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HomeMy WebLinkAbout1991 Ordinance Book ORDINANCES BOOK NO. 33 #91-3485 to #91-3498 PAGE ORD. NO. TITLE DATE 1 3485 Ord. amending the Zoning Ord. by conditionally 1/8/91 changing the use regulations of approximately 168 acres of land generally located north of Melrose Ave. and west of property owned by the University of Iowa from ID-RS to OPDH-1, a preliminary planned development housing plan for Walnut Ridge. 2 3486 Ord. amending the Zoning Ord. by conditionally changing the use regulations of approximately 43.8 acres located in the southeast quadrant of the intersection of Melrose Ave. and Highway 218 from ID-RS to RS-5. 3 3487 Ord. amending Chapter 36 of the Iowa City Code of Zoning Ordinances to limit and control the establishment of Heliports, Helipads and Heli- stops in Iowa City, Iowa. 4 3488 Ord. to amend Chapter 36, the Zoning Ord. 2/19/91 by amending section 36-4(c) to redefine consignment stores. 5 3489 Ord. to amend Chapter 24, miscellaneous pro- visions, to prohibit open burning in I.C. 6 3490 ORD AMENDING CHAPTER 15"GARBAGE,TRASH AND REFUSE" 3/5/91 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY ADDING A NEW SECTION 15.42 AND BY AMENDING THE TITLE OF SAID CHAPTER TO READ "SOLID WASTE." 7 3491 ORD. ESTABLISHING A USER CHARGE SYSTEM TO PROVIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH IOWA CITY'S WASTEWATER TREATMENT WORKS. 8 3492 ORD. AMENDING CHAPTER 33, ARTICLE II, DIVISION 3, 3/25/91 "WASTEWATER TREATMENT WORKS USER CHARGE ORDINANCE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY AMENDENG SECTIONS 33-48 AND 33-49. 9 3493 ORDINANCE AMENDING CHAPTER 32. x, ENTITLED "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY AMENDING SECTION 32. 1-65 TO REVISE CERTAIN FEES FOR THE RESERVATION, RENTAL AND USE OF PARKS AND RECREATION FACILITIES AND EQUIPMENT. 10 3494 ORDINANCE AMENDING THE VARIANCE PROCEDURE FOR CURB 4/16/91 CUTS. 11 3495 ORDINANCE AMENDING CHAPTER 9.1, CITY PLAZA, BY REPEALING SECTION 9.1-7(d) NOISE CONTROL, AND ADDING THERETO A NEW SECTION 9. 1-7(d) SOUND EQUIPMENT PERMIT 12 3496 ORD. AMENDING CHAPTER 33 ARTICLE V, "WATER" DIVISION 2, 5/28/91 "CONNECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 33-135 AND 33-155. 13 3497 ORD. AMENDING CHAPTER 32.1 "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32. 1-55 THERIN TO REVISE SOLID" ` WASTE COLLECTION FEES AND LANDFILL USE FEES. - 14 3498 ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32. 1-73 THERIN TO Ili: REVISE SEWER AND WATER CHARGES. VI ORDINANCES BOOK NO. 33 #91-3499 to #91-3510 PAGE ORD. NO. TITLE DATE 15 3499 An ordinance amending the zoning ordinance by changing 6/11/91 the use regulations of approximately 3. 10 acres of land located West of Mormon Trek Boulevard and north of Rohret Road, Iowa City, Iowa. 16 3500 Ord. No. 91-3500 amending the zoning ordinance by approv- 6/25/91 ing the revised preliminary planned development. housing plan (OPDH) for Walnut Ridge, Part 2, an approximate 22.99 acre tract of land located North of Melrose Avenue and West of property owned by the University of Iowa. 17 3501 Ord. providing that general property taxes levied and 7/9/91 collected each year on all property located within the Villa Garden Urban Renewal Project area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Redevelopment Project. 18 3502 Ord. amending Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 17-2, 17-4, 17-5, and 17-7 to ensure that certain housing requirements are consistent with the current building and zoning codes and to clarify certain other existing procedures. 19 3503 Ord. regulating the use of public and private sewers 7/23/91 and drains, private wastewater disposal, the installation and connection of building sewers, and the direct discharge of waters and wastes into the Wastewater Treatment Works and providing enforcement thereof. (Wastewater Treatment Works user Ordinance) 20 3504 Ord. regulating indirect discharge to the City's waste- water treatment works for certain non-domestic users and establishing general requirements for other users and pro- viding enforcement thereof. ( Wastewater Treatment Works Indirect Discharge Ordinance) 21 3505 Ord. No. 91-3505 amending Chapter 4, Entitled "Airports 8/20/91 and Aviation" of the Code of Ordinances of the City of Iowa City, Iowa. 22 3506 Ord. No. 91-3506 vacating portions of the south half of 9/17/91 Lafayette street. 23 3507 Ord. No. 91-3507 amending the zoning ordinance by condi- tionally changing the land use regulations of 50.32 acres of property located in West Side Park Subdivision from CI-1 to RM-12 and 3.97 acres of property located in West side park subdivision from CI-1 to CO-1. 10/15/91 24 3508 Ord. No. 91-3508 amending section 10.35 of the code of ordinances of Iowa City, establishing the boundaries of the voting precincts in Iowa City. 25 3509 Ord. No. 91-3509 amending section 2-17 of the code of ordinances of Iowa City, establishing the boundaries of the City Council districts in Iowa City. 26 3510 Ord. No. 91-3510 amending Chapter 7, entitled "Animals and Fowls," of the code of ordinances of the City of Iowa City, Iowa, AmendingSection 7-58 therein to include animals trained to assist persons with disabilities. ORDINANCES BOOK NO. 33 #91-3511 to #91-3517 PAGE ORD. NO. TITLE DATE 27 3511 Ord. to ammend the sign regulations of the zoning ord. 11/12/91 with respect to identification awning signs in RM (Multi- Family) Zones. 28 3512 Ord. amending Chapter 36, entitled "Zoning Ordinance" of the Code of Ordinances of Iowa City, Iowa, By amending section 36-11(E) therein to clarify non-conforming lot status in relationship to the RM-12 Zone dimensional requirements. 29 3513 Ord. amending Chapter 36, Zoning Ordinance of the Municipal 11/26/91 Code of the City of Iowa City by establishing a moratorium until April 1, 1992, on new construction for property zoned RM-145 and located within the boundaries of the near South- side Neighborhood Redevelopment Plan. 30 3514 Ord. naming the road located east of CarouselMotors - Ruppert Road. 31 3515 Ord. amending the zoning ordiance by conditionally changing the land use regulations of approximately 33 acres of land located east of Sycamore Street and west of Grant Wood Elementary School, From ID-RS to RS-5. 32 3516 Ord, amending the zoning Ordinance by conditionally changing 12/10/91 the land use regulations of Lot 22 of Bailey and Beck Addition from RS-8 to CI-1. 33 3517 Ord.to change the name of Loon Circle to Goldfinch Circle. JAC, ORDINANCE NO. 91-3485 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDrrIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 168 ACRES OF LAND GENERALLY LOCATED NORTH OF MELROSE AVENUE AND WEST OF PROPERTY OWNED BY THE UNIVERSITY OF IOWA FROM ID- RS TO OPDH-1, A PRELIMINARY PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR WALNUT RIDGE, IOWA CITY, IOWA. WHEREAS, the subject property Is presently In an area shown in the Comprehensive Plan for the City of Iowa City as residential, at a density of two to eight dwelling units per acre; and WHEREAS,because the subject property Is presently neither contiguous to existing development nor served by the full complement of municipal services, development of the property for urban land uses is not anticipated in the short- range development sequence of the Iowa City Comprehensive Plan; and WHEREAS, until such time as the City is able to provide municipal services to support urban development, the Iowa City Comprehensive Plan anticipates that the subject property will continue to be used for agricultural and other non-urban uses of land; and WHEREAS, the subject property is presently zoned ID-RS, Interim Development-Single-Family Residential,in conformance with the Comprehensive Plan land use policy for the parcel; and WHEREAS, the current property owner has applied to rezone the entire parcel to RR-1 and OPDH-1 to permit development of the tract for a large lot, residential planned housing development; and WHEREAS, the Iowa City Comprehensive Plan recognizes that the subject parcel possesses natural amenities which should be preserved and which make the site attractive for large lot residential development; and WHEREAS, use of septic systems is presently discouraged as a means of sewage disposal within the corporate limits of Iowa City; and WHEREAS, it is in the public Interest that proposed residential uses on the subject property be served by the municipal sanitary sewer system; and WHEREAS,the current property owner has agreed to extend municipal sanitary sewer service to and through the subject property In accordance with the terms and conditions of a Conditional Zoning Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL Subject to the terms and conditions of the Conditional Zoning Agreement and §414.5, Iowa Code, the property described below is hereby reclassified from its present classification of ID-RS to RR-1 and OPDH-1 and the preliminary PDH plan submitted by Southgate Development Company for Walnut Ridge is hereby approved. 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 P.M., except 4 acres lying South and West of the Public Highway, and further excepting that portion of the above described property, conveyed by Court Officer Deed in Book 603, Page 6, Records of the Recorder of Johnson County, Iowa. • I Ordinance No. 91-3485 Page 2 • SECTION II. VARIATIONS. Variations from the requirements of the RR-1 zone have been approved as part of this plan. The variations permit: A. Private ownership of all of the streets within the development. The Walnut Ridge Homeowners Association shall be responsible for the maintenance, repair and repaving of these streets. B. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 50 feet. C. Modification of the pavement requirements of the City's Street Standards and Specifications for collector streets to permit traveled surfaces to be constructed a minimum of 24 feet In width, with 4-foot wide shoulders on the undivided portions of Kennedy Parkway. Where the two lanes of this road are separated from one another by vegetative islands, each of the divided lanes shall be a minimum of 18 feet in width with four-foot wide shoulders. Parking shall be prohibited along Kennedy Parkway. D. Reduction of the pavement widths for the looped and cul- de-sac local streets within the subdivision from 28 feet, as measured from back of curb to back of curb, to 24 feet with four-foot wide chip seal shoulders. In lieu of Portland Concrete Cement, the looped and cul-de-sac local streets shall initially be surfaced with chip seal. Within two years of their construction, they shall be surfaced with asphalt, a minimum of six inches in depth. E. Variation of the cul-de-sac street length limit of 900 feet to not more than 1,000 feet for Shagbark Court and Acorn Court. F. Deviation from the minimum width requirement for a cul- de-sac street turnaround, to permit a traveled surface of approximately 24 feet In width for the Burr Oak Court tumaround, and traveled surfaces of 18 feet in width for the turnarounds of the remaining five cul-de-sacs within the development. G. No provision for public sidewalks adjacent to the streets within the development due to the low density of development within Walnut Ridge. ' SECTION III. 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 final passage, approval and publication of this ordinance as provided by law. SECTION IV. CONDmONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, and to certify the Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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. 1 Ordinance No. 91-3485 Page 3 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after Its final passage, approval and publication as required by law. Passed and approved this 8th day of January, 1991te- _ MAYOR ATTEST: 72a-t2ei, 4( • -eaA4 CITY CL'�RK Approved as to Form Legal Department -9'L/ 9a 1 It was moved by Ambrisco and seconded by Larson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 11/27/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration 12/11/90 Vote for Passage: Ayes: Kubby, Larson, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: McDonald. Date published 1/16/91 • CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is 'made by and between the City of Iowa City, Iowa, a municipal corporation (City), John W. Kennedy and Barbara F. Kennedy, husband and wife, and Dorothy J. Klsner, single, (Owner), and Southgate Development Company, Inc. (Applicant). WHEREAS, Southgate Development Company, Inc. has agreed to purchase the property generally located in Iowa City, Iowa north of Melrose Avenue and west of property owned by the University of Iowa and more particularly described below; and WHEREAS, the subject property is presently in an area shown in the current update of the Comprehensive Plan for the City of Iowa City as residential, at a density of two to eight dwelling units per acre; and WHEREAS, because the subject property is presently neither contiguous to existing development nor served by the full complement of municipal services, development of the property for urban land uses is not anticipated in the short-range development sequence of the Iowa City Comprehensive Plan; and WHEREAS, until such time as the City is able to provide municipal services to support urban development, the current update of the Iowa City Comprehensive Plan anticipates that the subject property'will continue to be used for agricultural and other non-urban uses of land; and WHEREAS, the subject property is presently zoned ID-RS, Interim Development - Single-Family Residential, in conformance with the Comprehensive Plan land use policy for the parcel; and WHEREAS, the Applicant has applied to rezone the entire parcel to RR-1 and OPDH-1 to permit development of the tract for a large lot, residential planned housing development; and WHEREAS, the current update of the Iowa City Comprehensive Plan recognizes that the subject parcel possesses natural amenities which should be preserved and which make the site attractive for large lot residential development; WHEREAS, use of septic systems is discouraged as a means of sewage disposal within the corporate limits of Iowa City; and WHEREAS, it is in the public interest that proposed residential uses on the subject property be served by the municipal sanitary sewer system; and WHEREAS, the Applicant and Owner have agreed to take measures to extend the municipal sanitary sewer from the Hawkeye lift station to and through the subject property, all in accordance with the terms and conditions set forth herein. • 2 NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as follows: 1. Southgate Development Company, Inc. (hereinafter"Applicant') has agreed to purchase the property generally located north of Melrose Avenue and west of property owned by the University of Iowa, which property is more particularly described as follows: 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 P.M., except 4 acres lying South and West of the Public Highway, and further excepting that portion of the above described property, conveyed by Court Officer Deed in Book 603, Page 6, Records of the Recorder of Johnson County, Iowa. 2. John W. Kennedy and Barbara F. Kennedy and Dorothy J. K isner are the owners ("Owner") of the subject property, and continue to hold legal title of the subject property. 3. Owner hereby consents to and joins into this Conditional Zoning Agreement, and agrees to abide by the terms of the Agreement in all respects. 4. The subject property is presently zoned ID-RS, Interim Development - Single-Family Residential, in conformance with the current update of the Iowa City Comprehensive Plan land use policy for the parcel, and is undeveloped. 5. The subject property' is presently not contiguous to existing development and is currently not served by municipal utilities and services. 6. The Applicant has applied to rezone the entire parcel from ID-RS to RR-1, Rural Residential, and to OPDH-1 to permit development of the tract for a large lot, single- family residential planned housing development, to be known as Walnut Ridge. 7. The current update of the Iowa City Comprehensive Plan recognizes that the subject property possesses natural amenities which should be preserved, but which also make the site attractive and suitable for large lot residential development. Parties acknowledge that large lot development is an appropriate use of the site, and may also mitigate against undue disturbance of the natural terrain and vegetation. • 8. Parties agree and acknowledge that a proliferation of septic tanks is not in the public interest. Conversely, Parties agree that it is in the public interest for City development to be served by a municipal sanitary sewer system. 9. To this end, Applicant, Owner and City agree to extend the municipal sanitary sewer system from the Hawkeye lift station to and through the subject property, all according to plans and specifications approved by the City. 10. Applicant and Owner further acknowledge that, in the event the subject property is transferred, sold, redeveloped, subdivided, divided, or split, the Applicant corporation is dissolved, and/or ownership of the property changes other than that which is contemplated herein, there shall in no event be development that occurs on the subject property which is not in conformance with the terms of this Agreement. 1 3 11. Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land; that the Agreement shall, upon execution, be recorded in the Johnson County Recorder's Office; and that the Agreement shall, without further recitation, continue to be a covenant running in favor of the City on each and every portion of the subject property, unless or until released of record by the City; and this Agreement shall inure to the benefit and bind all successors, representatives and assigns of each and every Party hereto. 12. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant and Owner from complying with all applicable local and state regulations, and both Applicant and Owner acknowledge same. i:,-ii'd this /9 day of M ARC H , 1990. SOUTHGATE DEVELOPMENT CITY OF IOWA CITY, IOWA COMPANY, INC. (APPLICANT) By: : - By: 4..if-04( /,‘e---4;"•442 Jos=i T. Braverman, Vice Presi nt ' ohn McDonald, Mayor /A y ATTEST: / 1 By: utr. ,v Richard D. :raverman, Secretary Marian K. Karr, City Clerk OWNER OF SUBJECT PROPERTY BY: - zzi:/i/ �ohri W. Kennedy, H///7-,,,L4 sba d APPAOM AS TO F Barbara F. Kennedy, Wifemop x_ t i e=';` r ; '� -(4e/76,1-*; �/ LEGAL DEPARTMENT( By: /inn`� " Dorothy K ner 1 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 19 day of MARCH , A.D. 1990 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared To so T. and Ro..n.t.1 b. , to me personally known, who, being by me duly sworn, did say that they are the Vice Presid,e.._4 and Se_cre_ , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that .(ne-seat-ha corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said Soso.p1.. Ti Srauew.s...-• and tcL[t,.d b._Bra verw.w. as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. y +c A HARRY R. MOLE NY L0ARRY .M ELPIRCS • i ' 8" Q- -0 Notary Public in and Of said Coun nd State STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this a U day of March, 1990, before me, the undersigned, a Notary Public in and for said county and state, personally appeared John W. Kennedy and Barbara F. Kennedy, to me known to be husband and wife, and Dorothy J. Kisner, to me known as single, and that they did execute the above agreement as their voluntary act and deed as owners of the subject property. MICHAEL W.KENNEDY /(// G ,r. MYSCOMMISSION 9P1WIRES Notary Public in and for the S - e of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 8th day of Jan. , 1991 before me, Gina M. Heick a'Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (JEIMIgtiltrNo. 91-3485 passed (til entiti#toaca ) by the City Council, under Roll Call No. ---- of the City Council on the 8th day of January 1991; and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. iA v� �V�I\ ( I/ Notary Public in aYid for the State of Iowa I. `TRt CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3485 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of January , 19 91 , all as the same appears of record in my office anl and published in the Iowa City Press-Citizen on the 16th day of January 1 Dated at Iowa City, Iowa, this 19th day of February , 19 91 Sue Johan es Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. 0� tr"r"\ PHONE 1319) 356-5000 IOWA CITY IOWA 52240-1826 FAX1319) 356-5009 arm 9/-8324 lot OFFICIAL PUBLICATION OFFICIAL PUBLICATION rair ORDINANCE NO,91-3485 The variations perms A. Penne ownership of all of the area wenn the AN ORDINANCE AMENDING THE ZONING ORDINANCE BY davelopnwt.Tte Welndt Ridge Homeowners Association CONDITIONALLY CHANGING THE USE REGULATIONS OF shall be responsible for the maintenance, repair and APPROXIMATELY 168 ACRES OF 'ANO GENERALLY repaving of these streets. 1 I LOCATED NORTH OF MELROSE AVENUE AND WEST OF B. Reduction of the rgMq-way width of Kennedy Pmaway, Printer s lees +l PROPERTY OWNED BYTHE UNIVERSITY OF IOWAFROM ID- a collector street from EL feet to a minimum of 59 feel. RS TO OPDH-1,A PRELIMINARY PUNNED DEVELOPMENT C. Modification of the pavement requiremenu of the City's HOUSING(FMB PUN FOR WALNUT RIDGE,IOWA CRY, Steel Standards end Specifications le C«ledw areas to CERTIFICATE OF PUBLICATION IOWA 2a i«° wwrryy 144001 aIdee�abraders On the WHEREAS, the subject properly IS presently In en area undivided portions of Kennedy Parkway. Mere the two STATE OF IOWA, Johnson County. ss: shown Milne Comprehensive Plan for Oa City of lowaclly as lanes of 195 road are separated from one another by residential.at e density of two to eight dwelling units pee acre; vegetative islands,each Cr the divided lures shay be a THE IOWA CITY PRESS-CITIZEN and minimumdiafed lnwidth with faw.raatwide ebonies WHEREAS because the subject property re presemy nether Parting shall be pinned along Kennedy Parkway contiguous to eaedng development nor seed by the heti 0 Reduction of the pavement widths for In.looped and CW. complement of mimipal services, development of the de-sac local streets tannin the subdwsion from an fen,an property or urban land uses la not anticipated In the shin- measured from beck of curb to back of curb,M 21 leer range development sequence of the Iowa City Comprehensive with four-fool wale chip seal shoulders. In leu Cl Portland I' Plan and Correia Cement,the looped and cul-de-sac local streets WHEREAS,until such lime as the City Is ebb to provide shall Inni«y be surfaced with chip seat. Wan Iwo years Sharon Stubbs, beinra dui municipal services to Support urban development,the lows of their construction.they shall be surfaced wit asphalt, O Y sworn, say City Comprahs sve Plan°Miupwes that the subject property mum d an mans in depth. that I am the legal clerk of the IOWA as tuses of land,o nBtl fee ag kw rp and whe « "°°" E �more n;°30 M stse1B length ourt and Age to corn CITY PRESS-CITIZEN, a newspaper WHEREAS,the subject properly Is presently zoned ID-RS, Court. Interim Development Single-Family Resedemlal,In Conformance F Deviation from the minimum width requirement 1«a Cul- published in said county, and that a with the Comprehensive Plan land use potty 1«the parcel, de-sec heel turnaround,to perm„a traveled surface of and approximately 24 feel In width fa the Bun Oak Cowl notice, a printed copy of which is hereto WHEREAS. the tenet„ properly Soler has applied to turnaround end Uneven surfaces of 15 net in wive"for rezone the anise parcel to RR-1 and OPOH-1 to permd the turnarounds Of the remaining Eve oda-sacs within attached, was published in said paper developmentIN the tract for a large lot resderel planned the deveoppm. ( time(s), on the followinghousing development;and G No pro b forp am sgawalks ed,e eve to tins crepe WHEREAS,Ise Iowa City Gompehrnive Plan recognizes the development due to the low dewy of date(s): that the subteen parcel possesses natural amenities which development Whin Walnut Ridge. should be preserved and which make the site etradne for SECTION III, ZONING MAP The Building Inspector ie hereby . ) / /17/ i large lot EAS,u el development,and Iowa authorized°M dined 10 orange the Zoning Map athet Gy !//(/� WHEREAS,use of seek systems is puamy discouraged of lava CM,owe to conform roma amendment upon Rarer r as a means d sewage disposal wane the capers Mm d passage. approval and pblcatlon of Ins oMNrce as Iowa City:end provided by law. WHEREAS, ft a m the public Peres that proposed SECTION I. CONDITIONAL ZONING AGREEMENT. The m derma hew on the subject and ba sewed by the Mayor b hereby and mita 10 sign,and the City aI n municipal sanitary Sewer system;and Clerk to°near,the Conditional Zoning Agreement, andani i[/t}v/(//////!J— WHEREASthecuter propriety owner has agreto extend earthyrecon the On the ce end C County Zoningr Agf Once. for neupl Accorry sewer seethe tomsthroughcothe is 01 SE iON In theJohnsonCourcy Rordinances and poprry in accordance with the terms and in Is co d a SECnn e V REPEALER.twin Al wdmercre rd perm e Cordm«W Zoning Agreement a copy d wn,an u coached Ordinances tap in convict wen Ise opinions of IhISONunrke re Legal Clerk nretdhereby repealed NOW, THEREFORE,CO BE IT ORDAINED BY THE CfTY of the dceshallSEVERABILITY d dju sediot avian li gen ' COUNCILN OF THE CL OF IOWA therms a u the Ordinance su be adjudged to a Invalid sor I y SECTION I. APPROVAL Agreect to the terms and .vs Coda, uric a Olds enc such whole of an shall ion,prod the Orlpat Subscribed and sworn to before me dine Conditional decribed ZoningAgreementherdeclan.°fr cad a, done ootadjudaa.wnra«unynsden povWidn«pan the property described I -below hereby-1rdCWSNgd and h5 bred not adjudged invalid Or unconstitutional .(/ L�,/��J a,J� poser dassUN pan of ID-RS to RS and me D end the this / day O f �/Cib' Compn Company PDH i d e tsed by Southgate ed Development SECTION Va. EFFECTIVE DATE The Ordnance pee be m I y . A.D. Comp for warm Ridge n herebyapproved ebd after as final passage. approve and pub,icailion as rwr,red by law, The Eur Half o IN the Northwest Caner end the East1991 Passed and approved this Sty day o f January Half of the Sara=Quarter d Section 7,Township t 19 9i . 29 Nolan,Range 6 Wes/of the 5th P M except a acres yep South end West of the Pubic Highway. Ate a -ne A ;I end beecept r exing that portion d the above t 'L /'a' v.- 0✓ /. eau described properly,conveyed by Court Office Deed MAYOR (� / In Book 603. Page 5, Records of the Recorder of Johnson County,Iowa Notary PUh11C W eat.)SECTION IL VARIATIONS. Variations from the requirements ATTEST 24l®f,Ca.ui ova at.)) of the RR-I sae have been approved as pen of the plan. CITY CLERK MARGARET RIOS ,r'£..:; CONDRIONAL ZONING AGREEMENT I /0-.26' - THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal 'I corporation(City),John W.Kennedy and Barbara F.Kennedy,husband and wife,and Dorothy J. Kisner,single, (Owner), and Southgate Development Company, Inc. (Applicant). a WHEREAS, Southgate Development Company, Inc. has agreed to purchase the property I w-3145 OFFICIAL PUBLICATION OFFICIAL PUBLICATION 02 613 generally located in Iowa City, Iowa north of Melrose Avenue and west of property owned by the University of Iowa and more particularly described below;and WHEREAS, the subject property is presently In an area shown in the current update of tho Comprehensive Plan for the City of Iowa City as residential, at a density of two to eight dwelling units per acre;and WHEREAS, because the subject property is presently neither contiguous to existing development nor served by the full complement of municipal services, development of the property for urban land uses is not anticipated In the short-range development sequence of the Iowa City Comprehensive Plan; and WHEREAS, until such time as the City is able to provide municipal services to support urban development, the current update of the Iowa City Comprehensive Plan anticipates that the subject propertywill continue to be used for agricultural and other non-urban uses of land;and WHEREAS,the subject property is presently zoned ID-RS,Interim Development-Single-Family Residential,in conformance with the Comprehensive Plan land use policy for the parcel;and , WHEREAS,the Applicant has applied to rezone the entire parcel to RR-1 and OPDH-1 to permit development of the tract for a large lot, residential planned housing development; and WHEREAS,the current update of the Iowa City Comprehensive Plan recognizes that the subject I parcel possesses natural amenities which should be preserved and which make the site attractive for large lot residential development; WHEREAS, use of septic systems is discouraged as\a moans of sewage disposal within the corporate limits of Iowa City; and WHEREAS, it is in the public interest that proposed residential uses on the subject property„ be served by the municipal sanitary sower system; and WHEREAS,the Applicant and Owner have agreed to take measures to extend the municipal, sanitary sewer from the Hawkeye lift station to end through the subject property, all in accordance with the terms and conditions set forth herein. NOW,THEREFORE,in consideration of their mutual promises,the Parties agree es follows: 1. Southgate Development Company,Inc.(hereinafter°Applicant')has agreed to purchase' the property generally located north of Melrose Avenue and west of property owned by the University of Iowa,which property is more particularly described as follows: 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 P.M.,except 4 acres lying South and West of the Public Highway, and further excepting that portion of the above described property,conveyed by Court Officer Deed in Book 603, Page 6, Records of the Recorder of Johnson County, Iowa. 2. John W. Kennedy and Barbara F. Kennedy and Dorothy J. Kisner are the owners)' ('Owner) of the subject property, and continue to hold legal title of the subject Property. 3. Owner hereby consents to and joins Into this Conditional Zoning Agreement, and 1 agrees to abide by the terms of the Agreement in all respects. 4. The subject property Is presently zoned ID-RS, Interim Development - Single-Family I Residential, In conformance with the current update of the Iowa City Comprehensive Plan land use policy for the parcel, and is undeveloped. 5. The subject property is presently not contiguous to existing development and is currently not served by municipal utilities and services. 6. The Applicant has applied to rezone the entire parcel from ID-RS to RR-1, Rural Residential, and to OPDH-1 to permit development of the tract for a large lot, single- family residential planned housing development,to be known as Walnut Ridge. 7. The current update of the Iowa City Comprehensive Plan recognizes that the subject property possesses natural amenities which should be preserved,but which also make the site attractive and suitable for large lot residential development. Parties acknowledge that large lot development is an appropriate use of the site,and may also' mitigate against undue disturbance of the natural terrain and vegetation. S. Parties agree and acknowledge that a proliferation of septic tanks is not in the public) Interest. Conversely,Parties agree that It Is In the public Interest for City development to be served by a municipal sanitary sewer system. 9. To this end,Applicant, Owner and City agree to extend the municipal sanitary sewer system from the Hawkeye lift station to and through the subject property,all according I to plans and specifications approved by the City. 10. Applicant and Owner further acknowledge that, in the event the subject property is transferred,sold, redeveloped, subdivided, divided, or split,the Applicant corporation is dissolved, and/or ownership of the property changes other than that which is contemplated herein,there shall in no event bedevelopment that occurs on the subject property which is not in conformance with the terms of this Agreement. I 1 __.,.,.witho...,,,itle o the land;ronan un uun3mw ro oa a 016! • L7/_3 21? covenant running with the land and with the title to tland;that the Agreement shall, / upon execution, be recorded in the Johnson County Recorder's Office; and that the Agreement shall,without further recitation,continue to be a covenant running in favor 3 of the City on each and every portion of thesubject property,unless or until released of record by the City; and this Agreement shall Inure to the benefit and bind all successors,representatives and assigns of each and every Party hereto. 12. Nothing In this Conditional Zoning Agreement shall be construed to relieve the Applicant and Owner from complying with all applicable local and state regulations,and both Applicant and Owner acknowledge same. Dated this /9 day of MA[FCl/ , 1990. SOUTHGATE DEVELOPMENT CITY OF IOWA CITY, IOWA COMPANY,INC. (APPLICANT) a!a t7 Joseph T Braverman,Vice Presid t John McDonald, Mayor • ATTEST: By: ti` BY: /!"'t.4«-[[.) ,K &44) I . Richard D. Braverman,Secretary Manan K. Karr, City Clerk OWNER OF SUBJECT PROPERTY /i BY: ,._ - /7_71 //J n W. Kennedy, Husb ' • By: tfd law- •� �� LC Barbara F. Kennedy,��Wife g" BY: 7(-2B- Hon. Doroth . sner STATE.OF IOWA ) SS: JOHNSON COUNTY ) On this /7 day of A/,rcty ,A.D.1990,before me,the undersigned,a Notary Public In and for the State of Iowa, personally appeared 7osctw Z&.n,,,yw and Ruler,!Aer'aurnee.,,to me personally known,who,being by me duly sworn,did say that they are the Vitt.Pretrcls..1 and 5tcrt4e.v respectively, of said corporation executing the within and foregoing Instrumeht to which this Is attached, that ) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto Is the seal of said) said corporation by authority of its Board of Directors; and that the said Sast,k T.B.aua.tm.... and Claud 0. Brat/ern, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily • executed. 4 • fz ,., [�ISSIe.x.1034 AA pc.4o Notary Public in an. $t said Coun and State I STATE OF IOWA ) SS: JOHNSON COUNTY ) On this D day of March, 1990,before me,the undersigned,a Notary Public in and for said county and state,personally appeared John W. Kennedy and Barbara F.Kennedy,to me known to be husband and wife, and Dorothy J. Kisner, to me known as single,and that they did execute the above agreement as the' voiunta act and deed as owners of the I subject property. ax:aliZ xTPY r, nseams, 1931 ES Notary Public in and for the tate of Iowa n SrohmerLt99r STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 8th day of Jan., 1991 before me, Gina M. Heick a Notary Public in and for the State of Iowa,personally appeared John McDonald and Marian K Karr,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and City Clerk, respectively,of the City of Iowa City, Iowa;that the seal affixed to the foregoing instrument Is the corporate seal of the corporation, and that the Instrument was signed and seated on behalf of the corporation,by authority of its City Council,as contained in(Ordinance)(&ems)No.91-3685 passed(tqu&antothnxadepmdq by the City Council, under Roll Call No. ---- of the City Council on the 8th day of January 199 I, and that John McDonald end Marian K Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation;by it voluntarily executed. CRC,. m cl lctL rt. Notary Pubic in and for the State of Iowa 03177 January 16,1991 !kW ocd CIL, ORDINANCE NO. 91-3486 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDi1TONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 43.8 ACRES OF LAND LOCATED APPROXIMATELY ONE QUARTER MILE WEST OF WEST HIGH SCHOOL FROM ID-RS TO RS-5. WHEREAS,the Applicant, Dave Cahill, has requested that the City rezoning approximately 43.8 acres of land located approximately one quarter mile west of West High School from ID-RS,Interim Development-Single-Family Residential,to RS-5, Low-DensItj Single-Family; and WHEREAS,theComprehensive Plan designates the subject property as being In Phase Ill of the residential development sequence schedule and as such Is not planned for development until after the year 2011; and WHEREAS, public facilities and utilities are not In place to serve development In this area; and WHEREAS,the Comprehensive Plan indicates a need for six acres of open space In this area; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the rezoning requests,over and above existing regulations,in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant has acknowledged and agreed that this development shall absorb all costs associated with development, including costs normally subsidized by the City; and WHEREAS,out of-sequencedeveiopmemcostsassociated • with this properly Include but are not limited to extension of water and sewer lines, pavement of streets including co0ector streets,the upgrading of sewer lines and other costs associated with development; and WHEREAS,the Applicant has agreed to dedicate six acres of land suitable for openspace. NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CiTY OF IOWA CRY, IOWA: SECTION I. APPROVAL Subject to the terms and conditions of the Conditional Zoning Agreement and Section 414.5, Iowa Code, the property described below is hereby reclassified from its present classification of ID-RS to RS-5. The east half of the northwest quarter, the west half of the northeast quarter in Section 18,Township 79 North, Range 6 West of the 5th P.M., excepting therefrom: Beginning at the center of said Section 18;thence N 8735WE, 568.4 feet along the south line of the southwest quarter of the northeast quarter of said Section 18,as presently fenced;thence N 4712W W, 2482.2 feet;thence N 41'22A'W, 162.3 feet to the west One of the northeast quarter of the northwest quarter of said Section 18 as presently fenced; thence S0123'E, 495.1 feet to the northwest corner of the southeast quarter of the northwest quarter of said Section 18 as presently fenced; thence S0644'E, 13225 feet to the southwest comer of said southeast quarter of the , northwest quarter,thence N89.48'E, 1340.2 feet along the south line of the southeast quarter of the northwest quarter to the point of beginning; And further excepting: 2 Ordinance No. 91-3486 Page 2 Beginning at a point S89°071/4W, 1031.1 feet from the northeast corner of said northeast quarter of the northwest quarter, on the north line thereof; thence S 89°071/2W, 320.9 feet along said north fine to the west line of the northeast quarter of the northwest quarter as presently fenced; thence SO°23'E, 178.0 feet along said west line; . thence N84°47'E, 121.7 feet; thence N57°15'E, 236.5 feet; thence NO°30'W, 44.0 feet to the point of beginning. Subject to an easement In favor of the State of Iowa for the construction and maintenance of a berm over the following tract: Beginning at a point N89°35'/21 E, 568.4 feet from the center of said Section 18, on the south line of the southwest quarter of the northeast quarter of said Section 18; thence N47°1 21/2W, 483.5 feet; thence S60°20'/;E, 308.1 feet; thence S41°02'E, 232.8 feet to the south line of the southwest quarter of the northeast quarter;thence 589°35'/2 W,65.7 feet along said south line to the point of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, to conform to this amendment upon final passage,approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts 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 Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 8th day of January, 19914 _ /.. , 21 t MAYOR • 4 ATTEST: //lta is) "l� . 753 CITY CLARK Ap. ov:. eV Al City Attorney's Office /o/ZS-74d ppdadmitahill.ord it It was moved by Ambrisco and seconded by Larson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 11/27/90 Vote for passage: Ayes: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. Nays: None. Absent: None. Second Consideration 12/11/90 Vote for Passage: Ayes: Novick, Ambrisco, Courtney, Horowitz, Kubby, Larson. Nays: None. Absent: McDonald. Date published 1/16/91 2 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made this 8th day of January 1991, by and between Day-Ed, Limited (hereinafter referred to as "Applicant"), and the CITY OF IOWA CITY, a Municipal Corporation (hereinafter referred to as "City"); RECITALS WHEREAS, Applicant is the owner of the following-described real estate located in Johnson County, Iowa: The east half of the northwest quarter, in Section 18, Township 79 North, Range 6 West of the 5th P.M., excepting therefrom: Beginning at the center of said Section 18;thence N 89°351/2'E, 568.4 feet along the south line of the southwest quarter of the northeast quarter of said Section 18, as presently fenced;thence N 47°121/2'W, 2482.2 feet;thence N 41°221'W, 162.3 feet to the west line of the northeast quarter of the northwest quarter of said Section 18 as presently fenced; thence S0°23'E, 495.1 feet to the northwest corner pf the southeast quarter of the northwest quarter of said Section 18 as presently fenced; thence SO°44'E, 1322.5 feet to the southwest corner of said southeast quarter of the northwest quarter;thence N89°46'E, 1340.2 feet along the south line of the southeast quarter of the northwest quarter to the point of beginning; And further excepting: Beginning at a point S89°07'/ W, 1031.1 feet from the northeast corner of said northeast quarter of the northwest quarter, on the north line thereof; thence S 89°071/2'W,320.9 feet along said north line to the west line of the northeast quarter of the northwest quarter as presently fenced;thence SO°23'E, 178.0 feet along said west line;thence N84°47'E, 121.7 feet; thence N57°15'E, 236.5 feet; thence N0°30'W, 44.0 feet to the point of beginning. Subject to an easement in favor of the State of Iowa for the construction and maintenance of a berm over the following tract: Beginning at a point N89°351/2'E, 568.4 feet from the center of said Section 18, on the south line of the southwest quarter of the northeast quarter of said Section 18; thence N47°12WW, 483.5 feet; thence S60°201/2'E, 308.1 feet; thence S41°02'E, 232.8 feet to the south line of the southwest quarter of the northeast quarter; thence S89°351/2'W, 65.7 feet along said south line to the point of beginning. WHEREAS,the above-described property is currently zoned ID-RS, Interim Development-Single- Family Residential; and the applicant now desires that this property be rezoned RS-5, Low Density Single-Family Residential; and WHEREAS, the Comprehensive Plan identifies the property as being in Phase III of the Residential Development Sequence Schedule and as such not scheduled to develop until after the year 2011; and a 2 WHEREAS, adequate public facilities and utilities are not in place to serve development in this area; and WHEREAS, the Comprehensive Plan identifies a need for six acres of neighborhood open space in this area. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. The above-described property is currently zoned ID-RS and the applicant, as the contract purchaser, now requests the City rezone the property to RS-5. 2. The Applicant acknowledges and agrees that as defined by the Comprehensive Plan development of this property is out-of-sequence, and that the applicant shall absorb all costs associated with development of this property, including costs normally subsidized by the City. 3. The Applicant acknowledges and agrees that out-of-sequence development costs that shall be absorbed by this development shall include but not be limited to extension of water and sewer lines, pavement of streets including collector streets, sewer upgrade fees and other costs associated with development. 4. The Applicant acknowledges and agrees that six acres of land suitable for open space will be dedicated to the City. This six acres of open space shall be located within the property known as the Cole Farm consisting of approximately 120 acres located in the southeast quadrant of the intersection of the Highway 218 and Melrose Avenue. 5. City and Applicant agree that these conditions are in the public interest and are appropriate and reasonable conditions, as provided by law, §414.5, Iowa Code (1989). 6. Parties acknowledge this Agreement shall be deemed to be a covenant running with title to the land; shall, upon execution, be recorded in the Johnson County Recorder's Office; and shall, without further recitation, continue to be a covenant on each portion of the subject, until released of record by the City. 7. Nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations, the Applicant acknowledges same. Dated this 13th day of November , 1 0. r i ,.._ Bild/0t6.41� ulv illiam David ahill, y: entt By: çLL lei. ?7te-14.4.iz, Edward W. omas, Vice President 2 3 ` ( _i€ 'By: j __4 c' p- =rte Marg/`(ret WCahill, Secretary APPLICANT CITY OF IOWA CITY, IOWA By: 1140-. J n McDonald, Mayor ATTEST: .72?„.„.;,„..) . -A--)....,) Marian K. Karr, City Clerk CITY STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 13ti, day of November , A.D. 19 90 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared W. & M. Cahill, E. Thomas , to me personally known,who being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (an rseafe on behalf of (tlae_seatIi t t t # said corporation by authority of its Board of Directors; and that the said w. & M. Cahill, E. Thomas as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. C14++mc_ . 'AAP.; K_..s Notary Public in and for the State of Iowa 2 4 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this _8th day of Januar , 19_ 91 , before me, Gina M. Heick , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 91-3486 passed (ttltoRadliittbIl adopted) by the City Council, under Roll Call No. of the City Council on the 8th day of January , 19 91 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ---t ,, ��� C. 0 .'�t:_ Notary Public in and for the State of Iowa Approve By The X ' - ,_-/ ity r 'orney's Office /1 '6 70 ppdadmin\cahthom.czb 2 i T. �: = . j -, (-•,. –ran�n//. cr?.N ( I��I 4 'IIiF 7-7-14,mite:4,1-1--ff--/ CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3486 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 8th day of January , 19 91 , all as the same appears of record in my office 19 91 and published in the Iowa City Press-Citizen on the 16th day of January , Dated at Iowa City, Iowa, this 19th day of February , 19 91 1{e_, 'halluXisp Sue Joh nes Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. "kiib PHONE (319) 356-5000 IOWA CITY IOWA 3220.1826 � FA% (319) 336.5009 iti� a r 0 - OFFICIAL PUBL ICA HUN U1 -H Itun / ORDINANCE NO. WHEREA'.uw echoaru has acknowledged and agreed Mal the development shall edSgt as coed eewelea wet,, AN ORDINANCE AMENDING THE ZONING ORDNANCE BY development,including rents normally subsidized by the Coy; CONOnONALLY CHANGING THE USE REGULATIONS OF and gVHERF�pAA� ncedave cmeaoclaad APPROXIMATELY 43.13 ACRES Or LMLO LOCATED eeaW Si. kP^M _ APPROXIMATELY ONE QUARTER MILE WEST OF WEST HIGH m Pvdfsope'sewerlamuddee+PAale rMMined d WSeneonof cing o SCHOOL FROM IOA9 TO RS-5. areas,the upgrading arse,•!Mie and other cob saarised wen development;and WHEREAS,Per Appicam.Dave Cahill has'courted that WHEREAS.we Applicant hoe agreed to decked Sat Km IM Cay rezoning approximately 43.8 acre of land lowed or land suitable for prance= approa'Inwen one quarter mile wen of West High Scaof from NOW, THEREFORE, BE n ORDAINED BY THE CITY 11)AS,Ima4 DerebpnntSepl`Gemlf Resdan'aL to RS3. COUNCIL OF THE CITY OF IOWA CRY,IOWA_ I7, LowAen4y SingNfamiM;and SECRON I. APHROVAI Subject ro the terms and Printers fetes •�/ WHEFF-AS,theCendenensive Plan designees the sagest concrete=or the Conditioned Zomig Agreement and SMlon property a bang N PM III a V.residential development 414.5, Iowa Code,IMM popery described taco Is hereby aaglxrxa schedule aldaauchb not planned for development reclass. from Is present deercaon ar lO.RS ad RSS CERTIFICATE OF PUBLICATION ulA ea theyaf 2011-,ad TM east tall of noMmen quarter,the west WHEREAS,pudic fecshles end while aro not In place to halof the nodneaa quasar In Settle.,18,TawMht'Ip STATE OF IOWA. Johnson County, ss: save development In Ind sty and 79 North Range sWest of the sin P.M,=ceding WHEREAS't^'.Dompro aandl daeanesa a therefrom THE IOWA CITY PRESS-CITIZEN eN R ithis=a and frog'nmrg al Me ceder or Said Scion le;thence WHEREAS,Iowa law provides Hal Ins Cey a love CM N 139'35WE"568.4 lea along ea so=b.of the may Impose reasonede conditions on granting the rezoning southwest quaver d the northeast quarter O said requests,aver and above saucing reguiawre,N pderlosasty Section 18,as pressrun Weed,thence N 47.124.'w, public needs directly caused by the requested change;and 2462.2 Teel,thence N 41224.W,1623 feet to the west I, Sharon Stubbs, being duly sworn, say ins dine nonnesstw.rtrawnanswme quarter a SECTION li. ZONING MAP The eiujadg Inspector re said sect=to as descry fenced;thence 5023'E. hereby eishbraed and directed iD change the zoning map of that I am the legal clerk of the IOWA 495.1 feel w we northwest carer a a.soothe= the Cey of Iowa Cry,to coaPm uD Pe amendment upon rum CITY PRESS-CITIZEN, a newspaper maser o the northwest geerlee c said Section lB es pa:sage,epproval and pubkalwnOfInsOrdinance as provided presently Ind;Mende 501e'E,13:25 feet to the by law.. published in said county, and that a eoubrxest=re(al asoutheastque id southeast ea p r the SECTION In. CONOMONAL AGREEMENT The Mayor Y northwest quitter,Pala N89•481E,13402 Leel along hereby authorized end mrened to sign,and the Cay Clerk ro notice, a printed copy of which is hereto the BOMnM'ec uwaueMee qua/We/Me nortmtem anent the Conditional Zoning Agreement and to=My the quant to the p n d begvvDinv ordinance end Conditional Zoning Agreement for recordation In attached, was published in said paper AM furtive excepting' the Johnson County Recorders Orn time(s), on the following Beginning al a paint 589.07V.W,1031.1 led from the SECION IV. REPEALER. All ordinances and panes northeast coma a said northeast quartei of the narinw64 ordinances in coned welt the provolone of this Ordinance are date(s): quarter,on the noon ane thereof,thence S e9107RW, hereby repealed 3209 feet along said noon line to the wen Lew of IM SECTION V. SEVERABILITY II any senior,provieiona Ip111Kd51 questa d the ndnMle51 quarter a Present,' part a the Ordinance snail be adjudged to be anus Ot ^ �^ 9 Ioitheaneed,thence aSof the I7B.eNs1 along old west line: nconsrgNwonet soon adjudication shall not erect the=CI.a 7W.`, r I ( I nt Qrdinarl as a wale o any Ba g p a i g or pan / thence N84.4TE 121 7 len,thence N57YS'E 238.5 few, Ironed.,adjudged ImLiO avnconatMlonad thence NothO'W,440 Na to the point at beginning. Sulext to an minaM favor d the state d lows SECTION VI,EFFECTIVE DATE ma Ordinance shall De ku for the g alrg et a and meimenance of a teat over the In hie Mer is coal passage approval aid publiwRan as —+/\,_!'✓////lJf/^ fallowing tract: required by law. Enuring a a point N0925W'E,56841ar from P=ared and approved Ms fhb Joy of the cater of sad Section lB,on the south ens of the 1q"- • cutthroat gianer of the northeast quare of said /flat y/,L 41 Ale4_- Legal Clerk Sedan Mance N47•121AW.483.5 feel,thence 58020%IE 308,feet,thence e41g2'E 2328 feet to M YOR IM south ane etre southwest quarter of Me northeast quarter;Manta 9B9"35WW,65.7 NM along said south ATTEST'. 6. Subscribed - cand sworn to before me hMtotepont of=gonna ..X this I/ day - ONDITIONAL ZONING AGREEMENT --. of sled!-__ . A.D.AD THIS CONDITIONAL ZONING AGREEMENT Is made this 8th day of January_ .J 19 9/. 199:,by and between Day-Ed,Limited(hereinafter referred to as"Applicant'),and the CITY OF /� ., L IOWA CITY,a Municipal Corporation(hereinafter referred to as"City'); (r,A.A.�4 o RECITALS Notary Public WHEREAS, Applicant is the owner of the following-described real estate located In Johnson County,Iowa: VANMARGARET RIOS ! The east half of the northwest quarter,in Section 18,Township 79 North,Range 6 West f'1 of the 5th P.M.,excepting therefrom: • Sat ht ace 9- Beginning at the center of said Section 18;thence N 89`354dE,568.4 feet along the south line of the southwest quarter of the northeast quarter of said Section 18, as presently fenced;thence N 47°121'W,2482.2 feet;thence N 41`221 W,162.3 feet to the west line of the northeast quarter of the northwest quarter of said Section 18 as presently fenced; thence SO°231, 495.1 feet to the northwest corner of the southeast quarter of the northwest quarter of said Section 18 as presently fenced;thence SO"44'E,1322.5 feet to the southwest corner of said southeast quarter of the northwest quarter;thence N89°46'E, 1340.2 feet along the south line of the southeast quarter of the northwest quarter to the point of beginning; And further excepting: Beginning at a point S89°071'W,1031.1 feet from the northeast corner of said northeast _ quarter of the northwest quarter,on the north line thereof;thence S 89'071/2'W,320,9 feet along said north line to the west line of the northeast quarter of the northwest quarter as presently fenced;.thence S0423'E,178.0-feet along said west line;thence N84°47'E,121.7 feet;thence N57°15'E,236.5 feet;thence ND°30'W,44.0 feet to the point of beginning. Subject to an easement in favor of the State of Iowa for the construction and maintenance of a berm over the following tract: Beginning at a point N89°35WE,568.4 feet from the center of said Section 18,on the south line of the southwest quarter of the northeast quarter of said Section 18;thence N47°121h'W,483.5 feet;thence S60°201'E,308.1 feet;thence 541°02'E,232.8 feet to the south line of the southwest quarter of the northeast quarter;thence 589°351'W,65,7 feet along sold south Ilne to the point of beginning. WHEREAS,the above-described property is currently zoned ID-RS,Interim Development-Single- Family Residential; and the applicant now desires that this property be rezoned RS-5, Low Density Single-Family Residential;and WHEREAS, the Comprehensive Plan identifies the property as being in Phase III of the Residential Development Sequence Schedule and as such not scheduled to develop until after the year 2011;and WHEREAS,adequate public facilities and utilities are not in place to serve development In this area;and WHEREAS,.the Comprehensive Plan identifies a need for six acres of neighborhood open space in this area.' NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree as follows: 1. The above-described property Is currently zoned ID-RS and the applicant,as the contract purchaser,now requests the City rezone the property to RS-5. 2. The Applicant acknowledges and agrees that as defined by the Comprehensive Plan development of this properly Is out-of-sequence,and that the applicant shall absorb all costs associated with development of this property,including costs normally subsidized by the City. 3. The Applicant acknowledges and agrees that out-of-sequence development costs that shall be absorbed by this development shall include but not be limited to extension of water and sewer lines,pavement of streets including collector streets,sewer upgrade fees --and-ottteal_costs.acseciateayantaavalOpmenf LI/bl • / 1 v1v / • OFFICIAL PUBLICATION • ORDINANCE NO. 9 L-3467 ORDINANCE AMENDING CHAPTER 36 OF THE IOWA CITY CODEOFZONING ORDINANCES TO LIMIT AND CONTROL THE ESTABLISHMENT OF HELIPORTS, HECIPADS AND HELISTOPS.IN:IOWA CITY,IOWA. WHEREAS,In order toprotect the community:from undue noise;airborne vibrations and Sr safety concerns it Is Inthe public interest to limit the establishment W helicons„helped, arid.heliatops.ln Iowa Clry;lowak end WHEREAS, Chapter 36,the Iowa City Coda M Zoning Ordinances,currently permits heliports,nallpads and heli§taps , as pr nciperuses by special a papion,in three zoning elitists, ' namely Research Development Park(REP),Office.Research Perk(ORP)end General Industrial(fit)zone;and • WHEREAS Chapter 36 also curremrypermits heliports, neupads and ha ttops as a principal,use,of right,In Heavy _ , Industrial 0.2),zones;and rVNiE�a WHEREAS,having reviewed the current Zoning Ordinance as { ' to,whmfQ helicopter lendings and takeoffs in,Iowa City ere i compatiblewith other uses in various zoning districts,the City $/■6■ Councilmakes the following legislative l nd ngs. 1. It Is an pp opnate.use of land to continue to permit • helicons,helipads end hal slops as principal uses In Printer s fee S Gone I Industral-01) He_Heavy Industrial 0.2) Office Research Park(ORP) Research Development.Park r{ (RDP) ape) Public,(P) zones to continua to limit (. viii TI'I'P'1 AT�. OF PUBLICATION helicon&hetpads:and he131opsiaeprincipal uses;by. n way of special in three(3)spree I4,ORp STATE OF IOWA. Johnson County. ss:. and RDP, end to permit hzoneE er landings as TRE IOWA CITY PRESS-CITIZEN accessory. 3,m, ase mreanlcwaa ab apdaa excep On 2. ILIser epprbprlate use of land in lowa:O s,to continue to permit heli pods,.helipads end nelistopess a matter. of right as both accessory and principal.uses'0 ' Heavy Industrialappropriate use blic(P)zones - 3 It Is nota and takeate of land to permit helicoptersory' z landings take-offs. ether as an accessory•oi r Io opal use n rasldemlal and commercial zones In Sharon Stubbs, beingdulysworn,, say lows c" y 4 All transportation ks not deemed to bean Integral�ppeed that I am the legal clerk of the IOWA w a!principal use not permitted e,bit matter s an l Zones a pAncp deto commercial gs into and CITY PRESS-CITIZEN, a .newspaper ring Orbs order toincorporate these,findings mdahn Zoning Ord a ca Chapter 36 should be amended - published in said County,- and that a I NOW THEREFORE, BE R ORDAINED BY THE CITY ') COUNCIL OF THE CITY OF IOWA CITY IOWA: notice, a printed copy of which is hereto SECTION AMENDMENT 91 attaehed� was published in said paper A. That Section 3&4(h)(3)or In m a Cry M mope Cade be amended.by repealing said section m4 _ tlme(S), on the following' adopting n leu thereof the following l ( / ` (3) Hospital. Ainstitution providing heztlh) Date(sf. services for human In patient metical Wre fw the sick or Injured end rt relined 1 laches which are anintegral'pad thereof' 17 such as abprde5 facilities, staff offices and' emergency medical services .except helicons,, helipads Old !holistein B. That Section 36.3 ofthelowa City Municipal Coda be amended by adopting a new subsection 36.3(11)tO - tread as follows Ey the contrary, provisions &this Chapter to. Legal Clerk the d ntrary„the establ shoT hetpheliport.,nollpads and,helshallell be!Imted and controlled a3 follows: (1) MolipMs hal patlsandhel stops are Subscribed and sworn to before me permmed by rigor to be established He principal and accessory uses 6r Heavy Industrial(1-2)and Pubic A) !J t[ y� zones this / !lay Of !_;L/ _._ A.D':. (2) Hollows,helipads end helislops are permitted by special eznp,lon m be 1 •{ estahl3M1e0 5P in end ` accessory a Research' 19* . • I Development Park (ROP) Office Research Park(ORP),and General q Industrial(I 1)zones. .7r,4.(-4/,ti} (3) Helipbnshlpads andsidentps are AM permitted n any Residential OM,, Notary P:ubl'iC or commercial(c)zone: • (4) Except 'y those zones where .. specifically pelmmed by this Section. heliports, helipads and MARGARET RIOS hefistops Snail not be COnsWOd Or interpreted es be ng an Integral pan IN any principal use or as being d accessory toprintpal use SECTION II,,SEVERABILITY If any section,pbe inn Or,part of theOrdinance their be an shall d to be invalid or the unconstitutional,such sole or n shalltion aflydthe validity of the Ordinance ase whole Cr any section,provision or lien' thereof SECTION not adjudged invalid.or.unconsfituttonal SECt after EFFECTVE DATE. This Ordinance publication begin' Select anti.its final passage;approval!and Wblicalion as' require NIV . SECTION IV; REPEALER: All ordinances Ordinance pans of • orpmances in ip with the provisions Of ihis Ordinance are hereby repealed. • L Passed and.apprcved,his bth'.-day.of February, • ATSESTi//1,�,,.a..J 5r�.✓ .CITY-CLERK � Ap etl by / e Ciy Anomey s offlea / I 63545 February 13,1991 1 \ 42 I4. The Applicant acknowledges and agrees that six acres of land suitable for open•space will be dedicated to the City. This six acres of openspace shall be located within the property known as the Colo Farm consisting of approximately 120 acres located in the southeast quadrant of the intersection of the Highway 218 and Melrose Avenue. • 5. City and Applicant agree that these conditions are in the public interest and are appropriate and reasonable conditions,as provided by law,§414.5,Iowa Code(1989). 16. Parties acknowledge this Agreement shall be deemed to be a covenant running with title to the land;shall,upon execution,be recorded in the Johnson County Recorder's Office; and shall,without further recitation,continue to be a covenant on each portion of the subject,until released of record by the City. 7. Nothing In this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations,the Applicant acknowledges same. Dated this 13th day of November ''//'� 19 By: C1411:46fri William� DavidnCahill,President BY:[Iii �u f I.(Y Edward W.Thomas,Vice President/' By: 3,24 A-e.L LCL' Ma garet M.Cahill,Secreta APPLICANT • CITY OF IOWA CITY,IOWA By: V-4C. 4 * A. ass". iohn McDonald, Mayor ATTEST:. • -k Marian K.Karr,City Clerk CITY STATE OF IOWA ) )SS: - JOHNSON COUNTY) On this 13th day of November_ A.D. 19 90 before me,'the undersigned, a Notary Public in and for the State of Iowa, personally appeared W. & M, Cahill. E. Thomas to me personally known,who being by me duly sworn,didsay that he is the President of said corporation executing the within and foregoing Instrument to which this Is attached,that(no seal has been procuredby the said)corporation;that said instrument Was signed ag ed)on behalf of tbecseakattLo l t eraMr ateetel said: g ( ( ) corporationuh by authority of its Board of Directors;and that the said W. & M. Cahill, E. Thomas as such officer acknowledged the execution of said instrument to be the voluntary act and deed dl said corporation,by it and by him voluntarily executed. m C\pilk_ Notary Public in and for the State of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 8th_ day of January 1991_, •before me, Gina M.Teta a Notary Public in and forte State of Iowa,personally appeared John McDonald and Marian K.Karr,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Iowa.ity, Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of thecorporation,by authority of Its.City Council, as contained in (Ordinance) (RBsbtNBce) No. 91-3486 passed p#%!PV8fl1119btt aset by the City Council, under Roll Call No. -, of the City Council on the 1 8th day of January ,19 9 .and that John McDonald and Marian K.Karr acknowledged the execution of the instrument to be their voluntaryact.and deed and the 'voluntary act and deed of the corporation,by it voluntarily executed. I It Notary Public in and for Me State of,Iowa 03176 ' ' ' January16,1991 a r , ORDINANCE NO. 91-3487 ORDINANCE AMENDING CHAPTER 36 OF THE IOWA CITY CODE OF ZONING ORDINANCES TO LIMIT AND CONTROL THE ESTABUSHMENT OF HELIPORTS, HELIPADS AND HELISTOPS IN IOWA CITY, IOWA. WHEREAS, in order to protect the community from undue noise, airborne vibrations and air safety concerns, It is in the public interest to limit the establishment of heliports, helipads and helistops in Iowa City. Iowa; and WHEREAS, Chapter 36, the Iowa City Code of Zoning Ordinances, currently permits heliports, helipads and helistops as principal uses, by special exception, in three zoning districts, namely Research Development Park (RDP), Office Research Park (ORP) and General Industrial (I-1) zone; and WHEREAS, Chapter 36 also currently permits heliports, helipads and helistops as a principal use, of right, in Heavy Industrial (1-2) zones; and WHEREAS,having reviewed the current Zoning Ordinance as to whether helicopter landings and take-offs in Iowa City are compatible with other uses in various zoning districts, the City Council makes the following legislative findings: 1. It is an appropriate use of land to continue to permit heliports, helipads and helistops as principal uses in General Industrial (I-1). Heavy Industrial (1-2), Office Research Park (ORP), Research Development Park (RDP) and Public (P) zones; to continue to limit heliports, helipads and helistops as principal uses, by way of special exception, in three (3) zones: I-1, ORP and RDP; and to permit helicopter landings as accessory uses in these three zones, also by special exception. 2. It is an appropriate use of land in Iowa City to continue to permit heliports, helipads and helistops, as a matter of right, as both accessory and principal uses in Heavy Industrial (1-2) and Public (P) zones. 3. It is not an appropriate use of land to permit helicopter landings and take-offs, either as an accessory or principal use, in residential and commercial zones in Iowa City. 4. Air transportation is not deemed to be an integral part of a hospital service, but rather is an independent, principal use not permitted in commercial zones; and WHEREAS, in order to incorporate these findings into the Zoning Ordinance, Chapter 36 should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. A. That Section 36-4(h)(3) of the Iowa City Municipal Code be amended by repealing said section and adopting in lieu thereof the following: (3) Hospital. An institution providing health services for human in-patient medical care for the sick or injured and including related facilities which are an integral part thereof such as laboratories, out-patient facilities, staff offices, and emergency medical services, except heliports, helipads and helistops. 3 Ordinance No. 91-3487 Page 2 B. That Section 36-3 of the Iowa City Municipal Code be amended by adopting a new subsection 36-3(h) to read as follows: (h) Notwithstanding provisions of this Chapter to the contrary, the establishment of heliports, helipads and helistops shall be limited and controlled as follows: (1) Heliports,helipads and helistops are permitted by right to be established • as principal and accessory uses in Heavy Industrial(1-2) and Public (P) zones. (2) Heliports,helipads and helistops are permitted by special exception to be established as principal and accessory uses In Research Development Park (RDP), Office Research Park (ORP) and General Industrial (I-1) zones. (3) Heliports,helipads and helistops are • not permitted in any Residential (R) or Commercial (C) zone. (4) Except in those zones where specifically permitted by this Section, heliports, helipads and helistops shall not be construed or interpreted as being an integral part . of any principal use or as being accessory to any principal use. SECTION H. 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 III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Passed and approved this 5th day of February, 11. MAYOR • ATTEST: t 9f• 7a..4.4...)CITY C K App .ved ity Attorney's Office V 3 It was moved by Larson and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 1/8/91 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration 1/22/91 Vote for Passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Date published 2/13/91 3 TI•I•Iv- \ ftryi��ppN�1 -ki '�ll #'Ifil _ CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3487 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of February , 19 91 ', all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of February 19 9 Dated at Iowa City, Iowa, this 13th day of March , 1991 égjx,ociio jut Joha es Deputy City Clerk • • CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 32250-1826 ^%4€ FAX(319) 356-5009 �•k.,� 3 ORDINANCE NO. 91-3488 AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING ORDINANCE, BY AMENDING SECTION 36-4(c) TO REDEFINE CONSIGNMENT STORES. WHEREAS, a consignment store is a use currently allowed in the CI-1 zone; and WHEREAS, consignment stores, as currently defined in the Zoning Ordinance, limit the sale of used merchandise to sales on a consignment basis only; and WHEREAS,this definition precludes tax-exempt organizations, as defined under Section 501(c)(3) of the Internal Revenue Code,from selling donated, used merchandise in the CI-1 zone; WHEREAS,from an operation perspective,used merchandise stores operated by tax-exempt organizations are indistinguishable from consignment stores. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 36-4(c) is amended by adding the following: (9.1) Consignment Store. A retail establishment engaged in selling used merchandise such as clothing, furniture, books, shoes, or household appliances on consignment or a retail establishment, engaged in selling donated used merchandise, which is operated by an organization which has been granted an exemption from federal tax pursuant to Section 501(c)(3) of the Internal Revenue Code. In association with such stores, merchandise is brought to the establishment and processed by being marked, cleaned, sorted, and stored as a major part of the principal use. Such stores do not include those selling vehicles, auto parts, scrap, or waste. 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 required by law. 4 Ordinance No. 91-3488 Page 2 Passed and approved this 19th day of February, 199 . / OR ATTEST: 2kGti r n-0 7C, 71.144.0 CITY CLERK Approve• by �i City Attorney's Office /2/0/7D • ppdadminl consign.ord • 4 It was moved by Larson and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 2/5/91 Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 2/27/91 Moved by Larson, seconded by Horowitz, 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 NI suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. 4 A r CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3488 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of February , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of February 19 91 . Dated at Iowa City, Iowa, this 13th day of March , 19 91 , Sue Joh ' nes Deputy City Clerk CIVIC CENTER • 4 1 0 E. WASHINGTON ST. /4'�KW, PHONEeJoh 3 5 6-5 0 0 0 IOWA CITY IOWA 52240-1826 .�" FAX(319) 356-5009 070!• Y/-.i1Y • • Printer's fee S Lam-'8-" 'OFFICIAL PUBLICATION ORDINANCE NO.91-3488 • CERTIFICATE OF PUBLICATION AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING • STATE OF IOWA- Johnson County. ss: ORDINANCE,BY AMENDING SECTION 36-4(C)TO REDEFINE CONSIGNMENT STORES. THE IOWA CITY PRESS-CITIZEN WHEREAS,a consignment store Is a use currently allowed in the CI-1 zone;and WHEREAS,consignment stores,as currently defined in the • Zoning Ordinance,limn the sale of used merchandise to sales on a consignment basis only;and • _ WHEREAS.thisdefinfion precludestax-exemptorganizations, as defined under Section 501(c)(3)of the Internal Revenue I, • Code,from selling donated,used merchandise in the CI-1 zone; Sharon Stubbs, being duly sworn, say WHEREAS,from an operation perspective,used merchandise Stores operated by taxen st organizations are that I am the legal clerk of the IOWA Indistinguishable from consignment stores. CITY PRESS-CITIZEN, • a newspaper NOW, THEREFORE, BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CRY,IOWA: published in said county, and that a ,SECTION I. AMENDMENT. That Section 36-4(c)is amended by atlding the following: notice, a printed copy of which is hereto (9.1) Consignment Store.A retail establishment engaged • In selling used merchandise such as clothing, attached/ was published in said paper fumiure,books,shoes,or household appliances • time(s), on the following on consignment or a retail establishment,engaged in selling donated used merchandise, which is date(s): - operated by an organization which has been granted an exemption from federal tax pursuant to / 7 /y ^-( Section 501(0)(3)ith dthe chInternal Revenue Cndi a In [-L-// association with such stores, merchandise is brought to the establishment and processed by rbeing marked,cleaned,sorted,and stored as a; major part of the principal use.Such stores do not include those selling vehicles,auto parts.scrap,or waste. ,SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are' • hereby repealed. SECTION III. SEVERABILITY. It arty section,provision or part Legal Clerk or 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 Subscribed and sworn to before me thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after Its final passage, approval and publication as required by law. this _7_._ day of /_ • A.D. Passed and approved this 19th day of February, 1991. 1911'' L - M�VOR /.°• (122 - • - U})IlC ATTECITY C �K�� sP9 r.J�` MARGARET RiOS 00830 February 27,1991 ORDINANCE NO. 91-3489 AN ORDINANCE TO AMEND CHAPTER 24, MISCELLANEOUS PROVISIONS, TO PROHIBIT OPEN BURNING IN IOWA CITY. WHEREAS, open burning of garden waste and rubbish have been shown to cause high levels of air pollution in Iowa City; and WHEREAS, air pollution resulting from open burning is a significant cause of respiratory problems for many citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION 1. Chapter 24 be amended by adopting the following: `ARTICLE XI. OPEN BURNING PROHIBITED Sec. 24-170. Open Burning Prohibited. No person shall ignite, cause to be ignited, permit to be ignited, allow, or maintain any open fire. Sec. 24-171. Exceptions. (a) Open burning of the following types may be permitted, in compliance with Fire Department guidelines, with a valid open burning permit from the Fire Department: (1) Ceremonial or Controlled Bonfires. Ceremonial or controlled bonfires may be permitted. (2) Disaster Rubbish. The open burning of rubbish, including landscape waste, may be permitted for the duration of the disaster period in cases where an officially declared emergency exists. (3) Prescribed Agricultural Burns. The open burning of fields may be permitted if necessary for the maintenance of native prairie grass. (4) Training Fires. Fires set for the purpose of bona fide instruction and training of public, institutional, or industrial employees in the methods of fire fighting. (5) Flare Stacks. Open burning or flaring of waste gases may be permitted. (b) Open burning for campfires and outdoor cooking is permitted without any burning permit if performed in an approved container constructed of steel, brick, or masonry. Sec. 24-172. Penalties. Any violation of this article shall be considered a misdemeanor or municipal infraction as provided for under Chapter 1 of the Code of Ordinances of the City. Such remedies shall be deemed cumulative in nature. 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. 4"� Ordinance No. 91-3489 Page 2 Passed and approved this 19th day of February, 1991. ge 2 /FAVOR ATTEST: Rn 4 7G . M/ CITY RK Approved by • lily Attorneys Office firelopenbum.ord It was moved by Larson and seconded by Kubby that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 1/22/91 Vote for passage: Ayes: Novick, Horowitz, Kubby, Larson. Nays: Ambrisco, Courtney, McDonald. Absent: None. Second Consideration 2/5/91 Vote for Passage: Ayes: Horowitz, Kubby, Larson, Novick. Nays: Ambrisco, Courtney, McDonald. Absent: None. Date published 2/27/91 5l L i I.I '1tr VIli�. -. -_I CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3489 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of February , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 27th day of February , 19 91 . Dated at Iowa City, Iowa, this 13th day of March , 19 91 . Jai- ,_ 0 M/(/)() SueJohann-- DeputyCity Clerk CIVIC CENTER • 410 E. WASHINGTON ST. �'��k��' 5', PHONE (319) 756.5000 IOWA CITY IOWA 52240-1826 FAX (319) 356-5009 67d a/KA( 7/3, OFFICIAL PUBLICATION ORDINANCE NO. 91-3489 Printer s fee s /5:33 AN ORDINANCE TO AMEND CHAPTER 24, MISCELLANEOUS PROVISIONS. TO PROHIBIT OPEN CERTIFICATE OF PUBLICATION BURNING IN IOWA CITY STATE OF IOWA. Johnson County. ss: bee Sinn mo causburning nigh levers a awaste pondo In rubbishhaw hCCityy: THE IOWA CITY PRESS-CITIZEN WHEREAS,air pollution resulting from own burning is a egnnicam cause of respiratory problems or many atoms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: SECTION 1. Chapter 20 be amended by adopling the browing, -ARTICLEAI. OPEN BURNING PROHIBITED — - Sec 24-170. Open Burning Prohibited. Sharon Stubbs, 'being duly sworn, say No person shall e N u1e to be Ignited'permit a be gnisd,dbw,or maintainy open that I am the legal clerk of the IOWA Sac.24.171. Exceptions (al Open burning of the following types may be permnad, CITY PRESS-CITIZEN, a newspaper In compliance with Fire Department guidelines,witha ublished in said count , and that a valid open burning permohomthe Fee Dewnmenl I P Y (I) Ceremonial Controlled Bonfires. notice, a printed copy of which is hereto Ceremonial or controlled bones may be permmed. attached,/ was published in said paper (21 Dearer Rueben The open burning d I time(s), on the following e °dm in`fth'day be arn d mlandscape date(s): period In cases where an officially declared emergency nets. ^ (3) Prescribed Agricultural Burns. The open cv'b 7f 1 Q9/ burning of lads may be permitted e 4/` ( necessary for the maintenanceyp of ed H prairie grass. (4) Training Fires. Fees set for the purpose of bona fide ins-suchen Open and bathing o1 qgl f hneteutbrel,or industrial empbyeea In IM methods d lee Igmimg. (5) Flare gases. Oben burning or flaring of waste lacca may be permitted. (b) pen burning Ice ry burning end s pert cooking In In Legal Clerk permitted without any burning perms peel, bndm.n maoned container mrsbumed of steal, brick, w masonry- Sec. Subscribed and sworn to before me Sec.2 131 P°nmlwe My violation al the encs shall be considered . misdemeanor w municipal Infraction as providedeC lar under T C Chapter 1 of the Code of Ordinances of the Cly. Suds this / 2j� remedies shall be deemed cumulative in nature. l day of Je/ A.D. SECTION II. REPEALER. All ordinances end pans of , osonences in conflict with the provisions of this Ordinance are eby 19 9/. s(TIO l SEVERABILm f any section,provaon or pan of the Ordinance shall be adjudged to be maid or - unconstitutional,such edludcatim shall not affed the vardiry of the Ordinance as a whole or any section,provwon w pan L44'0' thereof not adjudged avoid or unconvhltbnal. Notary Public Passed and approved Ithe 19 th day of February, Pis: OR ATTEST: //(C9,aia.«J 74< �t cm Dfldli February 77,1991 Ord p� ORDINANCE NO. 91-34 90 AN ORDINANCE AMENDING CHAPTER 15"GARBAGE,TRASH AND REFUSE OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW SECTION 15.42 AND BY AMENDING THE TITLE OF SAID CHAPTER TO READ "SOLID WASTE.' NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. Chapter 15 of the Iowa City Code of Ordinances should be and is hereby amended by adding thereto a new section, Article IV, Section 15-42 entitled "Lien,' to read as follows: Section 15-42. Lien. In addition to the above, the City shall have a lien upon the property of any user or property owner who has failed to pay for solid waste service. After written notice and public hearing, the City shall adopt by resolution said lien(s), and the City Clerk shall certify the amount of the lien and file the same with the County Auditor. Such lien shall attach to the property receiving solid waste service upon certification by the City Council and filing of the lien with the County Auditor. Liens perfected in this manner shall be assessed against the property to the extent of the balance due to the City for solid waste service supplied and costs incurred in perfecting such lien. Such lien shall be enforced until payment in full, at which time the lien shall be deemed satisfied, and the City shall acknowledge satisfaction thereof and file a release with the County Auditor. However, any rental property owner or manager who furnishes to the City, in writing, the name and forwarding address and telephone number (if known) of former tenants who have vacated the premises where solid waste bills are past due, delinquent and unpaid, then in that event the City shall forbear filing the lien provided in this Chapter. SECTION 2. Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa entitled "Garbage, Trash and Refuse" is hereby amended by repealing said title and adopting in lieu thereof the title of said Chapter to "Solid Waste." SECTION 3. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect as if the Ordinance contained no illegal or void provisions. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. Passed and approved this 5th day of MARCH. gL6A-a2 AYOR Ordinance No. 91-3490 Page 2 ATTEST: , CITY CLE Approved by C Attorney's Office - /.S 9/ legallsolidwstord It was moved by COURTNEY and seconded by KUBBY that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Courtney Horowitz Kubby Larson McDonald x Novick First Consideration 2/5/91 Vote for passage: AYES: COURTNEY, HOROWITZ, KUBBY, LARSON, McDONALD, NOVICK, AMBRISCO. NAYS: NONE. ABSENT: NONE Second Consideration Vote for Passage: Date published 3/13/91 Moved by Courtney, seconded by Kubby, 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: COURTNEY, HOROWITZ, KUBBY, LARSON, McDONALD, NOVICK, AMBRISCO. NAYS: NONE. ABSENT: NONE (, .m. - o.- ^ ,III c,4l-° :-.. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3490 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of March , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of March , 19 91 Dated at Iowa City, Iowa, this 9th day of April 19 91 jai_ /Cr-AcIAMCV) Sue Johannes Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. `cleTG. }�y, PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 % 2240 1826 %�� FAX(319) 356-5009 at. qi-3 goo �.{ // OFFICIAL PUBLICATIONORDINANCE.c ORDINANCE No. 91-3490 Printer's tees �l ORDINANCE AMENDING CHAPTER I S'GARSAOE.TRASH !.ND REFUSE'OF THE CODE OF ORDINANCES OF THE CITY CERTIFICATE OF PUBLICATION 'DF IOWA MY,IWA.BYADDING ANEW rECRON 1542 ANO BY AMENDING THE TRE OF SAD CHAPTER TO READ STATE OF IOWA. Johnson County. ss: sono WASTE. THE IOWA CITY PRESS-CITIZEN OFFWiiHEanwOFIOWAIT CRY,IIOWADarTHE an•couNat BFCIION 1. Cnepter 15 d the lows City Code of Ordinances ever be end Is hereby amended by seem Thereto a row eecTa Arta N.Sett' 1542 need Yen,'to read am blows: Seaton 15-42 Lien I, In emeows to the above,the CBy del have•Ben upon the popery of any user or property mono who has WW1 to pay for Sharon Stubbs, being duly sworn, say aNa waits welds After written nate end pubo`hewing,to lerk that I am the legal clerk of the IOWA atm m.Ana OM Wool by Me len d nd the�,e Cay lnee CITY PRESS-CITIZEN, a newspaper County Audffxr.euSen t each b receiving wed YiupncerOva City published in said county, and that a Nog athe len WMthe County Auditor. Liens perfected In tMe fume shalt be assessed spend the property to to adorn of notice, a printed copy of which is hereto me Wends Oatpthe City for acid waif eeerlC.suppled and cows Incurred M perfecting etch Het Such Bas haw be attached was published in said paper enforced wed payment wpayment In y4 a at ane the Ben shall be l time(s), on the following e4°H ten Merest and file•reams with any, date(s): oared properly owner or manager who furnishes to the Cay,M writing. the nun and forwarding address CId telephone kno number R a tonne tater,who have vermes theA Q vc.% /3 I p/ where w eb peal clue 1puae endtredthen In Maltida Cy dab forbear flog Me tel prodded M cob Chen,. paper Ida law Code of Ordinances of da Coy Of lows ay,loan entitle]Clymer to age,tot Wenrash and ReAm'd dolt'Namended3E by needing mad Ube Of and adopting a Bm hereby the a mid eeig s Sae who,• SECTION . $EVFRADeson M arty a provisions a the OrdinanceWorld pro we f r any Oat, dared Illegalema ead,men to Legal Clerk saidinwfulpo Drawa.eae InNeed msad from g and Me°Mina o ccaaq eWrerwnmMluro and Mea m e me Cdwtce afwrrd no end or void provisoes. SECTIONA FEPEALER.All ordinances a ped a ordinances Subscribed and sworn to before me in Comic with the provision'of the Ordinance are hereby repealed. SECTION 5.EFFFC1VF DATE This Orderer shalt be I full n �, _ n tan et elect Man used Mer b Me passage end passim. this 5' _ dayof v`D��" . A.D. asRa.+bedbylet Paved and aboromrd gun' 5th day of MARCH. 19,9,/ . / l der A r ate'- '1' n'✓ Notary Public . � .00101 March 17,1991 MARGARET RIGS I o < 1 o. _ 6- 9a • /-I O/(-7• 7/ J77/ 9" APPENDIX"B"TO THE USER CHARGE ORDINANCE (REPLACEMENT SCHEDULE) This Appendix contains a replacement schedule that was developed to determine the amount of, revenue needed to fund the replacement account(improvement fund).The replacement schedule lists the equipmenl'in the treatment works,the estimated dales When the equipment wil have to be replaced,and the estimated cost of replacement(including an allowance for inflation)over the useful life of the treatment works. The city currently has $2,000,000 (the total cost of replacement)in the Improvement fund. This fund will be maintained over the useful life Of the treatmentworks. The replacement dales and costs shown are estimates;the actual replacement dates and costs could be significantly different from those shown. If the actual replacement expenses differ significantly from those listed in the replacement schedule,the funding of the replacement account(improvement fund)shall be adjusted accordingly. REPLACEMENT SCHEDULE Years From Treatment Replacement Account Works In Operation Replacement Item Expenditure Income Balance 20 Influent Pump,Statlons $531,000 $531,000 2D Aerated Grit Systems ' $108,000 $108,000 20 Storm Water Detention $83,000 $83,000 20 Final Clarification $201,000 $201,000 20 Primary Clarification $236,000 $236,000 20 Disinfection $133900. $133,000 20 Sludge Treatment $332,000 $332,000 20 Secondary Treatment $369,000 $369,009 00100 March 13,1991 7 • tit n$ _L .9. 7 ,.IT'' 4. t r..+N.J,�Kik.,. CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3491 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of March , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 13th day of March , 19 91 . Dated at Iowa City, Iowa, this 9th day of April , 19 91 . it(, _ aYie-6D Sue Johann s Deputy Ci Clerk CIVIC CENTER • 410 E. WASHINGTON ST. idk • PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 WV FAX(319) 356-5009 4P�., 7 rLI 6" ORDINANCE NO. 91-3491 WASTEWATER TREATMENT WORKS USER CHARGE ORDINANCE AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM TO PROVIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH IOWA CITY'S WASTEWATER TREATMENT WORKS. WHEREAS, the City of Iowa City, Iowa has previously accepted offers of grant-in-aid from the United States Environmental Protection Agency(EPA)for reimbursement of a portion of the costs of planning, design, and construction of a wastewater treatment works; and WHEREAS, the City must pay all expenses associated with said treatment works and charge the users of said treatment works accordingly; and WHEREAS, by accepting said grant offers, the City agreed to adopt, implement and maintain a user charge system to pay all said expenses, and further agreed that said user charge system would follow U.S. Environmental Protection Agency guidelines, as approved by the Iowa Department of Natural Resources; and WHEREAS, the components of said wastewater treatment works are nearing completion; and WHEREAS, an ordinance must be submitted to the Iowa Department of Natural Resources to assure timely payment of reimbursements from grants-in-aid for wastewater treatment works projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. Chapter 33, Article II, Division 3 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Chapter 33,Article II, Division 3 in its entirety and enacting in lieu thereof a new Chapter 33, Article II, Division 3 to be codified and to read as follows: WASTEWATER TREATMENT WORKS USER CHARGE ORDINANCE ARTICLE I GENERAL Sec. 33-41. Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Iowa City to collect charges from all users who contribute wastewater to the City's wastewater treatment works. The proceeds of such charges so derived will be used only for the purposes of operation, maintenance, replacement, expansion and debt service for such wastewater treatment works. This Ordinance shall take precedence over any terms or conditions of agreements or contracts between the City and users of the wastewater treatment works which are inconsistent with Section 204(b)(1)(A) of the Clean Water Act and the corresponding regulations. 1 2 Sec. 33-42. Definitions. Definitions set forth in this Chapter shall be applicable to this Division. In addition, unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: "Biochemical Oxygen Demand" ("BOD") shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20° Centigrade, expressed in milligrams per liter (mg/I). "Infiltration/Inflow" ("I/I") shall mean clear, unpolluted water which enters the collection system from the ground or uncontrollable sources. "Normal Domestic Wastewater" shall mean wastewater that has a BOD concentration of not more than 300 mg/I, and a suspended solids concentration of not more than 300 mg/I. "Operation and Maintenance" shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, together with other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed. "Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. "Residential Contributor" shall mean any contributor to the City's treatment works whose lot, parcel of real estate, or building is used only for domestic dwelling purposes. "Shall" is mandatory; "may" is permissive. "Suspended Solids" shall mean the total suspended matter that either float on the surface of, or are in suspension in water, wastewater, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. "Treatment Works" shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting wastewater treatments, outfall wastewater treatments, sewage collection systems, individual systems, pumping,power, and other equipment and their appurtenances; extension improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable supply such as standby treatment units and clear well facilities; and any land or work, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment, such as land used for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating,reducing,storing,treating,separating,or disposing of wastewater, including waste in combined stormwater and sanitary wastewater treatment systems. 1 3 "Useful Life" shall mean the estimated period during which a treatment works will be operated. "User Charge" shall mean that portion of the total wastewater service charge which is charged in a uniform and adequate manner for the cost of operation, maintenance, debt service and replacement of the treatment works. "Water Meter" shall mean any water volume measuring and recording device, approved by or furnished and installed by or under the supervision of the City of Iowa City. Sections 33-43 through 33-44. Reserved. ARTICLE II RATES AND CHARGES Sec. 33-45. Funding to Generate Adequate Revenue. The user charge system shall generate adequate revenues to pay: 1) Costs of billing, collection, and administration expenses in keeping with a long-term City policy, including a minimum water usage fee. 2) Costs of annual operation and maintenance of treatment works, including replacement; 3) Costs associated with wastewater treatment bond retirement for bonds now outstanding including payments to all sinking, revenue, depreciation, extension, and improvement funds established in the ordinances or resolutions authorizing such bonds; 4) When required, costs associated with retirement of wastewater treatment bonds to be issued in the future. 5) Costs associated with the City's wastewater pretreatment program. Sec. 33-46. Charges. Charges shall be as provided in Schedule of Fees, Section 32.1-73 of the Iowa City Code of Ordinances. Each user shall pay for the services provided by the City based on the user's use of the treatment works as determined by water meter(s) which are acceptable to the City. User charges shall be based on actual water used during the billing period. If actual water use is not available, the user charge will be based on prior water usage. New customers shall have a first billing based on an estimate determined by the City Finance Department. Users shall pay for wastewater treatment services provided, as follows: 1) Basic Service a) A minimum monthly charge, which includes i) A fixed fee for billing, collection, administration, and 60% of infiltra- tion/inflow expense. 1 4 ii) A user charge for two hundred (200) cubic feet of water usage. b) A user charge for all water used in excess of two hundred (200) cubic feet per month. The user charge is for operation and maintenance of the treatment works, including replacement, necessary expansion and debt service, plus 40% of infiltration/inflow expense. 2) Extra Strength Wastes. A monthly surcharge for those users who contribute wastewater having a strength which is greater than normal domestic wastewater, as defined herein. 3) Toxic Wastes. A monthly surcharge for those users who discharge any toxic pollutants which cause an increase in the cost of managing the treatment works, or which cause increases in the cost of operation, maintenance, or replacement of the treatment works, or which must be regulated or limited to protect effluent or sludge quality. 4) Applicability of Charges. The user charge rates established in the Schedule of Fees, Section 32.1-73 of the Iowa City Code of Ordinances, apply to all users of the City's treatment works, regardless of the location of such services and users. 5) Water not Discharged into System. If any user of water consumes water for any purpose which does not cause discharge into the sanitary wastewater treatment system, and if, as established by a separate water meter installed and maintained by such user, the consumption of such water can be determined, and if approved by the City, then in that event no charge shall be made on the basis of water so supplied. Residential contributors shall not be allowed this option, unless approved by the City Finance Department. 6) Water Discharged into System from Private Source. If any person shall discharge water into the City sanitary wastewater treatment system from private wells or sources other than the City water system, the City shall have the right to install a meter at the owner's and/or user's expense to measure such flow, or the City may elect to use whatever means satisfactory to the City for determining sewage treatment charges. Sec. 33-47. Billing Procedures, Collection Procedures, Delinquent Accounts. 1) Billing frequency, delinquent accounts. All users shall be billed either monthly or once every other month. Billings for any particular period shall be mailed to users within thirty (30) days after the end of the billing period. Payments are due as of the date the billings are mailed, which date shall be the billing date. If full payment of the amount billed is not received within fifteen (15) calendar days after the billing date, the user's account shall be considered delinquent. At locations where City wastewater and water service is being provided, the user's account shall be billed and collected as a single combined account. In the event of a delinquency in payment for either wastewater service or water service, subsequent payments shall be credited first to the delinquent bill or bills, and then to the current billing. In the event that a user fails to pay the full amount of the user's bill for wastewater treatment within thirty (30) days after the billing date, service may be discontinued 1 5 following a twenty-four (24) calendar day written Notice and opportunity to cure ("Notice to Cure"). In the event such charges remain unpaid during the cure period, such charges may be certified by the City Council and assessed against the property connected to the wastewater treatment works and forwarded to the county auditor for collection in the same manner as a property tax, as provided by Iowa law. 2) Notice to discontinue service; hearing. If a user fails to pay for wastewater treatment services and said billing remains unpaid thirty (30) days after the billing date, the users account shall be deemed delinquent. The City Department of Finance may then discontinue wastewater treatment service to any user who has failed to pay for the wastewater treatment service supplied, after giving the user written Notice to Cure and an opportunity for an informal hearing before the Director of Finance or his/her designated representative. The Notice to Cure shall be mailed by first class mail to the affected user not less than twenty-four (24) calendar days in advance of discontinuance ("cure period"), and shall also be posted at the service location or locations not less than five (5) calendar days in advance of discontinuance. Failure to request a hearing within thriteen (13) calendar days of the Notice shall be deemed a waiver of the users right to a hearing prior to disconnection. The Notice to Cure shall further state, in writing, the reason for discontinuance of service; shall identify the account or accounts and service location or locations for which payment is delinquent; shall identify the users and/or responsible parties for said accounts; shall state the amount or amounts of such delinquencies and service charges; shall identify the service location or locations at which service will be discontinued; and shall state the date or dates on which the City shall discontinue such service. 3) Discontinuance of wastewater treatment service, location within joint wastewater treatment and water accounts. When a user's account for wastewater treatment service is at a location also served by City water, and when the users wastewater treatment service is delinquent as provided in (a) above, wastewater treatment service may be discontinued by the City's cessation of water service at that location. Cessation of water service may, at the City's option, be accomplished by shutting off the service water valve at the stop box, if available, or removal of the user's meter. The City shall have unrestricted access to such valves and meters for the purposes specified herein, regardless of whether those devices are located in City street right-of-way, City easement, or in or on the property of the user. 4) Discontinuance of wastewater treatment service; locations with wastewater treatment service only. When a user's account for wastewater treatment service is served only by City wastewater treatment service, but not by city water service, and said wastewater account is delinquent as provided in (a) above, wastewater treatment service may, at the City's option, be discontinued either by disconnection of the users wastewater treatment service line from the City's wastewater main, or by plugging said service line. The City shall have unrestricted access to all wastewater treatment service connections for the purposes specified herein, regardless of whether those connections are located in City street right-of-way, City easement, or in or on the property of the user. 5) Discontinuance of wastewater treatment service; users with multiple accounts at multiple sites. Notwithstanding (3) and (4) above, when an individual user is billed under two (2) or more accounts for wastewater treatment use at two (2) or more separate service locations, a delinquent payment for service provided at any one or more of the said 1 6 locations shall be cause for the City to discontinue service at all wastewater treatment locations serving that user, regardless of whether the accounts for use at such other locations are delinquent. 6) Restoration of service; fees and charges. Upon payment of all delinquent wastewater treatment service fees and all water service fees, where applicable, and also upon payment of all service charges as hereafter provided, the City shall cause the user's wastewater treatment service to be restored. A user whose wastewater treatment service is to be restored by restoring water service shall pay the carding fee for shutoff authorized by Section 33-169(c) and set forth at Section 32.1-73 of the Iowa City Code of Ordinances. A user whose wastewater treatment service is to be restored by reconnection of the user's wastewater service line, or removal of the plug therefrom, shall pay as a service charge the City's actual cost of disconnecting the service line or lines involved. The user will be credited or billed for the difference between the estimated and actual cost of reconnection or unplugging. It shall be prohibited for any person to restore or attempt to restore wastewater treatment service at a location where wastewater treatment service has been discontinued by the City, without express written authorization from the City. All payments required to restore the user's wastewater treatment service shall be in the form of cash, money order, or a cashier's check. 7) Lien. In addition to the above, the City shall have a lien upon the property of any user or property owner who has failed to pay for wastewater treatment service supplied. After written notice and public hearing, the City shall adopt by resolution said lien(s), and the City Clerk shall certify the amount of the lien and file the same with the County Auditor. Such lien shall attach to the property receiving wastewater treatment service upon certification by the City Council and filing of the lien with the County Auditor. Liens perfected in this manner shall be assessed against the property to the extent of the balance due to the City for wastewater treatment service supplied and costs incurred in perfecting such lien. Such lien shall be enforced until payment in full, at which time the lien shall be deemed satisfied, and the City shall acknowledge satisfaction thereof and file a release with the County Auditor. However, any rental property owner or manager who furnishes to the City, in writing, the name and forwarding address and telephone number (if known) of former tenants who have vacated the premises where wastewater treatment bills are past due, delinquent and unpaid, then in that event the City shall forbear filing the lien provided in this Division. 8) Fee for delinquent accounts. The City Director of Finance is authorized to charge a fee for delinquent wastewater treatment service accounts. The amount of such fee shall be as set forth in the Schedule of Fees, Section 32.1-73 of the Iowa City Code of Ordinanc- es. Wastewater treatment service to a property which has been discontinued pursuant to this Division may be resumed, provided that the user or property owner pays the delinquent amount plus all additional fees and charges. Wastewater treatment service to rental properties shall be resumed regardless of whether persons formerly living or occupying the premises have paid all wastewater treatment bills, provided however that 1 7 all such persons have vacated the premises, as verified in writing by the rental property owner or manager. (i) Regulations regarding billing and maintenance of wastewater treatment service account records. The City Director of Finance is authorized to adopt and promulgate rules and regulations not inconsistent with this chapter regarding billing procedures for wastewater treatment service accounts, maintenance of account records, and collection procedures for such accounts. Sec. 33-48. Review; Changes to Rates; Notification. The City shall review the user charge system and revise user charge rates as necessary to insure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, necessary expansion and debt service, and that the system continues to provide for the uniform distribution of operation and maintenance among all users, including replacement costs. The City will annually notify all users, in conjunction with a regular bill, of the wastewater treatment charges, and that portion of the user's bill attributable to wastewater treatment services. Section 33-49. Reserved. ARTICLE III APPLICATION OF REVENUES Sec. 33-50. Revenue Fund. The entire income and revenues of the wastewater treatment works shall be deposited, as collected, in a fund to be known as the wastewater treatment revenue fund, and shall be disbursed only as follows: 1) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Wastewater Treatment Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis, such as insurance. After the first day of the month, further deposits may be made from the Revenue Fund to this account, to the extent necessary to pay current expenses accrued and payable, and to the extent that funds are not available in the Surplus Fund. 2) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay principal of and interest on the Bonds and Parity Bonds. The fund shall be known as the Wastewater Treatment Revenue Bond and Interest Sinking Fund ("Sinking Fund"). The minimum amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the installment of interest coming due on the next interest payment date on the then-outstanding Bonds and Parity Bonds, plus 1/12th of the installment of principal coming due on such Bonds on the next succeeding principal payment date, until the full amount of such installment for both interest and principal is on hand. Money in the Sinking Fund shall be used solely for the I' 8 purpose of paying principal of and interest on the Bonds and Parity Bonds, as the same shall become due and payable. 3) Reserve Fund. Money in the Revenue Fund shall next be disbursed to maintain a debt service reserve in an amount equal to at least the lesser of 1) the maximum amount of principal and interest coming due on the Bonds and Parity Bonds in any succeeding fiscal year; or 2)fifteen (15) percent of the original principal amount of Bonds outstanding at any time. Such fund shall be known as the Wastewater treatment Revenue Debt Service Reserve Fund ("Reserve Fund"). The Reserve Fund shall be fully funded in the required amount from proceeds of the Bonds. If it is necessary to replenish the Reserve Fund, in each month there shall be deposited in the Reserve Fund an amount equal to 25% of the monthly amount required by this Ordinance to be deposited in the Sinking Fund; provided, however, that when the amount on deposit in the Reserve Fund shall be not less than the minimum required above, no further deposits need be made into the Reserve Fund except to maintain said Reserve Fund at such level. Money in the Reserve Fund shall be used • solely for the purpose of paying principal at maturity of or interest on the Bonds and Parity Bonds when insufficient money is available in the Sinking Fund. Whenever it becomes necessary to use money in the Reserve Fund, the payments into the Reserve Fund required above shall be continued or resumed until the Reserve Fund is restored to the required minimum amount. 4) Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund to be known as the Wastewater treatment Improvement Fund ("Improvement Fund"), to the extent of all remaining moneys in the Revenue Fund. The minimum amount to be deposited in the Improvement Fund each month shall be$20,000;provided, however, that when the amount of said deposits in said Improvement Fund shall equal or exceed $2,000,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money in the Improvement Fund not otherwise specially limited by other provisions of this Ordinance shall be used solely for the purpose of paying principal of or interest on the Bonds or Parity Bonds when there is insufficient money in both the Sinking Fund and the Reserve Fund; and to the extent not required for the foregoing,to pay the cost of extraordinary maintenance expenses or repairs, renewals and replacements not included in the annual budget of revenues and current expenses, payment of rentals on any part of the wastewater treatment works, payments due for any property purchased as a part of the treatment works, and for capital improvements to the treatment works. Whenever it shall become necessary to use money in the Improvement Fund, the payments required above shall be continued or resumed until the Improvement Fund is restored to the required minimum amount. 5) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the wastewater treatment works, but subordinate to the Bonds and Parity Bonds, and which have been issued for the purposes of extensions and improvements to the treatment works or to retire the Bonds or Parity Bonds in advance of maturity, or to pay for extraordinary repairs or replacements to the treatment works. 6) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Ordinance, may be used to pay for extraordinary repairs or replacements to the wastewater treatment works, or 4 9 may be used to pay or redeem the Bonds or Parity Bonds or any of them, or for any lawful purpose. Any monies transferred from the above accounts to meet revenue shortages must be returned to their respective accounts during the next fiscal year. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful portions and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication as required by law. Passed and approved this 5th ay of MARCH // gaer-e,C /,;('AYOR ATTEST: 4,. � CITY CLE K Approved by Sly Attorney's Office pweng\sewrchrg.ord -{ APPENDIX "A" TO THE SEWER USE CHARGE ORDINANCE (ACTUAL USE RATE STRUCTURE) This Appendix presents the methodology used in calculating user charge rates and illustrates the calculations followed in arriving at this year's user charges and surcharges. The unit costs established in this Appendix are based on estimates of expenses and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the unit costs must be re-established as necessary to reflect actual expenses and loadings. 1. Expenses: The total annual expenses associated with the treatment works, as defined in Section 33-45 of the Iowa City Code of Ordinances are estimated as follows: Item Annual Expense' Billing, Collection and Administration $ 251,703 Operation, Maintenance and Replacement 864,049 Debt Retirement 3,738,081 Infiltration/Inflow 465,495 Total $5,319,328 *Annual expense = annual revenue requirement 2. Allocation of Expense: The total operation, maintenance, replacement, debt service, and 40% of infiltration/inflow expense is allocated to the appropriate pollutants in the following manner: Annual Cost to Treat Flow = $3,275,328 (Including 40% of Infiltration/Inflow) Annual Cost to Treat BOD = 907,800 Annual Cost to Treat SS = 603,200 3. Loadings: The Estimated Initial Hydraulic = 336,000,000 Loading* in Cubic Feet per Year The Estimated Initial BOD = 6,800,000 Loading in Pounds per Year The Estimated Initial SS = 5,800,000 Loading in Pounds per Year *Hydraulic loading = metered potable water use it 2 4. Unit Costs: The Initial Unit Cost for Flow = $0.0097 In Dollars per Cubic Foot The Initial Unit Cost for BOD = 0.13 In Dollars per Pound The Initial Unit Cost for SS = 0.10 In Dollars per Pound 5. Fixed Fee: Annual Billing, Collection and Administration Costs = $251,703 Annual Cost to Treat = 279,297 60% of Infiltration/Inflow Total Annual Fixed Cost = 531,000 Fixed Fee per User per Month for Billing, Collection, Administration, and 60% of Infiltration/Inflow = $2.95 6. User Unit Charge: The user unit charge is calculated as follows using the pollutant concentrations defining normal domestic wastewater in Article I Section 33-42, "Definitions," of this Ordinance. User Unit Charge = (Unit Flow Charge) (100 cubic feet) + (Unit BOD Charge) (BODND) (.00624) + (Unit SS Charge) (SSND) (.00624) Where: User Unit Charge is in $/100 cubic feet, Unit Flow Charge is in $/cubic foot from paragraph 4, Unit BOD Charge is in $/pound BOD from paragraph 4, Unit SS Charge is in $/pound SS from paragraph 4, BODND is the Normal Domestic BOD strength in milligrams per liter (mg/I) as defined in Article I, Section 33-42 of this Ordinance, SSND is the Normal Domestic SS strength in milligrams per liter (mg/I) as defined in Article I, Section 33-42 of this Ordinance, 0.00624 is the Unit Conversion from (mg/I) to (pounds/100 cubic feet). 3 An example calculation of the total monthly charge for a residential user with a wastewater discharge* of 1,000 cubic feet per month (average user) follows: Total Monthly Charge = Fixed Fee + V (User Unit Charge) Where V is the volume of Wastewater Discharged in 100 cubic feet Total Monthly Charge=2.95+10[0.97+(0.13)(300)(.00624)+(0.10)(300)(.00624)] = 2.95 + (10)(1.40) = 2.95 + 14.00 = $16.95 The minimum monthly charge is$5.75 and includes the first 200 cubic feet of wastewater discharged.* *Wastewater Discharge = Metered Potable Water Use. 7. Extra Strength Users: For user who contribute wastewater having greater strength than normal domestic wastewater, the user charge will be calculated as follows: Total Monthly Charge to Extra Strength User = Charge to Residential User + Surcharge for BOD (if appropriate) + Surcharge for SS (if appropriate) Total Monthly Charge to Extra Strength User = Fixed Fee + V (User Unit Charge) + V (Unit BOD Charge) (BODES - BODND) (.00624) + V (Unit SS Charge) (SSEs - SSND)(.00624) Where: Fixed Fee is in Dollars per User per Month from paragraph 5, V is the Volume of Wastewater Discharged in 100 cubic feet, User Unit Charge is in $1100 cubic feet as calculated in paragraph 6, Unit BOD Charge is in $/pound BOD from paragraph 4, Unit SS Charge is in $/pound SS from paragraph 4, BODES is the Average BOD Concentration in mg/I contributed by the extra strength user during the month, SSES is the Average SS Concentration in mg/I contributed by the extra strength user during the month, BODND is the Normal Domestic BOD Strength in mg/I as defined in Article I, Section 33-42 of this ordinance, SSND is the Normal Domestic SS Strength in mg/I as defined in Article I, Section 33-42 of this ordinance, .00624 is the Unit Conversion from (mg/I) to (pounds/100 cubic feet). 4 4 An example calculation of the total monthly charge for an extra strength user with a wastewater discharge of 135,000 cubic feet per month, and extra strength BOD of 800 mg/I and an extra strength SS of 650 mg/I follows: Total Monthly Charge to Extra Strength User = Fixed Fee + V (User Unit Charge) + V (Unit BOD Charge) (BODES - BODND) (.00624) + V (Unit SS Charge) (SSEs - SSND)(.00624) = 2.95 + 1350[0.97 + (0.13)(300)(.00624) + (0.10)(300)(.00624)] + 1350(0.13)(800-300)(.00624) + 1350(0.10)(650-300)(.00624) = $2,736.16 Appendix ORDINANCE NO. 90-3476 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-73 THEREIN TO REVISE SEWER AND WATER CHARGES AND ESTABLISH A CHARGE FOR UNMETERED SEWER SERVICE AND FOR MANUFACTURING HOUSING PARK UNMETERED SEWER SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1, "Taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and adopting in lieu thereof a new section to read as follows: Sec. 32.1-73. Fees and Charges Authorized In Chapter 33. Municipal Code Section . Authorizing Fee, Charge, Description of Fee, Fine, or Penalty: Charge, Fine, or Penalty Charge: (a) Sec. 33-45 (a)-(f) Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft. of water used) $5/5 Monthly charge for each additional 100 cu. ft. of water used $1.40 Monthly surcharge BOD (per pound) $.13 SS (per pound) $.10 (b) Sec. 33-45(h) Unmetered user, monthly minimum $12.90 Manufactured housing park, monthly minimum per lot $12.90 (c) 33-46(h) Fee for delinquent sewer $3.00 for each water service service account account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (d) 33-48(a) Deposit fee for combined city Residential account: $50.00 per water and/or sewer and/or combined residential service for solid waste collection city water and/or sewer and/or solid accounts waste collection service It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: • x Ambrisco x Courtney x Horowitz x Kubby Larson McDonald Novick First Consideration 8/7/90 Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. Nays: None. Absent: None. Second Consideration Vote for Passage: Date published 8/29/90 Moved by Courtney, seconded by Ambrisco, 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: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: Kubby. • • 01 APPENDIX "B" TO THE USER CHARGE ORDINANCE (REPLACEMENT SCHEDULE) This Appendix contains a replacement schedule that was developed to determine the amount of revenue needed to fund the replacement account(improvement fund). The replacement schedule lists the equipment in the treatment works, the estimated dates when the equipment will have to be replaced, and the estimated cost of replacement (including an allowance for inflation) over the useful life of the treatment works. The city currently has $2,000,000 (the total cost of replacement) in the improvement fund. This fund will be maintained over the useful life of the treatment works. The replacement dates and costs shown are estimates;the actual replacement dates and costs could be significantly different from those shown. If the actual replacement expenses differ significantly from those listed in the replacement schedule, the funding of the replacement account (improvement fund) shall be adjusted accordingly. REPLACEMENT SCHEDULE Years From Treatment Replacement Account Works In Operation Replacement Item Expenditure Income Balance 20 Influent Pump Stations $531,000 $531,000 20 Aerated Grit Systems $108,000 $108,000 20 Storm Water Detention $ 83,000 $ 83,000 20 Final Clarification $201,000 $201,000 20 Primary Clarification $236,000 $236,000 20 Disinfection $133,000 $133,000 20 Sludge Treatment $332,000 $332,000 20 Secondary Treatment $369,000 $369,000 ORDINANCE NO. 91-3491 It was moved by COURTNEY and seconded by AMBRTSrn that the . Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney �— Horowitz x Kubby Larson McDonald Novick • First Consideration 2/19/91 • Vote for passage: Ayes: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration Vote for.Passage: Date published 3/13/91 Moved by Courtney, seconded by Ambrisco, that the rule requiring • ordinances to be considered and voted on for passage at two Council • meetings prior to the meeting at-which it is to be finally passed be suspended, the second consideration be waived and the ordinance be given second consideration at this time. AYES: LARSON, McDONALD, NOVICK, AMBRISCO, COURTNEY, HOROWITZ, KUBBY. NAYS: NONE. ABSENT: NONE. • • • • I i 'Rep leanew sial mean esendaurea lid 0Ewhirq --n emus of the tree bill for wastewater treatment end mews g equipment.accessories.or mpunenamxs I main dy tont30)deed aider the balling date.service 4) Mich Ire nece•sery dung the useful ie of the V•atment may be d raised oti cwang a twenty-four r re �/5-R wont o mahi•h Ins capacity and performance tor whin calendar C wrban Nab maa ch nuns a are t rintrr It't'��"-r 'O� such works were reigned W C0Ofwad. ('r'Arliddu Cun•1. mine evam such charges may beunpab during the cure period,such charges may be 'RWderere Camerae shat mean any cel of ase candled by the Coy Council and assessed pact CERTIFICATE OF PUBLICATION t°metrburinys baRMordomestcelolreal the property connectedtothewastewatertreatment estate,or butdilg le used my for domestic dwelling works andfonarded to the county audnorfor msec- STATE OF IOWA. Johnson County. ss: purposes le mandwry;"mar i•peanleive- I don In the same mannefesaproPertaxaePrrM- '$wPended Sade'shall mean the total suspendeded by Iowa let THE IOWA CITY PRESS CITIZEN rear that ether lest on the surface on or are in suspen- sion 2) Notice ton wsatelw service;hearing. nen ularlrl b war,warewmr,m oar limes,end whichS am to pay tor wetlwatr treatment aervirr and I act removable by laboratory filereg w"resorbed on Sin r dale, n unpaid thirty(30)days sew the bang dud Methods lar the Examination W Water and Waste- date,the user's rmunl shad be deemedhr astnidelinquent water'and related to as nonfilereule residue. Me ase Oatrmsme Finance mryyusr who his 'Treatment Works' shall mean any devices and to pay for the cel service b any user who net systems for therrorage,treatment,recycling,end recama- fated pay bet the wastewater treatment service 1, ten of municipal sewage, domestic sewage,or liquid suppled,alter giving the user written Noble to Cure and en opportunity for en Informal hearing before the industrial wastes. Thew incise Intercepting wastewater Sharon Stubbs, being duly sworn, say Director represents- treatments.reatments.outlet!werwrwr IreatmemT sewage collas- tale.The the atm to Cure vial b mailed by first den that I am the legal clerk of the IOWA - b rem', Inn systems,penance peat,ad mail to arced user nth less than.twenty-bur CITY PRESS-CITIZEN, a newspaper other equipment r end that. appurtenances,and crimson (24)calendar date h advance be dram/nuance at the improvements. nmedarmp, andnov seta rialtos Dace parcel, and shaft alto be posted al is published in said county, and that a thereof;elements essential to Prose a ramble soppy such r standby treatment undo and clear wallIaciuie¢; service location or an of not car then 6w(5) notice, a printed copy of which is hereto and any land or work,mJodlag re ecquinilioh M the land calendar days In advance of da=minuaou. Failure that will be an integral part of the treatment process or It to of •hearing wenn (13)calendar attached was published in said paper used for ultimate disposal of residues recuring from such days of the Notice shell be deemed a waiter M the treatment, such se end used for lip sludge, users hearing prior to disconnection. The time(s), on the following temporary emrq•Msuch mmpoa and lend lira used for the s tight b Nolte to Cure shall fuss state, h writing,erethe date(s): storage al Vetoed watlwater in land treatment systems nawnlmdemmhueddsuvb;ahall dein%the before land epplicaibn rant other mord oraMemfor soman or accounts end service location or locations preveirg,analog,reducing,coring,treating,separating. for which payment reasonable de pesdem: ,toall bernrfy lir or diposi g of weatwtler,indding waste In combined va•n ateannsuturepules rose sed amounts; / cat (� 1 q� alormwatr and sanitary wastewater treatment systems. ne2rtleNeambbMmamawMamM1deque- • 'Ueelul Lite'shall mean the estimated period Eluting cher shall identify the&snide t�ao ation 01 ocaattins tl whir service will be damn- which a treatment works will be operated. thved;and shall rate the date or date,on which the -User Charge'shelf mean that=non of the total W�-rCity sty damdhu•buy,sense wastewater scans siege whir a charged in a uniformuniform3) Diamntnua n M wastewater treatmern servs, /) atm adequate manor for Ma cast of operation.mainte- nance, button w1Na joint wastewater uetlment and wider wane,debt servo end replacement of the Iraazmem accounts. Wren a taste mune for wastewater works. treatment service a ala brag also served by City Legal Clerk 'Water Meter shall mean any water volume measur and d anen the user's Wtlnt wastewater beme K Ing and recording device,approved by or!washed and sore Is delinquent as provided in (a) shove. Installed by or under Na supervision of the City of Iowa wrnwatrunmentsrvice maybe discontinued by Cis, Subscribed and sworn to before me Sedans 3343 through 344. Reserved. the Cry's cessation o water service at that location.Ceaeatonol weer erre may,at the Gra option. ARTICLE II ' be marrptehed by shutting all the service water RATES AND CHARGES valve at the stop box,d rateable,or removal of the r1 — p^� A.D. Sea r33-45. Funding to Generate Adequate Revenue, users meta The City rag have umeetrbued this .4v day of (��V Theuserage system she generate adequate revenues atom to each valves and meters for the purposes to Par r apedfed herein,regardless M whether lane devices I) Coen M blllhg,cotection,end adminwtratbnexper- are located N Craw rghlaf-wry,C%easement, 1997 on In keeping with a lana4erm City polity,Including or b or m the property at Mr user. a minimum water usage fee. 4) Discontinuance of wastewater treatment service; a 2) Case M annual operation and maintenance of locations Yeah wastewater treatment amen only. ie all Costa ea works, wiIncludingth replacement, When a user's account b bi wastewater treatment —I'J"y . �-4 3) Core associated esus ro Outstanding treatment bond service Is served only by water wastewater treatment retirement for O Ein now pLsteride redding terve, but not by My service, and said Notary Public payments to I Mang, revenue,esdpnetiatoe irstwwrurder batmen service on(a) extension,rdaprovememlundang established Crus.reatwatr treatment ser bs may,at the MARGARET RIGS mdlmncgemrnMmbnerIated wg.rrbonds; Gry'e user's Mdbmmintedrmnt Sevice nrom 4) Wien required,men aswd with u rued innt of the reds werewur treatment eras fes from a,.a n wuhertlr treatment bond'to be luued the the Cr'.wastewater main. m by plugging said +, . . p(or future. menta line.The Cr eta have unrestricted access 6) Cir snorted with the Cr's wastewater pretreat- to WI wastewater treatment service connections for mal pagria the purposesspwfied herein,regardless of whether Sec 39-4a. Criers. way, connections ars Ionated in Cr street ngNaf- way,C%easement,or in or on the property M.Ihe 321-13 ChargesSection the Cry Code of&dierma Each user OFFICIAL PUBLICATIONshall 51 DiscontinuanceDiscontinuanceof wastewater treatment tierce; ler the sabres pored by the Cay bred on the urs users with muhple accounts at multiple rtes. Not- use of the treatment works as determined by water meter(s) withstanding(3)rd en(4)above,when Individual ORDENANCE NO. 91-]691 which are acceptable to the City.'User rages shall be base uses is bilked under two(2)orw moreaccounts Ice WASTEWATER CH TREATMENT WORKS on actualwater used during the billing-period.ail II actualpriorwater rte servicervic treatment use d lea(2)nt more msopa. USER CHARGE ORDINANCE cave not . New Customer.sur. al a s burg an ace Ieia t a a delkgdw psi the Iii waterse mage. New ndCha have a iDe tbased on semis provided at any or or more di co said AN OEM TO PROVIDE FUNDS NEE ER TO PAY an rimer determined by the Cr Finance Department Users Inutbna shell wastewater mar tri bast%to dramnua FOR AU TO PENS SE TEDDWIOWA rad peyfmwwSwtlrbeatmemawiceeprovged,es(dbws. urvietlalss otreatmentthebcarna'entrap FORITAU-EXPENSESASSOCIATED WITHORKS I) Basic Same the user,regrdets M whether accounts ler use CITY'S WASTEWATER TREATMENT WORKS. e) A moim um monthy Gunge,which includes at such other rare w delinquent. WHEREAS,the City of bee C%,Iw�knee printery I) A fixed fee Ir Nluna,collection,!bra et- 8) Restoration of service;Ice and changes. Upon trema and 60%of infibatlgVintOw ex- payment M all delinquent eterwastewater treatment accepted offers of grenhnEP)for the United Stara Enema- peon. service ter and an wider service fees,where ear. mentaloals olon Agency(EPA), r reimbursement of a portion ii) A user charge for two hundred(200)cubic cable,one also upon payment M a service charges M the costs Of Planning,design,and construction of a waste- feet of water usage, as hereafter provided,the Cry shall cause d, were war treatment works;and wrtew esttreatment servo to be restored. Auer WHEREAS,Ms C%mug pay an expenses assorted aidr b) A user charge Ice all water used in excess of wnrawrtwatrtreeune s service is be restored with said treatment works rd charge the uses al sub beef- Ice hundred(200)cubic few par month. by restoring wear wan shad pay the carding M mem worldaAS,bye ;ad The user charge a for ones alien and maintenance of for shutoff authorized by S the 33-169(c)andw WHEREAS,by accepting said gardoff etc (220)replacement, forth eyrem to pay eery expansion W debt service,plus 40%al Infiba- Ordinances. at said expense.,and further agreed that sag uta charge taMnlbw expense. A user whose wastewater treatment service is system.would.follow U.S.Environmental Protection Agent' 2) Extra Strength Wastes. A monthly surcharge for to be restored by reconnection of the user's wee. gui elrneer r approved by the Iowa D•panment of Natural those users who mrribute an 'water having a water sent line,or removal of the plug therefrom, Resources;and strength which a greater than normal domestic rad pay es a service Marge the Crtwual corm WHEREAS,the componential said retriever trwmem viastewater,t,as destined herrn. user wsabg the service line or lines involved The wars w twerp an ordietrn:and 3) Toxic Wastes. A monthly surcharge tor those wen user will be credda or bided for the demo WHEREAS, ominous must be submitted m the Iowa who derange any toxic pollutants which cause between the estimated ad actual cost M ratan. Department of Natural Resources to assure timely payment al Increase In Is cost be prohibited managing the treatment oration or ug. reimbursements fromhob grants- for wastewater treatment works. or which causea increases In the cost of Retell be prohibit for any person to restoreor works prolene, n, maintenance, or replacement of the attempt to restore wastewater teemed service ate NOW,THEREFORE,BE ORDAINED BY THE CITY treatment works, or whir must be regulated or location where wwiwtlr treatment service has COUNCIL OF THE CITY OF IOWA CITY,IOWA: limited to protect effluent or sludge quality. boon discontinued by the Ciry, without express SECTION t Chapter 33,Article Int Division 3 of the Code 4) Appliuhlay olthe Schedule es. The user charge rates written authorization from the Cr. M Ordinancespeaof the CM el Iowa Cr.Iowa,o hereby amended established a the Schedule M Fra,Section 32,1.73 Al)payments required to restore the uses y reran a nrtr 33,newand Min II,Division 31n ns.entirely e Iowa City Code Omlrto naeg,applyall wastewater vestment ment service that be In the norm enacting b leen thereof a new Chapter 33,Mete II,Orrin 3 users al the Ca/s treatment weir,regardless M the cash money Draw,or a wrir'¢chem to sudaed and to read as IoTW N-ronal eW emu¢ad seem. ]I LAM. hedepro'the shave,the Cr shell have• WASTEWATER TREATMENT WORKS USER CHARGE 5) Water w umet w e hto Snem. If any user of lien upon the property al any carr of propendeat ORDINANCE waft useumea water .Ir ase purpose whsle does who hr falba to pay for wastewater treatment GENELERA I cel oftnt discharge;can s e mnury wauwatn service supplied. Mar written notice and public GENERAL treatment eyrem,and a,r established by a sopa- hearing, the City shall adopt by resolution said SK 33-41 Purpose. us the meter inward and water can by such Henle),arid the City lerk shell the S amount M It le determined and declared to be necessary and sur,eat 4 d sppro ed at the sutler sun s dvent the ten and file the same with Ib County Auditor conducive to the protection M the pubic tohealth,cat,safety,were mined,seg d approved a Ne the Nen m that eat Such lien shall attach b the properly receiving and convenience of the Cys lows Cr cord charges from m yerpe snag a mate on the bssle al weer be the o treatment service upon can:beaten by all were who contribute wastewater to the City's wastewater sir=teat. Rrdrdal m+uoWw sew rs the Cr Coumt anded e M the Oen wnh the County treatment works. The proceeds of such charges so derived wilt rowed MIs ippon, unless approved by the City Aditor. Lone perfected in the manner she be be used any for the purposes at operant,such wastewater Finance Daps:Mem. nw sed against the proper to the extent of the replacement expansion and debt service lar wastwatr Si Wafer Discharge!into System from Prate Source. balance due In the City for wesawatr treatment treatment works. This 01 Ordinance shall tat actsb twee flyer II any Person aha discharge water Int:the City Sennas supplied and coos enforced u in perfecting such anytime or conditions M gnememe r sonars helwrn the sentry wastewater treatment system tram private Ilei.B time the lion en bedee lilpayment full, C%and owe M the wastewater treatment works which w wile ay sources the 0m the Coy wwr at tiro at which time the Ian aha be deemed satisfied,and Inconsistent with Sectionre Menti)(1NA)of the.seen Water Act the Cy BALI Mw tis rgbt to Ira a nW w at Me the City shall et the edgeAuditor satisfaction thereof and and the corresponding reguatbn. owner an arum's•venae to measure such lbw, file a release wen the County Auditor. Hwrwr,any Sic.33.42. Definition. or the Cr may elect to tree whatever means sate- rental property owner or manager who Oma to Defrnibne w forth b the Chapter al be applicable to factory to the Cry for determining sewage treatment the Cay,mwriting.numbename end lommner address the Orion. in addition, unlace the =Melt this Oar chwpr. and telephone number(it known)of former tenants Ind/Cates otherwise,the meaning of terms used in this Ord!- Sq.33d]. BAfog Prontlurr,COIIMrrI Procedures,Delia who have Mated the premises where wastewater mince be as follows: Pent Accounts. treatment bile are past due,delinquent and unpaid. 'Biochemical Oxygen Demand'rBOD-)shall mean 1) Billing frequency.delinquent accounts. All users then in that event the Cry shall forbear thing the Ian the quantity al oxygen Lathed In the biochemicalducIn shall be billed either monthly br onevery other provided hUmbra.ro this On: of organic matter under standard laboratory procedure •h s month. Billings for any particular period shall be sl. Fee Ion uthent accounts. The City Director of five(5)days at 20'Centgrade,.expressed a milligrams Farce S a authorized to charge a lee for delinquent Per cel Veli4wastewater Ue tmem service accounts.The amount •ImeratuMnflwr colli ghat mean dear,unpolluted meted to users waw they(30)days der the segof such as cain m the fee snarl bet bSchedule of waterMich enters the collection system from the ground to biting parr. Payments we due as.of the date Fees, SWUM 321-73 of the Iowa Cr Code of or uncontrollable le sources, the Marge we mated,which date aha he the billing Ordinances. Wastewater treatment service to a 'Nnmel Domestic ncenewater sna8 mer wane- date. If lull payment of the amount billed u not property which has been discontinued pursuant to wear that BOO concentration M not mare than 300 received within Mean(15)calendar days after the the Division may be resumed,provided the'the user mgAsuspended solids concentration of nM more bang date,the user's account shall be considered or proper owner pays the tlesinquenl amount plus Men 500ac e e mga, delinquent. an additional tees and charges. Wastewater treat, 'Dpraon and Maintenance-eramean at expemlr AI locations where Cirywastewater and water mem serviee to rental properties hall be resumed turas during the trait ie of the rarer*works Ior lairs a am being provided,the user's en shall formerly regardless of whether persons hying or neomateriels,errob Nis,ngend rah other Germ whir bred am mewed as•single Combined account. occupying the premier have pad all wwwater we Itecrewe for managing atm mrmahig Ice Vubnent M the event se e delinquency In payment for ear treatment rills provided however that di sir pr- ' wart to adder rho wadyandperlmndnce for which wsrewwer service on water sante, subsequent sons have vacated the pemaw,uwreid in writing ria,ways Yate reigned and mtrruWd. payments that be seder Iba110 the delinquent Mu by the rental property owner or manager. r baa.and then to the arrest billing. _- __- _ U/C/ - 7/ — Y7/ 0(0 17 (0 Regulione regarding billing and maintenance — of wastewater trWmerd service account SECTION 2. SEVERABILITY. X my of the provision¢W re- cords. Tree City Meow d Finance is Liam- , she Ordnance ere for cry lemon tlxaredSegal or won,men rib to adopt end promulgate Mee end regua- r ,the tautul Provibn of t e Ordinance ere deemed for enable tans not Inconsistent with the chapter regarding Irom said unlawful ponwme and alias remain in lull force and Nang procedures for Wastewater treatment eMesh the earns as If the Ordinance comainq no illegal or won ' service eomunte. maintenanceof amount proviebns. records, and flection procedures for such SECTION 3. REPEALER All ordinances or pane of • aco me Sec.334a, Ra1 ordnan en in mngkh whin Ide provisions m tke ONlnanco are , The C Changes to Rates_Radia lion. hereby rep Wed. M snag review the liar charge system and navies SECTION a.EFFECTIVE CATS.Thu ptltance ahalhb user charge rates as necessary to Insure that the geneses adequate rennin'tosystem b fugcora and etesh Imm end alter its final Passage and maimena ce inducting replacement,the necessa of xpan ion end pun rquirtl by law. debt aervme,and that the system continues to expanse ion and Passed and approved Ike he uniform digrfutbn of operation and maintenanceproamonglan / uses,including replacement mats.The Cty will ennusly,notfy •/ /� all users,in conjunction with a regular bill,of wastewaterrg• treatment charges,end that portion of the user's but attributable r'OR to wastewater treatment services. Section 3349. Reserved. III •LE APPLICATIONCOF REVENUES e.,.)- /1• oAn) • d Sec.33-50. Revenue Fe . ATTEST:- The entire Income and racemes of the wastewater __ CITYC- L K _ __ -- _ - Ireamerd wad,shall be depoened,as collected,In a fund to be known as the wastewater treatment revenue fund,and than bo disbursed ahlyesiolowst —_ App Ean d I3.c A-1 _ 1) Operation and Maintenance Fund. Money In the Revenue Fund shag Net be disbursed to make deposits into a separate and special fund to pay ORDINANCE N0-90-3476 current expenses The fund shag be known as the Wastewater Treatment Operation and Maintenance AN ORDINANCE AMENDING CHAPTER 321,ENTITLED'TAXATION AND REVENUES.'OF THE Fund (the 'Operation and Maintenance Fund'). CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA,'BYAMENDING SECTION 32.1-73 There shag be deposted'in the Operalbn and THEREIN TO REVISE SEWER AND WATER CHARGES AND ESTABLISH A CHARGE.FOR Maintenance Fund each moehen amount sufficient UNMETERED SEWER SERVICE AND FOR MANUFACTURING HOUSING PARK UNMETERED tomeat the current expenses of the-month plus an amount equal to 1/12th of expanses payable on an SEWER SERVICES. annual bash,such a.Insurance. Atter the first day • of the month,further deposits may be made from then BE fT ORDAINED BY THE CRY COUNCIL.OF THE CITY OF IOWA CD'?,IOWA: Revenue Fund to tole account,.to the extent neon. easy to pay current expenses re non and payable, extentend to the extentwe that funds notavailable et the SECTION I. That Chapter 32.1,'Taxation and Revenues;of the Code of Ordinances of the City Surplus Fundof Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and 2) Sikdrg Fund. Money In the Revenue Fund shah adopting In lieu thereof a now section to read as follows:, next be disbursed to make deposits into a seperato and special fund to pay pnindpal of and Interest on Sec.32.1-73. Fees end Charges Authorized In Chapter 33. she Bonds and Puny Bonds. The fund Shan be known es the Wastewater Treatment Revenue Bond and Interest Sinking Fund'Sinking Fund'). The Municipal Code Section • minimum amount to be deposited In Me Sinking Fled Authorizing Fee,Charge, Description of Fee, In any month that been amount equal Co 1/6th of P • Ina installment•intens Deming.due on the nes Fine,or Penalty: Charge,Fine,or Penalty Charge: Interest payment date on the then-outstanding Bonds and Parity fiords,pis 1i121h of-the installment (a) installment of (� principal coming due on 81.43 Bends.on the nes Sec.33-45 a- Sewer Service Charges; - succeeding principal payment date, mall the lure Minimum monthly charge mall amount of such Instalment for both Interest and (Includes the first 200 bprtncpati on hand,Money In the Sinking Fund shag cu.h,of water used) $5.75 e used solely or the purpose of paying pampa!of and interest on the Bonds and Party Bards,a the urns shag become due and payable. Monthly charge for each 3) Reserve Fund. Money In o Revenue Fund shag additional 100 cu.N. t ad be disbursed to maintain a debt sella reserve of water used $1,40 In en amount equal to at least the lesser of 1)the maximum amount of princga and Interest coming due on the Bonds and Parity Bonds In any seamed- Monthly surcharge Ina fical year; or 2)Mean,(15)percent of the principal mou Bonds outstand tansSuch turd ahs ill beof known aa the Waavewaat ry re SOD(per pound) $13 treatment Revenue Debt Service Reserve Fund SS(per pound) 5.10 (•write Fund'). The Reserve.Fund shall be Iusy Iundid n the requited*mourn front proceeds of the (b) Sec.33-45(h) Unmetered user,monthly Bonds. If h Is necessary to repi neM the Resents ' minimum Fund,in ea h month there shall be deposited:In the $12.90 Reserve Fund an emdunt equal to 25%of the month. ly amount required by this Ordinance to be deposited Manufactured housing In the Sitting Fund;provaed.however,that when perpark, the annum on deposit in the Reserve Fad shag be • monthly minimum lot $12.90 not less than the minimum required above,no lusher deposits need be,mrde into the Reserve Fund (e) 33-46(h) Fee for delinquent sewer $3.00 for each water service except to maintain eai Reserve Fund a smh level. service account account not paid within 30 days Money In the Reserve Fund shall be used solely for the:eufpose of paying principal at matudry of or - of billing dale. ine'I9 waived for Intereston the Bonds andPeedyBonds when Insult I. aI occurrence 10 each calendar cant money Is available In the SinkingFund.Fund.When- year. ever it become%necessary to use money in the • Reserve Fwd,Na P.Ymanta into the Reserve Fund d 33-08 a required above shaft be continued m resumed until O O Deposit fee Ior combined city Residential account:dentiservice per the Reserve Fund n record m the required coni. water and/or sewer and/or combined residential service.for • mum amount. solid waste collection oty water niton sewer and/or sad 4) Improvement disbursedsb. Money In the RevenuefFundtaccounts waste collection service snow next be Wastewater to maintain a fund to be -known es the Wstn treatment Improvement at ____— ' Fund (Improvement Fund'), to the extent of sin —T' remaining moneys In the Reveal Fund. The _ minimum amount to be depoNted in the Improvement 4• Unit Costs: Fund each month Nag be 520.000;provided,howev- er,that when the amount of sad deposna in said The Initial Unit Cost for Flow= Improvement Fund shall equal or exceed S2,Wo 000In Dollars per Cubic Foot 50.0097 no Iurlher monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money In the Improvement Fund not otherwise • The Initial Unit Cost for BOD a 0.13 epedegy limited by other provisions of Chia Ordinance In Dollars per.Pound shall be used solely Int the purpose of paying wind- , p3-of or interest on the Bonds or Parity Bonds when The Initial Unit Cost for SS= there is insult intent money In both the Sinking Fund 0.10 end the Reserve Fund;and to the extent cot requiredIn Dollars per Pound for the foregoing,to pay the mat of extraordinary maintenance expense* or repairs, renewal and 5. Fixed Fee: replacements rot included In the annual budget of revenues atm current expenses.payment of rentals ' on any pan of the wastewater treatment works, Annual Billing,CoIIecI100•and AdRiini5tra1100 payments due for any propertypurchased as a par Costs= $251,703 of the treatment works.and for motel Improvements to the treatment wods. Whenever a shall.become Annual Cost to Treat. necessary to use money In the Improvement Fund, 60%of Infiltration/Inflow279,297 the payments required above shall be continued or ' resumed uma the Improvement Fund is restored to Lite required minimum amount. Total Annual Fixed Cost w 531,000 51 Subordinate Obligations. Money in the Revenue • Fund may next be used to pay principal of and ' Fixed Interest on(including res.onabia reserves therefor) Cote Fee per User peon, for-Billing,a any other obligation'which by their terms shut'be Collection.,Administration,and 60%.of payable from Ne revenues of the wastewater treat- Infiltratlon/Infiow= $2.95 meat woks, subbeat ut ubordinate to the Bonds and Parry. Sonde,erdwsveben blued Isla purposes ' 6. User Unit Charge: The user unit charge is calculated as follows using the pollutant of extensions end Improvementto the treatment concentrations denting normal domestic wastewater in Article I Section 3342, worn on to retire the Bonds or Panty Bonds In "Definitions,'of this Ordinance. advance of maturity, or to pay for extaordmary repairs or replacements to the treatment works. 8) Surplus Revenue.All mon•Y thereafter remaining in User-Unit Charge= (Unit Flow Charge) (100 cubic feet) + (Unit BOD Charge) the-Revenue Fund at the close of each month-may • (BODE)(.00624)+(Unit SS Charge)(53a0)(.00624) be departed In any of the lurch created by the Ordinance,may be used to pay for eureordesry repairs or replacements to the wastewater treatmentWhere: works.or may be used m pay or redeem the BandaUser Unit Charge is in$/100 cubic feet, or Pansy Bonds or any of them,or for any lawful Unit Flow Charge is In$/cubic toot from paragraph 4, Purports- Unit BOD Charge is In 5/pound BOD from paragraph 4, My monies tranamrred from the above ac Unit SS Charge Is In 5/pound 5S from paragraph 4, counts to mel revenue shortages must breturned to their respective amounts during the next fiscal - - • BOD•q is the Normal Domestic BOD strength in milligrams per titer(rtgA) as defined in Article I,Section 3342 of this Ordinance, • • SSkd is the Normal Domestic SS strength in milligrams per filer(mgA)as defined In Article I,Section 33-42 of this Ordinance. ...1 •'r - // ,J 7// 3�y 0.00624 is the Unit Conversion from Ong/1)to(pounds/100 cubic feet). An example calculation of the total monthly charge for a residential user with a wastewater discharge*or 1.000 cubic feet per month(average user)follows: Total Monthly Charge=Fixed Fee+V(User Unit Charge) Where V is the volume of Wastewater Discharged in 100 cubic,feet Total Monthly Charge-245+10[0.97+(0.13)(300)(00624)+(0.10)(300)(.00624)1 =2.95+(10)(1.40) =2.95+14.00 $16.95 The minimum,monthlycharge Is$5.75 and includes the first 200 cubic feet of wastewater discharged' 'Wastewater Discharge= Metered Potable Water Use. 7. Extra Strength Users: For user who contribute wastewater having greater strength,than normal domestic wastewater,the user charge will be calculated as follows: Total Monthly Charge to Extra Strength User=Charge to Residential User+ Surcharge for BOD:(If appropriate)+Surcharge for S5(if appropriate) Total Monthly Charge to Extra Strength User=Fixed Fee+V(User Unit Charge) S V(Unit BOD Charge)(BOD,,-BOD„,)(.00624)+V(Unit SS Charge)(SS„- Where: Fixed,Fee.Is in Dollars per User per Month from paragraph 5, Vfs the Volume of Wastewater Discharged in 100 cubic feel User Unit Charge is.in$/100 cubic feet as calculated in paragraph 6, Unit BOD Charge is In$/pourxi BOD from paragraph 4, • Unit SS Charge is in.$/pound SS from paragraph 4, useis tithes moAveragee BOO Concentration in contributed by the extra strength SSE,is the Average SS Concentration in mg/I contributed by the extra strength user during the month, BOD,„is the Normal Domestic BOD Strength in Section 33-42 of this ordinance, mg/I as defined In Article I, r ' SS„Is the Normal Domestic 5S Strength in men as defined in Article I,Section 33-42.of this ordinance, .00624 is the Unit Conversion from(mg4)to(pounds/100 cubic feet). An example calculation of the total monthly charge for an extra strength user with a wastewater discharge of 135,000 cubic feet per month,and extra strength BOD of 800 mgn and anextra strength SS of 650 mg/I follows: Total Monthly Charge to Extra Strength User=Fixed Fee+V(User Unit Charge)' + �(nit O'Charge)(BODe •BOD,,,)(.00624)+V(Unit SS Charge)(SSr, 2 13 00624 .+1350(0.13)(8004300)(00624)+01350(0.124)+(0)(650-33000)(.00624) -$2,736.16 APPENDIX"A"TO.THE SEWER.USE CHARGE ORDINANCE (ACTUAL USE RATE STRUCTURE) } i This Appendix presents the methodology used in calculating user charge rates and illustrates the calculations followed in arriving at this year's user charges and surcharges. The unit costs established in this Appendix are based on estimates of expenses and loadings. The actual expensesand'loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore,,the unit costs must be reestablished':as necessary to reflect actual expenses and loadings. 1. Expenses: The total annual expenses associated with the treatment works,as dented in Section 33-45 of the Iowa City Code of Ordinances are estimated as fotows:' Item Annual Expense' • Billing,Collection and Administration $ 251,703 Operation,Maintenance and Replacement 864,049 Debt.Retirement Infiltration/Inflow - 3,738,081 Total 465,495 $5,319,328 'Annual:expense=annual revenue requirement 2. Allocation of Expense: The..total operation,maintenance,replacement,debt service, and 40%of Infiltretiormnflow expense isallocated to the appropriate pollutants.In the following manner: Annual Cost to Treat Flow.= $3,275.328 (Inducting 40%of Infiltration/Inflow) • Annual Cost to Treat BOD= 907,800 Annual Cost to Treat.SS.= 603,200 3. Loadings: The Estimated Initial Hydraulic= 336.000,000 Loading*in Cubic Feet per Year • The Estimated Initial BOD= 6400,000 Loading in.Pounds per Year • The Estimated Initial SS= 5,800,000 Loading in Pounds per Year • Hydraulic loading=metered potable water use 1 7 ORDINANCE NO. 91-3492 AN ORDINANCE AMENDING CHAPTER 33, ARTICLE II, DIVISION 3, "WASTEWATER TREATMENT WORKS USER CHARGE ORDINANCE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 33-48 AND 33-49. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 33, Article II, Division 3 of the Iowa City Code of Ordinances should be and is hereby amended by repealing Sections 33-48 and 33-49 in their entirety and enacting in lieu thereof new Sections 33-48 and 33-49 to be codified and to read as follows: Sec. 33-48. Deposit upon establishment of account;deposit upon delinquency of account. 1) Upon initial establishment of a residential water service account, a residential sewer service account, and a residential solid waste collection account, or any of these, or upon reestablishment of such accounts with the city, the user establishing the account shall first execute a written service agreement with the city, and shall also make a combined account deposit before commencement of city services. The amount of the deposit shall be as provided in the Schedule of Fees, Section 32.1-73. 2) Upon initial establishment of a commercial water service account or a commercial sewer service account, or either of these, the user establishing the account shall first execute a written service agreement with the city, and shall also make a combined account deposit before commencement of city services. The amount of the deposit shall be as provided in the Schedule of Fees, Section 32.1-73. Deposits shall be held by the city either until three (3) calendar years after establishment of the account, or until service is terminated and the account closed, whichever occurs first. At that time,the amount of the deposit shall first be credited to any unpaid balance of the user's account. Any excess deposit shall then be released to the user. 3) A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, and/or residential solid waste collection account. Upon the occurrence of a delinquent water service account, sewer service account and/or residential solid waste collection account resulting in a second delinquency charge in one (1) calendar year, the user shall be required to make a combined account deposit which is equal to the average two-month billing for the delinquent account. The average two-month billing shall be based upon the actual billings during the prior twelve- month period. If the user already has a combined deposit being held, that deposit shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one (1) calendar year after the establishment date or one (1) calendar year after the last occurrence of a charge for a delinquent account, whichever occurs last At the time service is terminated and the account is closed, the delinquency deposit shall first be credited to any unpaid balance of the user's account. Any excess deposit shall then be released to the user. Sec. 33-49. Review; Changes to Rates; Notification. The City shall review the user charge system and revise user charge rates as necessary to insure that the system generates adequate revenues to pay the costs of operation and maintenance,including replacement, necessary expansion and debt service, and that the system continues to provide for the uniform distribution of operation and maintenance among all users,including replacement costs. The City will annually notify all users, in conjunction with a regular bill, of the wastewater treatment charges,and that portion of the user's bill attrbutable to wastewater treatment services. SECTION II. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from • said unlawful provisions, and shall remain in full force and effect,the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. Passed and approved this 2nd day of April / 'Pac'eQ /'AYOR ATTEST: .fl((aua.J W 9� � CITY CLERK • Approved by Cr Attorney's Office pwerg4uerchrg.ord V I fiC Ordinance as read be adopted, and upon�rollwcall there were: y al. y AYES: NAYS: ABSENT: Ambrisco Courtney x Horowitz x Kubby • x Larson x McDonald x Novick First Consideration 3/25/91 Vote for passage: AYES: COURTNEY, HOROWITZ, KUBBY, LARSON, McDONALD, NOVICK. NAYS: NONE. ABSENT: AMBRISCO Second Consideration Vote for Passage: Date published 4/10/91 Moved by Courtney, seconded by Ambrisco, 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: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None ABESENT: None / . .---,1 4 ae ( „.„,...,_,....... ,44. . , CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3492 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of Apri 1 , 19 91 , all as the same appears of record in my office 1n d1 published in the Iowa City Press-Citizen on the 10th day of April , Dated at Iowa City, Iowa, this 10th day of May , 19 91 ja- Aet(Kna.)0 Sue Johan es Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. `dkf�47�i PHONE (319) 356-5000 IOWA CITY IOWA 522a0-1826 . .� FAX(319) 356-5009 lih'for U w // v 7/4 OFFICIAL PUBLICATION ORDINANCE NO. 91-3492 AN ORDINANCE AMENDING CHAPTER 33 ARTICLE II. DIVISION 3,'WASTEWATER TREATMENT WORKS USER CHARGE ORDINANCE;OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. IOWA. BY AMENDING SECTIONS 33-48 AND 33-49. NOW, THEREFORE. BE IT ORDAINED BY THE LITY COUNCIL OF THE CITY OF IOWA CITY;IOWA: SECTION I. Chapter 33,Ankle II.Divicion 3 of the Iowa Clly Cade el Ordinances should be and le iambi warded by repealing Sections 33-48 and 33-49 in they entirely and enacting In lieu thereof new Sections 33-48 and 33-40 to be codified and to dead ea follows: Sec 33-48. Deposit upon establishment of count;deposit upon delinquency of swum. 1) Upon lnhilestat slmentofaresdemal water service account,a residential sewer servos account,and a residential sold waste collection mum.or any of 7 these,or upon reestablishment of such V ums with Printer s fee s �( the city,the user establishing the mum shall first eaeade a written service agreement with the city,and chat also make a combined a®um deposit before CERTIFICATE OF PUBLICATION . commencement ofcity services. The amount ofthe deposit Mall be as prodded In the Schedule of Fees, STATE OF IOWA. Johnson Count ss: samian32.1-73. y• 2) Upon Initial establishment d a commercial,water smite mum or a commode! sewer servo THE IOWA CITY PRESS-CITIZEN account,or either of these,the user establishing the 1 acccom shat first execute a written servo agreement with the city,and shall also make a combined account deposit before commencement of city services. The amount of the deposit shall be as Dmvided In the Schedule of Feee,'Sedion321-71. I, Deposits shag be held by the city anther until three (3)calendar yearsafter establishment of the count, Sharon Stubbs, being duly sworn, say or Lund serwa a laminated and the count clotted. that I am the legal clerk of the IOWA deheisuatd tomwdiposhagrstbecreeaaab .�a CITY PRESS-CITIZEN, a newspaper theaters account My excessdspsg Mat then be released to the user. published in said county, and that a 3) Adetrquency deposit maybe charged upon repeated delinquency cd any waler servo account, s` notice, a printed copy of which is hereto sante td m, and/or residential sold waste attachedpaper -was published in saidcollection amount. m amount. Upon the xwr of a delinquent water serving court sewer service time(s), on the following account and/or residential sold wast. collection account resulting In a second delinquency charge in date(s): one(1)calendar year,the user shall be required to make a combined account deposit whish is equal to 1 D / / the averageT two-month billing for the delinquent e amount. The average two-month bialy li ql be �"n 1p' / I based upon the actual bNvps during the prior twelve, IJ month period. II the user already has a combined deposit being held,that deposit anise be increased to the properamount for a deposit e "itDelinquency depesite Mall be held either one(1) calendar year eller the establishment date i one D I calendar year after Me test occurrence of eclurge to a delinquent amount whichever occurs teat Al the Legal Clerk time service lterminated end the account isclosed. 1 the delinquency depot.shell first be credad is any unpaid balance of the uses acetum. My men deposit Mag then be released to the ser. Subscribed and sworn to before me Sec 33-49. Review;Changes to Rosas;Nototsn. The City Mag rectos the user charge system end nate user L/�����yyy ��- charge rates as necessary to Insure that the system penenlea this 7_ day of_J_iA al: . A.I . adequatem revenues pay the mma u al operation and 41 maintenance,including replacement,necessary ecowrtin and debt service,end that the system continuos to provide lone unicorn Gsribilen of mama:n and maintenance among all 19g4_. uses,Including replacement costs.The City will annually notify d users,In conluncticn whit a regular NIL d oro wamewater treatment charges.and that portion of the uses bit aerblable 6/0iteept0.61' }p to SwuNal, maimed servant. ECTIOON II, SEVERABILITY. 8 any I the or rid this Ordinance are 101r any reason declared wegal or od,then the Notary Public lawfulprovisions or that\ra deemed se errMa from said end shell provisions.end shell remain In full fora and e ffect,the same as II the Ordinance contained no deed or void provisions. s MARGARET RIGS SECTION III. REPEALER. Al ordinances or pus of -4, ordinances In conflict with the prevision d this Ordnance are ed. Q , . - hereby E ON IV.I EFFECTIVE DATE. This Ordinance shall be in. fug force end effect from and after Si Iinsl passage and publication.as provided by and Ap law.2nd day of Anil Passed approved this — TOR ATTEST: 7y, ) e) CITY CL�ntc 02000 April 10,1991 2 ORDINANCE NO. 91-3493 ORDINANCE AMENDING CHAPTER 32.1, ENTITLED 'TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-65 TO REVISE CERTAIN FEES FOR THE RESERVATION, RENTAL AND USE OF PARKS AND RECREATION FACILITIES AND EQUIPMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1, "Taxation and Revenues"of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-65, and adopting in lieu thereof a new section to read as follows: Sec. 32.1-65. Fees and Charges Authorized in Chapter 25. Municipal Code Section Authorizing Fee, Charge, Fine or Description of Fee, Penalty: Charge, Fine or Penalty: Charge: (a) Sec. 25-37. Fees for reservation or rental of facilities or equipment: 1. Garden plots $8.00/season 2. Social hall $25.00/usage(3 hr.max.) 3. Meeting rooms $5.00/usage (3 hr. max.) 4. Craft room $5.00/usage(3 hr. max.) 5. Dark room $ 6.00/2 hrs. 6. Potter's Studio $24.00/season+clay fee 7. Pools: Rec Center & City Park $25.00/hr. (2 hr. min.) + staff costs Mercer Park Aquatic Ctr. $75.00/hr. (2 hr. min.) + staff costs 8. Gymnasium Half court $12.50/hr. + staff costs Full court $25.00/hr. + staff costs 9. Coin-operated lockers $0.10 to$0.50 daily, $2.00 monthly,$10.00 for 6 months 10. Farmer's Market stall reservation: Single market $ 6.00 Season reservation $ 4.60/market day All prices include$1.00 per market advertising fee. 11. Softball/Baseball field reservation: Without lights $ 6.00/2 hrs. With lights $18.00/2 hrs. Ordinance No. 91-3493 Page 2 12. Park shatter reservation: Fee* Shelter (5 hrs. or less) City Park: #1 $7.00 #2 16.00 #3 16.00 #5 7.00 #10 7.00 #11 (entire shelter) 26.00 #11 (large section) 16.00 #11 (small section) 10.00 #12 7.00 #13 (enclosed) 20.00 #14 7.00 #15 7.00 #16 16.00 #17 7.00 Other parks: Brookland $5.00 Court Hill #1 5.00 Court Hill #2 5.00 Court Hill #3 5.00 Court Hill #4 5.00 Crandic 7.00 Creekside 7.00 Happy Hollow 10.00 Hickory Hill, North 12.00 Hickory Hill, South 10.00 Mercer 12.00 North Market Square 5.00 Oak Grove 4.00 Pheasant Hill 4.00 Reno Street 4.00 Sturgis Ferry #1 4.00 Sturgis Ferry #2 4.00 Terrell Mill 5.00 Villa 4.00 Wetherby 10.00 Willow Creek 12.00 *For reservations more than 5 hours, fee will be double. Shelters may be used free of charge without reservation, if available. Users may also be charged an additional amount to cover employee wages, including overtime, for supervision or clean-up of the facility. 9 Ordinance No. 91-3493 Page 3 (b) Sec. 25-37. Fees for use of recreational facilities: 1. Racquetball court $2.50/hr. 2. Swimming pools: Daily Admissions Youth Adult (3-15 yrs.)(16 yrs.+) All city pools $ 1.00 $ 1.50 20-punch swim card (20 admissions) 17.00 25.50 Children under 3 years of age are admitted free. Swim Passes* Annual Summer Family (max. of 4 people) $163.00 $90.00 Adult 90.00 50.00 Youth 73.00 40.00 Each additional family member 20.00 10.00 Prorated fees are available at certain times during the fiscal year. 'Non-residents of Iowa City, add 50 percent. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for arty reason declared Illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect,the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication by law. Passed and approved this 2nd day of April cfc /'�•YOR /J ATTEST: 0.44 -�u> 7f . 7�nn i J CITY C Approved as to Form /. )(61-et7rielLegal Department It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x`_ Ambrisco Courtney Horowitz x Kubby x Larson McDonald Novick First Consideration 3/5/91 Vote for passage: AYES. NOVICK,AMBRISCO,COURTNEY,HOROWITZ, KUBBY,LARSON, McDONALD. NAYS: NONE. ABSENT: NONE. Second Consideration Vote for Passage: Date published 4/10/91 Moved by Courtney, seconded by Ambrisco, 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: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABESENT: None. a A Aa rT•,, ...y- TiY il- rtlw r ;,, a ����,y, 1rt l; ylp= a-. 1 i a + mat CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3493 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of April , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 10th day of April , 19 91 , Dated at Iowa City, Iowa, this 10th day of May , 19 91 , El- dwo Sue Johan s Deputy Ci Clerk • CIVIC CENTER • 4(0 E. WASHINGTON ST. diS PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826f1 '� FAX(319) 356-5009 V FV1 • // 4--"/A.; I OFFICIAL PUBLICATION OIIYHINa NO. 91-3493 1\ . 1 ORDINANCE AMEN0910 CHAPTER 121, ENTITLED TAYATON AND REVEIWEW OG RE CODE. OF ORDINANCES OF THE an OF MSEC CTY, IOWA BY , ENONE SECTION RENTAL AND OF FEES FOR I THE EATIONATION, RENTAL ANO USE OF PI G AND , RECREATION fAC910ES AND EQUIPMENT. BE IT MANED BY THE COY COUNCIL OF 1HE CRY OF I IOWA CRY,IOWA BFORON6 The Chapter 121; tseon and Resew dem Oob a ONr=NMI 0.y a Ion Cty,IDA;be,ami the ' i am Y Mrsey amended by reposing S.Mon 321a and Warp hi lieu trite a new..Ellin to rad ae bloom ' Yee 321a. Fee and Charge Authorised hi Chapter 2S Mwerlpa Coos SC Auma0N9 Fee, Chance,Fye of Dalahvan at Fee, • Parry: CatO.,Flne a Pansy: Mega: '(U Sac.2547..fee or reMaan of AMR a Rath"Of 1 Grran Wits $.%/Seem I . 2 Social RS CSOD9aageCJtr.ma) I teeing maim $5.00/,mTgaPrc.ma) I 4. Call man $SOwrtce(9N.met) '�2// S Dark room s t.03R Ira Printer's fee s J i S- Posses Smso 124.00'eeevl+Owen 7. Poet Ric C.entes CERTIFICATE OFPUBLICATION SGryPM NM 42 hr.cont+ r O].. Mercr.PeM1 AC CP, 775.03M.RN.mm)+ I STATE OF IOWA, Johnson County. Ss: Katt Nets ornreskini THE IOWA CITY PRESS-CITIZEN ILHall caul sl2wmr:+ate Cowl eanal acoati.+ate c mi ' 9. Ccinapeeted Haws 70.10 to 77.03 Cep/, f2tmSllN/.E10.robr - Bmaw t 10. iwma's Mata as rhwvarc I; I Englearta 7 Sm Seim 11,$1 7 4.6LSmwlary d Sharon Stubbs, being duly sworn, say Al pessi Mute$1.00 per market MniftWl97ea that I am the legal clerk of the IOWA11' "'°"q� s0'e"M° arasam: CITY PRESS-CITIZEN, a newspaper Wird v NM 7B.ave hrs.. Ipl® 718.0072 Ne. published in said county, and that a (12 pat rr.ie«Ymim: notice, a printed copy of which is hereto IMSC - a :.F a r, attached, was published in said paper 1 Cam time(s), on the following I n fnm a date(s): j .. 8.00 7.03 #10 7.° 0311 Rolmsham)r) 1000 f .•11(large salon) 000 111(snug aMbn) 10.03 • #12 7.00 {� 1 #13*condi moo r Si l7.00 7.00 14 1111 8.03 sn 703 Legal Clerk I Ohs BroNArel l.oB I Coat HE I, 5.03 Cart IR I2 00 Subscribed and sworn to before me Cost wa ax Can MB MI 503 Grande 5.00 Gemaki 7.00 this-7_ day of_ 27__ A.D. H. Q00 .-.•. .Hickory FOonce 1200 owW H,IW Y„^ 03 10. nil. I Maw 200 Nam Mackie Square 603 Raw Snot Siu day 4.03 7`3./tei/[/dam Phelan la A00 I SOryb Fret ml 4.03 4.03 Notary Public Tsai n am - 4.03 MARGAIET 111011 wnriwva j \MCoarGeM Tim /Or a, /C/ •MetFRANC mor.than 5 hairs.hairs.M'wY b , � ODAI. Shelters may b rid hr.a ergt wr1W trMMMlon,1 enNada: l" lino meta°b chirped nll l aane Aron to 1 - .. _ 1 cos new* ae0•. inciumna ovar0n. Tec agaadn or etvM9 of ta faclp. 1(p) Ser.2517. Feel a tee a lK'maaal l°tetr. T. Misused Mit $2700r. li 2 S.Ymtgpcole .as PJB 13.15 vl.IIIB vnnl • - A7 dry:pooa 51.03 71.50 20-purch Wm yWaa)� Ml17.00 93.50 Croom IS 3 yawl of ace n minted he. &rtll Peer• Amus Swnnr Frey(ma c1 4 penes)71400 790.00 Rem 90.03 50.03 Yeah 73.00 4003 Each eGfbM fa,* ' ranter 211:0 10.03 Preened Mel in malteds w Wain rase Suring the foal yew. NmveMru a las Cly.add 5D V I SEC1ON If 9Fui meso cl 5 wl or void a INF I W WNW me far at meson d.c ad Wags oris Men the a*NO pDderm at the Ohre to Mvou.-a.eua itei toren mm I said I theism is 11 the MMM rd.amdn N M ten end riot Ba ni nEIb omens.a.L91M no Y.9eI Of void proftear SECTION S. REPEASFR Al mdnrlrwl era parts e wenn=In collet wen Me proalma a Vila Olmrrles a Hereby repaid gIFCRON NN FFFFC TIYF BATF This Ocfl ct MMB N N face M arae ban era Met ISMS peaace and POar'kron Me pPaOand aroma lir 2nd day of April i / i /Of r'YOR ATTEST ea-•1 71. "li.•nJ 02001.-- Ap7I110,1991 q ORDINANCE NO. 91-3494 ORDINANCE AMENDING THE VARIANCE PROCEDURES FOR CURB CUTS. WHEREAS, the Board of Adjustment is empowered by Chapter 414 of the Iowa Code to vary only the conditions of the Zoning Ordinance; and WHEREAS, the regulation of curb cuts is not included in the Zoning Ordinance of the City of Iowa City, but in another Chapter of the Municipal Code; and WHEREAS, any request to vary the regulations pertaining to curb cuts is more appropriately carried out by the Director of Public Works. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION 1. AMENDMENT. That the Iowa City Code of Ordinances Section 31-61 be deleted,and the following adopted in lieu thereof: Section 31-61. Modification of footage requirements. Variances for modification of required footage for curb cuts set forth in Sections 31-59 and 31-60 and located within the city's corporate limits may be granted by the Director of Public Works, if the Director of Public Works, after review, determines: 1) the variance requested is limited to curb cuts designed and/or used solely for commercial or industrial uses; 2) the variance or modification of required footage will not create any traffic hazards in the area; 3j the variance will facilitate traffic flow in the area; and 4) the variance will be in the public interest. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are declared illegal or void, the remaining portions shall be deemed severable and shall remain in full force and effect. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval and publication as required by law. Passed and approved this 16th day of April - YP) . 7t7c4r--er-kje MAYOR p:6 tet;';. ATTEST: 77Gs ue-t.— CITY CLERK Approved by City Attorney's Office (/ a1- 7-9/ pwadmin\curbcut.ord 7 v It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 4/2/91 Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Larson, McDonald. NAYS: Kubby ABSENT: None. Second Consideration Vote for Passage: Date published 4/24/91 Moved by Courtney, seconded by Ambrisco, 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: Larson, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: McDonald. /O j 1' r-�u•IIIT1 3� fr1l��4- CITY OF IOWA CITY • STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3494 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of Apri 1 , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of Apri 1 , 19 91 . Dated at Iowa City, Iowa, this 10th day of May , 19 91 fiie ��ue Johann s Deputy Ci Clerk CIVIC CENTER • 410 E. WASHINGTON ST. 4;;j°�. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 -' FAX(319) 356-5009 An4s e /0 Printer's fee S/r Vf CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: ORDINAoFplaNCENOAL PUBLICATION THE IOWA CITY PRESS-CITIZEN AMENDING NO. 91-3494 ORDINANCE AMENDING THE VARIANCE PROCEDURES FOR CURB CUTS. WHEREAS.the Board of Adjustment is empowered by Chapter 414 of the Iowa Code to vary only the conditions of the I' Zoning Ordinance;and WHEREAS,the regulation of aro cute is not included In Sharon Stubbs, being duly sworn, say ce�nbg0n" and b"'cn.b in another hwter of the Mu WHEREAS.any request b vary ter regulations pertaining that I am the legal clerk of the IOWA togarb cuts bmore appropn„ely carried out bythe Diret,& CITY PRESS-CITIZEN, a newspaper R°BE IT ORDAINED BY THE CITY COUNCIL OF IOWA published in said county, and that a Om,10Wg THAT: SECTION 1. AMENDMENT.Thal the Iowa City Code of notice, a printed copy of which is hereto Ordinances +31heaa.a,apdMfaCoeIog•doGtsd In Yr thereof: attached, was published in said paper Section T. w wn3,3dmanon f footage of requirements. Variances for moddiptbn of required Icmara for curb time(s), on the following cuts eat IoM In Sectbw 31-59 and 3140 aro located date(s): wahb the city.corporate lees may be granted.by the 2- 5 J (%� Dineen of Public Works.f the Director of Public Works, p r i / 2— 5{1 / L / - after and/or review,determines: ll/ 11 the variance requested Is undid to curb cute designed are usedvariance or mo far commercialr or industrial wa: gl crevrlarew mhazard., required footage will non create r0'bee aezWe b the area; 3) the www will be in tittle public flow in the area;and `-`,'.%'�a1 , e) the variance declared l b it thr oof imerna �L///L�— y/1/fir//�V` 'SECTION 2. SEVERABRITY p any bf the provisions of thin Nei b ere e.v.r Illegaloran thervmanbp portions Neo be deemed uveMk and char remain in h4 force and � affect SECTION 3. 'REPEALER. ACI ordinances or parts of Legal Clerk ordinances in conflict with the provisions of this Ordinance are heresy repealed. SECTION 0. EFFECTIVE DATE. The Ordinance shall be in effeal after fuel passage,approval and pubr¢atbn as required Subscribed and sworn to before me bylaw. Paced and approved this 16th day of kali this 7_ day of__7:17104_._. A.D. �A°' b..4rti •YOR Pro tem 411. /, 19 7.r/ ATTEST:J}/ ��e� a21n Iry CLERK �_ nary P/9i�srs__ 01941 April 24,,1991 �'�""'^� Notary Public • GARET RIOS • • /d ORDINANCE N091-3495 AN ORDINANCE AMENDING CHAPTER 9.1, CITY PLAZA, BY REPEALING SECTION 9.1-7(d) NOISE CONTROL, AND ADDING THERETO A NEW SECTION 9.1-7(d) SOUND EQUIPMENT PERMIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Iowa City Code of Ordinances should be and is hereby amended by repealing the language of Chapter 9.1, Section 9.1-7(d) in its entirety, and substituting the following language. Section 9.1-7(d) Sound Equipment Permit. in addition to an application for use of City Plaza, any request for the use of sound equipment must be specifically approved by the City Manager, but only if the use will encourage an audio ambience within the City Plaza, while at the same time protecting the general public from a volume or type of sound inappropriate to pedestrian traffic. A City Plaza Sound Equipment Permit application must be accompanied by a $25.00 fee, and completed at the time of the application for use of City Plaza Use of sound equipment may be limited by the City Manager to no later than 10:00 p.m. SECTION II. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION V. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. Passed and approved this 16t day of April, 1991. rviliDsLR-( Pro tem ATTEST: h1cti.6. r CITY CLERK Approved by City Attorney's Office oZoz —y/ plaza.ord I , It was moved by courtnev and seconded by Ambrisco Ordinance as read be adopted, and upon roll call there were: that the AYES: NAYS: ABSENT: Ambrisco Courtney X Horowitz X Kubby X Larson X McDonald K Novick First Consideration 4/2/91 Vote for passage: AYES: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Second Consideration • Vote for Passage: Date published 4/24/91 Moved by Courtney, seconded by Ambrisco, 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: Larson, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: McDonald. r. 1. it I I I`T T'IrI •' { CITY OF IOWA CITY STATE OF IOWA ) ) SS • JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3495 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of Apri 1 , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 24th day of Apri 1 , 19 91 . Dated at Iowa City, Iowa, this 10th day of May , , 1g 91 • Lei Sue Johan s Deputy C' Clerk 4 CIVIC CENTER • 410 E. WASHINGTON ST 11-11-7775-'\./g,� PHONE (319) 356-5000 IOWA CITY IOWA 53340-1836 ^ 1� FAX(319) 356-5009 s /1l 071. 9r-Ji g Printer's fee till 0%' OFFICIAL PUBLICATION CERTIFICATE OF `PUBLICATION ORDINANCE Na 91-3495 STATE OF IOWA. Johnson County. ss: AN ORDINANCE AMENDING CHAPTER 9.1.CITY PLAZA.BY REPEAUNG SECTION 9.1.7(d) NOISE CONTROL AND THE IOWA CITY PRESS-CITIZEN ADDING THERETO A NEW SECTION 9.1.7(o) SOUND EQUIPMENT PERMIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: SECTION I. The Iowa City Coded Ordlnances should be and Is hereby amended by repealing the language of Chapter 9.1. I, Section 9.1-7(d)in Its entirety,and substituting the following lanuage Sharon Stubbs, being duly sworn, say Section 9.1-7(d) Sound Equipment Permit that I am the legal clerk of the IOWA '"' "'°^td�eppla�b"1«vaeac"YPlaza any request for the use a sound equipment must be specifically approved • CITY PRESS-CITIZEN, a newspaper by the City Manager,but only it the use will encourage an audio ambience within the City Plaza, while at the same time published in said county, and that a protecting the general public horn a volume or type of sound notice, a printed copyof which is hereto Inappropriate to pedestrian traffic. A City Plaza Sound Equipment Permit application must be accompanied by a $25.00 fee,and completed at the lime of the application for use attached was published in said paper a City Plaza Use of sound equipment may be limited by the time(s), on the following City Manager to no later than 10:00 p.m. SECTION ll.REPEALER All ordinances or pans of ordinances date(s): in conflict with the provisions of this Ordinance are hereby 4 ))) repealed. SECTION r / a t- ` / ? / Ordinance lI.ane for reason. n any a thegprovisionsr void, of this e �'1 IL ` any r n c arered dlegel or aver then t m' lawful provisions a this Ordinance are deemed severable hem • said unlawful provisions, and shall remain in full force and effect,the same as it the Ordinance contained no illegal or void provisions. SECTION V.EFFECTIVE DATE.This Ordinance shall be in full forts and effect from and after its final passage and publication, as provided by law. Passed and approved MIS 16th day of April Legal Clerk �f 6YOR Pr -tem Subscribed and sworncc. __ to before me MAYOR Pro rem this L_ day of J71_4vg_. A.D. ATTEST Alf---- ✓ C C -K 19 9i_. 01314 Apri124,1991 Notary Public • F`.'t 9t MARGARET RIOS • /0• 4 ' no /1 DI-J. 1Z ORDINANCE NO. 91'3496 AN ORDINANCE AMENDING CHAPTER 33 ARTICLE V, 'WATER' DIVISION 2, 'CONNECTIONS' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 33-135 AND 33-155. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 33, Article V, Division 2 of the Iowa City Code of Ordinances should be and is hereby amended by repealing Sections 33-135 and 33-155 in their entirety and enacting in lieu thereof new Sections 33-135 and 33-155 to be codified and to read as follows: Sec. 33-135. TAPS TO MAINS. All taps to water mains shall be of a size approved by the Department of Public Works and shall be made by the Department of Public Works upon application of the owner or his/her authorized agent. The owner or authorized agent shall be responsible for assuring the excavation complies with the Occupational Safety and Health Administration (OSHA) Excavation Rules 29 Code of Federal Regulations Part 126 or latest revisions. The Department of Public Works will not make the tap until the excavation is protected against cave-in. The owner or authorized agent shall provide a safe means of egress and shall be at the site during the tapping operation. The City shall charge a fee for the making of taps in the amount provided in the Schedule of Fees, Section 32.1-73 of the City Code. Sec. 33-155. TESTING. Whenever there is a doubt as to the accuracy of a water meter on the part of a consumer,the consumer may request the meter be tested by the city. If the water meter is found to register within two (2) percent of being correct, a fee will be charged against the consumer. The amount of such fee shall be as set forth in the Schedule of Fees, Section 33.1-73. If the meter measures more than two (2) percent fast, no fee will be charged for making the test and a proportional deduction shall be made from the last water bill preceding the test. A water meter shall be considered to register satisfactorily if it registers within two (2) percent accuracy. SECTION II. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 2E,'f` cfri. O8 ma , 199I A YOR Ordinance No. 91-3496 Page 2 ATTEST: CITY C flK Appro ed by • /fr.0 ."x/ ity Attorney's Office pwadminkhap33.ord 1a It was moved by C,,,rrnev and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco v Courtney x Horowitz Kubby —-�_ Larson McDonald Novick First Consideration 5/14/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None Second Consideration Vote for Passage: Date published June$ , 1991 Moved by Courtney, seconded by Ambrisco,that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration be waived and the ordinance be voted upon for final passage at this time. AYES:Ambrisco, Courtney, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: Horowitz /a rr.pid4 0: St: II T' UIk • ;.,. CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3496 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of May , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5th day of June 19 91 . Dated at Iowa City, Iowa, this 5th day of July _, 19 91 . WMULO Sue Johanne Deputy City erk CIVIC CENTER • 410 E. WASHINGTON ST. ri �* PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 ��., FAX(319) 356-5009 5 �"~• 12. 67Q j/-3llr • 1- �( .OFFICIAL PUBLICATION Printer`s fees 13 ORDINANCE NO.91-3496 CERTIFICATE OF PUBLICATION AN ORDINANCE AMENDING CHAPTER 33 ARTICLE V, 'WATER'DIVISION 2,'CONNECTIONS'OF THE CODE OF STATE OF IOWA. Johnson County. ss: ORDINANCES OF THE CITY OF IOWA CITY,IOWA.BY AMENDING SECTIONS 33-135 AND 33-155. THE IOWA CITY PRESS-CITIZEN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: SECTION.I. Chapter 33.Article V,Division 2 of the Iowa Cly Code of Ordinance.shouts be and o hereby amended by I, repealing Sections 33-135 and 33.155 in their entirety and 1 enacting in lay thereof new Sedoe 33-135 and 33-155 to be mdaled and to read as lotbw°: Sharon Stubbs, being duly sworn, say Mage to water t3TAPS Ts ha INs, licred achy be of a alaeded by the that I am the legal clerk of the IOWA Department m wanend m pMbe made de by the Department of Public agent nt Th coon er oroabn ped a owner or CITY PRESS-CITIZEN, a newspaper be fenp00Mleaasu. gnte excavation complies pwitathe be paonnfor lys andg the ath AdmI nmprna(OSHA)the published in said county, and that a Occupational saran Health adminaaadon rosfu) notice, a printed copy of which is hereto Excavation Rules 29 Code of Federal Reputations Pal 125 or latest reeisnns.The Depanme1t oI Public Wofi will cool make attached was published in said paper the tap until Nexcavation b a a es n protected against ca a-m The owner or authorized agenl shallprovde a safe means of press / time(s), on the following end shall be m the she duriglM lapping operation. The City date(s): shall Mage a fee for the making of laps in the amount provided In the Schedule of Fees,Section 32.1.73 of the City Code. Sec.23455.TESTING. I " col vt-�- 5— / 9 9 i Whenever there b e doubt as to the a emery of a water / meter on the M ofacouumrt,tha meumumayO found o meter be tented by the city. II the water mote,o found to register within two(2)percent of being u neo..a fee will be • Meted pavul be e a n w. The1 amount of suchnn lee shall / be as eatforth In the Schedule of Fees,Sedbn33.1-T3. 11 the I reelermeuuru more Nan two(21 percent last co fee wit be charged lermaknag IM test and aDmcoing the teat A water meter Mall be considered to register satisfactorily I It ragmen within two 2) Legal Clerk SECTION ILLpercent SEVERABILITY. If any of the provisions of this Ordinance are ton any reason declared maga or void,than the I leedul pmvleuna W this Ordinance are deemed severable from Subscribed and sworn to before me ve1°°"""'°'Dmdsbe,and linen remain in fun tarn and Of ed.the sane as d the Ordinance contained no illegal or sold , provisions. SECTION III. REPEALER. All ordinances on parts of this_a_day of A.D. ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE.This Ordinance shall be In , full farce end effect from and after Its final passage,approval 19 9/. and pubkutbo.ea provided by lew. Peeled and approved this 28th day of may 1991. a �w e 4i Notary Public • YGR yy �,/ ATTEST'///axa....) Jt A•) CITY LiERIC MARGARFT MOS 01670 June 5,1991 /0-aG9a \ 11 Drct ORDINANCE NO. 91-3497 AN ORDINANCE AMENDING CHAPTER 32.1 "TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY AMENDING SECTION 32.1-55 THEREIN TO REVISE SOLID WASTE COLLECTION FEES AND LANDFILL USE FEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa be and the same is hereby amended by repealing Section 32.1-55 thereof, and enacting in lieu there of a new Section to be codified the same to read as follows: Sec. 32.1-55. Fees or charges authorized in Chapter 15. Municipal Code Section Authoriz- ing Fee, Charge, Description of Fee, Fine or Penalty Charge, Fine or Penalty Charge Sec. 15-12 Fee for annual solid waste permit, per year $100.00 Sec. 15-39 Residential solid waste collection fees Rates effective for July 1 July 1 July 1 bills on or after: 1990 1991 1 992 Per dwelling unit, $ 8.25 $ 7.50$8..75 per month Per two (2) rooming 8.25 7.50 8.75 units, per month Sec.. 15-31 Appliance collection 10.00 11.00 12.00 fee, per item collected Tire collection fee, 2.50 3.00 3.00 per tire collected Sec. 15-22(b) Yard waste collection 1.00 1.00 1.00 fee, per bag sold Sec. 15-58 Landfill use fees Rates effective: July 1 July 1 July 1 1990 1991 1992 City fee/ton 13.50 28.00 29.50 State fee/ton 2.50 As required Total fee (per ton) 16.00 Sum of City Minimum fee in lieu fee&State fee of tonnage fees 3.00 5.00 6.00 Sec. 15-54 Tire disposal fee, 0.06 0.07 0.07 fee per pound, subject to minimum fee of $3 ( 5 Ordinance No. 91-3497 Page 2 Sec. 15-53 Appliance disposal fee, 3.50 5.00 6.00 per item disposed Appliance disposal fee, 25.00 30.00 30.00 surcharge for crushed or damaged item, fee per item disposed Sec. 15-51 Hazardous or special wastes disposal fee The fee for disposal of hazardous or special wastes shell be one and one-half (1'A) times the landfill use fees in this Section. Sec. 1540 Deposit fee combined for city water and/or sewer •- and/or solid waste collection accounts Residential owner $75.00 per combined account residential service for city water and/or sewer and/or solid waste collection service Residential tenant $100.00 per account combined residential service for city water and/or sewer and/or solid waste collection service Sec. 1541 Delinquency deposit In an amount equal for combined water to an average three- and/or sewer and/or month billing for the waste collection delinquent account accounts SECTION II. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication, as provided by law. Ordinance No. 91-3497 Page 3 Passed and approved this ZQ''t-, jPat ® 4 1 1491. AYOR ATTEST: /;4,4040 9S • ',?L1-1 CITY CL K Approved by Ci Attorney's Office / alt 7-7/ pwadmin\ch32-1.ord 13 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney x Horowitz x Kubby Larson McDonald Novick First Consideration 5/14/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: None. Second Consideration Vote for Passage: Date published June 5, 1991 Moved by Courtney, seconded by Ambrisco, that the rule requiring ordin- ances 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: Ambrisco, Courtney, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: Horowitz. I3 -w1111 r- �IN� ',Ater; Ac). CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3497 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of May , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5th day of June 19 91 Dated at Iowa City, Iowa, this 5th day of July , 19 91 y IL iVeri- �' ue Johanne Deputy CityClerk • CIVIC CENTER • 410 E. WASHINGTON ST. � , PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 ^ FAX(319) 356-5009 g 13 OFFICIAL PUBLICATION ORDNANCE NO. 91-3497 AN ORDNANCE AMBONO CHAPTER32.1°TAXATION AND REV1710JE6.OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA BY AMENDING SECTION32.1-66 THEREIN TO REVISE SCUD WASTE COLLECTION FEES AND LANDFILL USE FEES, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCL OF THE CITY OF IOWA CITY.IOWA: • 'LOTION L That Chapter 32.1 of the Coda of Ordinances of Ore Cloy of Iowa City.Iowa b.ala the erne a hereby emends/ by repealing Section 32.1-55 thereof,end enacting in Deu there ole new Beating to be codified the sane to read se follows: Oeo.32.1-66. Fees or Cherpw su horlrud In Chapter 15. MIadlpef Code Seaton Authwim Ing Foe,Charge, Description of Foe. Finny Fondly Chaos,Roe or Fondly Chum. Sec.15-12 Foe for ermuel solid wefts permit per Year 1100.00 Sea 16.30 Rsidentid slid '' weals collection fees Printer's fee S C23.-Cl Rett effective for July 1 July 1 July t UN on or after; 19110 1001 1002 CERTIFICATE OF PUBLICATION Per dwelling unit. 13.2617.601576 STATE OF IOWA. Johnson County. ss: Per month I p.m,.rmon h 5.25 7.50 e.7e THE IOWACITY PRESS-CITIZEN «.pemonTh Set 16.11 Its 'within pace=Section 10.00 11.00 1203 fee,' wi in fa.. Tire collection les, 2.60 3.00 3.00 per tin collected Sec.15-22Ib1 Yee waste collection 1.00 1.00 1.00 I, r The,per bag sad Sharon Stubbs, being duly sworn, say Sec.1666 Landfill we fess that I am the legal clerk of the IOWA Rates effective: July I July, Jay, CITY PRESS-CITIZEN, a newspaper BSO fl published in said county, and that a SCtttfaAare 2.50 3.50 As required 1 y Total les en z0Aof Ci notice, a printed copy of which is hereto Total fee peal be 18.00 Sumof City Minimum The in low Iw69sea attached, was published in said paper of tonnage fen 3.00 5.00 8.00 ltime(s), on the following Sec.15.54 Tire divots)fes, 0,08 0.07 0.07 to minim date(s): t.e per minimum fwsubject 0113 / 1 �/ Sec.16-6] Appliance disposal be, 3.50 6.00 6.00/ Pernen.uiepo..d V "'l r e- ✓� Appliance dispose!f , 26.00 30.00 3003 Iemcherge forcrashed Or aeneyed t fee per r Rem disposed 6 / l �/4 Sec.1511 Hazardous or special wastes disposal fes The foe Tu disposal of hazadal Legal Clerk wastes shous all be n. wrtr owl l t n^.ere one-hall on few in is. landfill u.a...in This f Subscribed and sworn to before me Section. See,15-40 Deposit Is.combined for city wet.r rdmr n 6:79 we end/or solid wastetiniS day of . - A.D. =oReetianaxounte {^' R ' .eidendtl owner 176.03 pa combined 19 y� exi exeunt resentialsemnfor .........GllGG wenry s sr oioM/m [/yy, end/or w/O�c.f� .-t/ esmin onemim Residence!tenant 4100.00 per Notary Public wcoun, combined residential service for city Fes. . RIDS W dfo esoold;we. ander ted sewer - /o a . •�7 collection..win. Sea.1641 Dsinguency deposit In en enounl equal for combined mister to P.asap.three- end/or sewer and/or month Wring for The waste collection definauent=count SECTION II SFVERABRRY. If any of Ns previs,ors of this Ordinance ere for any reason declared Illegal or void.then the lawful provisions of This Ordnance are deemed severable horn sold unlawful previsions,end shall remain In lull force and effect.the same es if The Ordinance contained no illegal or void provlelone. SECTION III REPEALER.All ordinances or parte of ordinencee in nnflct'Wit the provisions of this Ordinance ere hereby reputed. SECTION N EFf'FOTNE DATE.This Ordin.nca.hell be In hS force end el feet from and after Its final passage end pumbetlen,w provided by law. P b rd approved this 28th day Kay 1991. AYOR • . ATTEST: _ • CITY CLE K 01671 A June 5,1991 3 I Drd_ E ORDINANCE NO. 91-3498 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-73 THEREIN TO REVISE SEWER AND WATER CHARGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1, "Taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-73, and adopting in lieu thereof a new section to read as follows: Sec. 32.1-73. Fees and Charges Authorized in Chapter 33. Municipal Code Section Authorizing Fee, Charge, Description of Fee, Fine, or Penalty: Charge, Fine, or Penalty Charge: (a) Sec. 33-46(1) Sewer Service Charges: Minimum monthly charge (includes the first 200 cu. ft. of water used) $6.30 Monthly charge for each additional 100 cu. ft. of water used $1.54 Monthly surcharge BOD (per pound) $.13 SS (per pound) $.10 (b) Sec. 33-46(6) Unmetered user, monthly minimum $14.20 Manufactured housing park, monthly minimum per lot $14.20 (c) 33-47(2) Fee for delinquent sewer $3.00 for each water service service account account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (d) 33-48(1) Deposit fee for combined city Residential owner account: $75.00 per water and/or sewer and/or combined residential service for solid waste collection city water and/or sewer and/or solid accounts waste collection service. Residential tenant account: $100.00 per combined residential service for city water and/or sewer and/or solid waste collection service. I'f Ordinance No. 91-3498 Page 2 (e) 33-48(3) Delinquency deposit fee for In an amount equal to an average combined city water and/or 3-month billing for the delinquent sewer and/or solid waste account collection accounts METER SIZE (Inches) Deposit (f) Sec. 33-149(a) Meter deposit a. Deposit fee for new meter 5/8 x 3/4 $ 60 and outside meter reader 3/4 90 1 • 120 1Y 300 2 400 b. Refund for each new 5/8 x 3/4 $ 75 meter, outside meter 3/4 105 reader, and wiring 1 135 correctly installed 11/2 320 2 420 (g) Sec. 33-149(b) Second meter fee 5/8 to 3/4 $ 65 (non-refundable) 3/4 90 1 120 11/2 300 METER SEPT 1 SEPT 1 SIZE 1990 1991 (h) Sec. 33-163 Water Service Charges: (Inches) Charge: Charge: Monthly user charges for 5/8 $ 4.15 $ 5.30 water service for the 3/4 4.75 5.80 first two hundred (200) 1 5.60 6.85 feet or less of water 1' 11.15 13.65 used, based on meter size 2 15.00 18.35 3 27.75 33.90 4 48.40 59.15 6 97.40 119.05 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnished the meter at their own costs will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. Ordinance No. 91-3498 Page 3 MONTHLY SEPT 1 SEPT 1 USAGE 1990 1991 (Cu. Ft.) Charge: Charge: Monthly user charges for Next 2,800 $0.90 $1.10 water in excess of 200 Next 17,000 $0.65 $0.79 cubic feet per month Over 20,000 $0.60 $0.79 MONTHLY . SEPT 1 SEPT 1 USAGE 1990 1991 (Cu. Ft.) Charge: Charge: Second meter charges for Next 2,800 $0.90 $1.10 water in excess of 200 Next 17,000 $0.65 $1.10 cubic feet per month Next 20,000 $0.60 $1.10 -- Q) Sec. 33-164 Fee for temporary water use during construction for the first 90 days from the date of the service tap for a new service or for a maximum of 90 days for reconstruction: Single- and two-family residences $10.00 per month Multi-family residences $10.00 per month Commercial structures $20.00 per month Fee for temporary water use after 90 days for any structure shall be $100.00 per month until the meter is installed. SEPT 1 SEPT 1 1990 1991 Charge: Charge: (k) Sec. 33-165 Fee for direct purchase of water per 200 $1.00 $1.25 gallons or fraction thereof (I) Sec. 33-166 Fee delinquent water service account $3.00 for each water service account not paid within 30 days of billing date. Fee is waived for first occurrence in each calendar year. (m) Sec. 33-169(a) Deposit fee for combined city water and/or Residential owner account: sewer and/or solid waste collection $75.00 per combined accounts residential service for city water and/or sewer and/or solid waste collection ser- vice. 14 Ordinance No. 91-3498 • Page 4 Residential tenant account: $100.00 per combined resi- dential service for city water and/or sewer and/or solid waste collection service. Commercial account: An amount equal to the two month billing for commercial service for city water and/or sewer service. (n) Sec. 33-169(b) Delinquency deposit fee for combined In an amount equal water and/or sewer and/or solid waste to an average 3-month collection accounts billing for the delinquent account. (o) Sec. 33-169(c) Fees and charges for various consumer services Tap fees: Size Tap Corps Curbs Boxes 1" $28.60 $18.35 $ 35.70 $29.15 11A" None None 58.10 40.75 11/2" 30.40 48.25 77.40 40.75 2" 33.10 78.15 115.50 40.75 11A-inch, 11/2-inch and 2-inch will require saddles which are to be charged at the City's cost, plus a stocking fee. Installation and connection fees: Cost Cost Size (Ductile Iron) (PVC) 6" $18.00 per linear foot $15.00 per linear foot 8" 20.00 per linear foot $18.00 per linear foot 10" 24.00 per linear foot 12" 29.70 per linear foot 16" 39.40 per linear foot Ordinance No. 91-3498 Page 5 (p) Sec. 33-169(c) Service fees Fee Fee During Normal After Normal Working Hours Working Hours a. Reconnection of $15.00 $30.00 discontinued service b. Removal fee for $25.00 Not done after disconnecting and normal working removing a second hours meter c. Service for resetting $15.00 $30.00 or reading meter, or for restarting service - d. Carding fee for shutting $15.00 $30.00 off.in collection procedure e. Check leaky meters No charge No charge f. Frozen meters $15.00, plus cost $30.00, plus cost of meter repair of meter repair g. Shut-off service at curb No charge $30.00, plus and check for exterior hourly rate for leaks time over 2 hours h. Broken hydrant Repair cost $30.00, plus repair i. Location of water main No charge No charge for other utilities j. Location of water main No charge $30.00, plus for private enterprise hourly rate for time over 2 hours k.. Meter accuracy check $30.00 Not done after at consumer's request normal working hours I. Fire hydrant fee for $50.00 Not done after inspection and opera- normal working tion of fire hydrants hours which are privately • owned or owned by other governmental agencies i • Ordinance No. 91-3498 Page 6 If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 p.m. daily. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this ordinance which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and publication as by law required, but not before September 1, 1991. Passed and approved this 2)31A dui. sg f l S 1 . i/ it OR ATTEST: ) 7a4�,�J � 7(2 � CITY CLERK Approved by tt."----J1/4.• �����r Ci Attorney's Office y- .7/ finadm\chaptr32.ord '-41 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —x_ Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 5/14/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: None. Second Consideration Vote for Passage: Date published June 5, 1991 Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetnings prior to the meeting at which it is to be finally passed be suspended, the sedond consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Ambrisco, Courtney, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: Horowitz. It 1 f���H - ;4111/111111146 CITY OF IOWA CITY STATE OF IOWA ) • SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3498 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 28th day of May , 19 91, all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5th day of June 19 91 Dated at Iowa City, Iowa, this 5th day of July , 19 91 . (I ' >/ Sue Johannes Deputy City k CIVIC CENTER • 410 E. WASHINGTON ST. 44%°Grei PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 04,1 (51a. W-310 f1 3 OFFICIALPUBLICATION OFFICIAL PUBLICATION ORDINANCE Na 91-3498 alas AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED TAXATION AND REVENUES;OF THE II` CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA,BY AMENDING SECTION 32.1-73 THEREIN TO REVISE SEWER AND WATER CHARGES. Printer's fee s Mr.,95-- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: CERTIFICATE OF PUBLICATION SECTION I. That Chapter32.1,Taxation and Revenues;of the Code of Ordinances of the City of Iowa City, Iowa,be,and the same is hereby amended by repealing Section 32.1-73,and adopting in lieu STATE OF IOWA. Johnson County. ss: thereof a new section to read as follows: THE IOWA CITY PRESS-CITIZEN Sec.32.1-73. Fees and Charges Authorized in Chapter 33. • Municipal Code Section Authorizing Fee,Charge, Description of Fee, Fine,or Penalty: Charge,Fine,or Penalty Charge: I, Sharon Stubbs, being duly sworn, say a) Sec.33-46(1) MS�mumerervice monthly charge that I am the legal clerk of the IOWA (includes the first 200 CITY PRESS-CITIZEN, a newspaper • ca.ft of water used) $6.30 published in said county, and that a Monthly charge for each notice, a printed copy of which is hereto additional 100 cu.ft.of water used $1.54 attached, was published in said paper ( time(s), on the following Monthly surcharge date(s): BOD(per pound) $13 / SS(per pound) $.10 T! 02 ✓—, X97 ' (b) Sec.3346(6) minima Unmetered user,monthly ,(/;)//�)� minimum $14.20 C'r "`- 9.—`�� Manufactured housing park. monthly minimum per lot $14.20 (c) 33-47(2) Fee for delinquent sewer $3.00 for each water service Legal Clerk service account account not paid within 30 days of billing date. Fee is waived for first occurrence In each calendar Subscribed and sworn to before me year. //T (d) 3348(1) Deposit fee for combined city Residential owner account: $75.00 per this `._ day ob9D-x1.14_ A.D. water and/or sewer and/or combined residential service for �/ d _ . solid waste collection city water and/or sewer and/or solid accounts waste collection service. I99/ . Residential tenant ase0 per combined residential serviceforrte ,u water and/or sewer antllar olM waste collection service. Notary Public (a) 33-48(3) Delinquency deposit foe for In en amount equal to an average combined city water and/or 3-month billing for the delinquent MARE'MOS sewer and/or solid waste account _ collection accounts it O' sr ,c9_- METER S12E Jlnchesi Deposit (I) Sec.33-149(a) Meter deposit a. Deposit fee for new meter 5/8 x 3/4 $60 and outside meter reader 3/4 90 1 120 1K 300 2 400 b. Refund for each new 5/8 x 3/4 $75 meter,outside meter 3/4 105 reader,and wiring 1 135 correctly installed 114 320 2 420 (g) Sec.33-149(b) Second meter lee 5/8 to 3/4 $65 (non-refundable) 3/4 90 1 120 114 300 /4 METER SEPT 1 SEPT 1 /w // 7 SIZE 1990 1991 fJ� (h) Sec.33-163 Water Service Charges: (Inches) Charge: Charge: (I/ Monthly user charges for 5/8 $4.15 $5.30 water service for the 3/4 4.75 5.80 first two hundred(200) 1 5.60 6.85 feet or less of water 11/2 11.15 13.65 used,based on meter size 2 15.00 18.35 3 27.75 33.90 4 48.40 59.15 6 97.40 119.05 The minimum user charges for larger meters will be based on comparative costs to a 6" meter. The minimum user charge for a customer who furnished the meter at their own costs will be based on the minimum for a 5/8"meter,regardless of the size. There will be no minimum monthly charge for the second water meter from November to March for those months during which no water is used. MONTHLY SEPT 1 SEPT 1 USAGE 1990 1991 (Cu.Ft.) Charge: Charge: Monthly user charges for Next 2,800 $0.90 $1.10 water in excess of 200 Next 17,000 $0.65 $0.79 cubic feet per month Over 20,000 $0.60 $0.79 MONTHLY SEPT 1 SEPT 1 USAGE 1990 1991 (Cu.Ft.) Charge: Charge: Second meter charges for Next 2,800 $0.90 $1.10 water in excess of 200 Next 17,000 $0.65 $1.10 cubic feet per month Next 20,000 $0.60 $1.10 (j) Sec.33-164 Fee for temporary water use during construction for the first 90 days from the date of the service tap for a new service or for a maximum of 90 days for reconstruction: Single-and two-family residences $10.00 per month Multi-family residences $10.00 per month Commercial structures $20.00 per month Fee for temporary water use after 90 days for.any structure shall be $100.00 per month until the meter is installed. SEPT 1 SEPT 1 1990 1991 Charge: Charge: (k) Sec.33-165 Fee for direct purchase of water per 200 $1.00 $1.25 gallons or fraction thereof (I) Sec.33-166 Fee delinquent water service account $3.00 for each water service 1 account not paid within 30 days of billing date. Fee Is • waived for first occurrence in each calendar year. (m) Sec.33-169(a) Deposit fee for combined city water and/or Residential owner account: • sewer and/or solid waste collection $75.00 per combined accounts residential service for city water and/or sewer and/or solid waste collection ser- vice. Residential tenant account: $100.00 per combined resi- dential service for city water and/or sewer and/or solid waste collection service. Commercial account: An amount equal to the two- month billing for commercial service for city water and/or sewer service. (n) Sec.33-169(b) Delinquency deposit fee for combined In an amount equal water and/or sewer and/or solid waste to an average 3-month collection accounts billing for the delinquent account. (o) Sec.33-169(c) Fees and charges for various consumer services Tap fees: Size Tap Corps Curbs Boxes 1" $28.60 $18.35 $35.70 $29.15 11/4" None None 58,10 40.75 11/2" 30.40 48.25 77.40 40.75 2" 33.10 78.15 115.50 40.75 11/4-inch,11/2-inch and 2-inch will require saddles which are to be charged at the City's cost,plus a stocking fee. )))) I Installation and connection fees: /1 OW- II-3 ft Cost Cost ey Size (Ductile Iron) (PVC) / per linear foot 6" $2.0 per linearineafoot $15.00 per linear foot 8" 20.00 per linear foot $18.00 10• 24.00 per linear foot 12• 29.70 per linear foot 16" 39.40 per linear foot (p) Sec.33-169(c) Service tees Fee Fee During Normal Atter Normal Working Hours Working Hours a.Reconnection of $15.00 $30.00 discontinued service Not done after b.Removal fen for $25.00normal working disconnecting and hours removing a second meter c.Service for resetting $15.00 $30.00 or reading meter,or for restarting service d.Carding tee for shutting $15.00 $30.00 off in collection procedure e.Check leaky meters No charge No charge f. Frozen meters $15.00,plus cost $30.00,plus cost of meter repair of meter repair g.Shut-offservice at curb No charge $30.00,plusate fo rate r and check for exterior hourly yr over 2 hoursr leaks h.Broken hydrant Repair cost $30.00,plus repair i. Location of water main No charge No charge for other utilities j. Location of water main No charge $30.00,plushourly rate for for private enterprise time over 2 hours k.Meter accuracy check $30.00 Not done afternormal working at consumer's request hours I. Fire hydrant tee for $50.00 Not done afternormal working inspection and opera- hours tion of fire hydrants which are privately owned or owned by other governmental agencies It service is requested outside normal working hours,a$30.00 atter-hour tee shall be charged in addition to the normal working hour fee. In addition, when service time atter hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages,including overtime. Te water service division's normal working hours are B:00 a.m.to 4:00 p.m.daily. SECTION II. SEVERABILITY. If any provisions of this Ordinance are for any reason declared illegal or void,then the lawful provisions of this ordinance which are severable from said unlawful provisions,shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and publication as by law required,but not before September 1,1991. Passed and approved this 28th day of May 1991. i AYOR ATTEST: Ii,, a a-•� CITY CL RI< 01669 June 5,1991 yrs. ORDINANCE NO. 91-3499 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 3.10 ACRES OF LAND LOCATED WEST OF MORMON TREK BOULEVARD AND NORTH OF ROHRET ROAD, IOWA CITY, IOWA. WHEREAS, the applicant has requested a zone change from PDH-12 to RS-8; and WHEREAS, the Comprehensive Plan for the City of Iowa City shows residential land uses at a density of 2-8 dwelling units per acre in the area containing the subject property; and WHEREAS, the existing and proposed development near the property is for low and medium density residential uses for which the subject rezoning would be compatible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of PDH- 12 to RS-8: A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian described as: Beginning at the southwest corner of Walden Ridge, Part 2 as recorded in Book 23, Page 11 of the Johnson County Recorder's records; thence N82°08'44" W, 538.34 feet to the west line of said Section 17;thence NO°26'55"W, 202.31 feet along said Section line; thence N85°18'57"E, 510.55 feet to a point on the west line of Walden Ridge, Part 4 as recorded in Book 23, Page 13 of the Johnson County Recorder's records; thence S4°41'04"E, 318.63 feet along the west line of Walden Ridge, Parts 4 and 2 to the Point of Beginning. Said tract contains 3.10 acres, more or less and is located in the City of Iowa City, County of Johnson, State of Iowa. 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. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part 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 part thereof not adjudged invalid or unconstitutional. 1S Ordinance No. 91-3499 Page 2 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 II 4•( 1343 ctSi r (qct( ,/ tOR ATTEST: kirw.ca� 71 A- 7ebeni CITY CLEERRK Appro r by Ci y Attorney's Offices/2344 m morntrk.ord '7 1� It was moved by Courtney • and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson McDonald Novick First Consideration 5/28/91 Vote for passage: AYES: Ambrisco, Larson, McDonald, Novick, Kubby. NAYS: Courtney. ABSENT: Horowitz. Second Consideration Vote for Passage: Date published June 19. 1991 Moved by Courtney, seconded by Ambrisco, 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: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. • • • /5 AIio l CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3499 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of June , 1991 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 19th day of June , 19 91 . Dated at Iowa City, Iowa, this 5th day of July 19 91 • jite- MaignUbO Sue Johan Deputy CI Jerk • • • CIVIC CENTER • 410 E. WASHINGTON ST. °V PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 ti15 Oldstnieenteo 4.1.1-144-141) tt.)a.o 2e,PY)671e d t •/_j2_ eP — ei4 i i OFF .a,-FUBL'CATION ,. Printer's fee$ af /9 y •_3V,7 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CERTIFICATE OF PUBLICATION CHANGING0 ACRES OF LAND LOCATED WEST OF APPROXIMATELYGULATIONS OF MMRE BOULEVARD AND NORTH OF ROHRET ROAD,IOWA CITY. I STATE OF IOWA. Johnson County. ss: IOWA THE IOWA CITY PRESS-CITIZEN WHEREAS.the applicant hasrequested azone change limnPDH-12 to RS-B;and WHEREAS,the Cemprenenvva Pon for the City of Iowa City slaws residential land uses at a density of 2-0 dwelling units per acre in the area containing tun subject property;and • WHEREAS.the existing and proposed development near the property is for low and medium density residential uses I, for which the subject rezoning would be compatible. NOW, THEREFORE. BE IT ORDAINED BY THE CITY Sharon Stubbs, being duly sworn, say COUNCIL OF THE CITY OF IOWA CITY,IOWA: $FCTIONI.APPROVAL. Thatuxpropertydescribedbel°w that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper 12 to is hereby a reclassified from present classification of PDH. AteaA van of land in the northwest quarter p the published in said county, and that a North,Ra quarter8 Wt Section n,Townshipan xeric,ed aS:6 West of the Fifth Principal Meridian notice, a printed copy of which is hereto dascdbea as: attached, I was published in said paper Beginning at the southwest comer Of Walden I time(s), on the following Ridge,Part 2 as recorded In Book 23,Page 11 of the Johnson County'Recorder's records;thence date(s). N62°05.44•W,530.34 feet to the west line of said Section 17;thence NO°26.55-W,202.31 feet 1 /) ( ply/ along said Section line; thence Nne tl 'ST'E, I�CA 4 9 I / "'L) 510.55 feet to a paint on the west line°I Walden I Ridge,Part 4 as recorded in Book 23,Page 13 of the Johnson County Recorder's records; thence /y /�/f/F�,(/l S4'41'04'E,315.63 teat along the west line of T`C-'� 5 l! ✓� warden Ridge. Parts 4 and 2 tow thacres. , ort of Beginning,sad iSaid atractin the Coy 3.10 aGG,thor of J and{n.State in the CIIY of Iowa[ily,County of JN it 2(1 State of baa. auTOe it d0NINRMAP TheBuildingzoning inSPeCtOf pof the City' Legal Clerk authorized Iay.wwaawmwlys hi aeniegmart CitY g of Iowa City.Iowa,to end to this amendment upontelas final passage,approval end publication of lois Ordinance as provided by law. Subscribed and sworn to before me Cl Clerk of CERTIFICATION and AND RECORDING.. ccpp at Clerk Is hereby which and directed'0 certify aty of this Ordinance ec be recorded by the owner the 1� Office the County Recorder al Johnson COwty,Iowa, this 3 _ day of __ A.D. upon final passage and publication at provided by law. $ETON IV REPEAL'F . Alt ordinances and parte el ordinances in conflict witnm°provision of this Ordinance are hereby repealed. 1991 , _ cur-nom V SEVERABrrrY.If any section.provision or pan al this Ordinance Shan be edludged to be invalid Or / _ r unconstitutional, such adjudication shall not affect the �-ACAA A fiy�.?! --(-7--.4.:0•C1' validity of the Ordinance as a whole or any section.Nauruan —LA/ or pan thereof not adjudged Invehd or unconstitutional. Notary Public SFTON VI FFFCCTIVE nATF. This Ordinance shall be In effect after its final passage,approval end publication, es required by law. ys='=lyy�]a MARGARET MOS PuSeand approved this/0-x49,7,,S267-949,7,,S21 , I ' rAYOR ATTEST: • Warm./ ' • ova • 00362 - June 19,1991 / /4 c._ fC ORDINANCE NO. 91-3500 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY APPROVING THE REVISED PRELIMINARY PLANNED DEVELOPMENT HOUSING PLAN (OPDH) FOR WALNUT RIDGE, PART 2, AN APPROXIMATE 22.99 ACRE TRACT OF LAND LOCATED NORTH OF MELROSE AVENUE AND WEST OF PROPERTY OWNED BY THE UNIVERSITY OF IOWA. WHEREAS, the subject property located north of Melrose Avenue and west of property owned by the University of Iowa and more particularly described herein, is presently conditionally zoned OPDH-1, Rural Residential Planned Development Housing, to permit the development of the property for a large lot, residential planned housing development; and WHEREAS, the current property owner has submitted a revised preliminary PDH plan for the subject property; and WHEREAS, the lot layout and street configuration of the revised preliminary PDH plan differ significantly from the approved preliminary PDH; and WHEREAS, material changes in an approved preliminary PDH plan shall be subject to the approval procedures set forth in Sec. 36-88, Iowa City Code of Ordinances; and WHEREAS, it is the intent of the Council that the terms and conditions of the Conditional Zoning Agreement for the subject property, approved on January 8, 1991, Ordinance No. 91-3485, not be altered, and remain in force and effect. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of Ordinance No. 91-3485,the property described below retains its classification of OPDH-1 and the revised preliminary PDH plan submitted by Southgate Development Company for Walnut Ridge, Part 2 is hereby approved. 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 S89°07'30"W, 332.62 feet along the south line of said southwest quarter to the point of beginning: thence continuing S89°07'30"W, 987.36 feet along said south line to the southwest corner of the southeast quarter of the fractional southwest quarter of said Section 7; thence N00°23'09"E, 1074.34 feet along the west line of said southeast quarter; thence S89°36'53"E, 332.09 feet; thence N45°29'50"E, 183.92 feet; thence S75°13'32"E, 79.37 feet; thence S51°53'38"E, 100.70 feet; thence S64°46'34"E, 89.71 feet to the northwesterly corner of Lot 3 of Walnut Ridge, Part One; thence S25°31'41"E, 723.64 feet along the westerly line of Walnut Ridge, Part One; thence SO4°28'07"W, 413.56 feet along the westerly line of Walnut Ridge, Part One to the Point of Beginning. Said tract of land contains 22.99 acres, more or less, and is subject to easements and restrictions of record. Ordinance No. 91- t 5OO Page 2 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest and to certify the Ordinance for recordation in the Johnson County Recorder's Office. SECTION IV. CONDITIONAL ZONING AGREEMENT. The Conditional Zoning Agreement for the subject proeprty dated March 19, 1990 and approved by Ordinance No. 91-3485, dated January 8, 1991, shall remain in force and effect. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjusted 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 25th Day Of June, 1991. - � '41111:0444-4 /A OR ATTEST: GZ CIT � CLOW Appro -• by Ade 1/9,' City A orney's Office , s-A, ppdadmin\melros e.ord /6 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney Horowitz Kubby Larson McDonald Novick First Consideration 6/11/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published July 3, 1991 Moved by Courtney, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to 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: Ambrisco, Courtney, Kubby, Larson, McDonald, Horowitz, Novick. NAYS: None. ABSENT: None. 16 i • ( , eeS� �''l l l!14,9+1',, Strlr CITY OF IOWA CITY STATE OF IOWA ) ) SS • JOHNSON COUNTY ) • I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3500 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 25th day of June • , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 3rd day of July 19 91 • Dated at Iowa City, Iowa, this 9th day of August , 19 91 Sue Johanne aAVALO Deputy City erk • • • CIVIC CENTER • 410 E. WASHINGTON ST. 1719 PHONE (319) 356-5000 IOWA CITY IOWA 52240-r826 �ifl FAX(319) 356-5009 /) \ 1 IL' 0/2 el• W-,350i OFFICIAL PUBLICATION OFFICIAL PUBLICATION condWateay zoned OPOH.1. Rural Residential Flamed ORDINANCE NO.91-3500 Development Housing, to permit the development of the propend for a large lot, 'residential planned hooting AN ORDINANCE AMENDING THE ZONING ORDINANCE BY development;and APPROVING THE REVISED PRELIMINARY PLANNED WHEREAS,the current property owner has submitted a DEVELOPMENT HOUSING PLAN (OPDHI FOR WALNUT revised preliminary PDH plan foe she subject property;And RIDGE,PART 2,AN APPROXIMATE 22,99 ACRE TRACT OF WHEREAS,the lot layout end street configuration of the LAND LOCATED NORTH OF MELROSE AVENUE AND WEST revised preliminary PDH plan differ signlicantlY from the OF PROPERTY OWNED BY THE UNIVERSITY Of IOWA. approved preliminary PDH;and WHEREAS,matenal changes in an approved preliminary WHEREAS,the subject property located north of mates PON pen ghee be Subject to the approval procedures set Avenue end west of property owned by the Ueivaeeety of forth in Sac.36-88.Iowa City Code of Ordinances;end ammer Iowa and more particularly described MMI. S poasenity WHEREAS,it is chi intent e1 the Council that the terms -- - and conditions of the Cprrdtlond Zoning Agreement for the subject property,approved on January 8.1991.Ordinance No.91.3486,not be altered,and remain in force end offset- (� NOW, THEREFORE, BE IT ORDAINED BY THE CITY Printer's fee SQS-q. COUNCIL OF THE CITY OF IOWA CITY,IOWA: cFC11f1N I, APPROVAL. Subject to the seems and conditions of Ordinance No.91-3485,the property described • below retains Its classification of OP3H-1 and the revised CERTIFICATE OF PUBLICATION Preliminary PDH plan submitted by Southgate DevdoPr Mt Company for Walnut Ridge,nPart 2 Is hereby approved. STATE OF IOWA. Johnson County. ss: CDmmereg atthe southeast corner of the fractional southwest menu of Section 7,Towne*, THE IOWA CITY PRESS-CITIZEN 79 NOrth. Range 8 West of t e Frim Principal Meridian;thence S89 07'30-W,332.82 feel airing the south line of said southwest quarter to the mei of beginning: thence continuing SB9°0750'W, - 887.38 feet along said south Line to the southwest corner of the southeast quarter of the Iractional er of ion 7; thence 1, southwest NOOO°23'09-E.1 1074.34 feet alongtthe et lintel Sharon Stubbs, beingdulysworn, saysaid southeast Quarter: thence S89'3e'63'E, 33209 Ieet;thence N45°29'50-E, 183.92 Ieat; that I am the legal clerk of the IOWA thence 575.13'32'E. 79.37 feet: thence S51463'39-E.100.70 Ieet;thence 584°48'34•E. CITY PRESS-CITIZEN, a newspaper 99.71 leen to the northwesterly corms of Lot 3 of Walnut Ridge. Part One; thence 925031'41'E, published in said county, and that a 723.84eees Gong the westMYthe of Walnut Ridge. notice, a printed copy of which is hereto thePan westterly ling op WalnutBRidge.413.58 feet lila attached, was published in said paper Point of Beginningsaid tract of lad contains / 1 time(s), on the following 2299 acres, more or less, and is subject to easements and restrictions DI record. date(s): FCTION I, ZONING MAP.The Building Inspector is hereby authorized end directed to change the Zoning Map of the City XL-1- u ( t / ^ ^/ oflowsCity,Iowa,toconformpurmlos omendmortnencfind ��\1 F ? of Iowa epPwal and rmpublication to oof this ordinance ea provided by law. SECTION III CERTIFICATION AND RECORDING.The Mayor ,/[/�]���f is hereby authorized end directed to sign,and the City CMh 4"-i[�" - V ✓ — to Raet and to•.certify the Ordinance •Nis k.r leeMddl.a in the JOMebn County Recorders Oltes. q ail • me rthe a J- The 19;,...-1Corrchanal Zoning Agreement fm the eublece Poe MY dated March 19,1990 and approved by in I rice No.91-3485, dated January 8,1991,shall remain in force and effect. Legal Clerk SECTION V REPEAL@1. All ordinances and parts of Sehereby re conflict provisionswith the of this Ordinance S are hereby repealed. Subscribed and sworn to before me $EcoON VI. SEVERABILITY II any section, on or Pan of the Ordinance shat be adjusted to be e invalid or I wconstibtunal, such ediudication shall not affect the �///�T/�� � validity of the Ordinance as a whole or and section,provision this �� day oj�/.(.14y _- . A.�. orpatthereof tel adiudEFFECTIVE d DImrepdM uncoiadshall - �✓ VdJ RFPFIM!VII EFFECTIVE DATva Tor Ordnance hall.be in effect after its final passage.approval and publication, as restated by law- 1 99/ aw.199/ Passed and approved this 25th Day Of June. 1991. l ,ALQ AYOR Notary Public �, �/ MARGARET NWS ATTEST- CLtP w.e.v) X ) CITYaHa !o•a(o •9Q 01727 July 3,1191 1/a ORDINANCE NO. 91-3501 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE VILLA GARDEN URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 91-119 passed and approved on the 11th day of June , 1991, adopted an Urban Renewal Plan for an urban renewal area known as the Villa Garden Urban Renewal Plan Area, which project area includes the lots and parcels within the boundaries described as follows: A tract of land consisting of Lot 11 and a portion of Lot 10 of Block 1 Braverman Center, Iowa City, Iowa, more particularly described as follows: Beginning at the southeast corner of Lot 11 of said Block 1, thence N89°33 '40"W, 220. 00 feet along the south line of said Lot 11, to the Northwest Corner of Lot 12 of said Block One; thence S00°26 ' 20"W along the west line of said Lot 12 , 90. 00 feet to the Southeast Corner of Lot 10, of said Block 1; thence N89°33 ' 40"W along the south line of said Lot 10, 254 . 26 feet to the easterly line of an existing stormwater storage easement; thence N00°26 ' 20"W along said easement line, 75 . 00 feet; thence N29°34 ' 50"W along said easement line, 44 . 90 feet; thence N59°32 ' 57"W along said easement line, 66. 22 feet; thence N89°33 ' 40"W along a line parallel with, and 3 . 00 feet south of said easement line, 182 . 93 feet; thence N00°26 ' 20"E, 123 . 00 feet to a point on the southerly right-of-way line of Cross Park Avenue; thence S89°33 ' 40"E, along said right-of-way line, 722 . 00 feet; thence southeasterly 23 . 56 feet along a 15. 00 foot radius curve, concave southwesterly, whose 21. 21 foot chord bears S44°33 '40"E, to a point on the westerly right-of-way line of -1- AHLERS.COONEY.DonEILEH.HAYNIE.SJIITH s..ILLREE.N. ATTORNEYS AT LAW DES MOINES.IOWA I"1 Broadway Street; thence S00°26 '20"W along the westerly right-of way line of Broadway Street, 165. 00 feet to the Point of Beginning. Said tract of land contains 3 .275 acres, more or less and is subject to easements and restrictions of record. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance said Urban Renewal Project; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403 . 19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Project Area known as the Villa Garden Urban Renewal Project Area, as legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2 . That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in said Villa Garden Urban Renewal Project Area upon the total sum of the assessed value on the assessment roll of January 1, 1990, being the first day of the calendar year preceding the effective date of this Ordinance, shall be allocated to and when collected be paid into the Fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. Section 3 . That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and the interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403 .9 and 403 .12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance in whole or in part projects undertaken pursuant to the Villa Garden Urban Renewal Project Program, except that taxes for the payment of bonds and interest of each taxing district levying taxes on said project area shall be collected against all taxable -2- :\IILEHS.COON E1.U011p'EILEII IIAI17E.SMITH A.ILLBEE.EC. ATTORNEYS AT LAW DES MOINES.IOWA I1 property within the project area without any limitation as hereinabove provided. Section 4. All taxes levied and collected upon the taxable property in said Villa Garden Urban Renewal Project Area shall be o paid into the funds of the taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes unless or until the total assessed valuation of the taxable property in said Urban Renewal Project Area shall exceed the total assessed value of the taxable property in said Urban Renewal Project Area on the date of adoption of this Ordinance. Section 5. At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Iowa City hereinabove in Section 3 referred to have been paid, all monies thereafter received from taxes upon the taxable property in the Villa Garden Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of -this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403 . 19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403. 19 of the Code of Iowa with reference to said Urban Renewal Project and the territory therein. -3- d11LERS,I:OUSEY,UURR'EILER,ILWNIE.SMITII&ALLBEE.RC. ATTORNEYS AT LAW DES MOINES,IOWA I'i Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. ayor Attest: / 7 Citylefk�, Read First Time: June 25th , 19 91 Vote for passage: 7/0 Read Second Time: Waived , 19_ Vote for passage: Read Third Time: T„ly 9 , 19q1 Vote for passage: PASSED AND APPROVED: July 9 , 1991 I, Marian K. Karr , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. 91-3501 passed and approved by the City Council of said City at a meeting held July 9,1991 , signed by the Mayor on July 9 -, 1991, and published in the Iowa City Press Citizen on July 17 , 1991. 7e k 1941/4. City Clerk, Iowa City, Iowa (SEAL) c10714024rmx0604333 -4- \11106 COOSEI'.00NIPEILEH.H U NEE.SMITH&SLLBEE.EC. ATTORNEYS AT LAW DES MOINES.IOWA Irl spry•TY- TW .. �:Z:1,4... a• I 1147 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3501 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of July , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of July 19 91 Dated at Iowa City, Iowa, this 9th day of August , 19 91 . Sue Joha /es Deputy Ci Clerk CIVIC CENTER • 410 E. WASHINGTON ST. Q,¢y� tii PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 ����� FAX(319) 356-5009 • \farl� i7 U'y - 7/- � 3501 by a- frairasied-ld g17, OFFICIAL PUBLICATION ORDINANCE NO.91.3501 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL //o^ '/ PROPERTY LOCATED WITHIN THE VILLA Pr Puner s fee 5q 7 GARDEN URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY,COUNTY OF JOHNSOTHE CERTIFICATE OF PUBLICATION BENEFIT OF STATE AE IOWA, IOWA,CITY ITYFOOF IOWA CITY, OUNSY Y OF OFTOWN,CITY OF STATE OF IOWA. Johnson County. ss: IOWA CITY,UNITY SCHOOL OLDIJOHNSTRICT,ON,IOWA CITY COMMUNITYSCRNG IC SDIE PAID AND THE IOWA CITY PRESS-CITIZEN OTHER FUIN FOR PAYME NT OF IO TOA PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS,INCLUDING BONDS ISSUED OR TO BE ISSUED,INCURRED BYSAIDCITY I - IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. WHEREAS,the City Council of the City of Iowa Sharon Stubbs, being duly sworn, Say Chat I am the legal clerk of the IOWA presscriibbedd'bafter andhpursuant to Resolic notice and lution No. I CITY PRESS-CITIZEN, a news a er 91-119 passed and approved on the 11th day of P P June,1991,adopted an Urban Renewal Plan for an published in said county, and that a urban renewal area known as the Villa Garden notice, a r nted co Urban Renewal Plan Area, which project area P py of which is hereto includes the lots and parcels within the bound- attached, was published in said paper aries described as follows: time(s), on the followin A tract of land consisting of Lot 11 and a g portion of Lot 10 of Block 1 Braverman date(s): Center, Iowa City, Iowa, more par- ticularly described as follows: `y Beginning at.the southeast corner of Zit y i t f I i g/ 3of11�'oW id 220.00k 1,thence feet along h�sou h '/�� J line of said Lot Il,to the Northwest C"''i%i ^ Corner of Lot 12 of said Block One; r'TJ'^—IG//~L/IC///,ham thence S 00 Deg.26'20"W alongthe west line of said Lot 12,90.00 feet tolhe Southeast Corner of Lot 10, of said Block 1; thence N 89 Deg.33' 40"W Legal Clerk - along.2feeet touthe th )easterine of y line oid tf an existing stormwater storage ease- Subscribed and sworn to before me ment; thence N 00 Deg. 26' 20" W along said easement line,75,00 feet; thence N 29 Deg.34'50"W along said easement line,44.90 feet;thence N 59 this c2(�__ da O Deg, 31'57"W along said easement y A.D. line,66.22 teet; thence N 89 Deg.33' 40"W along a line parallel with,and 19/ 3.00 feet south of said easement line, 0 182.93 feet; thence N 00 Deg.267'20" E,123.00 feet to a point on the south- ,�//� erly right-of-way line of Cross Park �I74 /L,( < Avenue; thence S 09 Deg.33'40"E, // '' along said right-of-way line, 72X.00 Notary Public feet; thence southeasterly 23.56 feet I along a 15.00 foot radius curve,con- cave southwesterly, whose 21.21 foot I chord bears S 44 Deg.33'40"E,to a . - T,..• point on the westerly right-of-way line of Broadway Street; thence S 00 Deg. V° '�� 26'20"W along the westerly right-of- way line of Broadway Street, 16500 feet to the Point of Beginning. Said tract of land contains 3.275 acres, more or less and is subject to ease- ments and restrictions of record. • WHEREAS,expenditures and indebtedness are anticipated to be Incurred by the City of Iowa City, Iowa in the future to finance said Urban Renewal Project;and WHEREAS,the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation In the Urban Renewal , Project Area,as above described,in accordance with the provisions of Section 403.19 of the Code of Iowa,as amended. 17 aia - o I MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: Section 1.That the taxes levied on the taxable property in the Urban Renewal Project Area known as the Villa Garden Urban Renewal Project Area, as legally described in the pre- amble hereof,by and for the benefit of the State of Iowa,City of Iowa City,County of Johnson,Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2.That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in said Villa Garden Urban Renewal Project Area upon the total sum of the assessed value on the assessment roll of January 1, 1990,being the first day of the calendar year preceding the effective date of this Ordinance, shall be allocated to and when collected be paid into the Fund for the respective taxing district as taxes by or for said taxing district Into which all other property taxes are paid. Section 3.That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City,Iowa hereby established,to pay the principal of and the interest on loans,monies advanced to, indebtedness, whether funded, refunded, as- sumed or otherwise, including bonds or obliga- tions issued under the authority of Section 403.9 and 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City,Iowa,to finance of refinance in whole or in part projects under- taken pursuant to the Villa Garden Urban Re- newal Project Program,except that taxes for the payment of bonds and interest of each taxing district levying taxes on said project area shall be collected against all taxable property within the project area without any limitation as here- inabove provided. Section 4.All taxes levied and collected upon the taxable property in said Villa Garden Urban Renewal Project Area shall be paid into the funds of the taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes unless or until the total assessed valuation of the taxable property in said Urban Renewal Project Area shall exceed the total assessed value of the taxable property in said Urban Renewal Project Area on the date of, adoption of this Ordinance. Section 5. At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Iowa City hereinabove in Section 3 referred to have been paid,all monies thereafter received from taxes upon the taxable property in the Villa Garden Urban Renewal . Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6.All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as de- scribed above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to said Urban Renewal Project and the territory therein. Section 7.This Ordinance shall be in effect after its final passage, approval and publication as provided by law. ro= ' City .1 t1D973 July 17,1991 167 byzitectid goley, . OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.91-3501 CITY,IOWA: AN ORDINANCE PROVIDING THAT GEN- Section 1.That the taxes levied on the taxable ERAL PROPERTY TAXES LEVIED AND properly in the Urban Renewal Project Area COLLECTED EACH YEAR ON ALL PROP- known as the Villa Garden Urban Renewal ERTY LOCATED WITHIN THE VILLA GAR- Project Area, as legally described in the pre- DEN URBAN RENEWAL PROJECT AREA, IN amble hereof,by and for the benefit of the State of THE CITY OF IOWA CITY,COUNTY OF JOHN- Iowa,City of Iowa City,County of Johnson,Iowa ate. SON, STATE OF IOWA, BY AND FOR THE City Community School District Community BENEFIT OF THE STATE OF IOWA,CITY OF School District,and all other taxing districts from IOWA CITY, COUNTY OF JOHNSON, IOWA and after the effective date of this Ordinance shall CITY COMMUNITY SCHOOL DISTRICT AND be divided as hereinafter in this Ordinance pro- OTHER TAXING DISTRICTS, BE PAID TO A vide& Punter's fees SPECIAL FUND FOR PAYMENT OF PRINCI- Section 2.That portion of the taxes which would PAL AND INTEREST ON LOANS, MONIES beproduced by the rate at which the tax is levies ADVANCED TO AND INDEBTEDNESS, IN- each year by or for each of the taxing districts CERTIFICATE OF PUBLICATION CLUDING BONDS ISSUED OR TO BE ISSUED, taxing property in said Villa Garden Urban INCURRED BY SAID CITY IN CONNECTION Renewal Project Area upon the totalsum of the STATE OF IOWA. Johnson County. ss: WITH SAID URBAN RENEWAL REDEVEL- assessed value on the assessment roll of January OPMENT PROJECT. 1, 1990,being the first day of the calendar year THE IOWA CITY PRESS-CITIZEN WHEREAS,the City Council of theCity of Iowa preceding the effective date of this Ordinance, City, Iowa, after public notice and hearingas shall be allocated to and when collected be paid y p into the Fund for the respective taxing district as prescribed by law and pursuant to Resolution No, taxes by or for said taxing district into which all 91-119 passed and approved on the 11th day of oche property taxes are paid. June,1991,adopted an Urban Renewal Plan for an I urban renewal area known as the Villa Garden in excesscei of the hbase rperiod taxestion of the xdeterm nedras Urban Renewal Plan Area, which project area provided in Section 2 or this Ordinance shall be Sharon Stubbs, being duly sworn, say ares describeludes the d tas folls ows: allocated within the bound- Sharon to and when collected be paid into a that I am the legal clerk of the IOWA A tract of land consisting of Lot 11 and a special fax increment fund of the City of Iowa portion of Lot 10 of Block 1 Braverman City,Iowa hereby established,to pay the principal CITY PRESS-CITIZEN, a newspaper Center, Iowa City, Iowa, more par- of and the interest on loans,monies advanced to, published in said count and that a ularly described as follows: indebtedness, whether funded, refunded, as- published Beginning at the southeast corner same&or otherwise, Including bonds or obtiga- notice, a printed copy of which is hereto of Lot 11 of said Block 1,thence lions issued under the authority of Section 403.9 attached, Was N89 degrees 33'40"W,220.00 feet and 403.12 of the Code of Iowa, as amended, published in said paper along the south line of said Lot 11, incurred by the City of Iowa City,Iowa,to finance time(s), on the following to the Northwest Corner of Lot 12 or refinance in whole or in part projects under- of said Block One; thence 500 taken pursuant to the Villa Garden Urban Re- date(s): degrees 26'20"W along the west newel Project Program,except that taxes for the • �� line of said Lot 12,20.00feet to the payment of bonds and Interest of each taxing / Southeast Corner of Lot to,of said district levying taxes on said project area shall be Block 1; thence N89 degrees collected against all taxable property within the / 33'40"W along the south line of project area without any limitation as here- said Lot 10, 254.26 feet to the inabove provided. easterly line of an existing Section 4.All taxes levied and collected upon the 4ethenceater storage easement; taxable property in said Villa Garden Urban L� _« fie/ thence N00 degrees 26'20"W Renewal Project Area shall be paid into the funds along said easement line, 75.00 ofid the d stricts io thes ssame manneas taxes r as allrotsor herr feet;thence N29 degrees 34'50"W taxing Le al Clerk along said easement line,44.9D property taxes unless or until the total assessed g feet;thence N59 degrees 32'57"W Renewal of the taxableAraproperty exceed said Urban along said easement line, 66.22 Renewal Project Area shall the total assessed value of the taxable property in said Subscribed and sworn to before me feet;thence N89 degrees 33'40"W along a line parallel with,and 3.00 Urban Renewal Project Area on the date of feet south of said easement line, adoption of this Ordinance. 182.93 feet; thence N00 degrees Section 5. At such time as the loans, monies this_ __ dayof advanced, bonds and Interest theron and In- debtedness of the Cityof Iowa Cityhereinabove the southerly right-of-way line of ,alni in Cross Park Avenue; thence 589 Section 3 referred to have been paid,all montes 199/. degree 33'40"E,along said right- hereafter received from taxes upon the taxable of-way line, 722.00 feet; thence property in the Villa Garden Urban Renewal southeasterly 23.56 feet along a Project Area shall be paid into the funds for the �� 15.00 foot radius curve, concave respective taxing districts in the same manner as 4-43 r aux ea southwesterly whose 21.21 foot taxes on all other property. chord bears 544 degrees 37'40"E, Section 6.All ordinances or parts of ordinances Notary Public to a point on the westerly right-of- in conflict with the provisions of this Ordinance way line of Broadway Street; are hereby repealed. The provisions of this MARGARET RIOS thence SO0 degrees 26'20"W along Ordinance are intended and shall be construed so the westerly right-of-way line of as to fully implement the provisions of Section ' Street, 165.00 feet to 403.19 of the Code of Iowa, as amended, with • -n /Q., 6• a, Broadway Point f Beginning.Said tract respect to the division of taxes from property of land contains 3.275 acres,more within the Urban Renewal Project Area as de- or less and is subject to ease- scribed above. In the event that any provision of mems and restrictions of record. this Ordinance shall be determined to be contrary WHppEREAS,expenditures and Indebtedness are apto law,it shall not affect other provisionsshall or IoanwaInthe futureated to ncurred to finance said Uthe rban Renewof lowa al times cbe construed toation of this fully invoke dinance cthe sprolvisionls Project;and of Section 403.19 of the Code of Iowa with reference WHEREAS,the City Councll,of the City of Iowa to said Urban Renewal Project and the territory City, Iowa desires to provide for the division of thereto. revenue from taxation in the Urban Renewal `Seinal passage,7.Tnls Ordinance shall be ineffect licatiafter Project Area,as above described,in accordance Its final approval and publication as with the provisions of Section 403.19 of the Code of providedrby law. Jowa,asamended. JOHN McDONALD,Mayor NOW,THEREFORE, BE IT ORDAINED BY Attest:MAR IAN K.KARR,City Clerk THE CITY COUNCIL OF THE CITY OF IOWA 13793 August7,1991 17 J1N r )r .. ORDINANCE NO.91-3502 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA,BY AMENDING SECTIONS 17- 2, 17-4, 17-5, AND 17-7 TO ENSURE THAT CERTAIN HOUSING REQUIREMENTS ARE CONSISTENT WITH THE CURRENT BUILDING AND ZONING CODES, AND TO CLARIFY CERTAIN OTHER EXISTING PROCEDURES. BES IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by inserting the new definition "rental property" to be codified the same to read as follows: Sec. 17-2. Definitions RENTAL PROPERTY shall mean any dwelling not owner occupied, regardless whether rent is paid. SECTION 2. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-4(a)thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-4. Certificate of structural compliance and rental permit. (a) REQUIREMENTS FOR RENTAL PROPERTY. It shall be a violation of this Code for any person to let to another for rent and occupancy any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner- occupied,single-family dwellings,containing no more roomers than permitted by the zoning ordinance), or rooming houses unless: SECTION 3. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-4(f)thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-4. Certificate of structural compliance and rental permit. (f) RENTAL PERMIT. A rental permit shall be a document indicating compliance with section 17-7 of the housing code at the time of issuance and shall be valid for a specified period of time. The document shall be transferable from one owner or operator to another at any time prior to its expiration, termination, or revocation. The owner or operator shall notify the department of housing and inspection services of any change of interest or ownership in the property within thirty (30) days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event that the department of housing and inspection services has not been notified of such conveyance of transfer within the designated period (el Ordinance No. 91—'3S07 Page 2 of time, the rental permit shall be transferred from one owner or operator to another only upon payment of a fee,the amount of which shall be established by resolution of the Iowa City Council, which shall be assessed to the new owner or operator. The rental permit shall state the date of issuance, the address of the structure to which it is applicable, the name of the owner or operator to which it is applicable, and its expiration date, All dwelling units androoming units being let for rent and occupancy without a valid rental permit may be ordered vacated. SECTION 4. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-5(i)(1)thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-5. Minimum structure standards for all dwellings. (i) Exits. (1) Every structure containing a dwelling unit or dwelling units or structure containing a rooming unit or rooming units or a combination thereof shall comply with the following exit requirements. (a) Every structure or usable portion thereof shall have at least one exit. (b) Single family and duplex structures over 3,000 square feet in gross floor area shall have access to two exits. (c) Multiple dwellings and rooming houses. Every dwelling unit and rooming unit within a rooming house shall have access to two (2) exits. (d) Where only one exit is required, it shall be a continuous and unobstructed means of egress which discharges directly or via corridors or stairways to publicway. (e) Where at least two (2) exits are required, they shall be independent, unobstructed means of egress remote from each other and both shall discharge directly or via corridors or stairways, or both, to a publicway or yard. If both means of egress are designated to a common corridor, they shall be in opposite directions immediately upon exiting the dwelling unit or rooming unit except that a common path of travel may be permitted for the first twenty (20) feet. (Dead- end corridors shall not exceed twenty (20)feet in length.) Exception: Fire escape - any existing fire escape shall not be deemed a sufficient means of egress unless it is in compliance with the fire codes of the State of Iowa and the City of Iowa City. (f) Basements and floors above the second story shall have not less than two (2) exits except when such floors or basements are used exclusively for the service of the building. . ( S Ordinance No. 91-3502 Page 3 Exception: Dwelling units and/or rooming units in a basement may have access to only one common exit when the occupant load served by that exit does not exceed ten. Escape and rescue window(s) must be supplied for each sleeping room. Such window(s) shall comply with the Uniform Building Code specifications. Exception: Existing third floor and attic areas less than 500 square feet may be used as habitable rooms if the following conditions are met. (1) One exit fully meets Uniform Building Code to the outside of the building. (2) The other exit can be a"class C"fire escape which complies with the State of Iowa fire code. If access to the fire escape is through a window such window must meet the Uniform Building Code requirements for escape and rescue windows. (g) Doorway size - Every doorway providing ingress or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and two (2) feet wide. SECTION 5. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-5(n)(3)thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 17-5. Minimum structural standards for all dwellings. (n) Minimum space, use and location requirements. (3) SLEEPING ROOMS. In every dwelling unit of two (2) or more rooms and every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least forty (40) square feet of floor space for each additional occupant thereof. SECTION 6. That Chapter 17 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 17-7 thereof,and enacting in lieu thereof a new section to be codified the same to read as follows: 17-7 RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES. (a) Maintenance of structure. (1) Every foundation, roof,floor,wall,ceiling,stair, step, elevator, handrail, guardrail, porch, sidewalk, and appurtenance thereto shall be maintained in a safe and sound condition and shall be capable of supporting the loads that normal use may cause to be placed thereon. (2) Every foundation, floor, exterior wall, exterior door, window, and roof shall be maintained in a weathertight, watertight, rodentproof, and insectproof condition. ' I5 Ordinance No.91-3502 Page 4 (3) Every door,door hinge,door latch,door lock or any associated door hardware shall be maintained in good and functional condition and every door,when closed, shall fit well within its frame. (4) Every window, existing storm window, window latch, window lock, aperture covering, and any associated hardware shall be maintained in good and functional condition and shall fit well within its frame. (5) Every interior partition, wall, floor, ceiling, and other interior surface shall be maintained so as to permit it to be kept in a clean and sanitary condition. All building interior public and service areas shall be maintained in a sanitary condition. (b) Maintenance of accessory structure. Every foundation, exterior wall, roof,window, exterior door, and appurtenance of every accessory structure shall be so maintained as to prevent the structure from becoming a harborage for vermin and shall be maintained in a good state of repair. (c) Rainwater drainage system. All gutters,downspouts, and associated or other roof drainage equipment on the premises shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure(s). All cisterns or similar water storage facilities shall be securely covered or protected. (d) Grading, drainage and landscaping of premises. Every premises shall be graded and maintained so as no stagnant water will accumulate or stand thereon. Every premises shall be graded and drained in a manner to cause the flow of rainwater or other surface water away from the structure(s). Every premises shall be continuously maintained by suitable landscaping with grass, trees, shrubs, planted ground cover,or other landscaping materials. Landscaping shall be designed and maintained to prevent erosion and control dust. Exception: This chapter shall not affect the existence of approved stormwater detention systems. (e) Chimneys and flue piping. Every chimney and all flue piping shall be adequately supported,maintained clean and in a good state of repair. (f) Protection of exterior wood surfaces. All exterior wood surfaces of a dwelling and its accessory structures, fences, porches, and similar appurtenances shall be protected from the elements and against decay by non-lead-based paint or other approved protective coating. Exception: where it can be demonstrated that the exterior wood surface is comprised of a type of species of wood or has been treated in such a way as to cause it to be especially resistant to decay or infestation,the wood surface in question,if approved let Ordinance No. 91-3502 Page 5 by the inspector, shall be exempted from the above- listed requirement. (g) Exiting. Every means of egress shall be maintained in good condition and shall be free of obstruction at all times. Fire escapes,exit corridors, exit stairways, escape and rescue windows, and any other means of egress shall be maintained in a good state of repair at all times. Exit signs, emergency exit lighting, early warning alarm systems, and sprinkler systems shall be maintained in good condition at all times. (h) Screens and storm windows. On structures having interchangeable storm windows and screens the owner or operator of the premises shall be responsible for hanging all screens and storm windows except when written agreement between the owner and the occupant provide otherwise. Screens shall be provided no later than the first day of May of each year and storm windows shall be provided no later than the first day of November of each year. All windows manufactured to be operable for ventilation shall be provided with screens of not less than sixteen (16) mesh per square inch. Exception: windows in areas not accessible to tenants or areas which are exclusively service areas shall be exempted from screen requirements. All single-pane windows which serve habitable rooms and bathrooms shall be provided with storm windows. (i) Electrical system. The electrical system-of every dwelling or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, improper fusing, or for any other cause, expose the • occupants to hazards of electrical shock or fire, and every electrical outlet, switch, and fixture shall be complete as manufactured dnd maintained in a good and safe working condition. Only approved extension cords and multi-plug adapters or other devices approved by the inspector shall be allowed. All electrical wiring newly installed or replaced shall be in compliance with the National Electrical Code. (j) Plumbing system. Every supplied plumbing fixture, water piping,and waste piping shall be maintained in a good and sanitary condition. All plumbing installed or replaced shall be so designed as to prevent contamination of the water supply through backflow, back siphonage, or cross-connection. All plumbing newly installed or replaced shall be in compliance with the Uniform Plumbing Code. A minimum water pressure of 15 lbs. shall be maintained to all open outlets at all times. (k) Gas piping and appliances. All gas piping shall be properly installed, properly supported and shall be maintained free of leaks,corrosion,or obstruction so as to reduce gas pressure or volume. Every gas appliance shall be connected to a gas line with solid metal piping or approved listed metal appliance connector preceded by an approved listed shutoff 1$ Ordinance No. 91-3502 Page 6 valve. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. All gas piping shall be in compliance with the Uniform Plumbing Code. (I) Maintenance of heating and supplied cooling equipment. The heating equipment of each dwelling shall be maintained in good and safe working condition and shall be capable of heating all habitable rooms,bathrooms and toilet rooms located therein to the minimum temperature required by this Code. Supplied cooling equipment shall be maintained in a good and safe working condition. However, heating and supplied cooling equipment shall not be required to be maintained operational condition during that time of the year when said equipment is not normally used. No combustible material shall be stored within three feet of a fuel burning furnace and/or fuel burning hot water heater. (m) Kitchen and bathroom flooring. Every toilet room, bathroom, and kitchen floor surface shall be • constructed and maintained so as to permit such floor to be easily kept in a clean, dry, and sanitary condition. (n) Supplied facilities. Every facility, utility, and piece of • equipment required by this Code and/or present in the unit and/or designated for the exclusive use of the occupants of said unit, at the time that either the rental agreement is signed or possession is given, shall function safely and shall be maintained in proper working condition. Maintenance of facilities, utilities, and equipment not required by this Code shall be the owner's responsibility unless stated to the contrary in the rental agreement. No supplied facility shall be removed, shut off or disconnected from any occupied dwelling unit or rooming unit except for such temporary interruption(s) as may be necessary while actual repairs,replacements,or alterations are being made. (o) Equipment rooms. Boiler rooms, mechanical rooms and electrical panel rooms shall not be used for the storage of combustible material or equipment. A minimum three feet clearance shall be maintained in front of electrical panels and disconnects. (p) Pest extermination. Whenever infestation exists in two (2) or more dwelling units or rooming units of any dwelling, or in the shared or public parts of any • dwelling containing two(2)or more dwelling units or more than one rooming unit, the extermination thereof shall be the responsibility of the owner. (q) Fire protection. All fire extinguishing devices and all early warning fire protection systems shall be maintained in good working condition at all times. All fire protection equipment and early warning equipment shall be maintained in compliance with the Uniform Fire Code,the State of Iowa Fire Code, and the Iowa City Fire Code. �2' Ordinance No. 91-3502 Page 7 (r) Guardrails and handrails. All guardrails and handrails shall be maintained in a safe and sound condition at all times. Guardrails shall be provided where there is an abrupt elevation change exceeding thirty inches (30") adjacent to pedestrian areas. Guardrails and handrails which are newly installed or replaced shall comply with the Uniform Building Code. (s) Sealed passages. All pipe passages, chutes and similar openings through walls, floors, or ceilings shall be adequately closed or sealed to prevent the spread of fire or the passage of vermin. (t) Trees,shrubs,and vegetation. All trees,shrubs, and other vegetation shall be maintained in a manner which prevents damage or decay to a structure(s). Trees required by the Iowa City Tree Ordinance shall be maintained. (u) Owner to let clean units. No owner or operator shall permit occupancy of any vacant dwelling unit or rooming unit unless it is clean, safe, sanitary and fit for human occupancy. (v) Exterior area maintenance. Every owner or operator shall be responsible for maintaining the exterior areas in a safe, clean, and sanitary condition. (w) Maintenance of fences. Every fence shall be maintained in a good state of repair. All fences shall comply with the Iowa City Zoning Ordinance. (x) Garbage facilities. Every owner of a dwelling or rental structure shall supply adequate facilities for the disposal of garbage and solid waste which are approved by the inspector and/or are in compliance with the Iowa City Garbage, Trash, and Refuse Ordinance. (y) Occupancy requirements. 1) A dwelling unit shall not be occupied by a number of persons greater then allowed by the Iowa City Zoning Ordinance. 2) No room shall be used as a habitable room unless certified as a habitable room at the time the Certificate of Structural Compliance is issued. (z) Cooking in rooming units. No owner or operator shall knowingly allow the use of cooking equipment within any rooming unit. SECTION 7. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION 8. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Ordinance No. 91-3502 Page 8 Passed and approved this 9th Day Of July, 1991. IZ71- I / a �C "-d-C MAYOR ATTEST: )1 71 • a�tn_/ CITY CL K Approv_. by ' ata Cites lorney's Ofig• H:\chap 17 ord It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney Horowitz Kubby Larson McDonald Novick First Consideration 6/25/91 Moved by Novick Seconded by Horowitz. Vote for passage AyEs: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published July 17, 1991 Moved by Courtney, seconded by Horowitz, 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 first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None I$ III rnalf "S..i4AIReCirairr-74 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3502 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 9th day of July , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 17th day of July 19 91 . Dated at Iowa City, Iowa, this 9th day of August , 19 91 . At hann Deputy CityClerk CIVIC CENTER • 410 E. WASHINGTON ST. glaCie • PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 3FAX(719) 736-3009 "e for W ' 4 016 U 01 the CiCoy, maay me'nspeaor,man 0e exempre0 nom me worm / /� City ol Iowa Iowa,.ba,and the se is hereby limed rpurlemenl. (/p upended by repealing Section lT-sli)(r)lnareol,and enacting lel Easing. Every means M press shall be maintained me lieu thereof a new seclion l0 be codified the same to read as in good condition end shall be free of obsv°nbn al follows: all times.Fire escapes,eon condors,sin stairways, Sec.IT'S Minimum 5Ireclure standards lar all dwellings. Maps and rescue windows,and any other means Ph Exits. of egress shall be maintained in a good slate 01 I (1) Every stipule containing a dwelir•g unit en dwelling repair et all limas. Exit sgns,emergency eta units or Arvcwu containing a rooming uric Igheng,early warning alarm;Sterna and epnINlm' rooming units or a combination thereon shall comply systems shall be nus nraramd in good condition el all wnWthe allowing to requirements_ dnleS. 7/Y/y/ nal Every svodure or usable ponos!hereof.shall TN Screens and swim windows. On stacking having Icor inter's fees 7.06 have almann one sort Interchangeable storm windows and screens lb (b) Single family and duplex structures quer 3.000 owner or operator of rite premises shall by square leer in gross floor area shall have responsble or hanging all screens and storm CERTIFICATE OF PUBLICATIO - access lorwoexits. windows except when Torben agreement between (c) Multiple dwellings and nooming houses. Every the owner and the pant provide themisYl1 STATE OF IOWA. Johnson County. ss: d I p a and rooming I within rondo; Sdeens share provided lar. than the firstdah Y house shall have access to I (2)etas d May of each year and Worm windows shalty THE IOWA CITY PRESS-CITIZEN Id) Where orb, ne eye is reneged,d Shad 5aa provided no laier lhan the fm day of November el conlinuous nd unobstructed means d egress eachyear.Ar'.windows movided uretl so be opened* which discharges directly or via corroders or Mr ventilation Shan be °ed with screens°L not stairways lo publgwl less Ivan saber' (lit mesh per square oak. (e) Where edeas!two(21 exits are required,they Exception: windows in areas ere accessible 10 shall be Independent,unobstructed'means ol beams on areas whlce are renareey»rvloe area* °gross remoralrem each 011ier and both shall shall be exempted from screen requirements. M I, dzcharge dlredlyor vier yards or stairways, single-pane windows It beh provided with rooms or polo,l°epublicway or yard. If both meats and bathrooms shall 0° provided with sf°rrn Sharon Stubbs, being duly sworn, say °l egress are daaignaleeleacommon condor, winaawa. they spallbe inapposite dud:ions Immediately (i) Electrical system. The electrical system of ry that I am the legal clerk of the IOWA upon eyeing the dwelling unit nemingee dwelling or accessory alrunure shall not by reason except than a common path off travel may be ol ovmbad:1 g, dilapidation, lack of Insulation, CITY PRESS-CITIZEN, a newspaper perorated for rhe first twenty(20)met(Dead. rmpreedusing,or ler any othusause.xpoaa be published in said count and that a end corridors shall not "`ea °^ (20)feel occupantslohazardsofe'ecrricalshockd°ra•t Yr In.lenglh.l ( every elenncal owlet sone",and Imine shall be notice, a printed copy of which is hereto ompleleasmandacrvredand maintained inageing Fadden: Ere scam any existing fire and sale working neon. Only approved attached was published in said paper gr h h Wb deemed n one means extension mrd a uni.plag adapt ra or der I egress unless Tis in compliancewall the fire devices aldgFOVIddby the inspector M1 ll be allowed. I time(s), on the following Codes Ol he•Slawor lows and the Cry of lows beAll incoriral w,nngpt IhaNatlled on replaced shall date($): Ory. in compliance with Ine National Electrical Code. (1) Basements and floors above the second sorry g) Plumrng system. Every supplied plumbing Nettie, shall haat not loss than Iwo(2)cgs except waler piping.nit waste piping shall. rained In `T` l�� whensuch Moors basements are used goad ods ah oAilplumbing installed Y \/ 1 7 I / 9/ ly l the s ndi building replaced an It besuply designed 1 preyed 7 1 E pt Dwelling 1 0 rooming units ro I nglio I Ili a supply through b chow, in b t Y" only one back p"ana9 cross-connection. All plumbing common wir h the up t bad served newly inslalled or neplaced shall be in oamplarbe by n t' 1 d ed Escape and with the UniformPlumbingCode. A waren rescue tlowraP 1 6 supplied to each p f 15 N shall b theist edlb n open p g am Such d I I haU'm Py It lallt with n UnormBuilding Ce peeek ns (k) Gas piping and appliances. All gas piping shell be properly s\II d properly upponed and shall be Legal Clerk Steepen Epping meld noon and ante areas ID nnedh.eaneksarcorrosion,oneesbochonaa less than 500 square lam may be used as as to reduce gas meso.or volume. Every nasi met roams it the 3°lwwmg conditions are appliance shall be connected lo a gas line with add met. Ill One em fully madaNNlorm 12)Theor metal piping approved'haled metal appliance m Subscribed and sworn to before e Code to the outside el theeu H (2n'building, mnnMor preceded by an approved limed Oda orbs(exit can be a'class C-lire escape which valve. Gas pressure shall-be adequate 10 permit a compliesn the Siate of Iowa bre code. II proper lbw f'gas from all opo aloes MWI escapeaccess nre lye lie htimes through a window t All gva piping shall be in compliance wet the this09 day of A . such window.must mem the un nit lbsr ud Pw bd ig c . Code reqereme:: escape and (1) Marnienance of hearing and supplied coded! windowsequipmentThe eating agreement ol each dwell in g (g). Doorway size - Every doorway providing shall be maintained An good and safe working 19/, ingress or egressfrom y dwelling u1. condition andshallbe P lord ofheating all rooming de onh b bl b ll bl las' habitable rooms,bathrooms d tl rooms boded six dr feet lour a inches high and l 121 therein to the utemperature iedby Ina //Qc QA a I feet were SECTIONS Thal chapter I the Code 0Ordinances Code. Supplied coolingequipment ser ll h 17t" d good and sale °donjon ol r Cly all C y l be, d h '' hereby However;he g and supplied g a pmNotary Public amended by repealing Sedan 17.51n1131bereol and°flabag shall not be Mequeed to be maintained opereta nal I in lieu thereof a new set ion to be codified be same to read as condition during oaf time be year when Said trefloatagreement nor normally used. Nocombustible hywAeU!RIDS Sec 17 Minimum d standards Ion alld nmaterial Pored e' threeIlaNal ( Muerspace. deadrequirements. burning furn furnace feel bebop her wathearer AO.a d 9-1 SISLEEPING ROOMS Ii g eel ol ewy (2) rooms and say rooming use..eery 'birchen and bathroom flooring. Every lolel room, bathroom, and kachen Pow sulace shall be occupied lan sleeping purpose; by c rn"swded aha maintained so as r0 Pndmn such Occupntt shaIt case o at least seve"Iy p0)ied a floor to be easily kepi in a clean,dry,and sanitary leer of flpvr space and every roombhupted lar Sundnied leaping purposes by more than one oocupam shall (n) Supplied Iaclltlles. Everyis ,many,and place el contain at least vi occu)square feet of space ottoman!unit n!required by this Code ander present m __- _ 1°r each has Chsbeeup01 the reol. be unit an°r°r designated ler the exclusive use 01 SECTION 6. Thar Chapter l)°I be Code of Ordinances then ague"Is of said unit,al the timesnat erten the ol OFFICIAL PUBLICATIONthe City or Iowa Gegal y,Iowa.be,and the same is hereby reagreement is signed or possession is given, amended by repealing to segs°"n-nnene°l,dna enacting in nen shag wnpi°n safely and shall be maintained in 9t-3sOz l"eoeoi a new section to be coated the sameo read as proper wand ega'pdiion. Maigaired eo;IacClye, ORDINANCE NO._ ndlows shall ,and equipment nor required by this Code 17-7 RESPONSIBILITIES OF OWNERS RELATING TO shall be the owners Ii apane.bilny unless Sad b AN ORDINANCE AMENDING CHAPTER IT OF THE MAINTENANCE AND OCCUPANCY OF the emrary in the rental agreement. THE CODE OF ORDINANCES OF THE CITY OF PREMISES. • No subbed facility shall pied ved,shut oil IOWA CITY,IOWA,BY AMENDING SECTIONS IT Irl Maintenance of d due-lure or disconnected from any.orupied dwelling uric or T-A, 1T-5, AND 1TR TO ENSURE THAT TN- Every foundation.tool.flow,walrcehng,main, ming °nil except Int such temporary CERTAIN HOUSING REQUIREMENTS ARE slap, elevator. Kendra', guardian, porch, inrerrupronles may be necessary while actual CONSISTENT WITH THE CURRENT BUILDING sidewalk. and eppunend thereto shag be repairs,replacements,or alterations are being made sound AND ZONING CODES, AND TO CLARIFY maintained in a sale and condition and lo). Equipment rooms. Bolen MOMS,mechanical rooms CERTAIN OTHER EXISTING PROCEDURES, she!!be t e le of se to be.g the loads shat and eled0eal panel rooms shall not be used fm the mal use may.cause to be.placed thereon. storage°I mmbodier°material,or equipment. A BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF - minimum three Nei clearance sM1 lib maintained in IOWA DRY,IOWA: 121 Everyl dalionL n II heron front elect and discots. door,window and roof shall ee,ma coned in p a h rtgM. watertight rwdentprool, and fp) Pestexierminarean. Whenever Iexists SECTION 1.Thal Chapter 17 olthe Code 01is Ordinanceset odlI Iwo(2) r dwelling a rooming ' ol of be City I Iowa Cty,b he.and the same s hereby Dany dwelling, in the e shared public pan I any men°edby-naenflg the new dela Tnn'rental propend'to M (3) Every door door hinge,door latch,door Odor dwelling containing two 121 or mune dwelling em units Of caddied the same of Head as Iebws'. any. associated door hardware shad be nit more than one respo use, IM1e owner.Sec.172. Definitions manta".°n good and lanalcodaionand Iberoosshalb theWspoiepuisy ryefow RENTAL PROPERTY shall mean any dwelling nor mrydor whend d.shall la well vegan its (q) Fla prolecf liAll re extinguishingdevices and all barna. ownor occupied.regardless be Code neral is paid. early warning fire protector systems shall be SECTION 2.That Chapter be ol rh Cd letl es (41 Every window,wrong g l window,widow mentioned goodworkingrondl t 111 All el theCityor Cn a,be,and the sir n herebylatch, dohaldw amen covering,and any Yn lie r t Y ung sir ted hardware shall b - a'moned me a i equipment t end emendedpyrepealing5l a co()ed6heIame to ng Yl equipment autd mwal ash lel thereof a new.en tin to besod codified the same to read as good and nand Octal condition and shall lir wall be Uniform Fire Code,the State of Iowa Fire Code. Yellows, within its frame. and Thelows City Fee Code. Sep 174 Cannibals of slmnurel compliance and rental (5) EV°ry Wiener weld.wall,floor,ceiling,and pared. Wh inland rsuex shall be mainlainedooa Irl Guerdalz and 'handnails All guardrads and 10 permit t la be kepi and tannery handrails shall b1 °di l -nd sound (al Rall be af.ENTS FOR RENTALdec PROPERTY. M condign areas All building nteem public and condition at atmos. Guarara shallb prodded shall be er ISr en of thiscoup°rainy peany sondw bbl shall be maintained in a Santis where there s do'Iadii eievatpn change exceeding to another ler n and occupancy any dwolhng, service ry dweimg unit,duplex,multiple dweJmg,rooming unit Maintenance 'any rncnes (SO"1 aOlaceic to pran areas. (except a ledmmg unit or umG whom Dusan- (b) Maintenance of accessory structure. Every Gnlacedz and handrails which are newly installed Or occupied,single-Iamilydwuifunge,conla,nmg no more andapfoundatmnnancer wall.roof,accessoryssow,exterior dear, teprace° shin comply weir Ine uniform Burling roomers Than perminad by the zoning ordinance),or and so maintained acted al every structure shall Code mmg housesless: be t d as top I the snunure from 1 Sealed passages All pipe passages chutes and SECTION 3.Thal Chapter1]-I In CodeIOrdinances becoming .harborage r and shall'be similar openings through wails.Upon or ceilings d In City Coy low e d the hereby maintained good staleI p shall be ad e t ly d eared 1°prevent the amended byrepealing S c io 1]4(11 th -d dog n (c) Aan l drainage Y l .Align downspouts, spread o l thepassage I'verm n. 14u thereon a new sedanto be codified be same noted as and associated w ober rod ruind drainage equipment on (t) Tr»,a,shahs,and halan. launeds snubs and follows: lye premises shall be mamboed'fee good sine 01 ober vegetation shall be aaind m Sep IAA. Centrale elstrveuml compliance and rentor repaird o mstalted astodined unwalr away which prey damage or decay t ta Menslr permA from ther cture(s). All cisternssimilar water Trues squad by the IOW a Oily Tree Ordinanceshall IN RENTAL PERMIT. A menial permit shall be a storage tacuAes shall be securely covered or be maintained' tlocumen Pok sag Compliance permit ith section l)-]ol Protected (u) Owner to/et l n No owner operator shall rho housing cod l the or i and shall (tl) Every 9 tl 9 and Landscaping ol premises. Pe m occupancy t any vis dwelling urn or I Every prem ses shall be graded and montane]» rooming unit team nary and lir b c crake fon a specified pe and el time. The as no pennant' assn Io- coulee or stand 1 humor co p cy. tl m m shall be nand all 1 or thereon Every premises shall be graded and 1( Exterior arEvery owner or operator operator l b la ylimep topralbe. d' eel°causelir ll of nwaee)n) ( D - 'til I maintaining the ederp t aro y aliOn. Theperwor shall en shall nwuly thedepartment 0l nit g d'inspection otherd ter.away I In 1 utlme(s). s a and santary condition irvaes ol any change I interest eon Everypremiseshole continuously -I 'ed by I l Maintenance an IA l Every l shalt be seIli property h thirty (311f days any salable landscaping with grass, trees, Warn. sed 9 0 t P All fshall I'• conveyance Render of interesi Wetting the Lplanted andscaping tl relhlandscaping tech. complyg with rne'1 City 900,. properly and povae be name and address of all Landcap ng shall be designed and ce maintained t0 1 I Garbagebabies. Every own ol a dwelling or persons who have acquuea an interest herein. In. prevent shall nand control dual. Exception: This eon ms wewea shall supply awee toe me chaptershall t affect the existence ol approved 4pyiovdisposal 01 g bage and sold wasteworn are In event that be a p nm I ol R g and sbrm 1 detention apiping. t polo,.ed betn p n°,ands a mol,°"rm 1inspection h nor b IId. 1 such Ys ems • conveyance of Iianzfer within the designated period (e) Chimneys and Ilue pipng. Every chimney ad all wilt be Cry Garbage, Trash. and Refuse Oangshallhe adequately supported.mantaned Ordinance ol time,the rental permit Shall be banslenay clean from clean and in a good slaw of repine. IN Occupancy recruit eme sm hs. one oer°romt l0 anoreronr)upon payment (U Protection,of exterior wood sueaces: NI pruner 1l A Oweli:ng u I shall nor be occupied by a of a lee. p° the of meunr of which shall be eslablphed by wood surfaces ol a dwelling and es accessory number of persons peeler then allowedby rN feesel the Iowa City Council,which shall be a1NClures„ l Wises, porches, and similar Iowa City Toning Ga ane d°. assessed sed Ill the new owner or operator. The rental appurtenances shall be pioneered from the eonunre 2) No s shall be used as a babllabrit room permnzhall stale lire data onissuance,rhe adduce and against decay by d-based paid orother unlesstensed as a habsaee room at the lime ol hii or operator worn II uichA isb!e.the name ol aerove°protective coating- be Candi"ole of Structural Compliance be N. the ownaf°r operator usweain A applicable,and issued its expnmbn dale, All dwelling units and rooming Eaceplbm were II can be demonstrated Whd the NI Cook,ng,n IPOilling units. No Owner or overarm x\ units being let n ant and Occupancy without a veld ear ad surface 'of d s comprised a type , shall knowinglymb fere use°tong equpmm e ne"lal puma may-be ordered'vacated. spades d wood hasbeen treated Uch a way width)any aomieg.ton. _ 'X A Ws and r!t b especiaMut tto decay or Ordinance No. 91-3503 WASTEWATER TREATMENT WORKS USER ORDINANCE An ordinance regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, and the direct discharge of waters and wastes into the Wastewater Treatment Works and providing enforcement thereof. WHEREAS, the City of Iowa City, Iowa has previously accepted offers of grant-in-aid from the United States Environmental Protection Agency (EPA) for reimbursement of a portion of the costs of planning, designing, and construction of a wastewater treatment works; and WHEREAS, the City is required to have a National Pollutant Discharge Elimination System (NPDES) permit to operate its wastewater treatment works; and WHEREAS, all NPDES permit holders must comply with the United States EPA regulations and requirements of the Clean Water Act; and WHEREAS, an ordinance must be submitted to the Iowa Department of Natural Resources which establishes the City's authority to implement and enforce pretreatment standards and requirements, and to regulate all users of the Wastewater Treatment Works. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Iowa City, Iowa: SECTION 1 . Chapter 33, Article II, Divisions 1 , 2 and 5 of the Code of Ordinances of the City of Iowa City, Iowa, are hereby amended by repealing Chapter 33, Article II, Divisions 1, 2 and 5 in their entirety, and enacting in lieu thereof a new Chapter 33, Article II, Division 1, to be codified and to read as follows: WASTEWATER TREATMENT WORKS USER ORDINANCE ARTICLE I GENERAL Sec. 33-71.25 Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Iowa City, Iowa to control all dis- charges to the Wastewater Treatment Works. Sec. 33-71.26 Definitions. Definitions set forth in this chapter shall be applicable to this division. In addition, unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: Building is any structure used or intended for supporting or sheltering any use or occupancy. Ordinance No. 91-3503 2 Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, which begins five (5) feet outside the inner face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, also called "house or building connection." City shall mean the City of Iowa City, Iowa. Combined sewer shall mean a sewer receiving both surface runoff and wastewater. Director shall mean the City Manager or his/her authorized designee. • Easement shall mean an acquired legal right for the specific use of land owned by others. Floatable oil is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. • Holding tank waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Industrial wastewater shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from normal domestic or sanitary wastewater. Infiltration/Inflow(I/1)shall mean clear, unpolluted water which enters the collection system from the ground or uncontrollable sources. May is permissive. (See "shall".) Natural outlet shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 300 milligrams per liter, and a suspended solids concentration of not more than 300 milligrams per liter. Owner shall mean any recognized interest of ownership in real or personal property, including legal and equitable property interests. Person shall include individual persons, user, responsible party, entity, business, firm, corporation, association, partnership, venture, governmental body or agency, or any combination thereof or any agent, representative, or fiduciary thereof. Plumbing official shall mean the person designated by the city to administer and enforce the city codes relating to plumbing. Premises includes any interest in real property, including but not limited to buildings and improvements, whether intended for or used for residential, commercial, or industrial use. Ordinance No. 91-3503 3 Properly shredded refuse shall mean the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewers, with no particle greater than one-half inch in any dimension. Public sewer shall mean a sewer owned by the City. Publicly owned treatment works (POTW) shall mean a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plants, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this division, a POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. Publicly owned treatment works is synonymous with "wastewater treatment works". Refuse shall mean animal and vegetable waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Residential Contributor shall mean any contributor to the City's wastewater treatment works whose lot, parcel of real estate, or building is used only for domestic dwelling purposes. Sanitary sewer shall mean a sewer which carries wastewater and to which storm, surface and groundwaters are not intentionally admitted. Sewer shall mean a pipe or conduit that carries wastewater or drainage water. Shall is mandatory. (See "may".) Slug shall mean any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any periods of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation and will adversely affect the collection system and/or performance of the wastewater treatment works. Storm sewer shall mean a drain or sewer for conveying surface water, groundwater, or unpolluted water from any source. Unpolluted water is water of quality equal to or better than the wastewater treatment works effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment works provided. • User shall mean any person who contributes, causes or permits the contribution of wastewater into the city's POTW. Wastewater shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions. Wastewater treatment works. See "publicly owned treatment works". Ordinance No. 91-3503 4 Watercourse shall mean a natural or artificial channel for the passage of water either continuously or intermittently. ARTICLE II REGULATION Sec. 33-71.27 It shall be a simple misdemeanor, municipal infraction and/or environmental infraction to violate or refuse to obey any rule, regulation, order or provision of this Article II, Division 1. Sec. 33-71.28 District. The entire City is hereby organized into one sewer district. Sec. 33-71.29 Connection required; number of sewers. (a) The owners of all houses, buildings or properties used for human occupancy and/or employment, situated within the jurisdiction of the city in which there is now located or may in the future be located a public sanitary sewer of the city are hereby required, at their expense, to install suitable toilet facilities therein, and to connect such facilities directly to the proper public sanitary sewer in accordance with the provisions of this Division, within ninety (90) calendar days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line, and is accessible without the need to acquire additional property rights. (b) A separate and independent building sanitary sewer shall be provided for every building except as hereinafter provided. (c) A nonresidential development consisting of one or more buildings on one or more lots may, at the discretion of the Director, be served by a private sanitary sewer system, provided that: (1) In association with such development there is the need for a lift station and force main which is an integral part of the private sanitary sewer system; and (2) The private sewer collection system is constructed in accordance with Iowa City Design Standards for Public Improvements; and (3) A single legal entity is established which is responsible for the perpetual maintenance of the private sanitary sewer system. Sec. 33-71.30 Building sewer Installation requirements. (a) Permit required. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director. Nothing in this Division shall be construed or intended to change or modify requirements set forth in Chapter 8, Article VII, of the Iowa City Code of Ordinances (1991). (b) City to be indemnified. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. /9 5 (c) Specifications. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. (d) When drain is too low. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such building drain shall be lifted by means approved by the plumbing official, and shall be discharged to the building sewer for gravity flow into the public sewer. (e) Certain connections prohibited. No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains or other sources of surface water or groundwater directly or indirectly to a public sanitary sewer. (f) Excavations. All excavations for building sewer installation shall be in conformance with Chapter 31, Article II, and Chapter 8, Section 164, of the Iowa City Code of Ordinances (1991). The excavation showing the building sewer and connections shall be kept open until satisfactorily inspected by the City. Sec. 33-71.31 Discharge of unpolluted waters. Stormwater, groundwater and all other unpolluted water shall be discharged only to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the Director. Sec. 33-71.32 Unlawful deposits and discharges. (a) It shall be,a violation of this Ordinance for any person to place, deposit or permit to be deposited, in any unsanitary manner, any human or animal excrement, refuse or other objectionable waste on public or private property within the City or in any area under the juris- diction of the City. (b) It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Division. Sec. 33-71.33 Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any petroleum derivative or flammable or explosive liquid, solid or gas, or any substances which create a fire or explosive hazard in the POTW including, but not . limited to, waste streams with a flashpoint of less than sixty (60) degrees centigrade (140 degrees fahrenheit) using the test methods specified in 40 CFR (Code of Federal Regulations) 261.21. (b) Any waters or wastes containing toxic materials and any other poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, which injure or interfere with any wastewater treatment process, which constitute a hazard to humans or animals, which create a public nuisance or which create any,hazard in the receiving waters of the wastewater treatment works. Ordinance No. 91-3503 6 • (c) Any waters or wastes having a pH lower than 6.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater treatment works, such as but not limited to ashes, cinders,sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups and milk containers, either whole or ground by refuse grinders. (e) Any waters or wastes having five-day biochemical oxygen demand greater than three hundred (300) milligrams per liter, or containing more than three hundred (300) milligrams per liter of suspended solids, and having an average daily flow greater than 25,000 gallons per day shall be subject to the provisions of Article II, Division 6, of this Chapter. The user shall provide, at its own expense, preliminary treatment as may be necessary, in the opinion of the Director, to reduce the biochemical oxygen demand to three hundred (300) milligrams per liter, or reduce the suspended solids to three hundred (300) milligrams per liter, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Director, and no construction of such facilities shall be commenced until said approvals are obtained from the City, in writing. Sec. 33-71.34 Certain wastes permissible upon approval of the director. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes when the Director determines that such wastes can harm either the sewers, wastewater treatment process or equipment, have any adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, construction materials of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment works, degree of treatability of wastes at the wastewater treatment works, and other pertinent factors. The substances which are prohibited, unless approved in writing by the Director, are: (a) Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin. (b) Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 degrees Centigrade). (c) Any refuse that has not been properly shredded. The installation and operation of any refuse grinder equipped with a motor of one horsepower or greater shall be subject to the review and approval of the Director. (d) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not. Ordinance No. 91-3503 7 (e) Any waters or wastes containing objectionable or toxic substances, or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established in Article II, Division 2, Sec.33-76.29(b) and (c) for such materials. (f) Any waters or wastes containing phenols or other taste or odor-producing substances, in concentrations exceeding limits established in Article II, Division 2, Sec.33-76.29(b) and (c) or which, after treatment of the composite wastewater, fails to meet the requirements of state, federal or other public agencies having jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations. (h) Any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate or pollutant concentration which will cause interference. (i) Materials which exert or cause: (1) Unusual concentrations of inert suspended or dissolved solids. (2) Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions. (3) Unusual biochemical oxygen demand, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment works. (4) Volumes of flow, concentrations or both, which constitute a "slug," as defined herein. (j) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment works effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. All problem discharges including accidental spills of substances listed herein, including slug discharges, shall be immediately reported by telephone to the POTW. The caller shall notify the POTW of the location of the discharge, type of waste, concentration and volume and corrective actions. Persons discharging industrial wastewater must comply with this Division and with Article II, Division Two (2) of this Chapter. Sec. 33-71.35 What city may require for hazardous waste discharge. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 33-71.33 and which, in the judgment of the Director, may have a deleterious effect upon /9 Ordinance No. 91-3503 8 the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may: (a) Revoke or cancel the user's permit. (b) Require pretreatment to an acceptable condition for discharge to the public sewers. (c) Require control over the quantities and rates of discharge. (d) Require payment to cover the additional cost of handling and treating the wastes not covered by existing sewer charges. If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and subject to the requirements of Article II, Division Two (2) of this Chapter and all applicable codes, ordinance and laws. Sec. 33-71.36 Grease, oll and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Director, and shall be located as to be readily and easily accessible for cleaning and inspection. Sec. 33-71.37 Maintenance of special facilities. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, the facilities shall be maintained continuously in satisfactory and effective operation by the user. Sec. 33-71.38 Testing, analyses and measurements. All measurements, samples, tests and analyses of the characteristics of waters and wastes to which reference is made in this Division shall be conducted using the methods and procedures in 40 CFR Part 136, and shall be determined at the control manholes provided, or upon suitable samples taken at said control manholes. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. Sampling shall be carried out to reflect the effect of constituents upon the wastewater facilities and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all building sewers of a premise is appropriate, or whether a grab sample or samples should be taken. Normally, but not always,biochemical oxygen demand and suspended solids analysis are obtained from twenty- four-hour composites of all building sewers of a premise, whereas pH's are determined from periodic grab samples. Sec. 33-71.39 Private sewage disposal systems. (a) No person shall construct a private sanitary sewer disposal system without first securing approval from the City. /'1 Ordinance No. 91-3503 9 (b) No private sanitary sewer disposal system shall hereafter be constructed without first obtaining a permit from the Johnson County Board of Health. (c) Design,construction, operation and maintenance of private sanitary sewer disposal systems shall comply with all requirements of the City, the Johnson County Board of Health and the Iowa Administrative Code Environmental Protection Division 567, Chapter 69. (d) Owners of private sewage disposal systems are not relieved from the responsibility of satisfying the requirements of this Division. (e) Private sewage disposal systems include, but are not limited to, mechanical treatment systems, septic tanks, lagoons, and reservoirs. Manure pits, privy vaults and cesspools are prohibited. (f) No private sewage disposal system shall be constructed or installed in water- bearing strata supplying water used for drinking or culinary purposes, nor in any porous soil where seepage or percolating surface or groundwater may carry the pollution or infection of the contents of such system into a well, spring, or any other source of water used as a public or domestic water supply. (g) No private sewage disposal system shall discharge effluent onto any street, alley, or watercourse. Aerobic systems shall discharge effluent directly into the city's wastewater treatment works. Anaerobic systems shall discharge effluent to a subsurface absorption system. (h) No private sewage disposal system shall be constructed within fifty (50) feet of any spring, well, or watercourse, within ten (10) feet of any property line, or within twenty-five (25) feet of any building used for human occupancy. Sec. 33-71.40 Written notice of violation. Any person or user found to be violating any provision of this Division shall be served by the Director with written notice, stating the nature of the violation, and provide a reasonable time for the satisfactory correction thereof. The person or user shall, within the period of time stated in such notice, permanently cease all violations. Sec. 33-71.41 Penalties. Each violation of the provisions of this Division shall constitute a simple misdemeanor, a municipal infraction, or an environmental infraction, and shall be penalized as provided in Chapter 1 of the Iowa City Code of Ordinances. The remedies available to the City for correction of said violations shall be deemed cumulative, and the City's election of one remedy shall not preclude the City from pursuing other available remedies. Each day a violation occurs or continues to exist shall constitute a separate offense. Sec. 33-71.42-33-71.50. Reserved. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful portions and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. /9 Ordinance No. 91-3503 10 SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication as required by law. Passed and approved this 23rd Day Of July, 1991. YOR ATTEST: y. cC . 771(167.4..4->CITY C',ERK • Approve by "Ci Attorney's Office pwad mi n\wastuse r.ord It was moved by Ambrisco and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby x Larson x McDonald x Novick First Consideration 7/9/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration 7/22/91 Vote for Passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Date published 7/31/91 i t a ` r.11mnr-. r".. 1 y F h CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3503 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of July , 19 91 , all as the same appears of record in my office 1n9 and published in the Iowa City Press-Citizen on the 31st day of July , Dated at Iowa City, Iowa, this 9th day of August , 19 91 ",x,, Sue Johann Deputy Ci lerk • CIVIC CENTER • 410 E. .WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX (3I9) 356-5009 N�`,§ I q 67Q �Sd� SECTION T SEVEfl0.81LITY. II any of the provisions of � Ihn Ord^arce me for any season declared illegal or void,then theIaydul pov cions of than Ordinance are deemed severable and shall remain in full lorce and elect. SECTIONS All s of t is O m pans d ordinances.n conflict weh the provisions of This Oidmance are hereby repealed SEIE in 1W11wce aandd enact tram and al alter ns final p ssage eapprovATE,This Ordinancshall a and publication.as p ov.ded by law. Passed and approved NS 9th Day Of ]uly 1991_. /GAVOR ATTEST:,/ . CITY CI.E K July 17,1991 00971 1Q Se 31713g Dischargeendo p tMroPwaters. r 5twee groundwater end all pNed water shall b discharged ny 1 such sewers are specifically 4 t (3) Unusual bladamical oxygen demand, chemical- - "1 •) designated as storm sewers or anatural ttroved b oygen demand, chic !requirements a co 7/ ✓ i W Director. Industrial olag:wAtrrunpoiha Gmola suchast constitute asignificantload • Waters may be discharged to storm Baer oro natural { thetreatment works I app l ef the Director. lMi 1 (4) Volumes of bw,concentrations orboth tech ! Sc.33.7132 Unlawful deposits and discharges , 1 tel irposbabetatron dOrdinancel r anys constitute a l pas-defined herein! I toplace,deposit w permit t be deposted,Nem Mabreve ' WL or wastes containing substances whicham /' 421 manner,any human or animal excrement, w or m*en , not amenable to treatment or reduction by the wastewMer vestment process employed, 1objectionablew 1 public privateproperty within the City, amenable to I eaen only to h degree mat the or In any area under the jeisdictionlac of the 07 r wale alert ab nth ks Mem anal diction (b) It shall be unlawfulto discharge to any natural outlet rq mM decd conic h cpm within theCRY,or nay re ,waters,except ,The CM, p di disc to the receiving waters any wastewater on otherpollutedwaters,except where suitable All.problem schemes Including accidental spite el be treatment has been provided m accordance.with subsequent substances gated herein,including slug discharges, i Immediately Sported by ti thePOTW. The caller provisionsSc3-74 -0Nprohi r. a shall notify thePOTW of the location of the discharge,type of I Sp.person 83 Prohibited discharges.no 1w ste,con t aim n rW' num nda dM°actions No personhat discharge or cause o be discharged eM 1 Perm dischargingmdul est alarmust rornpt d the following demised waters or wastes to any pubrR il wire this Division and whh Arbcl II Division Two(2)of this t aewere: •.Chapter, (a), My petroleum derivative u stadenwhichcreatea ( Sec.S3,7135 Whet' city may tequila for hamrdous. liquid,sale of gas,oz any hP0aa including, in ,create a I waste discharge. i tire.orexplosiveto, hazard In the POTW Ip0NPg;ees If any waters dr wastesaetlscharged .are proposedo tnal hen sIetl lo,waste streams with elleahpolnr of less , be discharged to the pubilca w n Which waters contain the. 1 than Beit (60)uvidegrees centigrade (140 degrees _� Lean or possess the characteristics enumerated in CFR(Cold)usingthelRe mNhrtl)26121lvJ tic 40 1 Section 3341,33 and which, the judgment al theDirector, CFR(Codeof Federal Regulations)ting to)is ma e I may haved emu abed uponthewastewater facilities(b) anyy waters or dude containing www mdgea edit .I onesequipmentoc rerelNnp waters wki h merwise I any other poisonous Ii liquids 0r.gases In ! t przthe'sufficient quantity, dee Ingo or by interaction with 1 create a hazard la We°r.m Nut public nuisance,e, Director may: wM wastes, which�I or Interfere, anya ' O Revoke or cancel theYs perms. wazrah t ens omproce a whlM/mesapu a> I (h) Require pretreatment man acceptable condition for 'hazardl humans crattanewhdd In the eeubnig ( discharge to the publicsewers. wua nce the which ewate any hazardworks s receiving (c) Require control over the quantities and rates al ells. , ant tt wastes ving pH lower herye. (c) Anywatersw wastes'having any other coo.00r (d) Require;payi ent to cove/the additional cost of ham: prop) than95 t causing damageor corrosive ding and treating thew 1 not covered by waling p structures, capable . rso of hazard the to sewer1 wast a equipment, and personal or + Il the Dpermits th pretreatment cr galeatwn on wastewater visous treatment works. i waste Ib the design and Installation of theplants and Itl). Solid viscous of substanceseaD'quintto err fl w in r equipment shall bpsubject W tF review and appa 1 i the. sizeecapable of causing re�e with to the leo in Director and subject to the requirements d Amit It,Division operas or. other ewelrr6pe the properchTwo(21 of this Chapter and.all applicable codas,ordinance and I r. ep it of ed to eshearoin eetmsandmu,sstraw, w,as i awe. but not smell\s rise ags,feathers,sand,mud,aVaw,. 1 Sec.33.71,35 Greed all and vend Int./mentors., 1 shavings,metal,glass.rags, holeblood,tar,pla1 Gr 9e,olantl'eatd nt ph fa6hall Dep vita,when, wed urgmurd hgarig%e wlele papaunch In the opinion of the Director they are necessary for proper m ma cellae llecM1er eater whole or grtllahae, 1 handling of liquid wastes containing grease in excursive cuD andmilksineR ether wM1ON or prountl:W amounts orany llammebl wastes,sand: or other harmlui Isla grindersingredients. All temept° shall be of a type and capacity • tali Anyxe \e or-d eros r mag three h ndred d(300) N ed by the D nor,and hag be located as to be readily oxygen demand greater than more than three hast accessible for cleaning andinspect n milligrams ee Ingrocontaining suspended 1,.�,° Se 3371sib Maintenance al special oaclytlea .. solids.and having milligrams flow reap°nhee i Where peaminary treatment rllow quahc peatillbs shall ree • 25lids, gallons pedayWsadebibwgect to oihhe tl d I y waters or wastes: I pr000 gaci per II shall be subject tete 1 provided comm°u°lyl satisfactory and-°ft tye operation! provisions user os p II Dwalon Of this expos Chapter.. f bytF Misuser, - 1 The reaprovide. at its necessary, xpwl0q se 33.11;30 Testing,a eryvu+ndm asureme ts.. z preliminary treatment as may be the Barywilts All measurements;samples,tests andanalyses , opinion 1 iandtotdo to reduce 1300) biochemical roper ' , characteristicaol waters andwastes 1 whichreference is made fuer, oxygen ceche threehundred ds milligramshnd per m In.this Division shall be conducted sing themethods and In -°rodmelbpsuspendednoolthe quantities end procedures to 40 CFR Part 136,and shall bedetermined of the 1 rates milligrams or trot ore . Plans PrIs taken at rates ofd ant and any suchwaters" wastes. Plans control manholes provided.to upas Syllable ^w�manhole _ pertinent ntormati°n i saidacontroleemanholes,the In the m Ile call by[ relpsol mlNns and other pa { has be r q dracontrol mo hole shall be mnsduedm shallagq to proposed preliminary lttreatment leadod 1 t be� the nearest downstream manhole n the public sewer from and be emanation nattoe the approvalldnaa DueM1 the pont at which the building sewerIs connected: no mrvzlNdb I such laelitlat shall be y Sampling shall be carried out to called theoff d of commenced end rnci cad approvals are ablalnetl from nein ens upon the wastewaterfacilites and mdetermine the the.City,. writing 1 I ed 1 e of hazards to N limb and property. The particular r Sec. 3t a za Grtelp ate permissible upc0 analyses nvoni d:will d ro e whether a l nylon hour approval erdaMoc I I ccmposte I all buildingsewers la remiseappropriate,or r Na personted aubchar9 m to be Or wastes whether grab sample samplesshould be taken.N eater. i hent e described mtiden oto a,waters r ;� Pdemand and suspended .I thesewesvwastewater astetlalertreatm t teller aays u or can equipment, solidspremiss whereas pHs are any adverse ei a on the receiving r eam constitute a can nuisance.In , or or determined ned from periodic p ab samples., I endangerman limb,publicohlopM r Sec.33.71.39.Private sewage disposal systems. • header will Pecan as to the toopWhlit or taste quantitiessuch disposal system without 1 securing approval/tom the,Cit., , of subject, wastes In relation to lbws andws.nature of the (o) Noprivates nary sewer disposal system m shall all I wsatew construction oceraN 01 thesewers.nn! t the hereafter beat Mudd nhautl rat obtaining permit menewor treatmentmnsa eDoctofes at thwar treat- I 'Johnson ounn Board of Heath.operation and maintenance al tre tt works degreeof then ell in of wastes at the ad c �, y with all treatment arworks,and sspertinentalades Thesubstances' jj private sanitary sewer disposal stems shall comply l are: are prohibited,unless aprovedmwrt ng by the bibelot... I I I requirements Mahe Clty,theJahnemCounry Beardot Meath' Bre:la) Wastewater Ca/aim g more than twenty s • 1 and h Iowa Amin veva Code Envbo ma tal Protection Ilerams Ldppetroleum l ooMiiEegradable1 g Division 557 Chapter 9g ammo productsctsof mineral oil origin. (d) Ownersalprivate 'disDsaesystems'are not relievedtrotheaide airy fsaelylrq therequirements or, (b) Any waters wasteamnl rlgl a was grease or rhlsD as whether.emulstl d p not,In excess of oma 1` 1 l I Pr anesw 9 disposal Y t Include,but not n. hundred which p per rose/containing a Minted W m chs icattreatment systems. °PIWt nka lagoons mane .may middy become viscous.at end reservoirs ManurePt privy subsand cesspools are temperatures ISO) ed Th M two (321 and m prohibited i hundred en(ISO)degrees Fah nhed(0 and fi5 (1) N privatesewage disposal system hall be degreesCehathes constructed installed text ding trate upplYngW ter lc) at refuse that hes tic property reuse g The used a drinking orculinary W poses In any poros soil' Installation and operation al any mea grinder where seepage orperoolalng solace or groundwater maylcatntory r • equipped with a motor 1 one M1 and approval al he r or greater the pollutiondranledw of rho contented of uc. system shalt be¢ubjee to the f ow sntl t , well sp g or any other ace of war used as a public or D actor, d codecaser supply (d) Any waters or wastescontaining strong and Iron kJ) Noer sit sewage daposal9ysem maildiscbape whelther wastes ord concentrated plating pldyona, effluent onto any pat alley,or watercourse Aerobic systems A Ole a ubr adte L shall discharge dam( directly Into the sopa wastewater IQ Any Wubm.Phw wastes containing raglan excel excessive tretmetlw Ise Anaerobic shall dischargeeffluent 1 • 1 rte subrequirementstances or wastes degreereB an any such °bla)l No .private system. tlbp 1 system shall be ' chlorine vd r0 hiwthat r such sewage µall, or malewteratredment mmpsexced theeher t the I constructed within Ill (50) feel of any springines nelk or' wastewater alai n Art c t works exceeds 3 limns'2b) t l watercourse,within r 110)feet of:any P opeM esWbl shed In An doll Division2,5p8346,29(b) ice ntq-f ve(25).feeldany b dog used for human occupancy. and it)ter suchrwe materials. ' gec..33-7140 Written not el violation.tesNvabn of (p Ant waters or wastes containing phenols moths! 1 Any person o user found to be:N Nting any P et °rodor-ProducingeoLsenmsinle kDition2 the Division shall be°rvedby the Director provide reasonable exceeding grata and a)oro In Article rI Division of s stall the nature 1 the violation,and Sitolllocate elate,which after treatment rei time fir the gisrn ry correction thereof,Th pare or user Ica collocate tails to meet mqulns `, of time stated In h ,notice, perp within the period_- - - - —"—''�-'l permanently eeae all violations: ) Sec.33.71.01 Penalties. meritsof ncealar ur or 011ier to public agencies Each violation of theprovisions I the Dorsch shall having luladwnonf such tlacharge lc the receiving constlW°a simplemisda a atm Pall ctw orlden waters. environmental Inlr c1 and shalt be penalized as pray • } 191 cYren radioactive as may eac balance of amabiehedh or Chapter 1 tof the Iowa the CM forCty Code ee of:ONmdviolationsThe aheies ies tilconcentrationismli xro with albted:LYofremedyh hall theOmelet'In compliance with applicable state or 'learned cumulative,and theCM electionI federal and ton not preclude the City emporium;other available remedies. {h) Any ped n including oxygen a ler rale demandingpollutantsEach day avbiation occurs continues to exist shall constitute released in n whicch discharge at. lbw rale ceor pollutant a separate offense. concentration which will cease:neaerenm. Sec.33-71,43-33.7t50. Reserved. I li) Materials Unusual cin cause: SECTION 2 SEVERABILITY,II any f the p Nelon9,of g (I) Unusual concentrationsof suspended or this Ordinance 1 any asondeN ed Illg I void then I dissolved elite tae/cel I p wisiO of thisOrdinance are domed severable I (2) E ye wsnlubreha,amheanin not t said lawn portionsand remainIll mice and s to dYe,wWc and ve9erable temps Iced the ams as it the Ordinance[ to editillegale void "` s previews. Nina tae a co ovisons at this Ordinance are heyday repealed SECTION 4EFFECTIVE DATE.This Ordinance shall be 1 in f 'tare andeffect tram d by law.nd after its final passage antl. • publication at required if t 'eased end approved this 2J2 rd D ;v 1991. III (^7, ' . 1 i AyOP ,/I it 1 ATTESB .Rif 13795. August7,1991 Ordinance No. 91-3504 WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE ORDINANCE An ordinance regulating indirect discharge to the City's wastewater treatment works for certain non-domestic users and establishing general requirements for other users and providing enforcement thereof. WHEREAS, the City of Iowa City, Iowa has previously accepted offers of grant-in-aid from the United States Environmental Protection Agency (EPA) for reimbursement of a portion of the costs of planning, designing, and construction of a wastewater treatment works; and WHEREAS, the City is required to have a National Pollutant Discharge Elimination System (NPDES) permit to operate its wastewater treatment works; and WHEREAS, all NPDES permit holders must comply with the United States EPA's General Pretreatment Regulations and meet the goals of the National Pretreatment Program; and WHEREAS, an ordinance must be submitted to the Iowa Department of Natural Resources which establishes the City's authority to implement and enforce pretreatment standards and requirements and to regulate industrial users of the Wastewater Treatment Works. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Iowa City, Iowa: SECTION 1. Chapter 33, Article II, Division 6 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by repealing Chapter 33, Article II, Division 6 in its entirety and enacting in lieu thereof a new Chapter 33, Article II, Division 2, to be codified and to read as follows: WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE ORDINANCE ARTICLE I GENERAL Sec. 33-76.25 Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Iowa City, Iowa to control indirect discharges to the Wastewater Treatment Works. Sec. 33-76.26 Definitions Definitions set forth in this chapter shall be applicable to this Division. - 1 - c2D Ordinance No. 91-3504 In addition, unless the context specifically indicates otherwise, the meaning of terms used in this division shall be as follows: Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. (United States Code) 1251 et seq. Approval authority shall mean the executive director of the Iowa Department of Natural Resources. Authorized representative of industrial user shall mean: (1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) A general or limited partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter. Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, also called "house connection." Categorical standard shall mean national categorical pretreatment standard or pretreatment standard. City shall mean the City of Iowa City, Iowa. Control authority shall mean the Director, defined hereinafter. Consistent removal shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment works to a less toxic or harmless state in the effluent which is achieved by the wastewater treatment works in samples taken and measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations (CFR), Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. Cooling water shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. - 7 - L O Ordinance No. 91-3504 Direct discharge shall mean the discharge of treated or untreated wastewater directly to the waters of the state. • Director shall mean the City Manager or authorized designee. • Environmental Protection Agency (EPA) shall mean the U.S. Environmental Protection Agency, or where appropriate, the administrator or other duly authorized official of said agency. Grab sample shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste•stream and without consideration of time. Holding tank waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic.tanks, and vacuum-pump tank trucks. Indirect discharge shall mean the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW, including holding tank waste discharged into the system. Industrial user shall mean a source of indirect discharge, as defined herein. Interference shall mean the inhibition or disruption of the POTW treatment program or operations which are the primary cause of a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA,42 U.S.C. 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title II of SWDA) applicable to the method of disposal or use employed by the POTW. May is permissive. (See shall.) National categorical pretreatment standard or pretreatment standard as included in 40 CAR, Chapter I, Subchapter N, Parts 405-471, shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act(33 U.S.C. 1317) which applies to a specific category of industrial users. National pollution discharge elimination system (NPDES or NPDES permit) shall mean a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5. New source shall mean a facility from which there is, or may be, a discharge of pollutants, construction of which began after the publication of the proposed pretreatment standards pursuant to Section 307(c) of the Clean Water Act (CWA), which will apply to the facility if the standards are promulgated, provided certain location and construction criteria are met. Pass through shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or • - 3 - • oZ° Ordinance No. 91-3504 discharges from other sources, is a cause of a violation of any requirement of the POTW's National Pollutant Discharge Elimination System (NPDES) permit. Person shall include individual persons, user, responsible party, entity, business, firm, corporation, association, partnership, venture, governmental body or agency, or any combination thereof or any agent representative or fiduciary thereof. pHshall mean the logarithm of the reciprocal of the hydrogen ion concentration expressed in grams per liter of solution. Pollutant shall mean any dredged spoil, solid waste, incinerator residue, sewage, refuse, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, dirt or industrial, municipal, or agricultural waste discharged into water. Pollution shall mean the human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water. Pretreatment or treatment shall mean the retention of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes or other means, except dilution. Pretreatment requirements shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user. Publicly owned treatment works (POTW) shall mean a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plants, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this division, a POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. Publicly owned treatment works is synonymous with "wastewater treatment works". POTW treatment plant or plants shall mean that portion of the POTW designed to provide treatment to wastewater. Shall is mandatory. (See may.) Significant industrial user shall mean any categorical user or industrial user of the City's wastewater treatment works who: (1) Has a discharge flow of twenty-five thousand (25,000) gallons or more per day, or (2) Has a flow of five (5) percent or more dry weather hydraulic or organic capacity of the POTW, or (3) Has in its wastes significant quantities of'toxic pollutants, or 4 _ eO urulIlallee nu. 71-JJV4 (4) Is found by the City, the Iowa Department of Natural Resources or the EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment works, the quality of sludge, the treatment plant's effluent quality or air emissions generated by the plant. Significant violation shall mean a violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period; which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under paragraph 403.8(f)(1)(vi)(B) of Title 40 (CFR) promulgated pursuant to the Act. Standard industrial classification (SIC) shall mean a classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget, 1972. State shall mean the State of Iowa. Storm water shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom. Suspended solids shall mean the total suspended matter that either float on the surface of, or are in suspension in water, wastewater, or other liquids and which are removable by labora- tory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act, under other acts mentioned in this division or under Iowa statutes and rules. User shall mean any person who contributes, causes or permits the contribution of wastewater into the city's POTW. Wastewater shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions. Waters of the state shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. ARTICLE II REGULATION Sec. 33-76.27. Compliance required. • Industrial users shall provide necessary wastewater treatment as required to comply with this Division and shall achieve compliance with all federal categorical pretreatment standards - 5 - ao urainance AO. 7i-3Ju4 within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Division. Any subsequent changes In the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the industrial user's initiation of the changes. • Sec. 33-76.28. Pretreatment standards—Generally. (a) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, if the federal standard is more stringent than limitations imposed under this Division for sources in that subcategory, said federal categorical standards shall immediately supersede the limitations imposed under this Division. This also applies to those federal categorical standards promulgated by EPA after adoption of this Ordinance. (b) Where the City's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the Approval Authority for modification of specific limits in the federal pretreatment standards. The City may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Approval Authority is obtained. Sec. 33-76.29. Specific pretreatment standards for certain pollutants. (a) An industrial user may not contribute to the POTW any substance which may cause pass-through of any substance or any other product such as residues, sludges, or scums which may cause the POTW effluent to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or with State criteria applicable to the sludge management method being used. (b) No industrial user shall discharge wastewater causing the following limitations to be exceeded at the north POTW treatment plant influent when measured in a twenty-four-hour composite sample: Pollutant Pounds Per Day • Aluminum 875.0 Ammonia 1134.0 Arsenic 0.35 Barium 116.75 Beryllium 0.01 Cadmium 0.18 Calcium 875.70 - 6 as UL USLLHLLLC IVU. 71-.1JU4 CBOD 14,111.00 Chromium 9.34 Copper 6.08 Cyanide 3.27 Iron 583.80 Lead 5.84 Magnesium 875.70 Manganese 583.8 Mercury 0.04 Nickel 4.27 ph 6.0 to 9.5 Phenol 26.82 Selenium 5.84 Silver 17.46 Suspended solids 10,975.00 Toluene 26.82 Zinc 17.51 (c) No industrial user shall discharge wastewater causing the following limitations to be exceeded at the south POTW treatment plant influent when measured in a twenty-four-hour composite sample: Pollutant Pounds Per Day Aluminum 412.83 Ammonia 500.00 Arsenic 0.17 Barium 55.04 Beryllium 0 Cadmium 0.08 Calcium 412.83 CBOD 10,008.00 Chromium 4.40 Copper 4.89 Cyanide 1.61 Iron 275.22 Lead 2.75 Magnesium 412.83 Manganese 275.22 Mercury 0.02 Nickel 2.75 • Ph 6.0 to 9.5 Phenol 13.21 Selenium 2.75 Silver 8.60 Suspended solids 9,174.00 Toluene 13.21 Zinc 8.26 - 7 - 00 Ordinance No. 91-3504 (d) If the potable water supply eicceeds the established pollutant limitations of (b) or (c) above, industrial user discharge limitations shall be based on POTW performance and sludge disposal criteria. (e) No industrial user shall discharge wastewater having a pH lower than 6.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to POTW structures, equipment or personnel. (f) No industrial user shall discharge any wastewater causing the POTW treatment plant influent wastewater temperature to exceed forty (40) degrees centigrade (104 degrees fahrenheit). • (g) No industrial user shall discharge substances which create a fire or explosive hazard in the POTW including, but not limited to, waste streams with a flashpoint of less than sixty (60) degrees centigrade (140 degrees fahrenheit) using the test methods specified in 40 CFR 261.21. Sec. 33-76.30. Applicability of more stringent requirements. (a) State requirements and limitations on discharges shall apply in any case where more stringent than federal requirements and limitations, or more stringent than those in this Division. (b) The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Division. (c) Federal requirements and limitations promulgated after the adoption of this Division shall apply in any case where they are more stringent than this Division. Sec. 33-76.31. Application by specific industrial users for acceptance of discharge and connection. (a) No significant industrial user shall connect to or contribute to the POTW after one hundred eighty (180) calendar days following the effective date of this Division unless the indus- trial user's discharge has been specifically accepted by the Director. (b) Industrial users seeking acceptance of their discharges shall complete and file with the City an application for acceptance in the form prescribed by the City. Proposed new signifi- cant industrial users shall request acceptance at least ninety (90) calendar days prior to connecting to or contributing to the POTW. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information: • (1) Name, address, and location (if different from the address); (2) SIC number according to the "Standard Industrial Classification Manual," Bureau of the Budget; 1972, as amended; (3) Wastewater constituents and characteristics including, but not limited to, BOD, suspended solids, those mentioned in sections 33-76.28 through 33-76.30 and any - 8 - other pollutant which would inhibit plant performance, affect low rate sludge quality or affect water quality standards as determined by a reliable analytical laboratory, together with any pollutant or discharge which would be considered a hazardous waste if disposed of differently. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; (4) Time and duration of contribution; (5) Average daily, maximum daily and peak hourly wastewater flow rates, including daily, monthly and seasonal variations, if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show sewers, sewer connections, and appurtenances, in sufficient detail and as requested by the Director; (7) Description of activities, facilities, laboratories and plant processes on the premises including all significant materials which are or could be discharged; • (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a state- ment regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet applicable pretreatment standards; (9) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation. of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction). No increment of progress shall exceed nine (9) months. Not later than fourteen (14) calendar days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay,.and the steps being taken by the industrial user to return the construction to the established schedule. In no event shall more than nine (9) months elapse between progress reports to the Director. (10) Data furnished by the industrial user must be certified in accordance with federally required certification and signatory provisions contained in 40 CFR 403.6(a)(2)(ii). The City will evaluate the data furnished by the industrial user, and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a permit, not to exceed three (3) years, accepting and limiting - 9 - the industrial wastewater discharge. Industrial users with permits shall report in advance of significant changes in operations, wastewater constituents and characteristics to the City. (c) All provisions of this Division shall be expressly subject to all other applicable regulations, user charges and fees established by the City. (d) The terms and conditions of discharge limitations in the permits may be subject to modification by the City when limitations or requirements identified in Sections 33-76.28 through 33-76.30 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its specific limitations at least thirty (30) calendar days prior to the effective date of change. Any changes or new conditions in the specific limitations shall include a reasonable time schedule for compliance. (e) Industrial user discharge limitations shall be assigned to a specific industrial user for a specific operation. A specific limitation shall not be reassigned, transferred or sold to a new owner, new industrial user, different premise, or a new or changed operation without the written approval of the City. Any succeeding owner or industrial user shall also comply with the terms and conditions of the existing specific limitations. Sec.33-76.32. Information required when standards are promulgated; compliance reports. • (a) Within one hundred eighty (180) calendar days after the promulgation of an applicable national categorical pretreatment standard, industrial users subject to national categorical pretreatment standards shall submit to the Director the information required by paragraphs (8) and (9) of subsection (b) of Section 33-76.31, together with a list of all environmental control permits held by the industrial user's facility. (b) Within ninety (90) calendar days following the date for final compliance with applicable pretreatment standards, any industrial user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements, together with the average and maximum daily flow for these process units in the industrial user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or require- ments are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial users into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional, as required by paragraph ten (10) of subsection (b) of Section 33-76.31. (c) Each significant noncategorical industrial user and any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of measured daily flows during the reporting period. The report shall be signed and certified by a qualified professional, as required by paragraph ten (10) of subsection (b) of Section 33-76.31. At the discretion of the Director and in consideration of factors such as - 10 - c20 ULUILLQLLI:C nu. 71-JJUY local high or low flow rates, holidays or budget cycles, the Director may agree to alter the months during which the above reports are to be submitted. (d) Information required by Sections 33-76.31 and 33-76.32 and records of monitoring activities and results must be retained by the industrial user for a minimum of three (3) years, or longer in the case of unresolved litigation or when requested by the Approval Authority. Section 33-76.33. Dilution no substitute for treatment. No industrial user shall increase the use of process water, or in any way attempt to dilute discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this Division, with the federal categorical pretreatment standards, or with any other pollutant-specific limitation developed by the City or state except where expressly authorized to do so by an applicable standard or limitation. Sec. 33-76.34. Mass limitations. (a) The Director may revise a permit to impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Section 33-76.32(b) shall indicate the mass of pollutants in the effluent of the industrial user regulated by pretreatment standards. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or the production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standards. Monitoring, sampling, reporting, notification, and record keeping shall be as prescribed in the applicable pretreatment standard. (b) All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Sec. 33-76.35. Manholes and sampling equipment. When required by the Director, an industrial user shall install a suitable control manhole together with such necessary meters, samplers and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the flows. Such manhole,when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the user at its expense, and shall be maintained by the user in such a manner as to be safe and accessible at all times. Costs incurred by the City for sampling, data recovery and analysis shall be assessed to the industrial user. Sec. 33-76.36. Accidental discharges. (a) Each industrial user shall provide protection from accidental discharge of hazardous quantities of pollutants, prohibited materials or other substances regulated by this Division. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner and/or industrial user's own cost and expense. Detailed plans showing appropriate disposal facilities and operating procedures to provide this protection shall be - 11 - aO Ordinance No. 91-3504 submitted to the City for review, and shall be approved by the City before construction of the facility. All existing industrial users shall complete such a plan within three hundred sixty-five (365) calendar days following the effective date of this Division. No industrial user who commenc- es contribution to the POTW after the effective date of this Division shall be permitted to introduce pollutants into the POTW system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility, as necessary, to meet the requirements of this Division. (b) In the case of an accidental discharge, including slug discharges, the industrial user shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. A written notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of the person or office and phone number to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. Within five (5) calendar days following an accidental discharge, the industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this Division or other applicable law. Sec. 33-76.37. Records; confidentiality. (a) All records relating to compliance with pretreatment standards shall be made available for inspection and copying by the POTW or officials of the EPA or Approval Authority, upon request. (b) Information and data concerning an industrial user which is obtained from inspections, reports, questionnaires, applications for permits, permits and monitoring programs shall be available to the public or other governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate, to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. When requested by the person or user furnishing a report, the portions of a report which might disclose trade secrets or secret processes ("protected portions") shall not be made available for inspection by the public, but shall be made available to governmental agencies for uses related to this Division, and to the national pollutant discharge elimination system permit, state disposal system permit and/or pretreatment programs. Protected portions of a report shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person or user furnishing the report. Furthermore, the EPA shall have immediate and unlimited access to all information collected by the City under its pretreatment program. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to the general public by the City until and unless a ten-day written notice is given to the industrial user. • - 12 - 070 urainance NO. HL-S.U4 Sec. 33-76.38. Director's right of entry for Inspection, testing and repair. • (a) The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of, but not limited to inspection, observation, measurement, sampling, testing, repair and maintenance in accordance with the provisions of this Division. (b) While performing the necessary work on private properties referred to in (a), the Director or duly authorized employees of the City shall comply with all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the City employees. The City shall also indemnify the owner against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the owner as a result of the City's gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions. Sec. 33-76.39. Enforcement. a) After written notification to an offending owner or industrial user, the City may suspend the wastewater treatment service and/or repeal a permit when such suspension or repeal is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, to the POTW, causes interference to the POTW or causes the City to violate any condition of its NPDES permit. Said notification shall be in writing and delivered in person to the industrial user, shall include an order to cease and desist, and shall briefly describe the noncomplying discharge or threatened discharge. Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the City's suspen- sion order, the City shall take such steps as it deems necessary to protect the citizenry, including immediate severance of the building sewer connection, in order to prevent or minimize damage to the POTW system or endangerment to the public. The City shall reinstate the wastewater treatment service only upon proof, satisfactory to the City, of the elimination of the noncomplying discharge. A detailed written statement submitted by the industrial user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) calendar days of the date of occurrence. (b) In addition to the provisions in subsection (a) herein, any industrial user who after written notice and failure or refusal to cure the defect or offending activities within the cure period, continues to violate the following conditions of this Division, or of any applicable state and federal regulations, is subject to having its wastewater treatment service revoked by the City for the following: (1) Failure of an industrial user to accurately report the wastewater constituents and characteristics of its discharge; (2) Failure of the industrial user to report significant changes in operations, or wastewater constituents and characteristics; (3) Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring; - 13 - it) Ordinance No. 91-3504 (4) Failure of an industrial user to provide prior notification of any new or increased discharge; or (5) Violation of conditions of this Division. (c) Any person who shall continue any violation beyond the time limit provided for in subsection (b), above shall, upon conviction of an environmental infraction, be fined an amount of at least one thousand dollars ($1,000.00) per day per violation, when appropriate. (d) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Division, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Division shall be guilty of a simple misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) or thirty (30) days in jail for each violation. Sec. 33-76.40. Public Notification. The City may provide annual public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users which, during the previous twelve (12) months, were significantly violating applicable pretreatment standards or other pretreatment requirements. Sec. 33-76.41-33-76.49. Reserved. SECTION 2. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful portions and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication as required by law. Passed and approved this 23rd Day Of July, 1991. I/ aric-ec-eC OR ATTEST: ,a�„J 2f;14.4 CITY C RK - 14 - Ck) Ordinance No. 91-3504 Approved by � ity Attorney's Office ��� r t,� PWADMIMindust.ord - 15 - cO It was moved by Ambrisco and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 7/9/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration 7/22/91 Vote for Passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Date published 7/31/91 ab CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3504 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of July , 19 91 , all as the same appears of record in my office 1991 published in the Iowa City Press-Citizen on the 31st day of July Dated at Iowa City, Iowa, this 9th day of August , 1991 . .eiat_. etA44<l)° ,4,1 • ue Johann Deputy Ci Clerk �, CIVIC CENTER • 410 E. WASHINGTON ST. 4,.k r,y PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 +�� FAX(319) 356-5009 7 -or rr6P(o1&io0 - - ----- ---OFFICIALPUBLICATION---- - "—/er WASTEWATER TREATMENT WORKS InterferenceIshall mean the inhibition or are primary of the tAQtØfl/7 INDIRECT DISCHARGE ORDINANCE cause/febonbon a or operations which are the's cause'ol la of pr requirement of thecry's NPDESe assof An rd' egtai g tl ct permit Th 1 tl po Ise tl add to enforcement airegg disposal by In POTW' accordanceWwith _ en go IoM treatment wwW forpia �d(33USC.ll15), y criteria,g p regulations nz general andestablishing derabp on It the SoWaste DisposalAct(SWDA.42 9 b qui I I other U.SC.6901 e1 seq.),the CleanAirAct th T Substances M providing h e 1. Control Am.or more stringent state cntenarincluding those WHEREAS.m-City of awaited Iowa City,Iona has previously hi any slate sludge management plan prepared acceptedoffersolgranLlrnai from the United Slates pursuant to Tim II of SWDA)applicable to the method oI Environmental Protection Agency(EPA)far reimbursement of disposal or use employed by the-POTW. •portion of,the costa of planning,designing.and construction May is Permissive. (See shall) lad ��� I � N e waHEREAr boatmen,woint and NaKyuloateeOm4oCFwTwnt.GMydhtprenae!Tent C/ R ad- WHEREAS, Na CM a required b have a National Windvdes included n AO CFR,Chapter I,Subchapter Al Pans Pollutant Discharge Elenmaton System (NPDES)pent to 405-171, shall mean any regulation containing petulant operate no waztexater treatment works;and dnchege limits promulgated by the EPA In accordance with WHEREAS,ell NPOES permit.holders must comply with Section 307(h)end(c)of the Act(33 U.S.C. 1317)which the United States EPA's General Pretreatment Regul,Miona and applies to a specific category of Industrial users. meet the goals of the National Pretreatment Program:and National pollution Oh charge ehmm inahon system(NPDES on i—. WHEREAS,an'ordinance most be submitted to the Iowa NPDES permit)shall mean a permit issued Wrauant to Section Dpanment of Natural Resources which establishes the City a 402 of the An(33 U.S C.1342). alMwny to indictment and enlorce pretreatment standards and Natuwl prohibitive discharge standard w ptlWhsy requirements and to regulate industnal users oine Wastewater dray,argey,ndard shall mean any regulation developed ender Treatment Works. the aulhoery of Segon 307(b)of the Ass and 40 CFR,Section NOW, THEREFORE, BE IT ORDAINED by.the City AggS Council of the City of Iowa City,Iowa. New source shall mean a faule from which there ie,or Printer's tees SECTIONS,Chapter 33.Article It,Division 6°I the Code y of Ordinances of the City of Coy,Iowa,is heteby amended may be, pof the prop, edpreuion°Iwhichbeds by repeal Chapletpuss athn,to Swoon of me proposed ernrWat r AdICstandards CERTIFICATE OF PUBLICATIONhultheeo33,Arline II,ptr Division,Ai ea°Duncan and2. pursuant a�S to theA 307(c)athl ager Water MA.sd. enacting Mows. 33,Aide ll.o,wwwnz. wnrdedepymtld col.eMewOaari Pre met STATE OF IOWA. Johnson County. ss: w""°""wd end to reaemwlbws throughpvMeacenxolocation andmeane dNlhngeewach con Pass r shall hie n a discharge in quantities ern the r THE IOWA CITY PRESS-CITIZEN INDIRECT DISCHARGE ORDINANCERD WORKS POTW into s wild d ne or in co States with•dsiha or INDIRECT DISCHARGEdaMragea wild;ther sourto a caus •bsohage ARTICLEN1 or daMagm from other sources,a ooause of n oblation d GENERAL Blanton requirement m the(NPDES) Pe National Pollutant DiaMage IISec.3]4r25 duand phnnars System(NPeES lydaal. Penn- II iso Ike grafi and eydeclared to be necessarylty,wand Person business, hum. persona,user.association, conducive to Ike of6 a City KPIowa iyM1 Iowalt. controet l pang, entity, men eora association, I, and convenience of the a Iowa City, Int a to combination venture, a agent body agency,en any indirect discharges 3276.2 to the Wadewaler Treatment Woes. !combination thereat or any agent vapracantaliveaa Itliitlary geandions38 fonh i thereof. Sharon Stubbs, being duly sworn, say a:nnbna sat lo� ,n ibis chapter shall be applicable to pH shalt mean the Iogamnmp„„e reciprocal plan hydro. this Division get ion concentration epraased in grams per liter d solutionthat I am the legal clerk of the IOWA In addition, unless the canton pececany indicates Pollutantsha0 mean any dredged spoil,solid wage nod CITY PRESS-CITIZEN, a newspaper o aethemean.ngoftermsusedtnthisdi isinshallbeas stator mn'w aidae, sewage, reuuae. sewage sludge.munne, lbwspublished in said count and that a Act or ma Act shall mean the Federal Water Pollution chemicaltwasbor disIhgrc”materials. radioactive d,materials. yr heal,.wrecked or 1d,or agrged egmpstedis Orr eats,water.of Conn:Ark atWater seg Ad,as amended, u,ausPioll,munchall,manrthelhuman''mdie or human-induced weer. notice, a printed copy of which is hereto 33 US c.jUonetlSfaasCone)12smaeq Pdllmonshanmean menumpmaeeprnamanmua.e attached, was published in said paper Ap.oralautionyshae mean the e'ecstw°director of the enfant.of the chemical,physical biological.and radongcal P p Iowa Department of Natural Resources. integrity 01 water time(s), on the following ANlwn2e0rapeaenra.ve of indusN,I veer shag mean Pretealment or boatmen?than mean the retention of the date(s): (I) A principal spectre officer of at least me level of amount of potwants,me elimination 01 pollutants,the aneulon vice-president itthe endustral user is a corpora. of the nalure of'pollutants,or the alteration of the,nature al lion, pollutant pp a wastewater to harrntur stateprior 3 ! r [ 7( (2) A general or limited partner or proprietor I In, to or in lieuI discharging otherwise introducing such industrial user a pannersnp or propiemrsN Tu P pollutants into a POTW The duc or Merton can be obtarnes or physical. nsdobg lpoeasse process cnangas«othemeans,exceptnn.nespedieeyPrd ver requirements shall -tan any substantive or (3) A duly authorized representative of the d d Procedural requirement related to pretreatment. m thana ignatee above it such representative is national p 1 I 1 standard imposed on an industrial user nsobf the all operation ❑the facilities Publicly awned treatment coma 1PONshall meana-4/Ay\ vJa-V,- / 1 whiNtNindirect d chs g originates. treatment works as dl d by Seaton 212 of the Act(33 U.S.C. Biochemical oxygen demand (BOO shall mean the 1292)whian is owned n thio intern by meaty.Thant/inn. nn. Legal I Clerk quantity of oxygen imbed to the b«bpmical Dinarire d Includes any sewers that nanny wastewater to me POTW g organic manor under standard laboraty procedure et five(5) conveyances not bel does not wtlude piles,sewers or timer days at twenty(20)degrees centigrade,expressed m miugiams conveyances rot connected In,a facie r per tar purposesFwthe facility!providing treatment! Subscribed and sworn to before me Buildn drainshaAthat wastewaters POTW shall almmc yersons t 9 mean pan of horizontal sewers mat of wadewonrrecior POTW alsoinclude ,piping cg a drainage system whob receives the discharge from outdothecity who are by contract or agreement with the dry, soil, o and otherdrainage pipes inside thewalls el IM tsars of the y'c POTW P bhcly owned treatment works is brldin ndconveys i w the bddigsew beginningfive(5) synonymouswith'wastewater treatment works' this _2_ day ofail__ __ _ . A.D. 4«'.116 meters)outside them rxt d thebuumg wag P7rtdtrwned t dab plants hag mean that ltertipn°1 Budding sewer shall theextensionfromthe bualled the POTW aestgnd to provide treatment to wastewater, draintowe public sewer or other place of disposal,also called Shall¢mandatory. (See may) 199/] rouse connection.' Significant industrial usershallmean any categorical user Categorical standard shall menttt national categorical pre- or industrial user of thechargeastewater treatment works who' '''���111��� IreaMYN aild2rdme or pretreatment standard (1) Has a 6Yndry° flow al Per thousand A.yaO City shall mean the Cay d Iowa City.Iowa " /// Tey°hag mean the Director.defindnereinal. Izs,IMO)gallons or mer.wit ear.w Control (2) Has a lbw of T_(5)percent or moredry oaths; .1•Q 1W. Has or organic capacity of the POTW,et Constant removalshall meanrdudon in the amount of (3) Has Ira wastes significant quantities-of teas Notary Public a pollutant alteration-of the nature of we pollutant by the ponoanls"or wastewater treatment works to a less mile or harmless ante in (4) Is found by the City, the Iowa Department of s the effluent which u achieved by the wastewater treatment i� MARQAPG a BIOS works in samptes taken and measured accerdng Co theImPa Natural Resources m the EPA to have etch then 2 5 procedures net forth in Seaton 40371o1)2)of Tale 40 of the contri,torn singly itthe ash water contributor' industries, on the wastewaterghe 7°--07e, Code of Federal Rpuatibna (CFR), Part 403. arced'General 0� �l Prebeannenl Regulations for Emurg and New Sources al treatment works, the quality of [Inge. the PW Nqn'pmmugated ourivam to the Act. treatment plant's alaWm quarry or air emissions generated by the plant. Cooling eater shah mean the water discharged from any Significant violation shall mean a violwlon which remains such as air conditioning,cooling or refrigeration,or to which ncorrxo 65 days ehernmpoon el ncompann',whiN the only pollutant added w heat. a pan a of a pattern of noncompliance over a twelve month Direct discharge shag mean ethe d Marg°d treated or period, which tinges a ted m to accurately fogort ft un•,nald wastewater mean the the waters cd the slam. w.vnphance;or Wont resulted ed in the POTW e)(BI fg es Director shall mean the City Manager or annexed 40(CFRryaahonry under paragraph dN,B(I)(1)(m)(B)of Title designee. (CFR)generated pursuant to utheo Ad. IEnveonmental Profecson Agency(EPA)shall mean IM Standard inuusb,al a ssllicalion n((SIC) shall mean a U.S.Enveonmo.alBmledion Agency,or where said ageac, aion pursuant to the'Standard Indusblalcanfrichwn the dministratwaobsoduy esarized owhichl is said agen a sIManual issued by the re5Once el the Presd°M,Otos Grab sample Shall mean a sample which is taken from a of Management and Budget,1972, streamlieweiim on a on° o basis web no regardlb the!low m Stale shag the y Slate of wwa. the waste stream and without consderalmn of lime. Sinn waw shall mean any flow Occurring during ot -Nulling tank waste shall mean any waste from holding knowing any form of natural pxip,woon and rests ng tanks such as vessels,chemical toilets,campers,trailers septic therefrom. tanks,and vacuum'pump lank trucks. Suspended solids shall mean the dial suspended matter Indirect discharge shall mean the discharge or the that either float on the surface o,or are in suspension in water. Introduction of nondomesoo pollutants from any source waeewteror other liquids and whohereremovable by Labour. regulated under Section 3071b1 or Id of the Ad(33 U.S.C. tory(terns as prescened in'Standard kletnds for me Exam, 1517),into the POTW,including holding lank waste daohagd nation of Water and Wastewater and referred to as into the system ronin°rable residue. Industrial user shall mean a source of indirect discharge. Toxic pollutant shall mean any pollutant or combinaton of as defined herein. pollutants listed as(paid in regulations pro gencd by the d minidrafw of the Environmental Protection Agencyhe P revisions of Sedan 307111d the At,under other acts men- tioned man tuned in this division or undo Iowa statutes and ages A User shag mean any person who NMrioutes,uuau or J permits the COMrmulan d wastewater Into the city's POTW. I. 570'- ?I-35c }�ag. E taresa;nt. 3 7/3 a) Alta mummification to an offending owner or 1 industrial user,the City may suspend the wastewater treatment aeniice ands repeal a permit when such eidspensien or repeal is necessary,In the opinion of the City,in order to slap an actual or threatened discharge which present'or may present an imminent or subalenful endangerment.to the health,or • welfare of persons,to The environment to the POTW,causes interference to the PO1W or causes the City to violate any condpermit.ition of as NPCES Said notification shall be in wr9 and delivered in person to the industrial user,shut include an order to cease and desist,and shall briefly describe t the noncomplying discharge or threatened discharge. My , person notified of a suspension of to wastewater treatment servka shalt Immediately amp or eliminate the contribution. In Thee mental a failure of the person to complyeotumarily with la City's suspension order,the City shah take such steps as e deems necessary to protect the citizenry;including immediate severanW of the building sewer connection,in order to prevent or minimize damage to Ne POTW system or endangerment to Me public. The Cie,'shall reinstate the waiiewaml treatment service only upon proof, satisladory to the City,al the elimination of the noncomplying discharge. A detailed mitten statementsubmited by the Industrialuser describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted.to she City within fifteen(1s)calendar days al the date of occurrence. (b) In addition to the pmvisire In subsection (a) herein.anyindusvol user who aherwraten notice end failure or refusal to cure the detect on offending activities within the cure Mad, continues to violate the following conditions of thin Division,or of any applkabm state and federal regulations,is subject to having its wastewater treatment service revoked by she City bit the following: • (I) Failure of an industrial user to acquratety report the wastewater comments and charactealida of its discharge'. - (2) Fakure al the industrial user to repos significant changes in operations,or wastewater constituents and characteristics; 131 Refusal of reasonable arcofs to the indusnat user's premises for the purpose of inspection or anitenng; 1 (d) Failure of an industrial user to provide prior notifi- cation of new or increased'dischatge;or (s) :Violation of conditions of this Division. • thed umd (0) Anypersonwho shall continue any visitation beyond provided for in subsection(bh above she.upon conviction of an environmental INrapion.be fined an amount of al least one thousand dollars(s1,000.00)pen day per vifnun. • I when appropriate. (d) My person who knowingly:makesany false ,statements,-represomeanor cendicatbh in any application, record,roped,plan or other document filed or.required to be. ',maintained pursuant la this Division,or who(skeet tampers wth.orlhed required edndthis inaccurate any monitoring device or ad - d O b o of ion h n g ts simple on a Mir/of-shall be lined.in the amount pl exceeding onehundred dollars($100.00)or thirty pc)days in jail each violation. Sec.33-76.40. Public Notification. The Cm may pr code annual public ti at n,in to .lasgest daily newspaperpublished in the municipalityin which the POTTN is located of Industrial users which,during the previous twee. (12) months, weresgnhcanlly violating applicable pneaalmenl standards orother pretreatment requirements- -Sec.33-76.41-3}76.49. Reserved SEOTION 2—. II any of the provucns of Ibis Ordinance are for any reason declared Sega)or void,then the'fawfuf provisions of this Ordinance are deemed severable from said unlawnill penins and shall Amain in lull force and I effect,the same as if the Ordinance contained no illegal or sold r provisions. SECTION 3 'REPEALER. All ordinances or pans of Ordinances in conflict with the provisions of this Ominance are 1 hereby repealed. Sforce aN4.E_ p—This Ordinance shall be In full ern and trued by la and eller its final passage and cuter-aeon as required by law. ' Passed and approved ma 23rd Day Of July. 5991. AVOq ATTESCl /� J CI Y ERK • 04243 July31,1991 From the siandpothi of' n y bcombination of the � 1 lremplau of discharge 11 1 T- - //7t/ quq andwater-carriedwasteslresidences,mmmxcal I limited and nmPmen p0ad rd. In dddionlwhKexe pC hal Nosignificant Wu I shall connect to or buildings,industrialpl t and Ind tribute tome POTWaX m hundred eighty 1601 calendar I limited by nPrtomm9ntmaod m In oddunne he Wm or the tet shall a all streams.Iakx,ponds days following the daisof this Division unties the shall reportinginclude per record at measured eany flowsnthe mashes, m - le Y h.prnoa,raunari 1 r IndusM1alusxa discharge has been speciiaiy accepted by the j 4P 'eThe mgt requhell ired signed arMcentred by a ol aqurers riga) systems,d ag systems and an other I u OIIRNr j 9ualaied professional, eq Why paragraphediscretion len(101 bodge oraccumulations I wet and orunderground„ (p) Industrial users seeking acceptance of their I ¢ub-mf N)of Section 33)8.31. At the of the natural or nilalpublicmotivate.which are contained withnDirect;and id ton ppappn aucM1mbcelT nor tow flow IbougM1 orborde upon IM stab or any portion thereof. 1 discharges shall Complete and l le with she Cry an application I j flow rates,.holidays or budget cycles,the Dpalolmay agree to 1 I for acceptance the form prescribed by the Chy. Proposed new significantledu to Ib sen II request acceptanceD 1 r ant the Months during which the above, ate to be ARTICLE IIsubmitted ninety e 190)calendardays prof connecting e contributing REGULATION ' to the POTW support of the eppl 1 the Industrial u I I1 1 at n remixed by Sermon 33-78.31 leus be See.3]78.27, Compliance required. 1 s78.32 and recordsof se rptactivatesarrd. lie 1 mux M ebb submit, units and appropriate lot east .Ina ' Industrial' aovd ryseaaewa•ar Kea,- labwi I main. retained by the Musicalf user for minimum of three(3) meth as requved ton comply cote this Dimon and shall achieve 're in 1 or MRA N oval AuthO isy.unresolved Winton or when requested (1) Name,address,and bceoon(4 deferent from the byOhs 1 mmpXxrca with 6Y federal categorical PMroatmem standards address); ( I Approval Auln«9y. within the tune Rm'afnne es specified by the federal pmrwD r • (2) SIC.number according to the'Standard IndusVW I i Seaton 33-76.33.Dilution no abelltul°br treatment, ; mem regulations.My facilities required to preheat wastewater Clued-cation Manual; Bureau of the Budget, 1 No industrial user shall increase the use of process water, 1 to a level acceptable to the Cay shall be provided,operated, , 1972,-as amended; et In any way attempt to dilute decnare as a partial or and maintained at the industrial mese expense. Detailed plane (3) Wastewater constituents and characteristics 1 I complete substitute for adequate treatment to achieve showing hue pretreatment IxAles and operating procadurew raiding, bur not boiled to, BOD, suspended f r compliance wrth the limlimitationscontained in this Division,cosh nhas be submmed fa the City tonco review, and shall be I sands. those. mentioned in sections 33-76,29 IheledoedeatWegorical pretreatment standards,or 4n any other acceptable to the L9Y ll«aCoMof N nsppn . e facility. The I through 33-76,30 and any other pollutant which I whereeem+psaly lnealiondeyakped by an oriole except review of such plans and operating procedures will N m way wouh tnhbe plant performance,affect law rate expressly authonxW to do m by°n applicable staedard relieve the user from the responsibility d modtyog the IriI4 1 on XmS Y sludge quaky m affect water quality trandarde as as necessary 1 produce an effluent acceptable b the Crty d t fined by a reliable analytical labormp Sec.33-76.34. M-s bmlletbn under the mammon,of ths Damon.My subsequent changes together with any pollutant of discharge which 1 (a) The Director may revise perm's to Impose mass In the pretreatment laz It es or method of operation shall be I would be considered a hazardous waste d r limitatons on industrial userhch ere using dilation to meet reported to and be acceptable to the CM prarto the Industrial disposed'of differ poly Sampling and analysis f 1 applicable pretreatment standards merequirements,menta orin other users'initiatinof the changes I shall be performed in accordance wen procedures I cases where the imposition of mase Section are appropriate, Sec.33-76.25. Pretreatment slendacds-Generally. established by the EPA pursuant to Section 304(g) In such cases,the report required by 5ectbnof the (a) Upon the aromas:don of the federal categorical of the Act and:contained in 40 CFR,.Pan 138,as I Indicate the mass of pollutants M the effluent s the iedushal pretreatment standards fore padimW udusuial.subcategory. mended, user regwmed by pretreatment standards These repots shall if t the federal standard's more suigenl than limitations Imposed • (4) time end darer ion of mnlnbutpn; Pathan the resin of theng and endanalysis of the discharge, under trio Division fol sources N that subca: sad federal I Incbdi IM flow andhneuro and mthe concentration, categorical standards shall immediately subcategory. the (5) Average eailo,ma s.including c dory aid peak Mandproducttiin end masa•where wazlawaterllow rnesfday,momhh and requested by Director,of limnnona posed anew Ind Orvaon. This also appuea to pollutants contained therein wrath limited,by the applicable thong federal C I srkdl,standaNi seasonalplans,fotvariations,'I e9 promulgated by ane, rany; i pretreatmentstandards.MpnAa rpt sampling,reporting,rot41• con of rho Ordinance. I1 Sitefloor 4 d,umEmg , ,I tole keepingpretretlnNshall be ° plansand andel rtshowsewers, sewer prescribed in the apples• (b) Wherethe City wastewater treatment system 1tole pretreatment) Alnlandms: connections,and by th aoc sufficient detail achieves consistent removaltheI pollutants 'toed by federal It ID) All ysW shellb performed in accordance cosh pretreatmentstandards,the Citya tlrequested by the Director, 1 may applyoN•Approval (7) Desorption lapin facilities laboratories andof the contained ontaiaIn4 EPAp am and Section 304(g) Authority I Pdticaton of specielimas in thefederal of lheM end ti edM4D CFR,Part 136 and amentlmmq pretreatment standards The CPla t processes e the premises including alltp approved by the EPA diCory may then modify pyif nt I sac,hang maundLL which are or could be a thxaN or oath yaMrrxt pcetluros discharge lima.in the federal pretreatment standards d IhaSampling shall be performed In accordance w4q the lechngues nequiremenb contained in 40 CFR Pad 403,Sermon 403.7 are d he known, killed and prior approval from the I (8) Where L mlhe nam°aWc concentration elan n 'sopt°ednYNwEPA Approval AuthoMy e 1 pollNanhe theaeon hien are nutted y Sec.33.76.15. Manholes end sampling equipment. obtained. Ipew by and When rep iroe by the Director, jMusuch user shall City-stat IWe IP t atMentr orarda ane Sac 33.7629 Specific pretreatment standards for metelr a suitablecontrol manholetogether ohs h necessaryng certain pollutants. I t regarding re Ih r not the fen,e papl aotherappurtenances nut re building sewer (0) An industrial user may Int treute to the POTW pretreatment standards lathing met on.e tolaciln h observation,samplingtreq M measurement of the any substancewhihmay cause pass-through f ny substance consistent basis a and A not, whether additional I Iowa. Such manhole, constructed in s rdsnce and or anyother such as residues. W t Emaintenancealum, additional ssludges, scums which P° salary located,and snap be mrWrvcted aarordmxe who patment,a';equated for the mdustStandards,ral user plans toapproved by the neeaor.The manhole shall be installed may cave IM POTW et lli-11 h unsuitable for rocama.imh f meet pprmhle pretreatment Standad and rem l interfere web thelam, process inroby the usermmexpew,erlO MaYlmaNlaned by the user (9) If additional preithatment anther no mon and case Man a substance discharged tothePOTW cause the maintenanceet b d to mut the In such a e lir as to be sale cop accessibledtac ve fames, nd POTW tots lance with sludge a or e shortest recovery a p gdisposal I Costs incurred by theCity la samping data reCove W pet a hresf standards,theslnd sl.schedule by antrum,guidelines !regulationsd toped M Section 405 which theindustrial userwill provide such 1 ' anfye Sec.33-76 assessed Int of the Amwith any criteria,.gudel regulationsIfemirg i additional p I almenl Thecompletion,tlalo In 3]-)680 Accidental shdischarges. I'sledge usedisposal developed pursuant to the Solid Weslyle) Each discharge industrial'user hell provide protection from Disposal AcLth Clean.Air this schedule shall not be hal ed Ihemmplle^cp quantities of pollutants, apo Act the Toxic Substantia Control dale established. The itch dJla shall contain accidental of hazardous Act or wnh State ethane applicable tN sludge m agement I prohibited materials or slut,substances regofpro i Nia 1 uMlad bung used increments e a prop n Ne form al dates lm lM Djvnon Friluba ovidedhid maim al discharge of pohSnW commencement and completion of maior events 1 (b) No Mduslnal user shall discharge wastewater r leading to the construction and poeteton of matenals Magi provided and manlaMed at the owner anther calling the following limitations to be exceeded at the north leduao'lelu disposal muerrds end operating.Deuged Ol educes o _ mad BI pretreat ent eq ed Int Aa ndustral anouide ale dispavl facilites cod procedures to POTW treatment and influentwh _ us , meet the applicable stliminaz -sh this protection'bythe submitted to Na CX 1 revues Nam erle�aleYW in 1 pt p y r Mar compositeample: • ( 9 hiring an erg • completing preliminary nary I and shall be pproved lythe City bears constructc of the --- , plans,completing 11 al plans,executing trait lot 'ochry An ping Industrie/ sem shall ete h a plan ollutam Pounds Per Owy majorcomponents, commencing construction, 1 within threedate imsion. 1365)calendar days following the completing const gdin No-inc ent of effective dal (this Division.Nindustrial user who Comment. Aluminum 675,0 I ' progress shall exceed nine(g)months. Na dater 1 es contribution tithe POTW el theeffective date of this I d fourteen(14)cattier days following eaM Ammonia 113411Division hall be pormMedb introduce pollutants Imo dro Arsenic 0.35 .I date in the thescindustrial and thelath date for POTW system untily Rentwdisrhapp procedures have been • Barium 116,75 compliance,report Mhe Di user Shan'submit a approved by the Cay.than and approval d such pars and BaMlium 0,01 progress to the Dreg«mcluding,ieas • LWmium 0.16 innt res Whether or not I mmplred wnh Na I the operatingreprocedures Nag r'a naive the'Nuance user from Cadmic 6)5.70 ement of progress of met on such dare and, eceuapo o er thenstilay to r.modify the industrial user's lWibry, as CBOu 14,(75.70 ' t I not,the date an whichr xpecsloCo plyw"ith f n ryqw em I al this Divison. this increment ofprogress,ah son 1 ala, I (b1 In therose a an aced nt&discharge,including Chromium 9.34Y slug discharges.the industrial user sh d immediatelytelephone end the steps being taken by the induChial user.to Copper 8.08 return lh construction I Me established schedule. and natty the POTW eI therod t The noel Italian shall Cyanoo 0.27 r Include location of discharge.type of waste, rrceesha and vent Man more than nine(9).moons ' Iron 583,80 • I elapsebetween progresstemneN the DXMOr. volume. and corrective actions. A written rol'•X anon be Lead 5.84 (101 Data furnished by theioduana user must l Permanently ant plaed ts the 'ng amp yeauser's 5bthe board or Magnesium 6)5]0 other e prominent plat°number 0 g en s ueeaz,a the person or Manganese 5916 1 cecandied in accordance wanfederally required office end phone number to car in the event of a dangerous Mercury 0.04 h 40 CFR on and signatory Provisionsco tamed in discharge Employers shall ensure that all employees who may 40 CFR 2018101(2)11 The Cry will evaluate the Nickel 4.27 t data furnished by theindustrial liar and they. edvineeedO1IN'me such a dangerous discharge to occur ere , Ph 6,0 to 9.5 Booty notification procedure.'the Within live(Si require ton After Phenol 20.62 q calends days following an accidental discharge,Ne ImumlNol Selenium 5.84 acceptancerm the data fr ed the Director may user shall submit to the Director aa detailed written report Silver. 1]46 , r to perm!, not toexceed three(3)years, dew:O4g,lh use of the discharge and the measures to be Suspended solids 10,875.00 accepting aMgmih pih rte Real melt shall rter eport blurt by theindustrial mer b, prevent subpar future Charge,Industrial userewith Re mat report N Touren 26.88oaan«<a Such hoan,dam ge,shallnorwaken Na Industrial Zinc 17 51 advance a snusrutm changes m operations, r user of any an arhia,ban,damage,or other 0abil,ryat whichd or l wastewater mnalituenls and chdregx6hG to the be incurred u a rto of damage to the POTW,fah lulls,a (cl No ledmtrial.use! shot(discharge wastewater I Ly' s any other e damageto person se property. norshall such causing'Ih following hail use toba (c) All p „ons oflns Dmshallbe.expressly 1 nmlkalon theinduelral Jany fines cal panangs gexceeded at the south 1 1 repo regulations,' ryes and lees. rother le lawy which may be imposed by Nis()mein 0r other I POTW treatment plant influent when measuredin c twemplour subject to aca0leosercha I hour Composite sample established bye rets , applicable 33.7 r (e) conditionsof todsofeby the City there Sec.33.76.37. Records;confidentiality. I niton or ay bsuns to OrmodificationSections ctoM1 ClywMn 1 Pelluha PoUM+Pm-0av IMNnbaz orrequirements o flue taa x137688 lel All records relating to p� and rm0yrrq by through 3376.30 are mWhiW otherlust cause tots. The standards M1alllmadeewlWlebriAp It Aluminum 412 83 ' Ne POTW cr officals of the EPA or Appmval Authority,Upon Ammonia 500.00 industal userseal beets«map 1.any changes in n I I request I Arsenic 0.17 stannic Imitations t least thirty(3014.1E4dr clap phot to the I I (b) Ilarmatan Mutual on and data concerning auser Barium 5504 r Olean.dale of change.Any Changes Onew conditions in to which ja obtained from inspects reports,quationnaires, I I Beryllium 0 r 1 specific limitations shell include a reasonable me schedule for 1ppliati I permits,permitsnd mA ingpr9 shed I Cadmium 0.00 • compliant h be available to the public or other governmental agency without 1 I Calcium 412,83 i (a) Industrial user discharge I n t a shall be 1 I origination p the 6 rspecifically,rpueata and• ICBOD 10,000.00 0O assigned to spec/ industrialue fora span operation, A able todemonstrate,to the¢I slap o the City,that the Chromium 4. , specficli ntal n shall not be ssgned,transferred or sodto release of such information. would divulge Information, Copper Ogg anew owner, Ind t I'c differentp ml,or a new« process orethW : fproductonenNledbprotection- CYmle 101 UengdPo aY dMNhhe n app alalhe LPy. ANi2de secrets orlne vd conalW NTe p rueMWh IM Iron 2]i B22e , succeeding own or odes/nal r shall also comply withth• I Parson ose fmkhrrg a repos the pythonsblarepo rt which ' termsend condemns of Na ex 1 ng speedo Imitations might di core trade secrets secret Lead 275 gP • (probrmed Mapeseeaim 412 113 I i , 33.76.32. pormaoeregsired whenabndede I pubbu)shall not 'l made availablefor'in •spection be the Iere promulgated;compliance reports, 1 public,but h Iib madeavailable 9Ve malagencies lot Ir Ma Rsca3)5.22 Mercury 0,02 i (a) Witte hundred eighty I180)calendar days 1 e related 1 thisp In and I thenational,pan rem I afro,st promulgationof u tial applicablenational oelnatonal Escharelimination s stem N'dY 2.75 IaeBI go pe n slate lid portions s elm eegmm.1standard, adnd d t national Ph 8.0 N.9.5 Csubjectpermit pm empep Pmlactedpn rte of a. Phenol1321 categorical ipretreatment standards hs( and(to theDirector r upon shall al be Ilor enforcement f us by ems y pine Selenium 2.75 h Idol Sect n equrW by ether witha lel and(blot Mahon , egenry hod arevawaproceedingsvolving 1 S&Mer 8,60 I (b)ol Becton with a list of alrenmo mental I the Dench [Mm,.M,ngN pport. Furthermore,the EPA 9uaperdee mfde 9,174 00 control pe rte tab bylM mammal userslethal r ' ehall have immediated unlimited to all information Tokio* 1321 I I (b) Withinninety(90)calendar dysiro ngthdate • a collected by IM City underu p um - menl Program. Zinc 26 I 1 i Co Impl with appliubl pretreatment ny i Wastewater a I and characteristicswill rot be td drat W ublex to pretreatment stantl rdand • recognized as cothdentral information Information pted by I requirements hall submit 10 theDirector report lilt/Mating the 1 • the Citym re nrar¢hall note transmitted to thegeneral (d) Il the potablewater Supply eddN established1 pollutant limn l a(blot(c)above, user discharge , • nature and u c veto fall pollutants in the,pre rye m ) public by theCity until and unless a len-day written oaths LL ( I,meelione shall be based en POTW performance and sludge • the regulated processwhich are I Xed by pretreatment tment a , given to theindustrial'user. , disposal criteria. endrequirements,together. with the average sed 1 Sec.337638 Director's rlphlobniry for Inspection, maximumi daily flow forthese processas in the °ustriai testing end I (e) No vdusulal use shat-discharge wastewater I I 0 D users facility which are limited by such pretreatment standards I lvingapH lower than 6.0ospreaTlnn0.8 of having any or (al The:Oueeor and airy aWodzed employees haMrmmsive property capable haus damageragwnem4 ts. The report shall stat Whether the applicable 1 of the Crty bearing1 ng or hazard pnetreament standards or requirements are ling met on a fponied to allfpr credentials t a mho pdrnt es of.Mao be to POTW structures,equpmMl orpersonnel nS51°tel basis M,a dot,what additional operation and I ' limited toinspection,D bservaaJ r rM1 P repent ol,but sampling,not (I). No Indus:oat user shag dwpharge am waste*" tomobservation. ryt measurement, welle uain9 .the POTW treatment pleat fluent wastewater maintenance endear pretreatment necessaryhcpn bring the , testing, p and maintenance In accordance M1 Me I temperature b exceed lorry'R40 industrialu I tug with at annbmbl beesrignby r visidn of this Division degrees lahrenhejt. RIO)degrees centigrade Iha a Po standards or representative Thdaaam statement signedey I g 1. an authorized p +mlar'M1'e al Inindustrial user andceAdietl i 'Ib) While palmingt the necessary er work on pnvme (a) No kdllstna usershalldlsMmge 6ubitanmewbW to by a qualified praeas(on01,as required by paragraph len(10) propertiespioyereferredls In(a), Director eli duly safety IweWalhe pbsin hazard IM POTW including,putts of subsection ON of Section 3346.31 I r employees al the City Md comply wah all safety rules I kneed weseneams with aflaspoim ce less than sbn(e0) I (c) Each sgn'cant nonntegorca mdusinal user cod , ownedslebllenmi-aeinjury ordawneLhe the I degr-e congfade(140 degrees lahremea),sing the test Ir any Indust-I user subject toa pretreatment standard,alter the • , owner sill be heldshallharmless forIn1uy or death a the City methods epeoped in 40 CFR 201.21. compliance date of such pretreatment standard or In the case lass employees The Cry shall alsoindemnify the owner against I see. 31ifi80. 4PPgcablli .of mon etrogMl atenew m ahermmmencecommencement discharge into the I f loss or damage to Its property by Cay employees and against 1 I rug/Yemenis elila ' ' POTW,sh II s b it to the-Dire for during the months of June I dliab,Iiry c rte demandsI personal res aa property1 (a) SNI requirements and IYmaMna.on discharges and December, unless required frequently in the' 1gamege send g 1IM a es nal hese.Cate Ichef apply any casewhere man stringent than federal I pretreatment standard or by lne-0irepor,a report Indicating the) gouging d mot'ng penal 4 epi as suchmay bcaused I requhementa ane l' latch];or more stringentNan those in this I - � by negligence or 4a tun of hM owner to'menWn sob 4 The City reserves to right to establish by -----J 1-'GI(MnVkb r-ve.nn inactions. 1 dMrgeN e ea e astteatedposal or d deemed requirements on 1 WI nee r) mmmpNehothe ent and lanlNOna prom. � C see Federal requirements and Iuniretiara pmmugalW I ea after M admppon of this Division shall apply in any case where ANN we more stringent Ihan,Ni,Didaan.-- a in r era t a N laboratory procedure t (s) se[p•nded rid shall +"e total spensioeu matin r days at era 1Y 1raw'.b atsh centigrade, W etl Inmilligrams that h float then d, and n thods for n p0 Ne. wastewater.or other liquids and which are removable by labors 8 H[vp dram ah II nlh9 pYld1"°bw Iha not tory le-Wringsp bed 'Standard Methods tor the Exam Sang d a a e nage systemwniU Hee m den corn etas- nation 1 Waterand Wastte °r and referred to as scil,waste and elle a usage pc N b tri•wall I theenterable •d building and conveys it to the building sewer.beginning live l5) Toxic shall mean any pollutant of comanata n or i taminemer leer(1.5 melons)end•,he inner lace of me building we pollutants listed as luxe in regulatrons promulgated by the I Building sewer abaltmean the Abenein from the building • administrator of the Environmental Protection Agency under the drain lo the puha ewer or other plaCe al disposal,else calledC I.5 3070 f the Act underotheracts en Mto 1 - use connection? ( ed to a. rl underv datum and lee wended nd rd h II at l categorical mei Userhall any parsonwhoI b s - treatment standard or pratreimel eteralmo snots the coniebuian d wastewater intothe yes POTW. Cy sM1 a. theGy all .cry bwa. V W f w t gal ire sp i 1 m 'ry. Pr101er s(ee> Controlaurhoriy°mu mea thereat-or,dalined nerve!. rP,om lMa.nape tci sauten,nmaybcombinationofllw r='• Iiqud and waterca,ned castes torn romances,commercial Consistenttanoram°raishah meantreduction in Me amount of buildings.industrial plants,and inuttt°ne. CERTIFICATE OF PUBLICATION apaIINeNorennatronNInanaturepitInapellunanl the waters on the state shall moan nil streams,lakes.ponds. wastewater treatment works toe less axe N harmless state Io marshes,watercourses.waterways,wells,springs,reservoirs, I STATE OF IOWA. Johnson Count ss: the diluent which Is achieved by the wastewater.treatment ll/are.Irrigation[enema,drainage systems ane nit ismer . THE IOWA CITY PRESS-CITIZEN orks in Feder& taken and 1CFR.measured Penag' eo the bodies o1 n/lcd,pmnm ro waiter,Sinha. c"nil edwanin procedures set long in Saionn 403 71.1121 of Title 40 of the 110w throuo c gh orb rder upip-ithesl to or are eomein thereat. Code tm FtdwM Koons or .ting 403, -Genera flew though.or Minor upon the[late or any ppnon thereat. Pollutant pront promised for pursuant in the Mer New Sources til Pollutant ng wet rtsh to wateriz discharged ARTICLE II COgesg warn/shall g.co the from any REGULATION use wcnasMrnpMdcooling or refrigeration.or to which Sac.33-T6.27. Compliance required the only pollutant addedrges a heat. ndustrie users shall provide necessarywastewatervel- I1 Direct discharge shall mean the discharge of treated or mem as required to complyeh this Division and shall achieve , untreated wastewater directly to the waters of the state. I compliance with oil federal categorical pretreatment standard: - Sharon Stubbs, being duly sworn, say Director shall mean the City Manager or authorized within tM1e rim.kmba:aes as coactlied by 1h°ledges phtrea4 that I am the legal clerk of the IOWA damps° ^^ 'es°'t•prepuii top'"'° w °wale g En oma to Protection Agency(EPA)shall man tis. meat eliaccea Y U.S.Environmental Protection Agency,or where appo fat°, to a level anal at t e to the Cry shall be provided,veepts operated, CITY PRESS-CITIZEN, a newspaper p Mdmalnminmallheiho leer ela•xp•^ll oaaheaPlav Ina aemmatremr or other duly dahaged wSKSitch dead a rem a g p published in said count and that a crab[halve one.m•an a=ample which a taken from •npw'"g'"'°'etre to si l.YCoy Md eview,m mhall be Yr ahnl b. [ubmm•d m she icer tar revlewi ped [gall M astreamon and without bask w4"no regard to the nawm acceptably,°de Gly below WnzueCbn of rh•facility The notice, a printed copy of which is hereto m0 pa=tis stream andaeta aha l mean consideration of w of such plans and operating procedures will In no way attached, was published in said Holding lank waste shall mean any waste Irom holding review the userlmm the responsible),of moseying the facility paper tanks such as vessels,chemlmlmileu,campers,trailers,septic °aeon m produce an.duan),of moseyin m of City tanks,end'vaoeem-pump rank trucks. I ' time(s), on the following Introduction d;scn°rye shall mea" the discharge or the under ore pramsbns of this Ditsin. Any subsequent change. IntrWUUnn of nondomeslc pollutants Item any source t In the pr•trend be Iaas6K or the Cry of operatan shalt W date(s): tallaged to end be acceptable to the C prior to the industrial regula1317),into under 1W.in 3D71b)or Id of the AG(33 U S.C. uses mmatun of the change¢. /y u g 7) 911 13othesytnv POTW.uto'utling bbip9tank wazta dsrllargW i Sea 33-76.211. Pretreatment°landerdv--Ganenny. /J/'-'-II Ime the sys:vm. (a) Upon the promulgaron°I the lede,al categorical Industrial saw shall mean a source of indreG discharge, as defined herein pretreatment standards for a panielar industrial subcategory, Intersshalt. nth hha or il P of the 'Ito sed°'°lstandards Ht a Ith nMnsmpo- ed POTW treatment program operations which the. primary t this Division thatgM IDgsu sad a the cause el° Iter of any requirement of thecity's NPDES 1 9 CSIstandardsh II a I N supersede Iho perms. Tires includes preventionsewageallimitations p d underthisD - Tg also applies to ca sludge use or thosemall 1 1 9 r l standards promulgated by EPA atter dis33l by thePOTW sea Will Section 405 tIre adoption ptg Odho Act 133 U SC 1345).or any cmv a pada gas.or regvtalonatb) Where the Clys wastewater treatment minor' develops pursuant to the Sold Waste Disposal Act ISWDA 42 aches cease the Cay'ove,of potent,feted by ream tten' Legal Clerk USG.6901 n sae),m.Clean Air Aa,the Tose Substancesthose pretreatment standards,the City may apply to ma Approvar Control d or more stringent sou criteria(including those Authority ter modinWbn cd specie limits in the federal contained in any state sedge management plan prepared pd/sect ¢lantlaids, The Citycopy Igen mMny psllutant pursuant to Title II of SWOP)applicable to the method 0t disMage limns In the federal pmimslment standartla II the Subscribed and sworn to before me disposaloruse motivemployed by ha PGTW, requirements contained in 40 CFP Part 403,Seale 403.7 ere May a permissive. (See shall.) lunilled and prior approval from the Approval Authority a Nalonalml0gencalpra•eatrnanr standard orprefeaonenl obtained this ft._ dayof A.D. standard ancluded m40 CFR,Chapter I.Subchapter N.Pala ' Sec.33-06.29. Specific pretreatment standards for 405471, shall mean any regulation containing pollutant certain pollutants. dacharye lands promulgated by the EPA in accordance wnn set An inaustral user gar no,c°mrleule to Ne POnv Section 30701)and(C)al the An(33 U.S.C. 1317)which nbal71 rga when maypusa paassnouphot Or ny augxLNeC 19 q/ applies to a Wecab category of Industrial users. or;Bey mherprotluGsuch as matluaa,Gudgee.orapmawhich N fionelpoll nondY garye elimination (NPOESor mamuse the POTW eYWenl m be unsuitable lortedamairon /v-!''', NPDES per q shall ape permit d preuanit Section and taus• ar shit gradate with line teclamaton protea° In no / V 1 402 of Act prohibitive U.S.C.1342) case ehyl[substance discharged clod a use cause the.!/, .AA I A National cn discharge standard or pi nder POTWVela la M n noncomplarics erne hludgv use or tlupmel discharge standard hall Banany reputation developed under titer,gudelnes tar IaMne devebped under Seca°^405 Notary Public the authority ofSeaan3o7(b)ofteActand40CFR,Sectbn rdg AG,wmaynen ged.en•F^^•9ewb"°"' '"° 403.5 [sag.as•t.deposal Airrbped Tea Substances b the ices Wazm Now source[nen mean a Jamey from which there k.or • Di Aa.Ine Clean Air Kt.the true sebs'stees G MARGIAPIT 11103 este may be,a tlscnarga of the prop,construction of whbh began or with State amen.aapltcabue to the sludge management alter the publication of Na proposed pretreatment standards method being used. pursuant b Senor 307(c)of the Clean Water Ac(CWA), b No industrial u ¢ball discharge waslewnn Ill„ /Q�/ cn ^ welsh will apply to the facility lithe standards aro promulgated, causing the snowing gmilelrom la be exceeded erne noon (O T Ol provided certain location and construction criteria are mel. POTW v°atm°nit plan)lnlluenl when measured Igen:. Pass through shall mean a discharge which axis the hour composite sample: POTW into waters of the United Staten in quantities or mratrons which,alone or in wnlunctbn we a duhargeEttli. nit Pounea per Day or discharges sign other sources,a a cause of a violation al _- - _ __ __ -- I any requitement of the POnda National Polhnam Deters OFFICIAL PUBLICATION Eliminators System(NODES)permit Aluminum 5750 Person shall include inawiMal persons,user.responsale Ammonia 1134.0 pony, entity,. business. firm, corporalbn.. association, Arsenic 0.35 Ordinance No. 91-3504 partnership, venture,governmental body or agency,or any Barium. 116.75 combination morsel.or any agent repre3°mallve or Iduclary Beryllium 0.01 ,hereat. Cadmium 0.10 WASTEWATER DISCHARE TREATMENT WORKS pH[hall mean the logamhm of the reciprocal el the hydro- Calcium 87570 INDIRECT DISCHARGE ORDINANCE gen Ion concentration expressed in grams per liter of sedan C1OD 14,111 00 1 M ordinance regulating indirect PW;ulanr yen moan any dredged spoil,sold waste.ace Chromium 9.34 dasherge to the Cay6 wastewaterrarer ,rased, sewage, mluse, sewage sludge, mam:ona. Copper 6.00 treatment works for certain non- thermal wastes,bossed maimed, radioactive mateaa. Cyanide 3.27 ( Oomeatic users and establishing thermal wrecked on discharged equipment,rack, sand,din or Ion 503.00 general requirements ler other urns industrial,municipal,or agricultural waste discharged into water I Leila 5.04 andprovidingntaemenlJ has previouslys thereof. Pollur shall. ead then de or humanrvnduced 1 Magnesium. 075.70 WHEREAS..theCity of Iowa City, n anon of thchemical,physical,biological,and radiological ) Manganese 683.0 accepted nears of g t ad. from theUnited Salus alteration of water. Mercury 0.04 Enaronwenlal Prosection Agency TEPA)for reimbursement of Pretreatment or treatment shag mean the nrembn of the Nickel 4.27 o pawbnollM Witt eph works;and and construction amount of pollutants.the slim:raton el patents,the aoeration ph 8.0 m 9.5 of a w HEREAr treatment G requiredi of rho nature of pollutants.sr line elute on of the nature N Phenol 26.62 WHEREAS, a Cry to OhDEve a eavru al I pollutant properties m wastewater a less harmful state purr t Selenium 5.64 Pollutant wastewater Elimination System(NODES)Parma to to or in lieu of discharging or otherwise introducing such Silver D 40 operate a SwalarODES per it worker and I pgoxants into a POTW. The reduction or aeration can be Suspended solids 10,975.00 WHEREAS,thd all NODES GeSpaPisreldammRncompywnd 1 Obtained by physical,chemical,or biological processes,process Toluene 26.02 . eUnited Stales EhRsGenaulPreemenntRaga ; changes or other means,except dilution. Zinc 17.51 meet the goals S,IM1.National Pretreatmentbeub submitted toot and Pretreatment requirements shall mean any substantive or WHEREAS,f en ordieane¢must which edebleeSthethIowa b procedural requirement related to D epartment of l r erdl and enforce anscan s'iandd ' -rational pretreatment standard imposed° on annindustrial user Causing the follarng¢Savona to be exceeded al the south trial user shill discharge wastewater ✓equiremmMaumoregM°nfmueraluses pretreatmentf estellaabbe ed v°atmani works IPOn shall mean a I POTS treatment l , fluentwhenmeasuredinarwemyfcur- TreatmentWrks. regulate industrial uses of the Wastewater yawn Yepanni lraavnentwmez as defined by Sedan 2t201Ina Act(13USL • hour Mmpeanv sample: Treat NOW, THE. I NOW, THEREFORE. BE IT OROAMEp by the Cay 12921includes.any a owned in at convey the the POTS Council C theID Cary.ol Iowa 33. lea'. rleatmen sewers.but that tiwastewater to the r POTS Pol!aam Pounds Per SnancesaI_e Chapter Iowa CeNoa,is here yl the ndeed Ioet el no bddoes tst a udetaco piypeaswen orother of Odealin°ahlper 33,A°wa ICity,vvxa 6nerabyam°nand conveyances purposes connected�n,a POTW ing treatment Aluminum 500.00 by irgChape3$newChater.33, 61st its,entirety aed sathe purtconel thastewian,s PO tot POlsalso lrn pde ions Ammocu 50017 to0 e bebcodllieu ndtoanaw fgawlac33,Analis ll,DivmoO:p, de that convoywho renycontr to the POTWtrwm the Arsenic 5.04 m be coddled read as Eoutset the th eyePO S contract oragreementet woes re Barium 55.04 WASTEWATER TREATMENT ( ars al the coy POTev. Puttri t owned rtic wo re Cadmr m 0 INDIRECT DISCHARGE ORDINANCE synonymous with-wastewater treatment wade- Cadmium 2.03 ARTICLENI I ONd esaplantoroea"Jut at r. of Calcium 412.03 GsNERA/. the PSnY isdesigneda to. See a rammentm wastewater. Chrm 10,004.40 Ge ]Y)6mi dPurpose.and Shall a naMSory. (sea hay Copper d a9 h is determined un declared ubl to ah necessary and Significant ioth any ntwor'al user Copp°' 4.69 safety,control orlndIt) as of dachssefloow of thousand Cynndo 122 conducive to the protection of the public heann, Ion 275.22 end convenience:OI the Way Iowa eat Iowa to control (1) Has a gallons ns O more of r day, thOusaM Lead 2.75 Indirect discharges6.2 to the Wastewater Trealmam Works. Has 1 floe om m)pee per or mG' Magnesium 412.63 Depntons et lathoflivery in alk chapter shall be appllmb!e to • H aaulic m organiccapacitysign/cant of uahe POTW,or i Mercury 002 this Dewed (3) Haz In he wastes[gnncant quamciea d lex[ Nickel 2.75 In added unless the canted vce diode ubuIs bouils.or Ph 6.0 m 9.5 aFarys6e,the meMiig of:arms used in this dndmn Nall be as (4) bound by the Cay,the Iowa Dehave eek-nt Phenol 1121 IOlbwA'. ImpNatural Resources oorin combinationEPm la ation swith ther Selenium 2.75 Ana also known mean the FederalAct, sr Pollution contributing either singly awith otheratSilver 960 53mm.Act, eknave ea,he 1251 of es Acs,as amended, coatment worindks, on the Wastewater Suspended solids 0,174.00 33 U.S.0.(United Sums shod man the el segs treatment works, the quality ofslit emissions rho i Toluene 13.21 Approvalauthority Neural ourle epeculiuedrecmf of the treatmentby ply the planum quality or err emisvpm Zinc 9.26 Iowa AeyanmeN of waned Resources.Indus generated n eate plamea. AulllorizedropesentecuaM taw of ll least h mean: uncorrected dam akaUallmeanevnlnco which remains (1) ApnnapA executive InduH°I vluantNbpsM1 pars o°145dern of rn°Iilmpanol noovemmµalveimoichnth pollutant II the iatos.lib)w&muppy edus°daIDer dactlersd len-0ran0ent,d the intlusVal user n h corpora- a gag of a pattern inv lv coracoover a twelve'month hinnatera shalt be b ales a n)POTW ed ormianceeasl dge ion peredi which ImoNea a failure to accurately ippon ISnnalans[hall be based on POTW paaormalme and sludge (2) A general or limited partner or proprietor d the • noncomplance,or which resulted in the POTW°sa c/sing its draped marie. industrial user Is a partnership or proprietorshipemergency authority under paragraph 403.511)111(vil(B)of Title. (e) No industrial user shall discharge wastewater respectihelp; I 40(CFP)promulgated pursuant to the Act. having a pH lower than 6.0 or greater Iran 95 or having any (3) A duty authorized representative al the individual Standard industrial classification (SIC) shall mean a other corrosive property capable 01 causing damage or hazard designated above if such representative .is i classdicatbn pursuant to the'Standard Indusdal Class/Nation to POTW structures,equipment or personnel. response°for the overall operation of the lactim as Manual'issued by tire Executer Olhc•of the Presiden40fice I i 111 No trdustnal user shall discharge any wastwafel h tram which the Indirect discharge originals. al Management and Budget,1972 causing the POTS treatment plain Influent wastewater Swire shall mean the Slate of Iowa. temperature m exceed arty (40)degrees centigrade 1104 t ie?of Oxygen oxygen din fire (BOO) edit mean the meanie?p sxygm Stormy r hoof'nany lbw occurring runny ng de lammhenl. - In wild in Ilia blochvmral oxdatbn p1 IOIWing any arm of natural precgndan and resulting glen - ttrrnom. _ _ 2( / ' / 2. {g) Noimuvrialwer MaOdlxhagauslanMawNN'r Ibl'yfnhi nhry.(901 calendar dayel6Mwng.treeaN' -remgn¢ed vimnl3 II"11Marmatiorilnf aWn accepted I�r -5 rX�/ I create f eapbaM hazard In the POTWrchding,but not ,'1 final comaiance with appacabte pruueatmenoandera_ ane the CM as confidential hall riot be transmitted to the genera V Mined wage streams wan a Cashpoint q lass then&city(po) industrial user tabled to Wars ° pubic by the CM tins and-mass alndy wmlennotice Y • fdegrees centigrade(140 degrees Iahrenheal Iallg the req I requirement shell Submitcards Director slrmnlndca9th given to the mdutlauser. method.specified M 4b OFR.20181. inature ane wncemra,on al pollutants N dureueatmenl Sec.33-76.38.Director's right of entry for Inspection,S.C. 33-78.30. Applicability of more stringent the regulated process which ate limited be p testing and repair ) f reqagm i unci rcls nd nitre m ugahm witM1 the a erage ane ) (a) The Director and other duly aahoted employees l a State requirements d limitations on diecha II man um daily Ibw I de. Pm°°& u ore M tF ledustret 1 IN Coy bearing properwade fate and identification Sher be aM1aII lepPly inany case surer stringent than federal I aen'afadlil�which arelimited 113-such PI I Bamenl a1wa01d9 permitted'to enter al properties tor.the meiosesia,but;lot I Itshall&laewhe h rth'applicable Mehra to.inspection,.observation, mw meat•umW'wg, l requirements and lmnaL ns of more tlarlgamthantlwaevl Nla wrequramems Therailer, and one "P Divai0n, pretreatment standards d.rmaaemama ere be n0 mars es tasting, ropers and maintenance In accordance sada th ) E not,wM1n Mdaolul spar provisions d this Division. NI TM City ens b the right to.e.menta by 1 I megaton(basis and w bring Ne p (bl anile p dornung the necessary work.on private 1 ordinanceY stores t nap 9 requirements on I maintenance endw Dr beasenl le piiaaan' t amens dachaq to.thewastewater deposal system.4 deemed Indd1'r nabs ea Wancawnhth a.nanh baro properties referred to (e) theDirectCr.duly authorized necessary lococomply win the objectives 0f.thlo:Division. ' ¢tsndardazed r. a u. Tap slot sallunehe agnea by ploy of the City shalt comply wan alsafety rules s • k) Federal requirements end apply err ped naulhorlxed repo emafv olchrlMed by user end tenalad 1 appy bl to the.pro see established by theoats and the l I aler.th adoption of this Division shall apply M any case where , tobyapusldloO Drl asp al,wrequ rad Oy paegrapM1 ion 110)' ow shall beM1lM1 mlwlr-injry rd IE la theCry,. ( thou more-Winged than this Division, of subsection(b)of Section 33-78.31 employees. The Cpy shall also indemnity N oowner against .1 I Sec 33-7691.Application byspecific fmdustral users ' (c}. 'Ewa g Mkant Pnwlp k llndustn l ream end Ica damagelo its property by.City ploy ea and against ' I forecceplance of dtscherge•tl connection. Ylrddnlml sear bomb para anlal Ealy,alterlhe liability dalms and demands 1 r.personIry propene tel No significantindustrial usershot connect to or m DLuws dale d cath D I atmml anode d m to Ne case - damage asserted'against theowner as a p f the City's mmrotneuN POTW eh hundred malty(180)calendar atanew scum¢ narmmmalwamenta tire tlach pe imp Na I byMghasrce or failure of the owner to maintain sae a gauging and eampingoperation,except surly maybe caused days following theelf active date of.the DMaio masa the POTW,shat submit ttheD ector during Nig onus ol.June mMnwns Industrial dischargen been spec-Maly accepted bythe and December, less rwulred more frequemly in Ire. �p gg.T699 Enforcement. Director f Pel mm cast tlaN Or by llw satots 'n°D0 u°1�wM1icM1 are a) Alla n ;notification to ooffending owner or (b) Industrial users (welting acceptance rel their n\ dwbM Il etalmempabldatl In ndenbn'1Xia rBN� [' industrialuser,theCry Ye trend the wastewater treatment ' dischargesshall mmpale and lb with the'City an application i limited by D _ — 6 lea. dbr.repel permit wrens M1 suspension ectal '•I • for acceptance in the form preambed.by.the Cir Proposed shell include 0 ecord of mbawnd day slows dung Ire s necessary.in-the opinion of the CM in.order to.slop an naw elgnrkt\lntluaVia users chat request ecceptanceat lees) eportlrg perod Th mnshell be fined andeerawtl bye .1 actualor tarelateedd discharge which presents et may present II mnery(94)calendardays p tconnecting de quaaed pros w r paired by P ¢graphten Itol a an imminent or substantial ndng rm t tothe health or s b Me POTW. In support to theapprrarbn,the indust W user I subseeaon.(bl BI Seslen 3378.31. N de ekdrebpn a IM welfare al persons,tothe environment,to ire POTW,causes eh8ab n units and terms appropriate lot evaeatan,lh I Dnectorand mm�ad f Wlacl reswAss • bralhgh Drbw trod trance b the POTW causes the City to violate any al lobe. g ba a n; floor ,es hold Y orbutlg Iryciea the 0 enar inay agree l0 . Ida of r NPDES permit. Said medication hall be in (t) N addle. and location(d different Irom the I p the month duMgu whirl,the ab pwas. re to be •writing and delivered liaison to theindustrial user,shall address); admitted. IudeO order to cease arddea t and shall breflyd scribe (2) SIC.number according bill Slandadlnduahal (al Information muteday Bou 33-76,31and 33. the noncomplyingtl discharge threateneda discharge, -My v CI itceton Manual,' Bureau-01 the Budget. 78.32 and rem da I monitoringeq ora and results must-be • person.notified of span of thewastewater treatment 19]2 e.emendedretained by thcandlistral user fore minimum of three 131 yen, 7 eshallimmediately t Poreliminatethconnection. In , (3) Wastewater wnslwan'a ando maa[terstim 1 or longef thecase lunresoled litigation or when requested Ne Iaelal IN person campy voluntarilywitn the incteding,lord ml sed to,:DOD s spended I by the ApProv Authority, uh M nd Cit spa - order.theCity.sM1 1 yak such steps as n sada, those mentioned sections 33.]8.28 Section 337693.Dilution no substitute fortrs tment tl deems necessary to protect the citizenry.including immediate through 33]6.30 and Y other potdat which 1 No lndudel Shah increase the d Princess Willer. severance dlrheaukg connection, b to prevent would iMlba plant ped rc, Ileo low rale w In any w y attempt Ip dilute dacharye u e Penal or ;� -e damage tothe POTW system orendangerment to sludge pualnywelect water qafmy standards as complete substitute for adequate ligament b achieve thepublic. The City shallreinstate thewastewater treatment determined by reliablenaMkal laboratory, ( xompllanclawml the lin Ib m to ed M thin'Divteba.whh a we only uponproof, satisfactory tothe'Cityof the together with,any pollutant or discharge which I. Ihladeladaleqo Icalpretreatment standard.,orwith any otherelimination of the noncomplying discharge. A detailed written • 1 oak be. considered a hazardous waste If tpolldant-spe it dawn developed by the Ciyor state • statement euhm tl stay lh ode Iiel us tl bl gihec ossa disposed of dli city Sampling and'maty¢¢ I who re expresslyauthorized lig do w by en applicable stendad of the:hamlet contribution end the mae ea takeptapesant shalt be perlormed inaowrdance with prmeduree i + ortimitation, any future occurrence shall be submitted to the Cry within , established by the EPA pursuern to Section 30a(g) Ssc..3s 76.04, Massiiminlbne. lateen NS)calendar days al the mea occurrence, d Iha Alt arid damned M 40 CFR,Pan 136,m I I industrialusers(a) The Director may nese a permit to-impose mass (b) In-addnun to the provisions in subsection (a) . mended- Imitations on whth a using darter,to meet herein.ay industrial who ftr ori noticeand fcure or ' IQ T nd durallon of contribution; I applicable pretreatment standards of requirements..01 in other a al tocure the defect X ndig activitieswithinthe cure 1 I6) A 9 'a iy ma d ly and peek hourly case.where the hppmition a maw Mita-tons ars appropriate, prided,continues-to-violate the'allowing oandilions of this wastewater flow rates,l lading daily,monthly end ,f such caeca therep t&required by Section33JB'?2(b)¢nell Division,phot, y applicable au1Band federal regulations,is I seasonal varlet ane Many; ! Indicate the mass of pollutants latheeffluent of the Indualnal subject bream Hn wastewater treatmentservice.evoked byI • ( (8) Site plans,floorplans,mechanical and plLmbingreports shall regulated e plansthe City tor the following; and dstete to shoal sewers. sawn j conulni the results of sampling end analysis of the ducharyi, (1) Failure of an industrial mints accurately report the gb nnena,aM emon nen n IN'enl detail I {deluding the Cow..and the nature and concentration,or the wastewater constituents and characteristics at Os and as requealed byth.Wrecmr; production..and mass where requested by'the Dexter.of discharg (I) DBLCMtona mamas,MamasIdbontotes and mtlutenta contained theca)which are limited by the applicable (2) Failureof the iMpstrial ser to report significant' plant preteen.. an the premises Including all I petrearmem standards.Monitolnp sampling,reporting,mu& changes D rations,or wastewater constituents signilcant materials which are on caul be , cation,and record keepingshall be as prescriod in the apatite- I • and ch acerisic; discharged; ale pretreatment standard. (3) Refusal a reasonable access to the bdusulat (9) Weere known.Ilia ire end concentration of any (b) All analyses shall be DerformedM accordance with user's premises for the purpose of inspection or. park/tants In the dischalge.which are limited by any ' procedures established by the EPA prsuanttoSedion.304(g) - monitoring; 1 city,state,or federal pretreatment standards,and I of the Mt and contained in 40 CFP Pan 138 and amendments (4) Failure of an indusulatuser to provide prior mak , , a statement -regarding whether or not the thereto,or with any other test procedures approved by the EPA. 1 1 cal at any-new or Increased discharge;or pretrsaMem mended* we being met on a Sampling shall be Performed in accordance with the technique. (S) Velton of conditions of the Division. consistent basis and E not, whetheradditional ' approved by the EPA. , (c) Any D rsonwnoshatconl a n3-violation beyond opeialon. end maintenance ander add.'iena Sec.3376.35.Manholes and sampling equipment. the time'4mr'p ded foe in subtoc (b),above shall,upon pnetreatmaor aiaegdred for the industrial user to When requiredby the Director.en Industrul user shaitconvictionala environmental infraction,belined amount of meet applicable pretreatment.standards; Instal a suitable corral!manhole together with such necessary II at least one thousand dollars ls1,000.00)per day per violation, 1 191 h additional pretreatment soder meson end meters,samplers end otherappnnenarce3 In the building sewer when appropriate. maintananCe .e.0 'be required to meet the to facilitate observation, arneing and measurement of the km trey makes any lase stand rda Ibe&mases schedule by e , MINS.Such mantel whenbaqu est hall be ameaaby (d) Any personwho and I statements,Ter nlat n r cknowingl In any application, the Industrial user will provide such I safety located,and shall he constructed in amordance'wdi record,report,planother document tiled or required to be additional pretreatment The completion date In • Diann approved by the Director.The manhole shall be Installed maintained pursuant to this Division,or who requir tampers this schedule shell not be later NanthsCompliance I by the user at Its expense and shall be msintainedby the uses ' ai.ainedpor nglantty hi inaccurate any monitoring device of . data eatapashed. The schedule mall mntan In such a manner as to be sale and axde.oN at airtime.' method required underplay Division shall be guilty of a simple LKremane a prowess n farm d the farm dabs la the Coati Named by the City for sampling,data recovery end • misdemeanor,and on conviction thereat shall be tined in the oammencemem and completion al major events ' analysis shot be assessed to the Irdusiraf user. , amount not exceeding one hundred dollars($100.0e101 thirty leading to the-constructionand operation 01 ' Sec.33 76.36. Accidental discharges: (3m days inexce each 'latbn. additional pretreatment required for the.Industrial (a) Each industrial user shall provide protaoionborn Sys.33d11orPublicNohtcllon. bs f meet the applicable pretreatment Standards accidental discharge of hazardousquantities.of pollutants. I yprovideannual public IXlcatiw,m the • (e.g.,hiring en-engineer,completing preliminary ' prohibited atrals or other substances The City 6. es regulated.by NIB I ) largest deily.t w ypw ed n the municipality-In which pia mpletingl al-plans,executing contract Dlviaion.Facilities to prevent etc dental discharge of prdhbnad the POTW Ia located,of Industrial ua s whin,during the major compm tscommencing .construction, materials shall be provided and maintained a the owner endior previous tweM months, significantly violating completing construction). No increment of Industrial us own cast and eapame Deaited plans showing 1 applicable eNepretr (121menl owe Order pretreatment - progress shall mead nine(9)month. Not Wel I amropnate disposal Names and operating procedures to thanrequirements. bunion(la)Mlmar days follwing each .. 1 provide this protection submittedM shall be to the Cl review, Sec.33-76.45TYTe.40.Reserved.in.the schedule and the final dale for and stall be apeoved by the City before construction a the SECTION 2, SEVERABILITY II any of the ptovlinne of compliance, the Industrial sershall submit s facility: Allansting Industrial users shall complete such a plan • •this Ordinance any reason declared illegal or yard,Nen progress Abort to the.Director including,as aI within three hundred shtylya(385)calendardaya following the • the lawful provisions oaths Ordinance are deemed severable minimum,whether or not &complied with No � effective date of this Division.No ndusulal user.who comment. a from said unlawlutpariens and shall remain in full force and Increment al progresnto be met on such dale and; es contribution to the POTW after the sfeakve dale ofthin 1, effect,the same as if the Ordinonce Contained no illegal Or void ' ifnot,the date owinch it.expecte IC comply whh , Division shall be permitted to Introduce pollutants into the I provisbna. I this increment of progres,lb+eason Ica delay. I PICTVfayet m mifamkenutaiochege procedures have been SECTION 3. REPEALER. NI ordinances or pane of ' I and the steps being taken by the Industrial user to - I approved by One CM. RevIew and approval of such plans and ( ordinances In coned wiNlne provisions of this Ordinance ore return trocznalrudan to the established schedule. operating procedures shall nal reheve.the Industrial user from ; herebyrepealed- nonoevent shall a than alta (9)months ,u the responsibility tmadly the Industrial users as facility. p SECTION 4,EFFECTIVE DATE.This Ordinance shall be elapse between progress reponsto the Director I , necessary,to meat the equirem to of.this Divsion in lull limn end effect from.and aner Its final passage end (10) Data furnished-by the d d al user h'be I (b) In the de an accidental discharge. ncluding 7 publication as required by law aided en accordance with federally required ' slug discharges,the nd trial user shall Mancallatelytelephone i Passed and approved this 23=d nay Of July. 1991 certification.end egnalary.progisions ca t fined M 40 CFR 403.6(0(2)(19 Theft Will evaluate the Include b the POdiv ci ge,type oThwtenatwe shall d t fa ished by the industrial user,and may I volume,ume locate rreaceagelw of I concentrationeslane / qc �'r ir: require nditionainbmtuwn.Wier evaluation and and corrective mane A M tine shall be d/ //L.1G C/�A'C/ I acceptance piths data furnished;the angor mayI Dermanenty pasted on the Industrial eases bulletn board of issue a permit not to exceed.three(3)yeas. other prominent place advitg employees.of the person or ii 2 YOH Dice and phone number to can in the event.ot a dangerous accepting andlml gtp 'tl tralwao- aterdlo discharge.E ploy¢ mai erase eNnan payee.Wren may // Meq Industrial with perm¢&ahallremnn Cars.Cr sutler such dangerousdischarge to occur ere ATTEST. /h�(� n•c.'it advance of significant changes in operations, mvteedaNa emergency rosylenwn procedure.WBhwl'rve l6) CITU G[EPK t ler constituents end. ha¢q Ise tothecalendar days following an accidental discharge,,lhe ItdasNat I CM f user shall submit IB N Dheno a t lad carmen can I 13794- August 7,1991 ` i(o) All provisions of this.Division hall;b exp essy describing the cause of the discharge and themeasures to.be _- _ _ .. --- "'-� ubjectt another applicable regulations, sur map dl taken Dy theindustrial usertoprvwYibll future A by the City. I occurrences. Such mtlfWbn shag nal rola the s accept •The terms and conditions of dischargelimitations law.on any went loss,damp thr liabilityhwloh ay IN the peora may be subject to modification by the City whombe Munedaz ui I damagen the POT1V,fish kills.of 'I'mnnon rglluemema k teed In Seco 33.7028 I• any other O ag d per pmperry; nor hast uch through 337630are modified or otheryust cause exists. The 1 nolicaum rellearthe industrial un rat anytrars,c411 penalties, - dindusual user shall be informedpf any proposed chah9°e in its or other Lability which may be imposed by this Division or other 1[peeils:limitations at least thirty(301 calendar days prior to the applicable a 1-effectivetl to of change:Any changes wnew conditionsin the ISec.33-78.37P rtle IrdanWliry: 'specific l inions ghat Include a reasonable tim . hedulefor. la) All rem da;elating to mpllanmwith pretreatment mpllanstandards shallhe ads availablei or Inspection Sed copying by tel Industrial user. discharge Fmnaions shall be , the POTW or officials of the EPA or Approval Authority,upon • assigned toe specitc iMuslual user Mr a spwdb operation.A , request ` "nacho anion shall not he reassigned,transferred or sold to (b) Inbrmallon and dale concerning anindustrial us er Ann owner,new-industrial met different prmoa ora new or , which Is obtained from Inspections.remits.questionnaires, • changed operation without the maim approval of the City.Any I 1 applications for permits,para.and monitoring programa shall I succeeding owner or Industrial user shall also!comply with the , , be available to the public air other governmental agencywithour ', terms and conditions on the orating specific limitations. restriction unless the industrial user BpMftcally requests and is Sec.33-76.32. Information requtred,when standards s 1 able to d monstrate,.Mahe saldagwn of the Cny.,that the • are promulgated,compliance reports. i release of such information would divulge-Information, 1 (a) Within one hundred eighty(180)calendar days ' I processes or methods-al production entitled to.protection as t alter thepromulgation al an applicable national categorical • trade secrets of the Industrial user. When requested by the • I pnetresimem standard,industrial users subject to national , persgn or use;furnishing a report,the potions of ereportwhim W categorical pretreaeem standards shag submit to tile Director might disclose trade secrets.or secret processes('protected , the information required by paragraphs(8)and(9l of subsection', portions')shell no!be made available for impaction by the I - .(b)of Section 33-76.31,wgethl with alai of all environmental cubit,but ehalbe made evadable to governmental agencies for ,sonkrol permits held by the hal anal usersfaciM. , uses plated to this Division.and to.the rational pollutant • ""' I discharge elintination.system permit, state disposal system tt permit anmorpretreatment programs. Protected portions of e remit shall also be evailabie for we by the-state or any state l agency In judicial review or entorcemeniproceedings Involving 1 the person or user famishing the report. Furthermore,the EPA. 'shah have immediate end unlimited access N alt Nfolmalbn cotMed by the CM under its pretreatment program. } Wastewater conakwnts end characteristics wW not be • 2O ORDINANCE NO. 91-3505 AN ORDINANCE AMENDING CHAPTER 4, ENTITLED "AIRPORTS AND AVIATION" OF THE f" CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, it is in the public interest that Chapter 4, Airports and Aviation, of the Iowa City Code of Ordinances remain in compliance with all applicable state and federal laws; and WHEREAS, Chapter 4 is also in need of revision to clarify language, delete duplications, and correct inconsistencies; and WHEREAS, the Airport Commission of the City of Iowa,City has revised and amended Chapter 4 to correct these deficiencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 4 of the Iowa City Code of Ordinances should be and is hereby amended by deleting Chapter 4 in its entirety and enacting in lieu thereof a new Chapter 4 to be codified and to read as follows: CHAPTER 4 ARTICLE I. GENERAL. Section 4-1 . Purpose. The purpose of this Ordinance is to provide regulations for operating the Iowa City Municipal Airport as a safe, efficient and effective public airport for Iowa City and the surrounding areas. Section 4-2. FAA and IDOT Regulations No person shall operate any aircraft, service, maintain or repair an aircraft on the airport, or conduct any airport operations on or from the airport except in conformity with the regulations of the Code of Federal Regulations Title 14. Said regulations are hereby adopted by reference and made a part of this Chapter as fully as if set forth herein. Chapters 328 (Aeronautics), 329 (Airport Zoning), 330 (Airports), and 330A (Aviation Authorities), Code of Iowa (1991) are hereby adopted by reference and made a part of this Chapter. Section 4-3. Definitions. A. Aircraft: A pilot-controlled structure for flight in the air. Examples include, but are not limited to an airplane, helicopter, glider, or lighter-than-air aircraft. B. Airport: Any area on land or water that is used or intended to be used for landing and departure of aircraft. In this ordinance, the reference is to the Iowa City Municipal Airport. C. Airport Commission: Iowa City Airport Commission. D. Code of Iowa: Chapters of the Code of Iowa that regulate aeronautics and aviation. E. Commercial Aviation: Any person or business, who for compensation or hire engages in activity which relates to the operation of aircraft. Such activity includes, but is not limited to charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air taxi operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft and the sale of aircraft parts. 01 r Ordinance No. 91-3505 Page 2 F. Deadline: Point of access between the air side operations of the airport and the land side operations. G. FAA: Federal Aviation Administration. Federal aviation regulative branch of the Department of Transportation. H. FBO: Fixed Base Operator. Airport-based tenant who may supply a variety of aviation services. I. Municipal Infraction. A civil offense punishable by a civil penalty of not more than one hundred dollars ($100) for each violation, or if the infraction is a repeat offense, a civil penalty not to exceed two hundred dollars ($200) for each repeat offense. J. Pilot: An individual who operates an aircraft any time the craft's engine is running, or whenever the aircraft is in motion under its own power or guidance. K. Unicorn Radio: A non-governmental communication facility operating on an assigned frequency for the purpose of providing airport information. Section 4-4. Violations. A. It shall be a municipal infraction to violate or refuse to obey any of the rules or regulations of this Chapter. B. Any person in violation of this Chapter, or refusing to comply therewith, shall immediately vacate the airport property upon order of the Airport Manager or duly authorized deputy and may be deprived further use of the airport and its facilities for such time as may be required to ensure the safety of the public and the Airport. Sections 4-5 - 4-15. Reserved. ARTICLE II. AIRPORT COMMISSION Section 4-16. Airport Commission Created. There is hereby created and established a commission to be known as the Airport Commission, to manage and control the municipal airport of the City, together with any and all additions and improvements hereafter made. Section 4-17. Composition; Appointment; Term; Vacancies. The Commission created by this Article shall consist of five (5) members who shall be appointed by the Mayor with the consent and approval of the City Council. All appointments shall be for a term of six (6) years. Vacancies shall be filled in the same manner as original appointments are made. At the request of the Airport Commission, the Mayor, with approval of the City Council, may appoint a non-voting, advisory Commission member who resides outside the city boundaries. Section 4-18. Reserved. Section 4-19. Bond. Each member of the Commission created by this Article shall execute and furnish a bond in the amount of one thousand dollars ($1 ,000), filed with the City Clerk. The cost of such bond shall be paid from the general funds of the City. This bond shall not be required of any non-voting advisory commission member. Section 4-20. Powers and Duties. (a) The Airport Commission shall have and exercise all the powers granted to cities under Chapter 330, Code of Iowa, except the power to sell the airport. The Commission shall annually certify the amount of taxes, within the limitations of the statutes of the state, to be levied for airport purposes and upon such certification the City Council may include all or a portion of such amount in its budget. al Ordinance No. 91-3505 Page 3 (b) All funds derived from taxation or otherwise for airport purposes shall be under the full and absolute control of the Commission for the purposes prescribed by law, including the payment of all indebtedness arising from the acquisition and construction of airports and maintenance, operation and extension thereof. Said funds shall be deposited with the City Treasurer, to the credit of the Airport Commission, and shall be dispersed only upon the written warrants or orders of the Airport Commission. Section 4-21 . Reports. Immediately after the close of each municipal fiscal year,the Airport Commission shall file with the.City Council its report of all money received and dispersed by the Airport Commission during the prior fiscal year, and shall publish a summary thereof in an official newspaper in the City. Section 4-22. Officers. The Airport Commission shall elect from their own members a Chairperson and a SecretaryNice-Chairperson. These officers shall serve for such terms as the Commission shall determine. Section 4-23. Rule-making Powers. The Airport Commission is authorized to adopt rules and regulations for the management and control of the municipal airport. Sections 4-24 through 4-32. Reserved. ARTICLE III. OPERATION REGULATIONS Section 4-33. Operation within the City. (a) No person operating any aircraft shall land or depart at any location within the City of Iowa City, except at a landing site approved and/or certified by the Federal Aviation Administration. (b) An exception to the above may be granted by the Airport Commission or designee when it can be determined that the landing or departing aircraft will not interfere with the operations of any approved landing site, and the landing or departure can be conducted in a safe manner. (c) This Section shall be waived for hot air balloons operated by licensed, insured pilots if ballooning operations are conducted in a safe and prudent manner, do not interfere with airport air traffic, and are in accordance with applicable Federal Aviation Administration regulations. No person shall use any site in the City for ballooning operations, including departure or landing, without obtaining prior approval from the landowner. Section 4-34. Ground Operation. No person shall operate any aircraft on the airport in a reckless manner that endangers persons or property. Section 4-35. Instruction, Flying and Test Flights. All persons instructing student pilots shall fully acquaint the students with the rules and regulations in effect at the airport, including the air regulations of the Federal Aviation Administration of the Department of Transportation. The instructor shall be responsible for the conduct of the students during instruction. Section 4-36. Parking and Mooring Areas, Deadline. (a) Mooring Required; Liability. All unhoused aircraft shall be parked in the space designated for this purpose by the Airport Manager. Such aircraft shall be firmly secured to the ground by ropes and stakes, or otherwise, when left unattended or when weather conditions indicate the need for a mooring. Owners of unmoored it) l Ordinance No. 91-3505 Page 4 • aircraft shall be responsible for any damage resulting from failure to comply with this rule. (b) Deadline; Regulation. A deadline shall be designated by the Airport Manager. No person shall cross the deadline except: 1. A pilot or mechanic employed by the airport or by the owner of an aircraft located upon the airport; 2. A pilot or passenger preparing to participate in a flight. The person shall not cross the deadline toward an operating aircraft until the aircraft has come to a full stop and the operator has signaled for pedestrian approach; 3. An officer or official authorized to enforce local, state or federal laws upon the airport; 4. The Airport Manager and staff. (c) A person crossing the deadline to leave the landing area shall use the shortest possible route. (d) Deadline Marked. The deadline will be indicated by a fence or other suitable markers, and may be changed from time to time as conditions require. (e) Parking Space for Autos to be Marked. Automobiles and other vehicles, except vehicles regularly employed in the service of the airport, shall be parked in designated areas. Hangar tenants may park vehicles in or near their hangars while their aircraft is in use if the Airport Manager determines that such parking is safe and does not interfere with routine use and maintenance of airport property. Sec. 4-37. Use of Airport. A. No person shall use the airport as a base or terminal for commercial aviation except by a lease or agreement with the Airport Commission. For single commercial events, written application must be made and approval received from the Airport Commission or Airport Manager. None of the operating standards contained herein are intended to prevent any person or corporation operating aircraft on the airport from performing any services (including but not limited to maintenance and repair) on its own aircraft nor for the purpose of excluding commercial competition. Leases or agreements are required for but not limited to the following list of services: (a) Aircraft sales. (b) Airframe and/or power plant repair. (c) Aircraft rental. (d) Flight training. (e) Radio, instrument, or propeller repair. (f) Air taxi, charter or casual passenger carrying for hire. (g) Aerial applicators. Sec. 4-38. Flying Clubs. (a) A flying club is a non-profit entity organized for the purpose of providing its members with aircraft for non-commercial use and enjoyment. (b) A flying club shall not conduct charter, air taxi, or aircraft rental operations, nor provide aircraft instruction except for club members. Only club members shall operate a flying club aircraft. (c) To operate on the airport, a flying club shall: 1. File a copy of the club's charter and bylaws with the Airport Commission. ai Ordinance No. 91-3505 Page 5 • 2. File with the Airport Commission a list of club members entitled or authorized by the club to operate the club's aircraft. The list shall identify the names and current addresses of all members in good standing. 3. Notify the Airport Commission in writing of any change in membership, charter or bylaws within thirty (30) days of the change. (d) All aircraft to be used by the flying club must be identified to the Airport Commission and a valid certificate of insurance shall be filed with the Commission for each aircraft. (e) Violations of any section of this Chapter by a club or club member shall constitute a misdemeanor or a municipal infraction and shall be punishable as provided in this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. (f) Flying clubs in violation of any provision of this Chapter shall suspend all operations until such violations have been corrected. Section 4-39 - Aircraft Fueling Operations (a) A person or entity wishing to operate an aircraft fueling service for the public at the airport shall provide, at a minimum, the following services: 1 . Approved aviation and jet fuel storage and distribution equipment. 2. Sufficient land, by lease from the Airport Commission, for fueling aircraft and parking mobile fuel dispensing equipment. (b) All regulations in this Chapter, including Sections 4-65, 4-90, 4-91, 4-92, 4-94, and 4-98 regarding safe fueling of aircraft and maintenance of underground storage tanks, shall apply to persons or entities operating an aircraft fueling service under this Section. Section 4-40. Unicom Radio. (a) The Fixed Base Operator (FB0) shall provide personnel to monitor and operate unicorn radio equipment at the airport during all hours of normal operation. Hours of normal operation shall be approved by the Airport Commission. Should there be more than one FBO located at the airport, the operation of the unicom radio shall be on a rotating schedule, agreed upon by the FBOs and approved by the Commission. If no agreement is made between the FBOs, the Commission shall establish a rotation schedule. (b) The unicom radio shall be operated according to standards established by the Airport Commission. Sec. 4-41. Aircraft Repair. All repairs to aircraft shall be made in areas designated for such purpose. Sec. 4-42. Disposal of Wrecked Aircraft. The aircraft owner, pilot or agent, shall be responsible for promptly disposing of aircraft wreckage as directed by the Airport Manager, unless directed to delay removal pending investigation of an accident. Sec. 4-43. Witnesses to Accidents; to Report. Witnesses of and participants in accidents on or near the airport shall make a full report, including their name, current address, and phone number to the Airport Manager as soon after the accident as possible, and shall render further reports at a later date if required. Sec. 4-44. Unsafe Landing Area to be Marked. Any parts of the landing area temporarily unsafe for landing, or which are not available for use, shall be clearly marked at all times. Sec. 4-45. Assumption of Risk; City Not Liable. The privilege of using the airport and its facilities, and of landing upon and departing from the same, shall be at all times conditioned upon the assumption by the user of • ar • Ordinance No. 91-3505 Page 6 full responsibility and risk thereof. The user, including visitors to airport property, operators and their passengers, lessors, and the employees and agents of each of them, shall release, hold harmless and indemnify the City, the Airport Commission and the Airport Manager from any and all responsibility for loss or damage, including attorney fees, to persons or property arising from the use of any portion or facility of the airport. Sec. 4-46. Suspension of Flying Operations by Airport Manager. Except in the case of scheduled operators, or aircraft operated by the federal government or other public authorities, the Airport Manager shall have authority to suspend flying operations on or from the airport when, in the Manager's opinion, the condition of the landing area and/or local meteorological conditions might make such operations unsafe. Sec. 4-47. Landing, Departing, and Taxiing. (a) Use of field. Landing and departing aircraft shall utilize the full effective landing area of the field. Landing and departing aircraft shall maintain as much distance as possible from taxiing planes. Aircraft shall taxi as little as possible on the field, and aircraft landing or departing shall proceed to and from the effective landing area with the least possible delay consistent with safety. (b) Taxiing precautions. When landing on the airport, an operator shall first determine that there is no danger of collision with other departing, landing or taxiing aircraft before taxiing to the line or other part of the airport. (c) Taxiing speed limit. All aircraft shall be taxied at a slow and reasonable speed not to exceed fifteen (15) miles per hour, particularly in the vicinity of hangars and other buildings and shall be brought to a full stop when in the vicinity of landing airplanes. Sec. 4-48. Alcoholic Liquors and Drugs. No person shall operate any aircraft on the airport while using or consuming any alcoholic beverage or controlled substance as defined by Chapters 204 and 321J, Code of Iowa. Sec. 4-49. Blocks; Brakes. Blocks, equipped with ropes or other suitable means of pulling them, shall always be placed in front of the wheels before starting the engine or engines, unless the airplane is provided with a brake system. Sec. 4-50. When Pilot or Mechanic Required at Controls. No aircraft engine shall be operated unless a licensed pilot, student pilot, or licensed mechanic is in the cockpit and attending the controls or the aircraft is properly moored. Sec. 4-51. Reserved. Sec. 4-52. Starting and Warming Up; Limitations. Aircraft shall•be started and warmed up only in the places designated for such purposes by the Airport Manager. At no time shall any engine be operated in such a position that hangars, or other buildings, or any person in the observation areas, shall be in the path of the propeller stream. Sec. 4-53. Reserved. Sec. 4-54. Building Construction; Ground Rental and Charges. (a) Any person who desires to erect or construct a building on the airport shall be required to submit plans and specifications for the same to the Airport Commission. Commercial buildings shall satisfy all city and state building and fire codes and conform in general, as to size and shape, to existing airport buildings. a( Ordinance No. 91-3505 Page 7 (b) Rent for buildings or businesses on the airport shall be determined by written agreement with the Airport Commission. (c) All rents and fees shall be paid in advance to the Airport Manager or designee. Sec. 4-55 - Sec. 4-64. Reserved. ARTICLE IV. FIRE REGULATIONS Section 4-65. General Precautions. All persons using the airport or any of its facilities shall exercise the utmost care to guard against fire and injury to persons or property. All city,state and federal fire code regulations shall be followed. • Section 4-66 - Section 4-70. Reserved. ARTICLE V. AIRPORT ZONING Sec. 4-71. Purpose. • The purpose of this Article, to be known as the "Johnson County/Iowa City Airport Zoning Ordinance," or the "Airport Zoning Ordinance," is to exercise to the fullest extent possible the powers granted to municipalities under Chapter 329 of the Code of Iowa (1989), and to codify existing regulations of the Federal Aviation Administration relating to land uses incompatible with or constituting a hazard to aviation at the Iowa City Municipal Airport. The City Council of Iowa City and the Board of Supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, as well as occupants of land and other persons in its vicinity, and would also tend to impair the operation of the airport and the public investment therein; accordingly, each municipality does hereby declare that: Sec. 4-73. Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones: Airport: The Iowa City Municipal Airport. Airport elevation: The highest point of the airport's useable landing area measured in feet above mean sea level, which elevation is established to be six hundred sixty-eight (668) feet. Airport hazard: Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in Part 77, Subpart C of the Code of Federal Regulations, as revised in January 1989 (the "Federal Aviation Regulations" or "FAR"), and which obstructs the airspace required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. Airport layout plan: A drawing in the airport master plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. The airport layout plan is a component part of the master plan. Airport master plan: A comprehensive plan for development of the airport over a twenty-year time period. The master plan includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the master plan, and recommendations for use of land on and adjacent to the airport. Airport overlay zoning map: The charts or maps of the Iowa City Municipal Airport upon which the airport overlay zones are depicted. Copies of such map are on a� Ordinance No. 91-3505 • Page 8 file in the office of the city clerk of Iowa City, and in the office of the Johnson County auditor. Airport primary surface: A surface longitudinally centered on a runway which extends two hundred (200) feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. Airport height: For the purpose of determining the height limits in all zones set forth herein and shown on the airport overlay zoning map,the datum shall be mean sea level elevation unless otherwise specified. Inner edge: The inner boundary of an approach or clear zone which is located two hundred (200) feet out from the physical end of a paved runway (except as otherwise noted). This inner edge is perpendicular to the runway center line. Instrument runway: A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. Light lane: An area on the approach end of a runway reserved for the installation of light bars to reduce landing minimums on instrument approaches,usually four hundred (400) feet by one thousand six hundred (1,600) feet, with a slope of fifty (50) to one (1). Minimum descent altitude: The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during cycle-to-land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided, as most recently established by publication by the FAA. Minimum enroute altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes, as most recently established by publication by the FAA. Minimum obstruction clearance altitude: The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which • meets obstruction clearance requirements for the entire'route segment and which assures acceptable navigational signal coverage within twenty-two (22) nautical miles of a VOR, as most recently established by publication by the FAA. Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length. Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or on any planning document submitted to the Federal Aviation Administration (FAA) by competent authority. Sec. 4-74. Notification of Proposed Development. (a) Any person who proposes any development of a height greater than an imaginary surface extending outward and upward at a slope of one hundred (100) to one for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four (4) copies) of FAA Form 7460-1, "Notice of Proposed Construction or Alteration" shall be sent to the chief, air traffic division, of the FAA Regional Office in a ( Ordinance No. 91-3505 Page 9 Kansas City, Missouri, one copy to the Iowa City Airport Commission, and one copy to the Johnson County/Iowa City Airport Zoning Commission. (Copies of FAA Form 7460-1 may be obtained from the FAA. See Federal Aviation Regulations, Section 77.13.) (b) EXCEPTION: No person is required to notify the FAA administrator of the construction or alteration of any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation. (See Federal Aviation Regulations, Section 77.15.) It shall be the responsibility of the appropriate building official, prior to issuance of a building permit for such object, to determine whether or not the shielding satisfies the foregoing requirements. Sec. 4-75. Airport Zones and Air Space Height Limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the airport overlay zoning map. The maps prepared by Howard R. Green Company, dated June 1988, and filed in the offices of the city clerk of Iowa City and the Johnson County auditor are hereby adopted, designated and declared to be the airport overlay zoning map for the Iowa City Municipal Airport. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a). Horizontal overlay (OH) zone. (1) Defined. The land lying under a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand-foot radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (Note: The radius of the arc specified for each end of a runway will have the same arithmetical value. The value will be the highest determined for either end of the runway. When a five thousand-foot arc is encompassed by tangents connecting two (2) adjacent ten thousand- foot arcs, the five thousand-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure, except as herein provided, shall extend , one hundred fifty (150) feet above the established airport elevation in the OH zone as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH zone. (b) Conical overlay (OC) zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface of the OH zone at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet. (2) Height limitation. No structure, except as herein provided, shall penetrate the conical surface in the OC zone as depicted on the airport overlay zoning map. • (3) Use limitation. Sanitary landfills shall not be permitted in the OC zone. • • 01 • Ordinance No. 91-3505 Page 10 (c) Approach overlay (OA) zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. (Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) a. The inner edge of the approach surface is: 1 . Five hundred (500) feet wide for runways 12, 17, 30 and 35. 2. One thousand (1,000) feet wide for runways 6 and 24. b. The outer edge of the approach surface is: 1. One thousand five hundred (1,500) feet wide for runways 12, 17, and 30. • 2. Three thousand five hundred (3,500) feet wide for runways 6 and 35. 3. Four thousand (4,000) feet wide for runway 24. c. The approach surface zone extends for a horizontal distance of: 1. Five thousand (5,000) feet at a slope of twenty (20) to one for runways 12, 17, and 30. 2. Ten thousand (10,000) feet at a slope of thirty-four (34) to one for runways 6, 24, and 35. d. The light lane for runway 24 is four hundred (400) feet wide beginning at a point four hundred ninety (490)feet southwesterly on the runway center line from the center of the end of the runway pavement (including any and all paved safety areas), extending for a horizontal distance of one thousand six hundred (1,600) feet northeasterly at a slope of fifty (50) to one. (2) Height limitation. No structure, except as herein provided, shall penetrate the approach surface in the OA zone as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA zone. (d) Clear overlay (OCL) zone. (1) Defined. The land lying under a surface longitudinally centered on the runway center line or extension thereof and described as follows: a. Runway 6 - 1 ,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the southwest on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,510 feet. b. Runway 12 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northwest on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. c. Runway 17 - 500 feet wide beginning at a point 225 feet in (south) from the end of the pavement, and extending to the north on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. al Ordinance No. 91-3505 Page 11 d. Runway 24- 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northeast on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,425 feet. e. Runway 30 - 500 feet wide beginning at a point 275 feet in (northwest) from the edge of the pavement, and extending to the southeast on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. f. Runway 35 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the south on the extended center line for a • distance of 1,700 feet and widening uniformly to a width of 1,010 feet. (2) Height limitation. No structure, except as herein provided, shall penetrate the clear surface of the OCL zone, as depicted on the airport overlay zoning map. (3) Use limitations. No use, except as herein provided, shall be permitted in the OCL zone in which there is connected therewith a building which according to the 1988 Edition of the Uniform Building Code, has an occupancy rating of fifty (50) square feet of floor area per person or less. In addition, the following uses shall not be permitted, except as herein provided: a. Campgrounds. b. Fairgrounds. c. Hospitals and institutions. d. Motels and hotels. e. Nursing and custodial home. f. Residential uses. g. Restaurants and similar eating and drinking establishments. h. Schools,including nurseries,prekindergartens and kindergartens. Stadiums. j. Storage of fuel or other hazardous materials. k. Theaters. Sanitary landfills. (e) Transitional overlay (OT) zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven (7) to one from the sides of the primary surface and from the sides of the approach surfaces to the intersection with the horizontal overlay (OH) zone. (2) Height limitation. No structure, except as herein provided, shall penetrate the transitional surface of the OT zone, as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted on the OT zone. • ai Ordinance No. 91-3505 Page 12 Sec. 4-76. Use Restrictions. In addition to the above restrictions on land, the following special requirements shall apply to properties within the airport zones described in Section 4-75 and shown on the Airport Zoning Map. (a) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (b) Lighting. (1) All lighting or illumination used in conjunction with streets, parking, signs or other uses of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over two hundred (200) feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460 and amendments. (3) Any permit or variance granted by the airport board of adjustment may ' be so conditioned as to require the owner of the structure or growth in question to permit the city or the Iowa City airport commission to install, operate and maintain thereon such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (c) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. Sec. 4-77. Nonconformities. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83-3133 and 83-3160, or this article or subsequent amendments thereto, is nonconforming. (b) Regulations not retroactive. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or to otherwise interfere with the continuance of any nonconforming use. However, no pre- existing nonconforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were originally adopted. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. Sec. 4-78. Airport Zoning Commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall consist of five (5) members, two (2) of whom • a( Ordinance No. 91-3505 Page 13 shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act as chairman, who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Section 329.9 of the Iowa Code, such airport zoning commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. Sec. 4-79. Board of Adjustment. An airport board of adjustment ("board") is hereby established as follows: The board shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. Sec. 4-80. Provisional Modification. (a) Any person desiring to construct a structure or establish a use which exceeds or violates the height and/or use limitations for the airport overlay zones as provided in Section 4-75 may request a provisional modification of those regulations as herein provided. The appropriate building official may grant a request for provisional modification if the proposed structure or use: (1) Is not considered an airport hazard or an incompatible use by the Federal Aviation Administration; and (2) Will not result in the construction or establishment of a structure or use that raises the published minimum descent altitude for an instrument approach to any runway, or that causes any minimum obstruction clearance altitude or minimum enroute altitude to be increased, as determined by the FAA. (b) Persons requesting such a provisional modification shall file FAA Form 7460-1 "Notice of Proposed Construction or Alteration" in accordance with the notice provisions of Section 4-74, and the notice provisions of FAR Part 77.13. If the Federal Aviation Administration issues a determination that the proposed structure or use is not consistent with the provisions of (a)(1) and (2) above, the building official shall deny such proposed modification to the height and/or use provisions contained in the airport overlay zones. Such denial shall not preclude an application for a special exception or variance to the airport board of adjustment, as provided in Sections 4-81 and 4-82. Sec. 4-81 . Any structure which is deemed by the appropriate building official to be shielded, in accordance with the provisions of FAR Part 77.13 and Section 4-74(b) above,shall not be subject to the height restrictions contained herein, so long as the structure height does not exceed the height of the shielding structure. Sec. 4-82. Special Exceptions. (a) The height and use limitations contained in the airport overlay zones may be modified by special exception granted by the airport board of adjustment. However, no such special exception shall be granted unless the board finds, based upon written determination from the Federal Aviation Administration and the aeronautics division of the Iowa Department of Transportation, that: ( Ordinance No. 91-3505 Page 14 (1) In an application to permit any structure, tree, or use of land to exceed the height or use limitations of the airport overlay zones, that such structure, tree, or use of land, as proposed, will not obstruct landing and take-off of aircraft at the airport and will not constitute a hazard to aviation. (2) In the application to permit a use of land otherwise prohibited herein, that such use, as proposed will not be incompatible with airport operations and does not create/constitute a hazard. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the board, file the required written advice of the Federal Aviation Administration, and the aeronautics division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the board until such determination has been issued. (c) In making its determination on an application for a special exception, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (d) In making a determination on an application for a special exception as to use, where the structure has been determined to be shielded in accordance with Section 4-81 of this Ordinance, written advice of the FAA and IDOT in regard to the proposed use shall not be required. Sec. 4-83. Variances. (a) Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a violation of these regulations; may apply to the board for a variance from these regulations. Such variances shall be allowed only where a literal application or enforcement of these regulations would result in unnecessary hardship, and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of these regulations and of Chapter 329 of the Iowa Code; provided, however, any such variance may be allowed subject to any reasonable conditions that the board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the following: Any such variance shall be subject to a requirement that the person requesting the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport obstruction; and the reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense, to go onto the permittee's property to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presences of an airport obstruction. (b) In making its determination on an application for a variance, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (c) Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.15 et seq. of the Iowa Code. Sec. 4-84. Administration and Enforcement. • The administration of these zoning regulations shall be performed by the appropriate county or city building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission, or through such persons or representatives as the Iowa City Airport Commission may from time to time direct. However, as provided by Section 329.13 of the Iowa Code, such • 0 ( Ordinance No. 91-3505 Page 15 duties of enforcement and administration shall not include any of the powers herein delegated to the board of adjustment. Sec. 4-85. Equitable Remedies. The City of Iowa City or the Iowa City Airport Commission may, as authorized by Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. Sec. 4-86. Conflicting Regulations. In the event of any conflict between these airport zoning regulations and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirements shall control. Sec. 4-87. Prohibited Acts. It shall be unlawful for any person to do any of the acts hereinafter stated unless a provisional modification, special exception, or variance from the provisions of these regulations shall have been granted. (1) No person shall erect or increase the height of any structure, or permit the growth of any tree, to a height in excess of that provided by [any] of these regulations for the zone or area where such act occurs, except as provided in this Article. (2) No person shall hereafter place, or cause to be placed, above ground, transmission or distribution lines or poles or other structures supporting the same within two hundred (200) feet of the outer boundary of the airport as said boundary is shown on the airport overlay zoning.map. (3) No person shall otherwise use property within a zone established by these regulations in violation of the use restrictions of these regulations, or in such a manner as to create an airport hazard as defined herein, except as provided in this Article. Sections 4-88 and 4-89. Reserved. ARTICLE VI. SELF-FUELING REGULATIONS Sec. 4-90. Fueling and Inflammables. (a) Persons or entities operating non-commercial aircraft on the airport and intending to fuel their own aircraft must do so in accordance with the requirements of this article. Commercial fueling operations must comply with the requirements of Section 4-39. (b) No person shall use flammable volatile liquids having a flash point of less than one hundred (100) degrees Fahrenheit to clean aircraft, aircraft engines, propellers, appliances or for any other purpose unless such operation is conducted in open air, or in a room specifically set aside and approved for that purpose. This room must be properly fireproofed and equipped with adequate and readily accessible fire extinguish- ing apparatus. (c) The procedures and precautions outlined in the criteria of the National Fire Protection Association (NFPA Pamphlet No. 401 D, "Safeguarding Aircraft Cleaning, Painting and Paint Removal," and NFPA Pamphlet No. 410F, "Aircraft Cabin Cleaning and Refurbishing Operations") shall be followed in all cleaning, painting, and refurbishing operations. a ( Ordinance No. 91-3505 Page 16 Sec. 4-91 . Fueling Operations. Aviation fuels shall be sold on airport property only by vendors meeting the standards provided by section 4-39 of this Chapter and having a written lease with the Airport Commission. Private users shall only fuel aircraft owned, rented or leased by them. Such fueling operations shall be performed in compliance with this article. Sec. 4-92. Refueling and Defueling Aircraft. The following general rules shall govern refueling, defueling, oil service, and sumping of aircraft, and placing fuels in storage tanks or dispensers: (a) No aircraft shall be refueled, defueled or oil serviced while aircraft engines are running, when aircraft is being warmed by application of heat, or when aircraft is in a closed hangar or a congested or an enclosed space. (b) No person shall smoke or permit any open flame except in designated areas. (c) Prior to fuel servicing, the aircraft and the fuel dispensing equipment shall be grounded to one or more points of zero electrical potential to prevent the possibility of static ignition of volatile liquids. The refueling unit shall be grounded to aircraft. The following grounding sequence is preferred: (1) Aircraft to apron or ground. (2) Refueling unit to ground. (3) Refueling unit to aircraft. (4) Refueling nozzle to aircraft. The foregoing procedure, modified as necessary, will apply to storage dumping and to filling dispensing equipment. (d) If refueling equipment is found to be damaged or malfunctioning, refueling shall cease immediately and refueling shall not resume until the damage or malfunction is remedied. Damaged or malfunctioning refueling equipment of an aircraft being serviced will be brought to the attention of the aircraft owner or operator immediately. (e) Utmost caution to prevent spills of aviation fuels shall be exercised by any person fueling or defueling aircraft, filling dispensing equipment, or dumping fuel into storage. If a spill occurs, servicing shall cease and the spill must be removed or absorbed with suitable material. (f) Pumps,'meters, hoses, nozzles, fire extinguishers, and grounding devices shall be kept in operable condition. (g) During aircraft fuel handling operations, CO2 or approved dry chemical fire extinguishers (15 pounds or larger) shall be immediately available for use. (h) No refueling operation may be performed during an electrical storm. (i) No person shall operate any radio transmitter or receiver, or other electrical device during aircraft refueling or defueling. (j) No person shall use any material or equipment during refueling or defueling of aircraft which is likely to cause a spark or ignition. (k) No person shall start the engine of any aircraft when there is any aircraft fuel on the ground below the aircraft. (I) Manufacturer-equipped grounding devices on all hoses, funnels, and appurtenances used in refueling and defueling operations shall be maintained in good working condition. (m) No aircraft shall be refueled or defueled while passengers are on board the aircraft unless a passenger loading ramp is in place at the cabin door of the a ( Ordinance No. 91-3505 Page 17 aircraft, the aircraft door is in open position and a cabin attendant is present at or near the cabin door. (n) No airborne radar equipment shall be operated or ground tested in any area where the directional high intensity radar beam is within three hundred (300) feet, or the low intensity radar beam (less than 50 KW output) is within one hundred (100) feet of another aircraft,an aircraft refueling operation, an aircraft refueling truck, or any flammable liquid storage facility. (o) During refueling or defueling, fuel handling vehicles shall be parked in a site and manner to permit rapid and direct emergency departure. No more than one refueler shall be parked at each wing of an aircraft and no more than two refuelers shall serve the same aircraft at one time. When high capacity aircraft are refueled, additional refuelers shall park only in areas designated for that purpose by the Airport Manager and shall not be parked closer than one hundred (100) feet of the aircraft being refueled. (p) Each fuel handling vehicle shall be conspicuously marked in letters of contrasting color, with the word "Flammable" on both sides and rear of the cargo tank in letters at least six (6) inches high, and with the wording • "Emergency Shut Off" and other appropriate operating instructions required at the emergency operating devices in letters at least two (2) inches high. Each fuel handling vehicle will also be conspicuously marked on both sides and rear - with the type and grade of fuel it contains. (q) Each fuel handling vehicle shall meet all requirements of the Uniform Fire Code adopted by Iowa City Code regarding fueling on airports. (r) A fueling vehicle may be stored upon the airport only pursuant to written lease with the Airport Commission. Sec. 4-93. Reserved. Sec. 4-94. Liquid Disposal Prohibited. No fuels, oils, dopes, paints, solvents, or acids shall be dumped or disposed of in drains, ramp areas, catch basins, ditches, or any other area of the airport. Sec. 4-95. Cleaning Floors. Hangar and shop area floors shall be kept clean and free of oil. Volatile flammable solvents shall not be used to clean floors. Sec. 4-96. Drip Pans. Drip pans shall be placed under aircraft engines when recommended or required by aircraft designers. The pans shall be cleaned regularly and shall not be used or allowed to store flammable materials. Sec. 4-97. Reserved. Sec. 4-98. Underground Storage Tanks. Persons or entities operating aircraft on the airport may, pursuant to written lease with the Airport Commission, install underground storage tanks for aircraft fuel. (a) Land. The person or entity ("lessee") shall execute a written lease with the Airport Commission for sufficient ground to accommodate such buildings, aircraft parking, paved ramp area, fuel farm, and motor vehicle parking as the parties deem necessary. Access to airport property from privately owned land (commonly referred to as "through-the-fence" operations) is strictly prohibited. (b) Personnel. At least one properly trained person shall be on duty during all hours of operations as provided for by the Uniform Fire Code (Articles 24 and 79). c1 Ordinance No. 91-3505 Page 18 (c) Services. The lessee may hangar, adjust, repair, refuel, clean, and otherwise service the lessee's own or operated aircraft, provided it is done by lessee's employees. This would not prevent lessee from hiring outside mechanical labor when adequate service cannot be obtained by existing lessees of the Airport Commission. (d) Fuel facilities. Metered,filter-equipped dispenser(s)for dispensing aviation fuels shall meet the requirements found in FAA Advisory Circular, FAA AC No. 150/5230-4 (as amended) and the Uniform Fire Code (Articles 24 and 79). (e) Aircraft fueled. Only aircraft owned, rented, leased, or operated by the lessee may be fueled from the lessee's fueling facilities. (f) Fuel quality control program. All tanks and accessories shall be maintained and operated by the lessee in accordance with federal, state, and local laws regarding fuel storage and dispensing on airports, including, but not limited to the Uniform/National Fire Code, FAA Advisory Circular No. 150/5230-4, as amended, and the Uniform Fire Code, Articles 24 and 79. (g) Hours of operation. The operating hours shall be determined by the lessee. (h) Insurance. Lessee shall maintain, at a minimum, the following insurance coverage: (1) Comprehensive public liability and property damage: (2) Bodily injury: One hundred thousand dollars ($100,000.00) per person; one million dollars ($1 ,000,000.00) per occurrence. (3) Property damage: One million dollars ($1,000,000.00) each accident. Lessee shall provide a certificate of insurance upon request of lessor. , (i) Hold harmless clause. The land lease shall include a clause that holds the City of Iowa City and the Iowa City Airport Commission harmless of any liability resulting from the operation of the self-fueling facility. Sec. 4-99. Penalties. Each violation of these regulations shall constitute a misdemeanor or a municipal infraction, and shall be punishable as provided in Chapter 1 of this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. SECTION II. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 2b ` day/'of/A y(J/-Fk, 19rI. AYOR ATTEST: 7kau n�yt.) ",t) CITY CLERK Ordinance No. 91-3505 Page 19 Approv : by �' City •tto nr ey's Office 7 2 eft chapter4\chap-4.ord ai It was moved by Horowitz and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby x Larson X McDonald x Novick First Consideration 7/23/91 Vote for passage: AYES : Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration 7/31/91 Vote for Passage: AYES: Ambrisco. Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Date published 8/2R/91 ( 141 :C • ,. • CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3505 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of August , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 28th day of August 19 91 Dated at Iowa City, Iowa, this 11th day of September , 19 91 tOh(l/kle.60 Sue Jo annes Deputy City Cler CIVIC CENTER • 110 E. WASHINGTON ST. tel PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 U/6( / c //5 _ Season 19 Borg. / //"" 50> t '�"" Eec"mecute al theCommission and Crevteaby Itsnsount Artkk 1 shall execute and Iwrvsh a bond nap ail of one effy. !�I11 The thousand dollars bo wo ha hunt with the Cie general / ORDINANCE NO_ !L-35n5 The cost h such yam shall s paid from the died of • ludo of the Fitt. Theadvisory bond stall inotw be required or AN ORDINANCE AMENDING CHAPTER d any non-voting advisory commisua+membc. 'AIRPORTS AND AVIATIoN' OF THE CODE of at T e Aryan Commission shalt have and exercise all the OF r'raE COY OF IOWA CRY IOWA pawed granted to cities power toer sellCthe 330,Code Of VMEPEarS, it is m the public interest that loom,ewa, xceBpt the power thea airport, The Airports and Aunatpn.of the Iowa City Code of Ordinances Cnaptel al C tall annually01the statutesof the state,OI Uses, be e a. in And<ampince AIM all dpplkebae stele and faderel Weed 1a sawn purposes of opsuch mttto be and upon vaso cmercalgn uncil WHEREAS,Chapter 4 u else m need of revision to clarify the Kits budgetr'^slaae at o,a portion of each rv^Bfr'pe' delete W,9ytatwa and correct inconsistencies hal At lanes derived from taxation or otherwise for airport • and the Airport of IIme Citypurposes shall be under the 1VI and absolute control of City WHEREAS reviled and amt Commissionnded of Iowa the Commission mor Re purpose/.press ori by law, daaaiMwa Chapter 4 to correct these lricwmry the patents,oh all imabtmrft arising Sam NOW rHfl1ETOAE. BE IT ORDAINEO BY the acance.operation and constr eationsi of airports C{�OU`�NpCI�L��Of THE Clrr OF IOWA C TME CITY inte ance. ted and a en yn thereof. Slid • + 111. Chapter 4 of the Iowa City Code Of Ordinances credit el the AAapoet tom with the City hallTrebedis to the entirety bedemidis Mreby amended by deleting Chapter tin s m Bpn COmmiesbn,vM a1Wlft Aepon ham enacting In tau thereof a new Chapter 4 to be Commrry 'taeM written warrants or orders of the A;rpon Codified and to read as hollows: CHAPTER 4 Section s 11. lyReports . ARTICLE I. GENERAL Immediately after the closei.sof a Murals! • ��ia ��j On d�l. year.the Airpon Commission rMY r Um LT FIOLer s(r'P �3pt 1TM purpose oof the Ordinance into provide repwaMna 5r tncn Its report of all monster and Wye for°pervorq the Iowa CITY Municipal Au by the AimpoR Commiaz;Dn nurirq of pi°r an 0 efficient and effective public ax post aCaand a d slab pubhe a mmary dp.ml in an ollieYl PUBLICATIONCERTIFICATE OFthCRxroundinga'eas pulanlow.Gernd wwrnlRGtyau -Sefton 4.2 FAA and MOT Regulations seaoon422 ndpera. STATE OF IOWA. Johnson N0 person shall operate any sedan,peruke,maintain intoest's RaC Chaprrao shall .leaf hocthan County. SS: or repair an mevan On the airport or conductc e oftwa And • Sprsst tnrmnao THE IOWA CITY PRE airport operations on or from the airport excepany as the Com Tnos<hasdrsami .ervefor wen lernap SS-CITIZEN ccrttrm,ly with the regulations of the Code of Federal astM3. Rule an shall delrsmint. Regulations Trie 14 Said repulalion ere herebySection 423. RWo.mabni Powers. adapted by reference and made a pan Of this Chapter The Aironfor Commission iepemee ted to adopt rules and as WY as n set forth herein. municiregulations the management and control of the arport Chapters 3281Aeronauticsi,329 Reran Zonin0l, Sections 4 24l through 4 32. Reserved, 330 IAnpmtal,and 230A LAvutibn Authornasl,Cod[ Ir of Iowa 119911 arra hereby adopted by reference and Section 4 a3 CLE ni. OPERATION City-REGULATIONS Opetaton within IM City Sharon Stubbs, being '"'de a part of ma Chapter. "' ""oats°^W=ralnin am ity of 1MN Mm a Japan al landduly sworn, say Section aa. Damian.. env Iammn wnhm th any of Iowa GLy,except er a that I am the legal clerk of the IOWA A. Aircraft- A pilot-controlled structure IDr Agin in Aviation onsAdmmproveonanafot certified by the Federal CITY PRESS-CITIZEN, the tor.6amppanm;me.harem not looted Int An a newspaper airplane. plane helicopter, Alger, or Igma-thana, exception [d me above may be n ix by m published in said county, a Avpan AnyAp`m °°^'moa,el sir ordure when it urn b= and that aer area lard Dtwater nthat departure rat o Idetnmxdthr(e opera'rvga eepvunpprved lArpt notice, aprinted copyaircra ea to be used for landing em departure a Site'fe "n"l^`upemno or any appmxm laedIn of which is hereto aircraft b this ordinance.the eelemenst I m the site.and the landing or departure can be conducted m attached, was published in said Iowa Coy Municipal Airport, a 1.maieer. ( paper C. Aop Commission: laws City Airporthal This Section shalln d. waived ,or is air balloons fime(s), on the following O. Cormm�fsI"n. y operated by licensed. insured Wats if ballOorwig datesCode of Iowa: Chapters of the Code of Iowa that dooperatonotns arerad In a safe and prudent mateer, �' regulate aeronautics and enation, not mrtrfere with airport air Feder and are �' E. Commercial Aviation- Any accordance with applicable Federal Aviation o n who a compensationy person or business, Administration regulations. No person shall use ant site / u y which rwtetotheo llo engages iftaCofty otos Gry far without ng°pemtrornrclmrp departure ll opt open of eior Mea withkm°/.tan arnriPy ,curses. bed , bared to i• Sim" IandOwrc '^d prior approval rim tIM operations, pilot training, aircraft rental and Senian 4.34. Ground Operation. ghtseeing, aerial ph lOgraPhy, nap dusting. No person shall operate any aircralt on the airport in a aerial advertising and surveying, air tad feckless manner that endangers ' operations aircraft sales and services, sale of Section 4 3E Instructao Fl pest Fl or progeny. aviation Petroleum products, repaironsStudent andpTea Flights • myntename of aircraft end the sale of aircraft All students tuent wont te diWea dd rOtzaNNIV1in acquaint pans. the rCralt the sit W Pnt9 lad the the air regulations 5'in Fede at F. Deadline Point of access between the air side Aviation rt Admnisttgration a;toregulationseD m ftp Finaoaf Legal Clerk operations of the the Department I g operations. ai'p°nt and the land side the co naron. The instructor du 9MIl aeneaponsibk for G. FAA. Federal Aviation Aem. the conduct o,thea dents aunp instruction. Subscribed and sworntheDipn federal Section 4.36. parking and Mooring Areas,0esdine. to before me aviation repartee branch of Department of 131 Mooting Required;Liability AnrWaused aircraft shall Transportation. be H. whoced Fixed Base Operator. Airport based tenant the parked porn the designated valet at,1 hall be Ofieimly /� mayI supply a variety of aviation services. secured Pa the Manager by Mims aid stakes, or this _�) day of Municipal infraction A civil offense punishable test mother . A.D. a Can penalty of rpt more than one hundred conmons whenlett Mid I or ad y w deltas IS tool for each violation, or if the uunmated indicate the rWlerampnryiQvamae (% infraction le a repeat effern,a Civil penalt Ve an fail re t M mplyrespwth Ire mY drmepe I9 `/ Y not t° re adline Item tartar!In comply vvirl+<e denia exceed two hundred dollars ta20011dr each repeat hh Deadline.Regulation. A deadline shall be designated by offense. ��J ryryss J. Pilot An individual who operates an aircraft any Attain Manager. No perSun.NIlcr0v tete deadline -/ � . 1 tone the 9aft's engine is mewing,or whenever Oa 1. A pilot or mechanic employed by the sport a by 71 O A— h to moan under its own power o the owner of an encglt located Von the guidance 2. A NotaryPublic UnicornK pilot or passenger rammundaRadd Radio: A non-governmental la"t Thehall not tithe gperson khan erafa w+� pre Ireouefacility operating on assigned toward an operating aircraft unit the itoat NA..• MY for the purpose of grinding airport ' g` a�p RGJ pp} mlprmaoOn, come de a iw;stop and the operator oda oft k,. - wars suntan 4-l. Violations ,o pm<etdan approach: 9 as A. It shall be a municipal Infraction is 3. An officer or DIIawj ici4I upon t ed 000et; ice lofal, t d refuse to obey any of the rules or regulation,of 'tato o federal laws vpdn the anon: this Chapter. 4. The Airport anagen and stall" B. Any person in violation of ills Chapter,or refusing Id A she person crossing the deadline to leaa9M arcing area to comply therewith,shall immediately Deadline V II use the kedrtest pdeaWe red airpv,propeRY Won oder se the fur vacate ger IE nceof Marked.u The markers deadline will maybe indicatedhbe a Or duly authorized deputy IlrbManager fence or Mho e as co itions and e. be changed pu r and may be deprived from oma ei for Autos oti be Martie. m lunna use 01 the airport and its facilities IDr such time as may be required to ensue the safety of Id andParking Space vehicles, to be Marked. Automates the public and the Airport. other vice 01 except vehicles f tel be dal in Sections 6.5-4.15. Reserved. in the vanes of the mrpwe Rai be perked in ARTICLE II. AnRFORT COMMISSION - ornar heseas. Hangerlemma,satepariveseksm Section a 16. Airport Commission Created, y sir Meir defames dont Atli isd sett J op There u hereby created and established a commission , Airport Manager demurer ea that Atli parking le t0 be known as the Airport Commission.to mane and and does not interfere Rh•T'W�m and control the mune; 0maintenance7tie a of apoel Drape . :pal anpon of the City,together with 91c.a.]]. We of 11 use ' any d all adCt Send improvementslaeaft er Sectional 57 Composition Appam t T ter Vacancies A. Noperson NI e pt bye atNmement TheCO created by this Articleshall, a th haviationP o by e e t agreement five 151 b e who shall be apps ted by the Mayor +T with the Airport{p FOC tiN with the cased d approvalof the City council. All events n. application mustbe aylov51 ,; appointments shall b I six MI yearn rec Mane, from the Airport C 'af�'1eep1 . Vacancies Shall be filled in the same sinner as engin,' st Mara No appointments are made. At the request of the Airport Now of the operatingnperson.._VI . Commission. the Mayor, with approval of dm Ob Y are intended tof onpresent Ea any t IroC'I♦ Council, may appoint rlonvo"ng, advisory ba operating aircraft b t n airport Oto'awgnance Commission member who a resides outside the a servicesarlnn itOwn &s roti tp maintenance and bOundares. I repaid its Own naafi nor 1p the propos[ 01 ndWug commercial competition. .2 I iininCO IQ wingaset aenmea: ._ __..-.__ _. - - a n-rv. nefan CUP maa,vr,n ayauc,...a.,,..,..,,..., ,'_r / ._zIw .p1,• Nlr[refi sales. determined by written agreement with the Airport In order to carry out the provisions at this section.there 1W Airframe and/or Power PIaM♦ • Commission. are hereby created and established certainzones 402 p.11 Ll Aircraft t I (c1 All rents and 1 shall be paid in advance to the Airport• depicted meairport Y zoning p The ('1X1 6NI pM Ftraining. M naA or de q nope prepared be Howard R.G. Company,dated l •.. lel Radio,instrument, Drop/Y-repair. Sec 4-55-Sec.4.64" Reserved. Jane 1988.end filed in the officesf-the city clerk of PI Airtax;chart or cas*Hbeegen carrying ARTICLE IV" FIRE REGULATIONS lovaCity and theJohnson County auditorhereby Section 4-65 General Precautions. adopted. designated and declared to be the airport Ip) Aerial appbc t s - All persons using the airport or any of its Neilities shall os lay zoning map for-the Iowa City Municipal Airport. „Sec.,431 Flying Clubs. ,-�, ere se the utmost arele guardagainst" t and injury Astructure located re than one one a1 the lel A fly rq chub'Lenon profit entityt�.a^.w for rhe to person orpy. property. All city.state and federal fire folio A tones is ton id ed to be only the lone pupa et providing itsmembers winSimian for ren.' cede regWBt'Ons Shall be followed. with the mote restrictive height limitation The various COMMIKCiail uee and enjoyment. Section 468-Section 4-70. Reserved. zones are hereby established and defined as fellows: 0f s A flying ane shall not conduct charter,air taxi, wI ARTICLE V. AIRPORT ZONING (a) Horizontal overlay 101,11 zone. airnftremelopvjtiona,nor provide Hewett instruction Sec.4-)1" Purpose. (11 Defined. The land lying under a horizontal erupt far club members. Oven sub members pall The purpose of this Article, to be known as the plane one hundred they 0501 feet above the operate a flying clan egvaft 'Johnson County/Iowa County/IowaCity Airport Zoning Odnance; estebliphed airport elevation,the perimeter 01 ICI In operate on the airport, fl or the'Airport Zoning O dinance ist exercise to they swinging a-cs of ten P flying bylawsl: which is con[uledb I. File a copy if the lob's charter and wRD fullest extent the powers oda of to try too thousand-foot radii from the center of each Me Airport Commission. municipalities under Chapter 329 of the Code al Iowa end of the primary surface of each runway 2. Hie with to&part Commission a list of club 119891,and to codify existing regulations of the Federal are connecting the adjacent arcs by lines members n dd or authol he by theclub to Aviation Administrationrelating toland uses tangent to those . operatetheDIY`s aircraft. The listshallllmembntify f e0 patibl¢with constituting hazard to aviation at Mote The WILLS of the arc specified tree tames and oy^ant addresses al ell members in I the Iowa City Municipal Airport. for each end of a runway will hdvwthe same Ayre tanrairp, )- The City caann doowa CityMme Board of arithmetical 140. The value will be the TWAIN3. - N the Airport'cdm issionin writing pl any Supervisors of Jh n County f Indth t airport hazards highest determined, for ether end or the charts,in membership.charter or bylaws within and incompatible would endanger the lives and When a fve thousand-foot arc is ' thirty(301 days of the.,change, property of usersof the Iowa City Municipal A port,as runway, Idl All aircraft to be used bythe fl well as occupants of land and other persons In its encompassed by tangents connectinge [wo five flying club mus[be ads or t thousand-foot a cs the five ,iaen[Fat 1 the Airport ComM filed and a-valid- shtvicr and would so pulend to impairthe operation thee oe: construction Ifo[ shall be disregarded on the Commission t fmairport and theacyl'¢ investment to hat; insurance hell be with the I t � f the panmet[ of the COm f0 each ft accordingly,eachmunicipality do s herlir declarethat: horizontal s I 1' lel Violations e any sectionof thisChapter by a club or Sec.4-71 Definitions t 121 Height limitation. NoStructure,except es Club member shall shalluep a misdemeanor orThe following definitions onlyapoly the interpretation herein provided, shall extend one hundred municipalinfraction and by punishable as and enforcementrtheI of theairport overlay zones: in this Code. Each day provided Airport The Iowa City Municipal Alportelevation if t Owethe tdepicted airport tis occurs or continues ation in the OH zone eSdeOcted on the to i t shall violation a epa at '.sion0 Airportelevation: The highest inpaint 01 the airport overlay g map. Itl Flying clubs in of anyprovisionof this Chapter sports which elevation measured int L above 131 Use limitation, 5 Sanitary landfills shall not be bawl Klevel,mean sea Mhel ticestablished1 besixne ape a all'opegt ru until such violations haveOOrmMetl theOH beencorrected. hundred sixty-eight 1 Any s t' Ibl C overlay IOCI _ would hazard- Any structure,treeor use of land Ill Defined. Theland lying under a Surface Section 4 39 Aircraft Fueling Opvatians which exceed the Federal.obstruction standards Defineinq outward and upward from the la) A person or entity wishing to operate an aircraft fueling as contained in Part))',Subpart C of the Code of exteperiphery ofutwardthe zntal surface of the OH service for the public at 3M airport shall provide,ata i Federal Regulations,as revised to January 1989 Imo a at a slope of twenty 120110 one for a minimum,the following services: 'Federal Aviation Regulations' or'FAR'I,and which zonhorizontal distance of tour thousand 14,0001 1. Approved aviation and jet fuel storage and obstructs the airspace required foor flight of aircraft distribution tigap m. and landing or takeoff at the airport lh rwise 2 Suff t land, by lease from the Airport hazardous to sucftlanding or taking off cf. ft 121 Height limitation NostEUCtUre, except es Commission folluelmgarcraftend parking mobile • Airport layout plan A.drawngin the airport Wen provided, penetrateo the conical zone fuel dispensing equipment. master plan depicting existing and future property lines surface In the OC zone Os depicted the and facilities including but not limited to runways, airparmoverlay-toning map ml All regulations ,4' 4,and4 Bard regardingSeen/eluding 131 Uselimitation. Sanitary Iambillsshall not be 490 491 4 92 4.94,and98 o en/eluding taeways aprons,buildings and clear zones.The airport permitted in the OC zone, of aircraft and omaintenancepersons of underground storage layout plan is component part of the master plan. IC Ill Approach overlay Ie am. tankashall apse to persons or entitles operating an Airport inter pan. A comprehensive plan time 111 Defined. The land lying under a surface aircraft fueling service under this Section" development of the eloped over a twenty-year time longitudinally centered on the extended Section 440. Unicom o. period. The masterplanincludes, Bather things, eded runway center line and extending outward tel The Fixed Base Operator Ip901'radiishadprovide personnel aviation activity forecasts, deo t of needed and upward team each end ae the pnmvy to ort der end ppeuta unicorn radio eampmem at the airport facilischedule des, a developing financial plan-and proposed time surface. Note: An d remath surface'Is airport during all hours of normal operation, Hours of plan, ele for developing falili[ilo included An the master. applied to each end of each runway based normal operation shall ba approved by the Airport plan, and.recommendations to f land on and ! upon the type of approach available or Comer9ssion. Should there be more than/one-F50 adjacent to the airport. planned for that runway end-I located at theairport,the schedule, of the unicorn radia Airport s ys°Mng map:The charts armee of a. The inneredgeof the approach surface shall be on a rotating schedule,agreed upon by the the Iowa City Municipal Airport uponuwhich the airport FROs and approved by the'Commission. If no overlay zones are depicted. Copies of such map are on t1. Five hundred (5001 feet wide for agreement Is made schedule. F1303,the Commission file in the office of Me city eat Iowa City,and in the runways 12,17,30 and 35" shall establish a rotation schedule. office of the-JOMSOn County auditor. t 2 elm thousand 11,0001 fee[wide Ib) The unicorn radio shall be operated according to Airport primary surface: A surface rengieWlnallr for runways 8 and 24. standards established by the Airport Commission. centered one runway which extends two hundred 12001 b. The outer edge of the approach surface Sec.4-01. Aircraft Repairfeet beyond the-end of a runway. The width of the is: All repairs to Oilcnp shall be made in areas designated Primary surface of a runway shall be that width i I. One thousand live hundred for such purpose. prescribed in Pan))of the Federal Aviation Regulations I 11,5001 Ieet wide for runways 12, Sec,4-42. aposal of Wrecked Aircraft. the mast precise approach existing or planned for I 17,and 30. The aircraft owner.pilot or agent,shall be responsible either end of that runway. The elevation of any point 2. Three thousand five hundred on .the promptly disposing 01 aircraft wreckage as directed atne primary wane is the Same as the elevation of 13,5001 feet wide for runways 6 by the Airport Monger, unless directed to delay the nearest point on the runway center lire. and 35. removal Witnesses Mo Accidents; of an¢peat-ill, Airport all Far the purpose of determining 3" Four thousand 14,0001 feet wide Sec.4-43" Witnesses to Accidents;to Report. heiart limits in all zones set forth heron and shown on for runway 24" Witnesses of and participants in accidents on or near the airbel overlay zoning map,the datum shall be mean ci The approach surface zone extends for the airport'shall make a full report,including their name, sea lever elevation unless othetwise sanad. a horizontal distance et: current address, and phone number to the Aspen Inner edge: The inner boundary offan approach 1. Five thousand (5,1001 feet at a Manager as soon after the accident as possible,and clear zone which Is located two hundred 1200)fee[outslope of twenty 1201 to one for shall render further repents at a later dated required. from the Physical'end of a paved runway(except as s 12,17,and 30. Sec.4-44. Unsafe Landing Area to be Marked. otherwise noted'. This inner edge Is perpendicular to . Ten thousand 110,0001 feet at a Any panTen th 2 s of the landing area temporarily unsafe for the runway center line. slope of rainy low 1341..0 one for landing, or which are not available Ior use,shall be Moirument runway: A runway Wim. xstilg runways 9,24,ur1and 35, Clearly!narked at all times. instrument approachroach. procedureure f IOr which. On ' I. The light 1 r runwaywide be . is IOW Sec.445. Assumption of Risk;City Not Liable- instrument approach procedure hasbeen approved Or peens l teen f r wide beg nitros fateet t The privilege of using the airport and Its facilities,.and planned. point door 01 f net ninety 1cent teat a of landing Upon and departing from the same,shall be Light lane: An area on the apn•oach end of a southwesterlyfourhu toon the runway center line at all times conditioned upon the assumption by the runway reserved'for the installation of light bars to runway center in end of the user of lull responsibility and risk thereof. The user. reduce landing minimums on Instrument approaches, the center of there any and alle including vi,less to airport proper .',aerators and their usually four hundred (4001 feet by One mo01to Sm paved horizontal distance arof one thousand extending fora passengers,lessors,and the employees and agents of hundred(1,6001 feet with a slope of Iifry 150)to one Paved safety 001f ), nding Io pia each. of them, shall release, hold harmless and i CH. i hundred 11.y 1501 to northeasterly-at nhthousalnd sx indemnify the City,the Airport Commission and the Mlemum de I.elft de Thelowest altitude, slope of 01 011¢ one. Airport Manager from any and all tresponsibility far loss expressed'.i feet h meanale el t0 which 1 121 Height limitation.eNostructure, except as ors Oge, including attorney tees to persons on descent is authorized on final approach or dump cycle- heron provided, p penetrate the approach property arising from the use of any portion or facility of to-and maneuvering. in execution of a standard t surface in the OA zone as depicted en the the airport, instrument approach procedure end where no electronic Sec. 446. Suspension of dying Operations by Airport glide slope is provided,as most recently established-by airport Overlay zoning map, Publication by the FAA. 131. use limitation, Sanitary landfills shall nit be Menage,- Du permitted in the OA.zone. Except in the the of scheduled operators,or aircraft Minimum endues altitude: The altitude in effect Idl Cleat overlay lOzone. -operated by the federal government or other public between radio. foes which assures acceptable 111 OOfiMd. The land lying under a surface authorities,the Airport Manager Shell have authority to navigational signal coverage and meets ,obstructionmost I Bryn or eete centered on the runway cantor in the suspend flying operations piOn or Hem thef heairportl when, clearecently requirements between mase fixes,as most line Or extension thereof and described as in the Manaler'a opinion,e the condition of the landing ecently est bl'hed by publication/by the FAA. follows: area ender local meteorologital conditions might make Minimum obstruction clearance obtrude: The a. Runway 5-1,000 feet wide beginning such operations unsafe. airways,r .alotadw in effect between radio Yeas on VOR at a point on the runway center line Sec.0.47. Landing, n g and Taxiing. ws off-airway. oresor tilforsegments h which extended1001 t [from the end of tial Useof lits. Landing and departing aircraft shall utilize 1 meets onoome o clearancerequirements afor the entire i the pavement, and extendingcenter to the the full alIactive lending area of the held Landing and route segment aha which assures acceptable southwest on the extended center ins departing aircraft Shall maintain as much distance as navigational signal coverage within twenty-two 1221 for a distance of 1,Tt10 feet and • an le from taxing planes. Aircraft shall teal as little nautical miles of thea VOPV as most recently established by widening uniformly to a width of 1,51D possibleasspreon the onitl and raft lending r departing Publication.by FAA, feet shall proceed to and frem Irethe affective ef lective landing areaRunway:Ad h ed area o an airport gth- ed for h, •Runway 12- 5001em wide e beginning with the least possible delay consistent with safety. lending and takeoff Tahvaft along.its length. I at a dpoint on the runway the line 1bl Taxiing precautions. When-landing en the airport,an Visual runway: A runway intended solely Ior the extended 200 feet out from the end of operator strap first determine that there is no clanger of operationof aircraft usingnsual approach prOeedurea the pavement, and extending to the collision with other departing,landing or taxiing aircraft with.noruwart rd instrument approach procedure and northwest on the exten00 center line before taxiing totheline Or other part of theairporL instrument designation indicated i an FAA for a distance of 1.000 feet and 10 Taxiing!Mead espe All -crlenceedetaxied at a slow approved airport layout Plan any planning widening uniformly to a width of 700 end reasonable speed not toexceed fifteen 1151 miles document submitted to the Federal Aviation feet ,per hour,and the vicinity fu hangars and other Administration(FAA)by competent authority c. Runway 1T..500 feet wide beginning buildings and shall be brought to a full stop when in the. - - endat point 225 feet in(south'from-the vicinity of landing airplanes. . ofDI the pavement,end extending to Sec.4-48. Alcoholic Liquors and Dregs. Sec.4-74. Notification of Proposed Development. the north on the extended Canter incI Noperson shall ope to any e11 en the airport whin el Any Personwho Protases any development[01 a height foe a distance oG 1,000 feel and using or consuming Y oh beverage or controlled C 1pd greater than imaginaryclsurface extending11001outward widening uniformly to a width of 700 substance as defined-by Chapters204end 331 J,Cade and upward at sop tone hundred 11 WLto one for leer of Iowa. a horizontal distance of twenty thousand(20,00011eet• d Runway24-1,000 teal wide beginning Sec.4.49. Blocks:Brakes. from the'nearest point of the nearest runway shall Blacks,¢Qui peed with ropes or other suitable means of notify the Fedeeeb Aviation Administration(FAA). One et a point the runway center line pulling them,shall always be placed in front of the executed form ort dour.141 copies] f FAA Form 7460. attended 2001 eet out from the end of the pavement. and extending to the Wheals beforestartingIdethe brake system. a111¢SS the I.be ic he of Proposed air Construction divi Alteration'. alhe FAA northeast on the.extended center line airplane hen Pilot with ao0ke system, sent to the thiel,air valllc division,W the FAA for a distance of 1,700 feet and Set.450. When Pilo[or Mechanic Required at Controls. Regional Office in Kansas City,Missouri,one copy to to a width 011,425 Na aircraft engine shall be operated unless a licensed the Iowa City Airport Commission,and one crpytwieeninB uniformly o the feat n pilot, student pilot, m tl mechanic Is in the Johnson C tydowa City-f port Z .B Commission. e. Runway 30-500 feet widebeginning and attending thehe controls or the a ] neral[ s 1CopieS of FAA Form 7450-1 May be obtained from theat 4pmnt 275 feet (n nhwesti from properly moored. FAA. Federal Aviation Regulations;Sanson A.13.1 the edge of the pavement,. and Sec.4.51. Reserved. Sec.4-52. Starting and W 'np1,p;Limitations. fliEXCEPTION: No person-erequired tonotify the FAA extending to the southeast On theemended;e t line lor a distance of Aircraft shall be started and warmed up only in the administrator f the constructian or alteration of any },0001 feet and widening f rorty toe places.designated fors It purposes by the Airport n par that Id beshielded bY.character structures of width of)001 et , Manager. At no time shall any engine be operated in a permanent and substantial chs a t r or by natural 'f. Runway 35-SOD feat wide beginning such a positron that hengar5,or other buildings,or any , terrain Or topographic features M greater or greatat of a pont-on the nY11W ry."CQn10!lime the m the stream.Observation areae.shall be in the path of height,town.orsettlement¢whva theon is a Gent beyond extended 200 feet Out from.the end of the propeller stream. all reasonable doubt that the structuso shielded will the.pavement and extending to the re Sac 4-53. Reserved. not adversely sited palmy in eh navigation. .(See I south an the extended center line far a Sec. 654. Building Construction; Ground Rental andnot Aviation Regulations,Section 17.15.)'It shall be distance of 1,700 feet and widening Charges. the responsibility f th pp oat.b tane.0lficsl, uniformlyt width o11.010f t '131 Any person who desires to Creel of construct buildingd priorto issuance otabu building permittor oue;object,Ip 121 Hight limitation. Nostructure, except as On the airport Shall be gained to submit plans and herein provided. Shall penetrate the clear specifications Inc the same to the Airport Commission. determine whether or not the shielding sOh3fias the surface of the OCL zone,as depicted on the Commercial buildings shall satisfy all city and state...! Ioregoing.requirements. -_- _ airport overlay coning map. building and lire codes and conform in general,as to , - size and shape,.to exist ig airport huildings.� _ 2 / Irl rersans requesting satoe provisional mtheivanun.nc. v.v..vas iweixev, 'Noticed iss,w exnpiaunsor in in which there connected In wM1 v4 - rile FAA F 7460,1 N t I Proposed C st f such ra to create airport rd as building M1M1 accordingt the 190B Eaton definednpb except provided Vs Article. of the Uniform Building Cede. has Alteration' d ry the notice s Sections 488 and 4-89. Reserved.0p rating pl fifty 1501 q d feet of 1 Section 4-74.and.the p of FAN R ARTICLE Vi SELFFUELING REGULATIONS J 71 _ ( leer areape person s. In addition.the ]],13 If the Fed Aviation AdministrationeSeC 490 Fueling and-Inflammables following see shall not be permitted'except determinationthat theproposed V t not as herein providedconsistent with the provisions of N10 and121 above. la) Persons-or tech operatingacthcornthercial rvtFs the airportm[ fuel ecthis Campgrounds. the building official etch deny such •Wopose0 atrWnte well-the ratiifem uis of this Da Fairgrounds. modification to the height ashler use provisions do Commercial ISoperations mss comply c. Hospitalsand' ipru, npuMdinsM damnoverlayr zones Sore dtnwith to [quirements of Section.4.39. Motels and Weld t precludeanreplication tsasp -al exception vi I 101 No pe re shali use flammable dlatieiquide having a e. Nursing and cusodial home. variance tothe airport b and of adjustment.as aovtled Halt point of less than one hundred'11001 deglrrs I. Nes'ldemwl aids. in Sections 0-01 and 4BY. Fafwenheil so clean aircraft,eithrert engines.prape:lre, p. Restaurants end similar eating aSec.4-8181. appliances or ler any other purpose unless such drinking establpdia. Any structure which ns deemed by the aDOrotnate operation ;s conducted in open air, in a room h. SCkloIs, c(i ading nurseries, building fl-Galt be shielded,in accordance with the SpC1' lly set aside and approved for that purpose. pren and kindergartens• provisions of FAR'Part 77.13 and Sen 4-70161 TIG must by.properly fireproofed and equipped i. Stadiums. above,shall not be subject to the height restrictions with adequate and readily accessible fine•extnguishin0 j. Storage of (Uel orothe6 hazardousoeherein,to long as the structure height does apparatus, matenals. notf exceed d the height of the shielding structure. 1 lel The procedures and precaundns au-tided in the criteria k. Theaters. Sec.482. Special Exceptions. el.the National fire Protection Association (NEPA I. Sanitary landfills. OM The height and use limitations contained In the airport Pamphlet No.401 D,'Safeguarding Aircraft Cleaning, lel Transitional overlay 10TI zone. overlay zones-may bemodified by special exception Painting end Paint Removal;and NEPA.Pamphlet No. Ill Defined.The land lying under those surfaces planted by.the-airportboard ell adjustment. However, 410E 'Aircraft Cabin. Cleaning mid Refurbishing extendingnd and upward at right no such special exception shall be granted less the Operations I shall be followed in all cleaning,painting, the runway to the runway center line and the board finds,bated upon written determination from the and refurbishing operations, runway center line extended-at aslope Of Federal Aviation Administration and the aeronautics Sec.4-91. Fueling Operations. seven 171 soh one from the sides 01 the division al the Iowa Department of Tnsportatbn,that Aviation/uels-shellac sold en airport property Only by primary surface and from the sides of the vendors meeting thy standards provided by section 4-39 approach surfaces to thection with (11 In an application to permit any structure,tree,Or 01 this Chapter and having a writtenlease with the zone. the horizontal overlay(OHI zone. use of land to exceed the height i[e o s Airport Commission. Private users shall only fuel 121 .Heighalimitation. No structure, except as of the airport.overlay zones,tot such structure. aircraft owned.rented or leased by them. Such fueling herein provided, shall penetrate the tree,or use of land,as proposed,will not obstruct operations shall be performed id compliance with lois transitional surf see 01 the OT zone, to landing and take-elf ofaircraft at the airport and article. 0 d [d en tee airport overlaY zoning mea will not constitute ha a Iia N to aviation. Sec 4-92. R I 13) Uselimitation. SanitaryI hairs shall not be 121 In the applicationt permit useof land y otherwise Refueling'and Detueling Aircraft. permitted on tM'OT zone, prohibited herein.that suchuse,as proposed will The following general rules [hall govern refueling, Sec.4-78. Us Restrictions, airport t be'incompatible 1 bl9 with p t ns and del np service, andswiping 1 aircraft, d In addit tolheabove destrictions on land, the does not create/constitute a hazard placing duels storage tanks a dispensers: following special requirements shall apply to properties (b1 An applicant for a Special exception hereunder shall,as lel No ed N dull be 1 tl deluded oil part of rho application submitted to theboa T1 try serviced while aircraft engines are to ng.:when within the Ortzona described in Section 4-75 and q d etc advice01 theFederal A t smear l being^warmed applicationof Mat or shown ontlieA e t Zoning.er ala. a whensacral t in closed hangaror congested Administration,tat d the aeronautics d Ito I w 0 enclosed spa IM N structureshall'b erected that eraises its Department 1 T d p Transportation. N0application for instrument published minimum descent altitude foran1b/ Nopersonshall smoke permit any open flame - u teppecte t'any runway, shall anyspecial exception d a lbesetf hearing by eceptl desgntda • of tr tib erected that ¢ the m theboard until h determination hasbeenissued. r making 1 determination- for d GI Priort rue 0 al un and the Icer obstruction t clearance orminimumroma dispensing oupm i shall be grounded[ eon altitude to be specialexception,Fied the board shall apply and be boots mere points of zeroelectrical potential(p event Ibl int All. by State.and Federal regulations ap01'cable to the Iowa the possibility 01 static ignition volatile 111 withtte0 rilluminationdi herustt on City Municipal ArOOn r ids' streetsp g.5 Ther uses of Ida making adetermination en an apvleaf0l a The refueling unit hall be g11d'( aircraft. rico gra be aI The following grounding sequence is preferred: IoM and structures.shall arranged and exception as btMame the structure has been4- 101 Aircraft to apronground.— . op _ 81 determined to n i, drtencadva withSectionaI 121 Refueling unit to ground, misleadingsleadin suchta manner that it is ing 81 of.this Ordinance,e,the writtenroseaddipu useothe FAA and 131 Refueling unit to aircrart. or rt or frons l0 aircrail ererabg (DOT'in regard fig proposed shall not be 141' Refueli fromtheairport end vicinity thereof. required. nozzle toaft 121 The fangstructureover twohundred Sec.eel Variances. Theforegoing 0 duce, modified as QUO/feet.above ground lee I accordance with on '.1 1 Any person desiring to.erect int toheighttree,of 7 thc0 V will.apply to storage dumping and to the structure lighting any structure, topermit the growth i any t or filling tl pe 0 equipment. Federal Aviation.Ad -tradon Advisory r otherwise pee property Ina manner which wound to Ida IIrefuelingequipment f d ceasethee damaged or Circular 70-7460 and ameramenip. constitute a violation ofihese regulations,eseegmay apply to malfunctioning,. 11 rot resume shall til immediately 131 Any permit or variance sby the airport • and rotueing small'not until the damage or Aranthe-board for a variance from these regulations Such malfunction aemedied. Damaged or • board of menl may be so conditioned shall oe allowed only. where a literal y malfunctioning)refueling equipment of an aircraft as to require the owner of the city,ue o application or enforcement of these regulations would being serviced will be'brought to the attention of r growln in questioninpeq to permit the grind resuldp unnecessary to the,p.ane;the-relieferestgrantee thea craft owner operator immediatoly. Iowa City airport is os to Metall, would not be contrary to public interest,but would lel Utmost caution.to Prevent of aviation fuels operate'and maintain thereon weRmaaers do substantial rustic!.and be in accordant°with the shall be exercised by any person fueling or or lights as mayce necessary to indicate to spirit of these regulations and af.Chapter 329 of the, 1 deluding a rcraft,filling dispensing equipment,or pilots the presence of an airspace hazard- Iowa Code,provided,ded,however,any such variance madumping fuel into storage JL a spill occurs, (e/ No operations acorn any useshall enols boallowed subject to anweesonable conditions e purposes the servicing shall cease and the spill mustpit occves electronic interference with.navgation signals or board may deem necessary to effectuate the purposes absorbed:.wcease table spialmaterial, ♦atli0 c munieadon between the airport'and of Chapter.329 of the Iowa Code, IMludiog but not III Pumps meters,hoses,nozzles,sire extinguishers Halt m limited to the following: Any such variance shall be Sec:4-77. dancer' mikes. S heel to a requirement that the personegeestinp'ihe and grounding devicesshall be•kept in operable N) Defined. Any structure pros �rt thereof which does variance, at such person's ownexpense, install, condition. not conform to the provisions of this article relative to operate and maintain thereon such kers aha lights IBI D(0 troll fuel handling extinguishers CO:or M'iM,and any use which is not allowed within theas may be necessary to indicate to operators of aircraft appedr dry chemical fire extingushers 115 airport overlay zaoeln which ibis located by reason of the presence of a airport obstruction; and the pounds or larger/Shall be immediatelyavailable Re the adoption of Iowa City Ordinance Nos.83-3133 and reservation of to right of the City of Iowa City arid the use. 83.3160 or this article er subsequent amendments Iowa Citterport Commission,at their expense,to Ihi No f ueling operation may be performed during en thereto, efarming. go onto the pe property t Ill.operate,and 1 et ro Ibl Regulations not retroactive.The regulations prescribed maintain thereon such markers and lights as may be. til. N°pc shall Porate y'!tl i muter or herein shall not be construed to require.the removal, necessaryIndicate to operators.01 aircraft the receiver,of other electrical device-during aircraft lowering, orotherchange to - thermion 01 any Presences co refueling 0.deluding. D Of airport obstruction. gl'� Noy shall ¢any materialorequipment eofstructure o treetcon(t g to len ohernS w 1 b making its determination St d the n cwit i t pf ih s article,yor to if r ii g variance,the board.shall apply end be bound byw State • duringrefuelinge a s de(el 0 tio. cr Ii which➢ interfereswith ver, tlinu re a of any nonconforming and Federal regulations applicable i0 the Iowa City ly ll Cause spark ignition. use. Hawevet o t ha resting nonconforming Municipal Airport Ikl No Denson shall start the engine of.any o scroll structure,tree,Or use shall bo replacep,rebuilt altered, Ica Anyappeal from the decision of the board of when there iany ft fuel othe ground below the aircraft. or allowed to grow higher,of be replanted, so as to aelustment shall be in accordance with the provisions of 111 Mdnufdcturei'ynu,peed erourbrnp tleriees on all constitute greater airport hazard than it was when Section 414.15 t q.of the thwecemyne. hoses, runnels., and. appurtenancesused n these d regulations were'originally adopted. Nothing I Sec.e04)Administrationand Ezeningmens. n contained herein shall require any change in the Theadministrationof these zoning mONatiity shall be ref UOI in arid a lueliinp operations shall be Construction, alteration, or intended use 01 any performed by the appropriate county Or city these bladed maintained In BOLO working condition. s(rucl o theaeffefpn or alteration of which was begun °hoof,as its case may ba. Enforcement of mesa Iml No aircraft shall be refuel or deluded while prior to the effective date of this article and:is zoning regulations shall be the responsibility of the Iowa Passengers are on board the aircraft unless a completed within one'year thereafter. City Airport Commissien.or through such Persons or Passenger loading ramp is c alt do at thecabin ICI Marking and lighting.section, Notwithstanding the preceding representatives as the Iowa City.A pee Comm SS On ' door of the aircraft theaircraft door a n open provision f this cion theowner of any y ftime tot direct. However, provided by I Position and cabin presentai or near nonconforming se t tree is hereby required to Section329.13.of tee 1 Code, such duties of the cabin eel. permitthet ll ti operation, and ma emaintenance emenl M. e - I t b se tinclude any o1 Irl Nob radarequipment shall be Operated or thereonf n k dight ssear'be the powers necessary the powersM delegated to the board ofaGustmeni ground tested in y aM the directional to indicate to the p lab 01 smelt in thevicinity of high intensity radar bowels thn three hundred the airport.tha presence of such airport hazards. Such Sec.485. Equitable Remedies. 13001 feet.or thel intensity redo b am!less . markersrs and lights shall be installed, operated, and The City Of lova City Or the Iowa City Airport than 50.KW output'is within-one'hundred 11001 maintained et the expense al the Iowa City eolith Commission may, bySection 329.5 Of the feet of another it an aircraft refueling COm bo Iowa Code,maintain t in equity to es I In and operation, an aircraft 1 g tuck Or any Sea 0-7C Airport ZO nB Commission, abate u the creation or establishmentof an flammable b1 liquid storage Ia luY A Johnson County/IowaCounty/Iowa City' Airport Zoning oCounty re hazard pertaining t the IowaCity Municipal of Duringrefuelingo d f B fuel-handling vehicles Commission a 11 beprovided I llo s: The airport Airing n v pl'these regulationsto any area, shall beparked site-a d manner t0permit zoning hall consist of ley 151 embers: whether within the territorial i es I thetldirect.emergency departure. Nomore two 121 of.whamshall beappointed by the board of CityICry. Nenone circler pall be parked at each got supervisorsof J e ty nd two RI Of whom Sec.486 Conflating Regulations. It end I thantwo1 hall shall bselected ay the city emanated the C'ty of Iowa f f in the enc of.ony conflict between a nae airport the e i t Whenhigh City, Iowa, and one additional member to act aszoning regulations and any other regulafans applicable capacity aTnafta re s denied,td foe nai(duelers chairmen.who shall.be selected by a maietry vote and tO the same area,whether thecontact 0 with respect shall park only in designated ated rw that purpose the members selectedby the b d of supervisors and to the height f structures ortrees.ehe u5C'0l land,or by the Airport Manager and shall not be parked City I. The terms of such members shall be asy,other matter, the more sh ngect T t➢hOn OI bceosering a t'a teed hundred 11001 feet of the a renaft provided by Seethe ov 329.9 of the Iowa Cede. As requirements ue shall control. o acquired by Section 329,8 of the Iowa Code, such sec.n-82 Pron;dt e A rp. Ip/ Each fuel in tong vehiclehall be c o Vously airport ng.omniss shall.follow the-procedures markIt shall be unlawfulf a d (sten f contrasting color,with.the Y Person I d y Itho is Ord'Flammable'o bpm sides arta of the pray tletl n Sections 416 4 antl 61e.B of the Iowa hereinafter. stated unless a Provisioner modtcat o^, tarps tank in letters at(Case SPX 161 intoes high, CM speial excepto 1 tM1 pee sons of and with the wording'Emergency Shut 011'antl Sec.499 Board er Adjustment. these regular n lld b grantd. to An airport Mrd of adjustment fboarc9 Is hereby 111 No verso -h II erect Cr the he M fan et prate operating instructions required at established as follows: The board shall beoconsist of liveB Y the emergency operating deuces in letters at least Si1members:two 121 sl whom be appointed by structure,or Perms the growth 01 any tree,to a , two(21 inches high. Eachud handling vemcb the board of supervisors of Johnson County end iwol2l hss ati (iM1 r p p e e Oy{ YI I m¢ze Il also be conspicuously.marked on both sales of venom shall be appointed wtnrbethe City council of laws oc regulations for the zone or area where such OCM a and:rear with the type and grade of fuel it City,andadditionalebe t hairman PI 0 0 tl M1 Art 1contains RI Noper[ hall.h¢hereafter OI ethic 10 be 1 Ipi Each fuelhandling hi I shall meet all who shall le ed by by maturity voteof the placed above ground.trans s distributioni embers selected by the board of supervisors and airy loot or poles or Osner.svuctures sepportn IM requirements of theu l el Code adopted by council. The terms I such members shall bee same within twohundred etl 12001 fee[of the outer I City Care regarding be I I' p airports. provided in have she 329:12 of the Iowa Coda. .Such boundary of theairport es said boundary is shown Irl A fuelingvehicleto may estored upon-the airport beard shall the powers and duties,and shall fellow On ih¢air0urtoveAay zoning map. only pursuant to written lease with the Airport , the procedures, provided by Sections 329.1.1 and 131 No parson shall of erwise use property within aCommission. 329.12 of theIowa Code. zone established by these regulations n violation Sec.a 03 ReservedDis el 4B0. Provisional e ModRation. _- -__ _-- Sec.4-94 Liquids,dopes, Prohibited, NI Anypersone whit desiring to construct a structure Or establish Nofel oils,dopes,paints,solvents,or acids shall be which exceeds or violates the height endear use dumped or disposed of In drains, ramp areas, catch limitations for the airport etl y zones as D ided.in basins.ditches, r any otherarea of the amine Sect 4-75 may requ st a provisional modification of Sec.4-95 Cleaning Floors. int regulations as hereinprovided. The apOBpldb Hangard era area fl 'shall be kept cleanstd free building of ficial may grant a rallies! for pfov;Soni of V Volatile flammablesolventsri shall m beused to modification itf the proposed stricture or.use clean floors Ill Is net consideree an airport hazard Or n Sec.498 Drip Pans. Incompatible use by the Federal Aviation Drip pans shall he placed under aircraft engines when Administration; m on;and renOmenbed Or required by'aircraft designers. The 121 Will not result in the use that non et they establishment pans shall be cleaned resblr ly and shall not be used or of a a[runure en u e that raises the published allowed to store flammable:materials. Sec.49]. Mesasad. rminimum dys altitude fez en amts sty Sec.4-98. Underground Storage Tanks. miappnoachimum to any ionrunway, oar tce altitude 8fny Persons or entities operating en the airport r^a/, m imum nroute obaltitudestruction etoance altitude a he minimum empuheA , to be increased. a pstail utmwuwiden kamwehdsjoryscauJua.-i :�, determined by:the FAA: _ s !rv52a11 wgeryloutld SJIYgp.4nacc.lp[ziulaLLJul:i. - C221 0247. 9'7-.3so5 e(•_/ hal band.Thepetson ai entity l'lessee'ishall execute swritten lease with.the Airport Commission for uuicient around to accommodate such buildings., aircraft parking,paved lamp arca,fuel farm,and motor vehicle parking as the parties deem necessary. Access t0 airport property Irom privately owned land (commonly referred In as; _avouglsthe.fenco 'operations) is strictly) prohibited. Cbl Personnel. At.least one properly trained person shalt be on duty during all Plows 01 operations as provided for by the Uniform Fire Code(Articles 24 and 791. lc) Services. The lessee may hangar,adjust,repair, refuel,clean,and otherwise service the lessee's awn or operated aircraft,provided it is doneby lessee's employees. This would not prevent lessee from Ndng PLANO.mechanical labor when adequate service cannot be obtained by existing lessees of the Airport Commission. Id) Fuel facilities. Metered. Iiller-equipped dispenserlsl for dispensing aviation fuels shall meet the requirements found in FAA Advisory Circular.FAA AC No,150152394 las amended) and IM Uniform Fire Code(Articles 24 and 791. lel Aircraft fueled. Only aired)t owned, rented. leased..or Operated by the lessee may be fueled • Isom the lessee's fueling Facilities. 111 Fuel quality control program. Al tanks and accessories shall be,maintained and operated by the lessee in accordance with federal,state.and local aws regarding fuel storage and dispensing on airpons.''Including, but not limited to the Unr, dorm/Natmnal Fife Code, FAA Advisory Circular 1 p No. 100/9230j4.as amended,and the Uniform Fine Code.Putties 24 and 79. tat Hours of operation. The operating haws shall be determined by the lessee. Ira Insurance. Lessee shall maintain,et a minimum, • the Iolloviing insueance coverage: 111 Comprehpnsiee pubs liability and property damage: I21 Bodily injury: One hundred thousand dollars 15100,000.001 per prison:comedian dollars 191.000,000.001 per occurrence. 131 Property damage: One million dollars' (S1,000,000 001 each accident. Lessee shall provide a cenifleate of insurance upon request at lessor. lit Hold hamlless clause. The land lease shall include, a clause that holds the City of Iowa City and the] Iowa city Airport Commission harmless of any, liability resulting Irem the operation of the sen- t ueling ell'fueling facility Sec 499 Penalties. • Each violation of these regrlat.ana shall constitute a misdemeanor or a municipal mlraRiry and shall be• • punishable as provided in Chapter 1 el this Code. Each day a violation occurs or continues to exist shall constitute'a separate offense. SECTION II SEVERABILITY. II any of the provisions of this Ordinance aro fol any reasao declared illegal or veid,then the !awl 61 provisions of this Ordinance aro deemed severable and shall remain in lull force and Oen. aCTION Ill REPEALER. All ordinances or pans of ordiranms in conflict with the provisions of Ibis Ordinance are hereby repealed. SECTION IV EFFECTIVE GATE. This Ordinance shall be in fun force and effect Irom and atter Its Iiial passage,approval and publication.as p,ovidad by-law Pasted and approved this 20th Day Of August, 1991.. A ATTEST: /,IRAa' ' •CITY CLERK 03622 /7 August 28,1591 Si UM• n—j.)°� e .w The ownersol all houses.baidigo or propenlas sed /,J� tar humlan occupancy enwMr emery is n t.situated or m M. a/ jurisdiction of the wry in which there a now located o,may in IDs Ieure be baled a public sanitary sewer of IM city are Fannie required at Ioeir expanse, to codas eatable the gaff/ / fannies therein,and to connect satin lavl,,esh directly so IM / /✓S_/�J/ ou is pubic vnnarY sews,in a�,aincaway Ina ar dale ru al In6 calk on.teem prosy Idle!said pu days alfa,dal•w e threalundre 13oW,provided IWt Said publicseweresstle thea M1 lee tie 130011om in sae pronely 4^e,and c apYsabla v(�� �/�/g//I� without tFe nape na elindependent n go ding sante. CM--•^^' /'`� rirn/. Ib) Azeperam and Dmking sand ay sewer •that be provided for every building except as hereiinattw newish ed l OFFICIAL PUBLICATION Ice A nonr•sd•ntial deemopmem consisting a one or (thyd•-th woo more buildings on one or more bis may.at the discretion V Ill... .I Director.be served eye private sorcerysewer system.provided WASTEWATER TREATMENT WORKS that: USER ORDINANCE (1) In association with such devebpmem(here is the M ordinance regulating the use DI pubic need or a Int tion and lone main which is an and moats sewers and drains.private integral pan of the privateeanitaryawer efween:ed wastewater disponi the iletadainn and (2) The'loan sever collection system GWMmct.din connection of buk'ng sewers, and the accordance wed Iowa City Design sendede for dash discharge of waters and wastes into Pubic Improvements.and +h the Wastewater Treatment Works andpro- 13) A soya legal entry.is eslablshed nisch h respond- 4 vding enforcement thereof. ble ton the perpetual man,enance of ted amide sanitary sewer system. �� �'•� WHEREAS,the City of(owe City,Iowa has previously Sac amen •f • 33.71.30 Building amen Inellation Printer S feast a/, [ a J ( accepted offers el granwmala from the United Starr r•vulranenre, Enwronmenlal Protection Agency(EPA)for reimbursement of (a) pwml rebound Na ynanhorized person shall a porton of the costs of planning,designing,end cons:ructon uncover,make any connections with or Opening into,use,alter, CERTIFICATE OF PUBLICATION ale wazlewaterveatmemrequiredndto have a NatmMl or disturb any pact.sera peon .nariw lhareot this WHEREAS, the Cityis obtaininga written t Iron the Director. clothing this Pollutant Discharge Emulation System (NPDES)pernt le Division shell be construed or intended a change or noddy STATE OF IOWA, Johnson County. ss' operate its wastewater treatment woks;and requirements set forth in Chapter a.Anne Vii of the Owe Cay WHEREAS,all NPDES permt holders mill comply with Code of Ordnance(1991). THE IOWA CITY PRESS-CITIZEN lee United States EPA regsblions and requirements or the (M Gayle be indemnified The owner ehaa mdemndy the Clean Water Act;arid way from any less or damage that may directly or indirectly be WHEREAS,an ordinance mud be Submmed to the awsoa asioned by the nstallation of the building sewer. Department of Natural Resources which establishes the City's (d Specifications. The size,slope,abgnmee,materials - aNrmrty to implement end•nlorce pretreatment standards and 01 mralructon of a building sewer.and the methods to be used requirements,and to regulate all users of the Wastewater in•xcorti p,piaarg of the piitisintmg,lesong and bedding interment Works. the trench dud all conform to the requirement]of the building I, NOW, THEREFORE SE IT ORDAINED by the Cry and plumbing node or other apprcable toes and regal/ons of Council of the Cry al Iowa Cry,Iowa the City. Sharon Stubbs, being duly sworn, say SECTION 1.Chapter 33,Article Il,Divisions T 2 and 5 o (d) wive drain a mo low In all hotlines in when any ,a that I am the legal clerk of the IOWA hereby of Ordinances al the City of Iowa City,Iowa.are building diem s toe law to permit gravity flaw to the public I Y amended by repealing Chapter 33,Arnie II,Drvaom' sewer,wasewoei carried by such'budding drain shall be lifted CITY PRESS-CITIZEN, a newspaper 1,2 and 5 I(heir enleaty,and enacting in lieu(hereof a new by means ikoraved by the plumbing official,and shall be Chapter 33,Article II,Division I,d be codified and to read r discharged bee building sewer Ion grant,now into the public I, published in said county, and that a follows' notice, a tinted co sewer Car+dm^nwawns prohibited Na Person shall make ' P py of which is hereto WASTEWATER TREATMENT WORKS attached was published in said paper USER ORDINANCE canna:onal tool downspouts.mrenw and'moo Inundation I P P drains, way drains or other sources w amace water or L time(s), on the following ARTICLE' groundwater dimly orindirectly toapublic cannarysewer date(s): GENERAL III Exwvalions All escavalons Ica building sewer r Installation shall be in conformance with Chapter 31.Mee II, and Chapter B, Section 164. al Ihe Iowa City Code of Ordinances(19911.The excavation showing the building sewer ,rU y 3 / cy/ / Sac 3]T125 Purpoa y determined and declared m benecessary ed and cannen ns shall be Sept open until wr3e a,iyinspected by the Cry =Morns o the protection or lite public health.aalety ween,.. sac.33-7111 Discharge of unpolluted contend. and convenience of the Gay of Iowa Cry,texas control el au- Sm,mwme• groundwater and as other unpainted water T charges to I3- Wastewater26Deflos woks. shall be discharged asrm eco lo on to sewers as are pp Sec.]]-TS et Definitions the designated as Instam sewers, no at r or unpolluted approvedemcby Plosion ermtbns In addition, this tarschapter co be applicable to the Dram' Inauslral coolerng weer or a nniaru W pracah this Plosion. In ddtion, unless the Witted epeeedally waters may be dhcneor, l0a[torm sewer or natural Indicates chenes; a meaning of terms used inInsordlnance approval ollN Director. Legal Clerk shall bee follows: Sec.33alax Unlawful deposits nd b for pe g Beldingis anysbucure used m Intended for mooning or Ise it shall be a.wlation he lee Ordinance for any porton to place.depose or permit to be depose!,in any unsanitary any use or occupancy, BUJdirg dgin Nag mean that part of the lowest horslnel any human or public all dace pros refuse or oMe Subscribed and sworn to before me aping of dra.nage system whep receives Imm arm o^a real tie onp bncwpriv ep,owM wnM1^rhe City bond waste and.other drainage pipes Inside me wan of the or any it sit anter the Jurisdiction of gthee City building end conveys n to the building Sewer,which begins five N Ibl It sisal be unlawful m discharge to any natural ouibl `J (5)feel outside the moat face of the building wall within the City,or any area under except where suitable amitye the public sewer or whet place ar disposal,also called provisions c•tm•mhas allhx'been provided In accordance with subsWucm -rouse or building conflation- prodm Sec. m dim Division. /, City shall mean the City of Iowa City,Iowa. 3Ylt]] Prohibited n caul discharge,. 19 Y ' No person shall aischmge o,cause toes fa any Residential r treatment shag mean any contributor to the of sirs mown;described ceders or waste r any pubic Cry wastewater treatment woks whose Ice parcel M real L a as l estate.as byndirlg is used Ci'iy Ion a0me31K dweAV'J purposes melee My pareateum derrvMce or flammable mr explosive Sanitary^sewer shall moan a sewer which ca liquid,solid or gad.or any zard in hstances etch creates X wastewater And to which stormsurface and groundwatera ere 1u•or explosivewhazard in the POTW including,en Notary Public not intentionally admitted •not l.mit filo,wane streams with aliashpoim of lee rade SoweyNall means pipe or Wnduh that carrieswastewyar I+btrenM1than ciro I60e fiusing tly egrees mslcentimer�ods a1140 ecified degrees es 40 or drainage water. CFR(Code 01 Federal Regulations]261.21Shaft a . 55Wmandatory.manea (See-may) lbs Any waters or wastes containing lova materials and MARGARET MOS Sup shallncmean any a�sw,an constrainte of realean waAawatw any other Waonwrs turas, Ieudu or gore n I O_wh� 4� wbchmm m!rmmn el ds aidun largeror in quern'enlet sit/cant quaNxy Miser singly or by meraOon with !/ IX 7 Pow.exceeds for and periods al duration longer than laeen(151 other wastes, wnrh r interfere with any mines more then lye(Si ones the average Many-lourahourrnrure O ty affect flaws n system eros mil adverts. hazardashewner rmatmenl proteid,when constitute a y enan Ihe collection¢yslem ant/or,podormance of the tetanal.on en'man,which createpublic I wastewater treatment works. nuisance dr which create any hazard m the receiving Storm sower shall mean a drain or tower for conveying waters of the wastewater ungtree p til woks. or surface water, groundwater, m unpolluted waer tram any 101 isaAnynce er an than 05 or having any other W Unppfwed water is of quality equal ro or began hart progeny capable of causing damage or hazard lc IM'eas:water frvanena works effluent criteria in often,or structures, equipment, and personnel of the wet,Ihn would non cause violation of rec•rong water qua'rY wastewater treatment works eterdads endwoud nal be benefded by discharge a the sad- Sae Sold or VSWus substances in quantnien or cit seri lay cowers and waiewzer beatmenl works provided. size capable otcausing ante to^ theproper to the llow m User shall mean any person who contributes,nausea ar sewers. or otherwith permits the condition of wastewater Into the drys POTW. operation Of Na wesewwertraatmemweks,sues Wastewater shall mean Ihe spent water w a communrry. bon nor limi1•d a ashes,cinders,sand,mud,straw. • From the slandponl al source.a may be a combination of the shaving u metal,glass,raga,realbera,lac Oyd'u. Ipani ud d war wastes Ism residences,commercial cooed, ^ground garbage. hole blood. prances bur:dings.industrial plants,and Institutions. ,e.hazard(lashings.scored Dna papergdtes, Wastewater bea.^rdnl winks. See 'publicly owned cussand mrw containers,either whole w ground by teatmam wenn-. alas•gr rders. enfold rte lel Any sailers or wastes laving live-day bLtM1amcei Watercourse shall mean a natural or ene the passage of water either continuously or rmerminentN omnva2m3 per en demandlllerg.B w•r Wnein ngthanshundred Mare than three I - ARTICLE II hundred (300) milligrams par liter al suspended REGU(ATION solids,and having an average dally flow greater ger Sec.3341.31 25,000 gallons per day shall be subject to the II shall.be a snidem'ademeemr,muniLWa infraction provisions of Article II,Onamn fi.DI this Chapter. shorn en'vuo mentallin'racfan to violate or refuse Is obey airy I rule CI .eguaion,order or provaan of(hp Mude II,Pusan 1 • rwastewater treatment works exceeds the limns NormLlbrnutc Wastewater hall mean wastewater hat OMS 7/_i established rn Anise II.Damn 2.Sec33.766.2eibl has a B00 concentration of not more than 300 milligrams per a��� and lc)lot such materials Her,and a suspended solidsmncemratmn al not more Ivan (If Any waters or wastes containing phenols or other 300 milligrams per IAer. «// tastemodooproducing substances in concentrations Owner shall mean any recognized interest al ownership in exceeding emits established in Article II,Division 2, real or personal property,including legal and equitable property Sec3}76291b)and(c)of which,altar Irealmenl of interests the composite wastewater rails to meet the require- Person shall include meardual persons.user,responsible Thezrelimsteer Ad porde. y s tet sort merits of slate, federal or other public agendas party, entry, business, rim+ miloramn nary treatment , o Oc the b/ry.in c havingjurisdiction for such dsch rge tolhe seceinrg partnership. vemme,gpwrranenul body or agency,or any oxygen a man three u reduce 01 bkcamsper waters. combination Hared or any agent representative,or Iducary geroxygenreuaetd tesusended hundred to thrlee hudper lgl Any radioactive wastes or isotopes of such betide or thereof (30arreigra thesuspendedquthrantities and entration as may exceed limits established by Plumbing afieialshall mean the person designated by the rate(3001 or discharge per liter,or mrwolfiequamnn/ the Director in compliance wnh applicable stale or city to administer end enforce rho cry codes relating 10 plumb- s al discharge of such waters or wastes. Plana, federal regulations m°cibratona and any other pertinent rmmmarbn rro. relating lig proposed preliminary treatmentfacilites lint Any Pollutant includigcrvgsn demanding pollutants PR.MS°includes any interest in real p.opony,including shall be submmed ler IN approval of is Dusan., released in a discharge ala flow rate or pollutant but not knitused Iond a bm•dirgs air improvements,whether intended and no construction ol such la ktes shall be concenls0ac which will cause rmederence. for or usedlorresdental commercial.or indualnal use. i commenced unlit said approvals are obtained from (A Materials which nen or cause' Properly doodad re fuse shall meanthe wastes from the the Coy,In writing II) Unusual concentrations ol men suspended or preparation,cooking aking and dispensing A loads that have been Sec. 33-71.34 Certain waste/ permissible upon dissolved solids, shredded shredded to tuck degree that all particles will be carried treaty approval p11M director. (2) Exceasive a wastes discoloration,ebb tanning ut notlimXed lNmnss Underr He lbw oconpaipm normally prevailing In public sanitary No person shell discharge or cause to be duhared e Y ego 9 so ewe panda greeter than hal Inch in y follows described substances,materials,waters or wastes (31 Unusual biochemical oxygen demand,chemical dimensbn. M oxygen demand henna requirements in Pubic sewer shall mean a sower owned by the City. Hees was,wastewater tten 5uchws oreganharm either such quantities onto constitute a significant load Publicly owned treatment works(P07W)shall mean a He sewers,we fact en the receiving stream or can onlhese °nine wastewater treatment works, treatment works as defined by Setlbn 212 or the Act(33US.C. any ng adverse effect en roperty o coram le can otherwise (4) Volumes A lbw,concentrations or both,which 1292)which is owned in this instance by the City. This entlangean o.limb,public he acceptability otmy or h s nwiasma.In constitute a"slug;as defined herein. de!Inhior includes any sewers that convey wastewater to Ilia IDrmcto ant opinionas ncIDIhan suchlie os asseques,IM (l) Waters or wastes containing substances which are POTW treatment plants,but does not Include pipes,sewers or ovsubb ct wastes a in relaan totsuchlectorsvaselocities the es in the not amenable to treatment orreduction by the ether conveyances not connected to a laslny providing A subject construction nucti rn naubn t°lbws ew s nature the water Imarmenl procesemployed. at are treatment For the purposes of lits div on.a POMO/shell also reatmematerials Dl th•any aewan.neon of the amenable b boatmen!only to such degree Hal the include any[ewers that ronreywaslewzfenothe POTW Iron ewaes,degree al tradabnporstls°wazeawa'mwatatat- wastewater treatment works diluent cannot meet Me persons outside the city who are,by marred or agreement with wastewater .t ant w rke,an DI then tradability n wastes at the sadewcer I I other a having -action the city,users ci the C s POTW. Publiclyowned Irealmem hare works,ed. unless pertinent tIn writingrsi Thebythe averrequdischarge D gamescons y tyeet whichleare prohibited.unless aPPrpvod In Oy1M Dhaao,, abrdiscergIsencluding acce. works Isuseonycaus•nr1M1'waltand vegetable waste mo a e All srpt problem herein,me including drug accidentalgspas ol Refusetic shall mean commercial prep rata wgot ing antd Item ing (al masframs prt for al ppoleue than Mama-0wable immedpoel loudee by mahone dig tlecharyes, a clW Enmodiond fromthe hhaprmeaoragcandisgend dispensing milligrams perliteral petroleum oil non rigin alabb hot natty reported ol telephone ID of the POW) The miler al food.and Ihaa or sat .ifprageadalae produce nutting oils on productor mineral origin. shall natty the POTW the I 1 th discharge type ol whether grab cope or samples anotia be liken. Normally, (b) Any waters or wastes terte fats,wax,greases waste,concentration 1 and volumeand corrective but not always,biochemical oxygen semard and suspendedoils, emulsified or ndl in es OI onePersons discharging industrialwastewater mpry solids ly obtained from twenty-four-hour mmpostes with Division and with Ankle II Division Two(2)al this ol all buildingewers al a premise whereas pH's are hundred 0001 milligrams per liter or containing sub ° stances which may enldrly or become viswua al Chapter. tletermaied Item periodic grab samples. temperatures between thirty-Iwo (32) end one Sec.33-]135 Whet city may require for hazardous yd 3}yt]9 Private sewage tluposer eyelet's. degrees en grad)degrees Fahrenheit(Cr and 65 wade aiy waters (a) No person shed construct a pmar sanitary sewer degreesCentigrade).hatnasr dIt ischarged thwasblic seers, orwhod. arepronosodo disposal system without lust securing approwl from the City. fqAnygeuse asbe o noes otome publicsewers,when waterscontainthe sewer 1 Ina has not been properlyshredded Thep) Na private sanitary [ er disposal system shall equippedn andmotor operation el any alma grinder I Section 33 o. possessandw then the judgment oof tmaarec m herealter be constructed without Hsieh/afar-no a prime Maratha have a deleterious ene,to the the wast w ater Dcector, °pepped wnh amobr of one hdnopower of greaterJohnson County Board Dl NeaAh. [hall oe wpjetl 10 the gevbw antl approval DI IM1e mry es a effect upon the wastewater which las otheres,wise Director. creaa hazard equipment or nsg warns,b c nuuii ace, th. lel Design,w r disposal a operationdeand maintenance all Id) Any waters wastes wastes co containing strong me eon create a to lye or constitute e ouch[nuisance.the tamrequite sanitaryof sewer yahe Jo Johnson C shallnty¢mwith all Director may requirements DI He City.the Johnson County Board or Health pickling a or otl PaTg solutions, (al Revoke or cancer the users permit and He Iowa Adminstmne Code Enmonmenta Protection whether waters neutralizedornot Drv,son 567,Chapter 69. (p) Require pretreatment t atm°m to an acceptable condition lot i (el Any waters or wastes containing objectionable or (d) Owners of private sewage disposal systems are not dischargeuire nroe over tt sewers.toxic[ubdames,set wastes exerting an excessiverelieved Pam the responsibility of satisfying thuqubements or I quhed idegreet Ic) charge control pvag the quantities and rates DI die chorine re m to such that anysuch Requireui. tM1is Oiat pr material in the mmindsile wastewater al the n (d) g graeng thewasesoot overs by ods" dt mechl°iawagament systems. yal esystems.spta tan.sWaens, sWgdchargetmgtl'ewastes not covered pyanStinH and°rb.mirs Manure ns, u,s andd tanks.lemons,are sewer charges and reservoirs Manure pas,privy'vaults cesspools are lithe Dector permits the pretreatment or equalization A prohibited. waste flows, the design and installation or the pants and (II No prate sewage disposal system shall be equipment shall be subject to the review and approval ol the constructed or installed to waterbearing strata Supplying water Director and subject to the requirements of Antics It Dimon used is drinking or culinary purposes,nor In any porous Sall Two 121 of this Chapter and all applicable codes,ordinance end wheneseepage et Percolating sudace orgraundwalet may cavy lawsthe pollution or Infection or the contents of such system into a Sec.33-7136 Greene,DO and sand Interceptors. well,spring,or any other source of water used as a pubic or Crease,oil end sand interceptors shall be wooded whoa, domestic water supply. In the opinion of He Director,they are necessary dor the proper (g) No private sewage dnposa system shall discharge handling of liquid wastes containing grease in excessive effluent onto any street alley,or watercourse.Aerobic systema amounts, or any flammable wastes, sand or other hatmtul shall discharge effluent directly into the city's wastewater i gredi°ids. All Interceptors shall be of a type and capacity treatment works.Anaerobic systems shall discharge diluent to approved by the Director,and shall be located as to be readily a subsurface ebsorptmn sYr°m. end easily accessible Ice cleaning and inspection. (M No private sewage disposl system slue be Sec.3}71.37 Maintenance of spearsO°ctlilies. constructed within filly (501 teat et any pnng wal, or Where preemrnay treatment of llwaquat.mg facilities are watercourse.wlrm ten(10)feet 01 any property line,or within provided for any waters or wastes, the Hearties shall be twenty-live(251 test of any building used for human occupancy. maintained continuously in satisfactory and effective operation Sec 33.71,40 Written notice of violation. by the user. Any person or user round to be violating any provision of Sec.33-71.38 Tearing,analyses end measurensenls. Ibis DNison shall be served by He Director with widen notice, All measurementssamples,tests and analyses AIM staring the nature or the violation,and provide a reasonable characteristics of waters and waste[to which relerence to made 1'me for the eatslMlory correction thereat The person or uLt rn His Division shall be=dueled using the methods and snair. wtha the period ol time slated in such note. procedural in 40 CFR Part 136 and shall be detemaned el the permanently cease al violations. • control manholes provided,or upon suitable samples taken en Sec.33-7141 Penal-tars. sad control manholes. In the event that no special manhole Each violation of the provisions al this Divson shall has been required.the control manhole shall be conndered 10 DominiND a simple midemeanor,a municipal phaeton,or an be the nearest downstream manhole in the pubic sewer from environmental infraction and shall be penalized as prevdeda Ha point at whirl the buffing Sower is connected. Chapter 1 0l the Iowa City Code of Ordinances The remedies Sampling shad be carded out to reed the °!'act or avaiabb to the Cey for correction A said rotation shall be consteuents upon the wastewater lar-tars and to determine the deemed cumula6Ve,and the Gay's electronal one remedy shall existence of hazards la Ile,limb and property. The;macula: not preclude the Cay Item pursuing other available remedies. analyses involved'mill determine weather a twenty'louohour Each day a violation occurs or continues to exist shall constitute composite of all building sewers of a promise is appropriate,or a separate offense. Combined sewer shag mean a sewer reminng both Sac 33.76.42-1341,50. Reserved. SECTION 2. SEVERABILITY. II any or the pmwsima of surface nine end wastewater Directs shall mean the Ory Manager shunter authorized Ins Ordinance are for any reason declared rlegal or void,men the raved provisions of Iha Ordinance are deemed severable designee. Worn cad unladul pagans and shalt remain in lull lone and Easement and shall nedn is 0cqunp legal right for the enact,the same as it the Ordinance contained no Mega!or void specific ata of and owned by grears. Provisions PWatsep pat Is oil,fat or grease In a physical by 1 sate nt h in aaswov Pretreatment retreamentfamm wastewater waetwater shanle SECTIONinnl3, REPEALER.prAllordinancesof Drpaesre an approved prevoaa le It de is A coy pews t shall be ordinances ated. with the provsonc of this Ordinance are mnAdeateldesl noaaerere elope coif ptanys d em the hOrB SECTby ION.EFFECTIVE DATE.ThisO,dmance shall be eau downot Wstedhe waeIna yse system passage was. sHuch rook was a shall mean any waste from,septi inp lullc tion ere affect from and e'.er as heal and tanks[and asyemaaamplank kb,cempers,latlers,[dost[ publramnNngapleg ru tanks,and riacuumtewat r shall trucks. Pewee end approved dila 23id Day Of July, )991. Industrial wastewater shall mean the liquid waster from I industrial mewleaunngw¢eaa•Z•I2d°mpasrness es dished eigl. from normal domestic or cannery wastewater sx infilaaltMnnow(ig shall mean clear,unpolluted water AMOR which enters the coitecton system from the ground or uncontrol- lable sources, ,/ Mayu ,r permissive. (See ATTEST:/km Natural outlet shall mean any outlet, Including storm CITYELEAK sewers and combined sewer° llows,into a watercourse, wa31,1991 pond.darn,bks or other body of salmi or groundwater. 04246 July ) q QKu yr-Oc05 Iola' r a' Pummo sewer shall mean a oeweeoeened by the Cey. I+ /_y-11 PubOdy owned freemen!works(POW)shah mean Treatment works as defined by Sedan 2s2 elle,Ad(33 U S.C. OFFICIAL PUBLICATION nerd which is owned N this instance by the City This definition includes any sewers that convey wastewater to IM Orbe POTW.Irealmenl plants,but does nor Include dyes,sewers or C Ordinance No. 91-3503 other conveyances rot connected to a 'wet), providing treatment.For the Purposes al thie diisbn,a POTW%hap also � // WASTEWATER TREATMENT WORKS include any sewers that minx/wastewaters Oa the POTW from O /y USER ORDINANCE M ordinance regulating the ins ol Wee Pers°nsourade he oily yware,by contract or agreement with IM coy,users of the city's POIW. PAW/owned Treatment works is synonymous with•wasfeweer trealm°nl works'. end private sewers and drains. private Refuse shall mean animal and vegetable waste from the wastewater disposal,the Installation and domestic and commercial preparation cooking and dispensing nnectun of budding sewers, and IM or KW,and from the handling,storage and sale ol produce direct dachage o waters and wastes into Residential Cmtnbola'that mean any "t bubr to IM the Wastewater Treatment Works and pro- Chas wasiewmer treatment works whose IM,parcel al real vdBg enforcement thereat estate,or building le used only for domestic dwelling purposes. WHEREAS,the City of Iowa City,Iowa has previouslySanitary sewer shall mean a sewer which cache accepted offers of grentilmai born the United Stales nwamentw.ard°dimmer storm,6Yde4 and gmYndWm°IB eke Environmental Protection Agency(EPA)for reimbursement of ^°I intewershly admired. • e portion of the costa al planning, Sewer shall mean apleewwMurt lM1a¢anieawamwaser of a wastewater'treatment works;and designing.and construction or drainage wLan. WHEREAS. IM City is required b have a National Snarls mandatory. (See Wart Pollutant Discharge Elimination System (NPDES)permit la Skin shall mean any tiaMarye of wale or wastewater operate Its wastewater treatment works;and which,m concentration of any given sen l n ger or In quantity of WHEREAS,.en NPDES permit holders must comply with Ibay,es moreor any periods alduration the hunger than Mean(151 the United Slates EPA regulations and requirements of the minutes. than bve 151 limes the•wrap°twenty-low-hem Printer 5lee It Chien Wafer Act;end mnsertmtianprlbws daring normal opera!bnaM wiltedve,ae. WHEREAS,en ordinancemust be submaw to Ire Iowa 'y ailed Ow collodion system and/or pendrmance of the Department of Natural Resources which establishos the Cdy'c wastewater sewer treatment works. CERTIFICATE OF PUBLICATION •utnorMto•npleo•madenforce prWeatmentstandards aN Son sewer gr .shall meanr.oa r unmlleewamr from any requirements,end to regulate a0 users of the Wastewater surface water,grouMvaaM or unpolluted water any STATE OF IOWA. Johnson Count Treatment Works. `°oro y. SS: NOW, THEREFORE, BE IT ORDAINED by the Cay 'Unpolluted waters water of quality equal to or boner than THE IOWACouncil of the Cityof Iowa City.Iowa' the wastewater treatment works effluent criteria in effect or CITY PRESS-CITIZEN SECTION-.Chapter 33,Article I!.Divisions 1.2 and 5 of water that would not cause wanton°f receiving water ga%Iny ted Cede al Ord rice d tris CityI b Chy,Iowa, tartars and would I be bend)ted bye hmg to the nt h by amended by repealing Chapter33,Nide II,DivisionsI t ry sewers ad t stet works pranced 1 $and 5 in theirentirely,and enactinglu thereat U shall s p whoKryut causesor Chapter 33.M II 0 t,m be coveted one to red perms the Frbut I wastewater intothe cites POTW • !Wows: Wastewater nail meeua e spent water community I' F oat tM1 sI dP tot II y b b 1 I the WASTEWATER TREATMENT WORKS liquid and 1 ed wastes from O nces commute& Sharon Stubbs, being duly sworn, sat USER ORDINANCE buildings,industrial plants,and Insfnuton•. y Wastewater treatment mole. See 'pub!icry owned that I am the legal clerk of the IOWA ARTICLE I %atm° we*' CITY PRESS-CITIZEN, GENERAL Watercourse shall mean°natural°'arfab°°Ishan"°"°' a newspaper the passage ol water either continuously or intermittently. i I published in said county, and that a Sac.33-71.25 Purpose' ARTILLE II I Il ie defemrrnetl and declared to be necessary dna ! notice, a printed copy of which is hereto •ondlc've le the protection of the pude health,safety,wafer•, REGULATION and convenience al the City of Iowa Cry,Iowa to control all do- Sxhall be attached was published in said paper charges to the Wastewater Trammed Worksh shall be a simple mwamearar,municipaleue ti ration they Sec.33.71.25 Definitions. ensile environmental infraction to ntoiare or elate IC obey am time(s), on the following Delinhons set forth in this chapter shall be applicable to rule,reg•laton,order or provision of this Article IL Denson T date(s): this division. In add"ien, unless the contest specifically Sec.334125 District. Indicates otherwise,rhe meanngel terms Used inthn ordinance Th••ntire City is hereby organized imp one sewer district a shall be an 1dbwe: S•c.33-712r. 9 Connection requited;number of sewers 4 be Balding is structure used winbMed ler supporting or (a) Tlleowramstairhouses,buildingsonpropenaaused (. shebahriq any use or cccupatlry. for human warranty•Kinn employment,situated within Ne Buidrg dram shall mean that Penal the lowed l,or,:wrW luiadoan of the cry in which there a row located-or may in ithefuture be located a pubic santary sewer ol the ry are A piping t drainage systemwhich a thed h qa 1 hereby required, I thanpe toWI suitable toilet A a waste other dinagplea Nude theIb of to binding and y Al thebuilding which gin I facmie th d tconnect uchI bleedsellt the proper publicsanitaryaccordancewith theprovisions151 feat outside theface of thebuilding II, of the Dwithinninety 1901 alae, days alterdale of_�/ 't'tar"' Bedding seshill mean the extensionI rorn the butting kk drain to the pubic seer or other Mace Or disposal.also called °flied othat rouse do en prordedt sagw public eeryre within 'house or budding co median.' three hundred 13.00}Ian of ilia property line.and u accessible Legal Clerk C'IY shall mean rt.Cory of Iowa Gm.Iowa. I w.tnoat the new toe acquire aaananal Prapam rights, Combined www snail mean a sewer receiving both lel Aseparsm and independent biasing sanitary sewer shall be provided lot every building except as hereinafter prove- I curlew runoff and wastewater- ed. Dludorshall mean the City Manager or histter authorized (5) A nonresidential development consisting of one or h Subscribed and sworn to before me designee. more bubirgs on one or more lots may.at the ducier on of IM Ea.4ngm shall mean an acquired legal right for IM onxlor,b•setved by a pnvale samary sewer system.crowded ///��� specific use of end owned by others. that: Chis (J//Are 1 Flwad od al,kat les grease in.plryaw Hale such —.__ day y o f__ _-vlasi A.D. that h will separate by gravity from wain a peer by treatment el (I) In associationfoaI,with such mem ma.a me an approved pretreatment facility. A wastewater shall beIntneed for a Int melon and force main which Is an Ll nsidatedtree el lloalable fax If h isotope-Hy pretreated and the The of the collection system rawer eysrem;end • 19 T wastewater does not Interfere wary the collection system. (x) The Pnvme sewer eyabm'a constructed in //// Holding We wage chat mean any waste from holding accordance with Iowa Cay Design Standards for a�,¢� /� 'larks such a vessels,M°mcal toilets,campers,trauers,septic Pubic lmpmwme^t;end /// �f _1 A/ _ tanks,and vacuumtpump lank trucks. (3) An Ion legal entity is establishedmmaintenance of is rwpanut Ad— Gee.; s InMSNaI wastewater shall mean le, iain wastes from trio for the system,perpetual mammann of the private dilV Industrial manolaesio pacea wastewater sadist:nd sanitary sewer Notary Public from normal domestic or sanitary wastewater requirements.Se3-71..30 Building sewer Inelelleran InlnemloM M CI)shall n dear unpollutedwaterI)reeP nM which enters m' ted systemI m the wound or uxom rx red N NM1 'ed Pea hath e.' ewe Moylabia le °disturb any Public edm riff p Cereal s Mr, /fiyre permissive. (See'share Wer thereat nMur lest Natural cutlet than aha ockl a waleg "urn obtaining rt permit Icon the Director. Noting' the / sewers andk combined sewer overflows,Into a wmate • re n shall beconstrued intended to cnor di w meaty pond ditch lake or other body of surface or groundwater of Ordinancesents sal 1 in Chapter 8,Alicle VII,of the Iowa Cry 19911. Ncoamestic Wastewatershellmean wastewater that Code of ldemni r halo DOD concentration of not more than 300 nonmorma pee city (bl Glylobeindemnified The owner shall Indemnify the r.Inert and a suspended sores concentration of not more than occasioned Irom any loss or damage 00 the building tl gly or indirectly be 300 mit'grams per Ihet. by the installation of sewer. Qmerehall mean any lit[ognixedimsrect of owwrship in Ick Sonof awns. The sae slope,alignment,matesah reef or personal FmeanRlndWmg legal and st&na•Pronely ofwrWTdon of a buionng sewer,and the methods l°be used Interests. In excavating,pacing of the pipe,lOimmg,testing and bxKlildrg Person shall Include Individual persons,user,responsible lira trench shat all conform to the requirements of the building end plumbing code or other applicable party, entity., business, firm, corporation. association, ,,,,e and regdabna 01 partnership,Ventura,governmental body or agency,on any rhe Cay. wmbnt%lwn thereof or any Nen apt®•ntatry°,on'ducal/ (dl When dram u too tow. In MI buildings in which any thereof drain s two law to perrrnit predry Now to the pubic Plumbing olTolel chat mean IM person designated by the sewer,wastewater corned by such budding drain shall be lilted cty to administer and enlorse the city codes relating t°plUmh. r by moans approved by the plumbing official. and shall be dmcMged to the bobbing sewer Ion gravity no.into the public g' sewer. Premises Includes any Intenesl In real propertyr including but not limped to bu:eres and Improvements,whether Intended (c1 Certain wnnecpiomamW Nopeeson shell make for used for d O1residaal,commerce',or industrial use connection nnecti°^drool Oownspoutbns.s,imedor and„uric,eoundahon Paperhhr aWeddwrefusesltall mean the wastes from the drains,areaway drains or other sources of surface water or preparmon,cooking and tlspemmng of foods that have ban g'O0^�at•r theory or redrew),to a pubic senaary sower. shreddedrosuch adegree khat all Pardee Will be carried freely 111 Excavations. All excavalons for building sewer I under IM flow conditions Nemeth'prevailing in Dablic sanitary rsmallalion shall be in conformance with Chapter 31,Article II, wed,with w nick ter than ene'hs' Inch end Chapter B. Section 164, of the Iowa City Code of tl'vnawbn. Da greeter '^ •r! Odinances(lest).The excavation showing the building sewer end connedioru shall be kept open wok saris:anenty,nspepw by the City. ice ORDINANCE NO. 91-3506 AN ORDINANCE VACATING PORTIONS OF THE SOUTH HALF OF LAFAYETTE STREET. WHEREAS, the portion of the right-of-way described below is not necessary to provide public access to the properties in the area; and WHEREAS, easements will be retained for any existing utilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iowa City hereby vacates those portions of Lafayette Street legally described as follows: A portion of Lafayette Street right-of-way lying north of Lot 1, Block 29, County Seat Addition, Iowa City, Iowa, described as follows: Beginning at a 1' rebar found marking the NE corner of said Lot 1; thence N 90°00'00' W - 79.05 feet along the north line of said Lot 1 to a 5/8" rebar found marking the NW corner thereof; thence N 15°45'00' E- 25.46 feet to a set 5/8" rebar; thence S 81°18'18" E - 72.87 feet along a line parallel to and 11.00 feet south of the existing south curb line to a set 5/8" rebar; thence S 00°26'27' E- 13.49 feet to the Point of Beginning Said vacated parcel contains 0.03 acres or 1,454 s.f., more or less. SECTION II. REPEALER. All ordinances or 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, and shall be recorded in the Johnson County Recorder's Office. Passed and approved this 17th Day Of September, 1991. AYOR ATTEST: 7' v em.-) CITY CLE Appro i •y /l��pr ity Attorney's Office 0.5:A/ ppdedrninllafeyett.ord 9 It was moved by Larson and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 8/20/91 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: NONE. ABSENT: None. Second Consideration 9/3/91 Vote for Passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Date published 9/25/91 33 I man^i. 111 I i i - CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3506 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of September , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of September 19 91 . Dated at Iowa City, Iowa, this 4th day of October , 19 91 . 1/4/ACIL6.4 Sue Johannes Deputy City Cler, CIVIC CENTER • 110 E. WASHINGTON ST. ' PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826Aist FAX(319) 356-5009 Printer's tee s Ad)q CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: THE IOWA CITY PRESS-CITIZEN - Off101ALPUeLIC„710N ORDINANCE NO. 91-1506 AN ORDINANCE VACATING PORTIONS OF THE SOUTH I NAIF OF WAYE1TE Suitt Sharon Stubbs, being duly sworn, say Snot `oprOwdepoman el 11c `L,lctay properties` "'°' aIDrI=nNoto Yuabe nateieIa lot aro0ltin that I am the legal clerk of the IOWA N WHEREAS.•aaemDot=- ill be rammed I°,any= atiT• CITY PRESS-CITIZEN, a newspaper NON THEREFORE. 9E IT ORDAINED BY THE CITY published in said county, and thaa cOUNOtEOETHECOYOE WWACOY.IDWA SErnOry r vRrgn9y. flat tlq car 9f tewa city nmmv ea V'gae ppnma vl 1<I=vene Sneea kpviN avpipM notice, a printed copy of which is hereto ° follows. A Donlon of larayette SINN!ngpatwar DNE attached, was published in said paper TM='alba.EnIowta.9IDoaa.29.Gw1mm Seat l Adauon, aw• omee a 1 and e•Inol a I1. •mbar found men,.the NE time(s), on the following date(s): cothence N 90100'00'W 79.05 Sorgthe noon tine of said not 1 to.Et,ma,found orlon°the NW corner thereat 7 thence N 15.45'00'E 3545 feet to a•m 5R' III a L/ ' I t thence S 91.1915.E 7297 l e=t along•one °aua4lN are 11_00 leatwan°I IM enstmg South Deb Wet° t E/9'mbar. thence saoe7r2r E 1349 feet o the Rom°I 9N tiM Said vaulad Sand centama O.OS acres or 1.454 el:.more°r less. r ane SPCTIOry m ItIVP^ All c,dinsntea a °I aro nn wilh the p,ovu�my°I an ddiNrcO arehereby I SEVERABILITY ent Legal Clerk amr of the SEVEcp9 Eno Nany.e= a Mnion a, Don° the Dose am°is o, Shaft meow nwu I. Kn cei as a m whole y °a section. Subscribed and sworn to before me d” °0 e « m wa.iavn pan Memo, no salvaged apw Owaw SECTION er EhoECPVE DATE Thia aairvme.Mall x in ellen alter it•lmat passage.ep retarded publication.a• this_ a__ day of ©Cut__.. A.D. pounded by Ivu.sand Shall r<tomea m O Johnson County law, Ofnce. Passed and'Moved INS 17th Day Of Ser[c n. 19911 1 s91. /,fl,, ��z DR ATTEST „a ni Notary Public DnYLE�14338 September 25;1991 E „l St ORDINANCE NO. 91-3507 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF 50.32 ACRES OF PROPERTY LOCATED IN WEST SIDE PARK SUBDIVISION FROM CI-1 TO RM-12 AND 3.97 ACRES OF PROPERTY LOCATED IN WEST SIDE PARK SUBDIVISION FROM CI-1 TO CO-1. WHEREAS, the applicant, Smith-Moreland Properties, and the owner, West Side Company, have requested that the City rezone approximately 50.32 acres of property located in West Side Park Subdivision from CI-1 to RM-12 and 3.97 acres of property located in West Side Park Subdivision from CI-1 to CO-1; and WHEREAS, the 1989 Update of the Comprehensive Plan was recently amended to change the land use classification of the subject 50.32 acres of property to Residential (8-16 dwelling units per acre) and the subject 3.97 acres of property to General Commercial; and WHEREAS, the City Council finds the following public needs are directly caused by the requested change and must be satisfied by conditions in addition to existing regulations: A. The RM-12 density uses should be shielded from future RS-5 density uses to the north and the existing PDH-8 uses to the west; B. To prevent the reduction in capacity of Mormon Trek Boulevard, a primary arterial street,the number of direct access points to Mormon Trek Boulevard should be limited; C. To provide pedestrian access to the future Aber Avenue and the potential park immediately to the north, the subject tract should provide pedestrian access to the north; D. To ensure that the development of Lots 1 and 2, West Side Park Subdivision, which continue to be zoned Cl-1, will be compatible with the proposed nearby residential and office uses, site plan review and approval should be required prior to the issuance of any building permit thereon, particularly with respect to the issues of screening, buffering, lighting, and location of improvements; and WHEREAS, the applicant and owner have agreed that the conditions contained in the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference, are reasonable and satisfy public needs which are directly caused by the requested change; and WHEREAS, the applicant and owner have, prior to the adjournment of the public hearing held on this ordinance, agreed in writing to the imposition of said conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement and by authority of Section 414.5, Code of Iowa (19911, the property described below is hereby reclassified from its present classification of CI-1 to RM-12: J3 Ordinance No. 91-3507 Page 2 Lots 3 through 20 and Lots 23 through 34, except the southerly 30 feet of Lots 20, 23, and 34, all in West Side Park, Iowa City, Iowa. Said tract (lots and adjacent rights-of-way) contain 50.32 acres more or less and is subject to easements and restrictions of records; and The property described below is hereby reclassified from its present classification of CI-1 to CO-1: Lots 22 and 35 and the southern 30 feet of Lots 23 and 34, and one-half of the adjacent street rights-of- way, all in West Side Park, Iowa City, Iowa. Said tract contains 3.97 acres more or less 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Conditional Zoning Agreement is hereby approved and the Mayor is hereby authorized and directed to execute and the City Clerk to attest same, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts 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 adjusted 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 Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 17th Day Of September, 1991. / AYOR ATTEST: fi 71 • 7 t. . CITY CLE , Approv:i sy t Attorney's Office VI-7_44i/Ct/ ppdadminlrezone.ord a3 Ord. No. 91-3507 ---it wAs moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney Horowitz x Kubby x Larson x McDonald x Novick First Consideration 9/3/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby Larson, McDonald, Novick. NAYS: None. ABSENT: None Second Consideration Vote for Passage: Date published 9/25/91 Moved by Courtney , seconded by Ambrisco, 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 be waived and the ordinance be voted upon for final passage at this time. AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. ce '0Z ;o[ pegrnsap-anoge egg jo ;aa; 00 '0£ ggnos egg danuoo og saT}zed egg ;o uoTquaguT egg. buraq ;r 'buTuurbaq ;o ;urod egg og oz ;o'j pTes ;o auTT ggnos egg buole qaa; 86'99£ M 070 ,S£ 068 S aouagg !03 go'J pTes ;o zauxoo gseaggnos egg og enzno pies buole Alzaq;nos aouagg :enTIQ apTS ;saM ;o auTT £eM ;o ggbrz gsaM egg buT -taxo; anxno aq; o; a „ 'o ,S£ 068 N aouagg flea; 00 '0£ H 1100,00 00 N aouagg :OZ go'I pTes ;o xauzoo gsaMggnos aqg ge buruurbag :se pagTzosap 'eMoj 'A;unoo uosugor ;o spxooag geld 'St' abed ' 6Z xoog uT papzooaz ;oaxagg geld aqg og burpz000e PMO[ ',SgTO eMoj ;o £;TO egg o; uoT;Tpp' ue 'xzed apTS gsaM 'OZ ion ;o uorgxod v Puv 'pzooaz ;o suoTgoTxgsax pue s;uamasea og goaCgns 'eMo[ 'Aguno0 uosugor ;o spaooag geld 'Si' abed 'VZ xoog uT pepxooax ;oaaaq; geld egg o; burpz000e 'eMo[ 'A;TO eMo[ ;o Lila egg o; uoT;TPpv ue 'xxed apTS gsaM 'TZ ;o'I :sgoex; otg buTMollo; egg utoz;azagg buTgdeoxa •pzooax ;o suoTgoTzgsaz pue sguautasea og goaCgns 'EMO[ 'Agunoj uosugor ;o spxooag geld 'S6 abed ' yz xoog uT papzooaz ;oaxagg geld aqg o; burpx000e 'eMoj 'AgTO PMO[ ;o Agro agg 04 uOT4TPPV ue 'xxed apTS gsaM 'SE-T sgon :d;xadoxd pagTzosap-buTMoTlo; agg ;o xeplogal;Tg algeginbe pue xasegoznd goezguoo egg sT ;ueoTlddy' 'T :sMoTIo; se aa.zbe saT;xed egg. 'aualauaHS 'MON 'uTazaq g;zo; gas suoT;Tpuoo pue suizag egg ggTM aouepa000e uT Agxadozd pTes jo ;uantdoTanap ;Tntrl a; paazbe seg gueoTlddy aqg 'SYaUaHM pue :T-00 og Agxadoxd goaCgns egg ;o sane L6' £ ATageu -Txozdde pue ZZ-yi og tC;zadoxd goaCgns egg ;o sane Z£ 'OS Llageu -Txozdde ;o bUTuOZax agg burgsanbaa axe 'xaploq al;r; lebal se 'zauto egg pue zasegoznd ;oex;uo0 se ';ueoTlddv agg 'svallaHM :eMoj 'A;TO eMoj uT 8TZ AetgbTH ;o ;sea pue pxenalnog xaz,L uOULZOyd JO ggzou pageool pue eMo[ 'ATM eMo[ Jo c;T0 eq; o; uoT;Tppy ue 'xxed PTS ;SPM ;o ;xed sT goTgW 'tC;xadoxd ;Dec -qns egg asegoznd og pa;oea;uoo seq ;ueorlddy aq; 'svau3Hb! • (;ueoTTddy) dTgszaugzed lexauao EMO[ ue 'seTgxadozd puelaxoyl-q;Tuts pue ' (2auMo) uoT;ezodxo0 et0[ ue 'Auedmoo apTS ;saM ' (Lila) uoT;exodzo3 ZedToTunw a 'EMO[ 'L;T0 epic' ;o ,C;TO egg uaab;aq pue Aq spent sT d.Nawaa wy BINS asawaauov orINOZ 'WNOLLIQNOO -2- 2 . Owner is the contract seller and legal title holder of the property. 3 . Owner hereby consents to and joins into this Condi- tional Zoning Agreement, and agrees to abide by the terms of the Agreement in all respects. 4 . In consideration of the City's rezoning of approxi- mately 50. 32 acres of the subject property to RM-12 , and approxi- mately 3 .97 acres of the subject property to CO-1, Applicant and Owner agree that development and use of the subject property will conform to the requirements of the RM-12 and CO-1 zones, as well as the following additional conditions: 1) Retention of the existing vegetation along the perimeter of the subject tract. 2) Prohibition of direct access from Lots 1, 22, and 35 to Mormon Trek Boulevard. 5. The Applicant and Owner agree to the dedication of a 15-foot wide walkway easement extending from the northeast corner of West Side Drive to the northeast corner of the West Side Park Subdivision. The dedication of such walkway easement must occur prior to the issuance of any building permit for Lots 8, 9, and 10, or at such time as the City deems necessary, due to the loca- tion of potential park land immediately north of West Side Park Subdivision or the extension of Aber Avenue. If City staff and developer cannot come to an agreement on the location for the subject easement, the developer must then dedicate a 20-foot wide walkway easement located coincident with the existing sanitary sewer easement between Lots 9 and 10 and through Lot 9. Prior to the issuance of any building permits of Lots 8, 9, and 10, or at such time as the City deems necessary, as stated above, Applicant must establish an escrow account to allow for construction of a six-foot wide concrete sidewalk located within the agreed upon easement. 6. The Applicant and Owner agree to the dedication of a 15-foot wide walkway easement extending from the northwest corner of West Side Drive to the northwest corner of West Side Park Subdivision. The dedication of such walkway easement must occur prior to the issuance of any building permit for Lots 13, 14 and 15, or at such time as the City deems necessary, due to the loca- tion of potential park land immediately north of West Side Park Subdivision or the extension of Aber Avenue. If the City staff and the developer cannot come to an agreement on the location for the subject easement, the developer must then dedicate a 15-foot wide walkway easement located coincident with the existing storm sewer easement located within Lot 13 and coincident with the stormwater detention basin easement along Lots 13 and 14 . Prior to any issuance of any building permits for Lots 13 , 14, and 15, or at such time as the City deems necessary, as stated above, the 03 -3- Applicant must establish an escrow account to allow for construc- tion of a six-foot wide concrete sidewalk located within the agreed upon easement. 7 . The execution of this document operates as a dedication of routes over existing easements, however, such dedication shall be extinguished without further action by any party to this agreement if alternate routes are negotiated. 8 . With respect to the escrow account referred to at para- graphs 5 and 6 hereinabove, it is agreed that the amount of said escrow shall be determined solely by the City Engineer for City, and in establishing the amount of said escrow, the City shall take into account the route chosen, the grading that is required, and other such pertinent factors. The construction of the six- foot wide concrete sidewalk referred to at paragraphs 5 and 6 of this agreement shall be done at a time to be determined by City. In the event that the cost of constructing said six-foot wide concrete sidewalk exceeds the amount of the escrow for said con- struction, said excess shall be paid by Applicant and/or Owner. Furthermore, in the event that there is any unused portion of the escrow amount remaining after the construction of said six foot wide concrete sidewalk, said unused portion shall be returned to Applicant or Owner once construction is completed. In the event that there is a failure to dedicate the walkway easements referred to at paragraphs 5 and 6 of this agreement, or in the event there is a failure on the part of the Applicant or Owner to establish the escrow account referred to in said para- graphs, no building permit shall be issued by City for Lots 8, 9, 10, 13, 14 and 15. Furthermore, in the event of said failure to dedicate or establish the escrow account, City may construct the six-foot wide concrete sidewalk upon the existing easements, and the cost of said construction shall be a lien against all prop- erty which is the subject of this agreement, with said liability to be joint and several. It is clearly understood by the parties to this agreement that the City shall assume all costs in connection with any bridge that is required within the walkway easement areas re- ferred to at paragraphs 5 and 6 of this agreement, and that the escrow accounts referred to in said paragraphs shall not include the construction cost of any such bridge. 9. It is understood and agreed that Lots 1 and 2 of West Side Park are currently zoned as CI-1 and shall continue to be zoned CI-1, and that said lots are not included in Applicant's rezoning request referred to herein. Prior to issuance of a building permit for Lots 1 and 2, submission and approval by City staff of the site plan depicting the proposed development of Lots 1 and 2 . The site plan must demonstrate the following: �3 -4- 9a) Adequate buffer and screening which does not infringe upon the airport overlay zone and which shields uses within the intensive commercial zone from view within the residential zone. 9b) On-site dumpsters appropriately located and adequately screened from public view. 9c) Lighting which relates to the scale of adjacent devel- opment to maintain adequate security and to prevent a nuisance or hardship to adjacent property. 9d) No part of a filling station site located within 100 feet of the residential zone. 9e) Any free-standing sign must be located within the east- ern half of Lot 1. 10. Applicant and Owner acknowledge that the additional conditions herein are reasonable, and satisfy public needs which are directly caused by their requested change. 11. Applicant and Owner further acknowledge that in the event the subject property is transferred, sold, redeveloped, subdivided, divided or split, there shall in no event be redevel- opment that occurs which is not in conformance with the terms of this Agreement. 12 . Parties acknowledge that this Conditional Zoning Agree- ment shall be deemed to be a covenant running with the land and with the title to the land; that the Agreement shall, upon execu- tion, be recorded in the Johnson County Recorder's Office; and that the Agreement shall, without further recitation, continue to be a covenant running in favor of the City on each and every por- tion of the subject property, unless or until released of record by the City; and shall inure to the benefit and bind all succes- sors, representatives and assigns in interest of each and every Party hereto. 13 . Nothing in this Conditional Zoning Agreement shall be construed to relieve the Applicant from complying with all appli- cable local, state and federal regulations, and both Applicant and Owner acknowledge the same. DATED this 0 day ofr24-si.6vc , 1991. 0.3 -5- SMITH-MORELAND PROPERTIES CITY OF IOWA CITY, IOWA An Iowa General Partnership, Applicant BY "" . (V} LQJ BY: J N W. MORELAND, JR. tU JOHN McDONALD A General Partner Mayor WEST SIDE COMPANY, Owner ATTEST: BY: y/i �/y' ��i BY: �22zca� 7 EARL M. YODER MARIAN K. KARR President City Clerk y . Ap roved By STATE OF IOWA SS: JOHNSON COUNTY ) City Attorney's Office On this j day of ,.,V`�1 , 1991, before me, the undersigned, a Notary PublihfiCin and for the State of Iowa, personally appeared John W. Moreland, Jr. , to me personally known, who being by me duly sworn, did say that the person is one of the partners of Smith-Moreland Properties, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the exe- cution of the instrument to be the voluntary act and deed of the partnership by it and by the partner vo untarily% ecuted. / �/ MICHAEL W.KENNEDY GJ .. HYCkirch 1992 S Notary Public in a. : for the March 1,1992 State of Iowa . STATE OF IOWA SS: JOHNSON COUNTY this /LTi' day of StPremajR , 1991, before me S.T*v1r -'b- , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instru- ment is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by 073 -6- authority of its City Council, as contained in (Ordinance) No. 91-35409 passed by the City Council, under Roll Call No. - of the City Council on the /7T"- day of SEPr£r+Rap , 1991, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the vol- untary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Approved By: City Attorney's Office STATE OF IOWA SS: JOHNSON COUNTY On this .s day of cc`rA -4 , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared Earl M. Yoder to me personally known, who being by me duly sworn, did say that he is the President of the corpo- ration executing the within and foregoing instrument to which this is attached, (that no seal has been procured by the) (the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors: and that Earl M. Yoder as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed.. maya MWOKNEIXPNDfilt-g% �( rniaMarch 1,1992 Notary Public in and fo the State of Iowa R: 36a7534.rst '33 I 1 , 0 r:..,—le^Ir 1 � � , i- ..-:'. %- s _ CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3507 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of September , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 25th day of September 19 91 . Dated at Iowa City, Iowa, this 4th day of October , 19 91 Sue Johanne Deputy City lerk CIVIC CENTER • 410 E. WASHINGTON ST. �¢ ..�>ai PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 � FAX (319) 356-5009 n 7Canince 9/-35 / 7' , • OFFICIAL PUBLICATION OFFICIAL PUBLICATION Printer's fee $ (3 3 .Co 6 ORDINANCE NO. 91-35nJ SECTION h he Con al suppet Agreement to and AN ORDINANCE AMENDING THE ZONING ORDINANCE 6Y a• h'ri°y of°I ct Cor 41 i.5 on.a 'Nod15 1M he CERTIFICATE OF PUBLICATION QONDITI I:CFFS°XOfRp GINGTNT6CLOCATEORINGULAT161DE Section /'45 99'1. the wooer.desnide b¢lpw u nnery�eaannied irpm'exc.;STATE OF IOWA, Johnson County, ss: pr m is 3 tha n pl CI RM.13 PARR SUBDIVISION FROM0.1TO RM-12 ACRES ese `m']nFetty ZO ens Lpl,3]INpWN 3/,< OF FROM T LOCATED MWEST SIDE PARK SUBDIVISION ,<ept THE IOWA CITY PRESS-CITIZEN RDM m.,TO a ap d tpSidpr.301st of 3. all m West Side Para,Iowa City.(cont n ia.32 ,toes FED. ID WHEREAS.est Side n1..5mNM1MpreI,M ed that Cityandrezone a�ctiionsentrecords, nap n easements acres #42-0330670 the ownet,Wes1 Company,50.31 have requested that thedin d RL she 1,,tones ° empna :np eparwomatelY 50.3]acresal proper.ICGted in ,Siorecords:Yd West Side Para Subdivision ItemCI-I to RM-I2 and 3.97 ctTepr°pemc.t,tppto t-i to iil'<repY reclassified from 03 s at proper.located in West Side Pa.smdivisdn from m<smt Lots72a nd W and the eo-r. Cit to CO-1,aM Lou ZZ and 35 ald southern]0.reet pl Lou 23 I WHEREAS.the 1909 Uate of theComprehensive Rpn aM]/,aM oe-hallpltMdiecentetre."ghtsol- entlr amended to change the Land use Clpssilteaoco way,all in West Side Park.Iowa Gty,Iowa. Said l theeewh 50.33 acres al prOperry to R sgential l3-16 tram coma,,,s?9] .or leis and,„ en doneIina , end ° ubl 3.97 acre et M 01nnnect Sharon Stubbs, being duly sworn, say .pert. General Commercial: SECTION ZONING MAP iR9 dnO ln,p<m , Cl that I am the legal clerk of the IOWA WHEREAS, t Til,rppneil ins,the 1pnt0eoiPuplie oafIMaCity.4du¢todbormcoMsaI N aooa 0 9 reeds a ry d b M d change andmust of Iowa City.Iowa,t Ms amendment rote ��{ be sarz dbr e r .add ] M p Passage,approval M p bl 0 This ordnance is ITY PRESS-CITIZEN a newspaper A. future RS5°denstyuses slto the shielded and provided TON m law. ZONING AGREEMENT The published in said county, and that a """"°`°"Rass101hewest nano"°,semen"'°"`°"'° °"`°"�' 9. r p he reduction p q°t Mormon M by toauthorized and C ed to.. dine Trek Boulevard. pm rY 1 me number q o attest d' certify iM a and notice, a printed copy of which is dpaBeatevard _ panin p rip should be rna led: ' County N N 0 ' hereto attached, was published C To provde edespvn access to the future Aber SECTION IV REPEALER. All prdrnaKea and pan, of P in A M the ppu ,park a 1<I,,p the d conflict h prow...of ths Ordinance Said ° vashould0 4 pedestrian • DN V.SEVERABILITY II 0 Paper time(s), on the access d h M1: sear..Pow...Pail following date(s): D: T lu h.development IT Viand] Ordnance ha° badjustedap of f d or West side Palk s W n,which be d G 11 the a CI-1,will be compatible wrth The proposed validity 01 iheOrdmance asawholen .pan thereof not nearby enbal ancsothee tees.51M Plan rev.. should be prior to the as iidectafEFFECTIVE in EmATEadhasp :° invited Mn elltrnalaGub av —raZ�, / / 1 approval b a p n particularly respect f � issues of pbuff ng, d by Pamed and apMOr d p IJrh Ouv of b e, 1991Iqp p and location n 1 p and WHEREAS b applicant and owner have agreed tha ^M thea an 40 he d dp n 1bv b I n . %• b /Zeg �naps end Ypub N In directlyd/ OVthe ra snap-ane. ���� /,. WHEREAS he ppl d -0 pr the " ' .. adiournmem m the public Neanna Ied.0n this oid,vnce, �'{, // �/ agreed in w;Eire to the BE re non oI sus BY TH• ,ATTEST-/L I rn.wJ x' let.' Legal Clerk COUNCIL THEREFORE, TTHHE°CITY,OOF IeOWApC RY�EIIOWq THE CITY CITY CL6FIX Subscribed and sworn to before me CONDITIONAL EDNINO AGREEMENT this a day of A D Iowa,THIS AGREEMENT is made by and between the City of Iowa City, a Municipal Corporation (City), West Side Company, an Iowa + Corporation (Owner), and Smith-Morelapd Properties, an Iowa 19 9' General Partnership (Applicant). WHEREAS, the Applicant has contracted to purchase the sub- f�,� �' '.jest property, which is part of West side Park, an Addition to the City of Iowa City, Iowa and located north of Mormon Trek Boulevard and east of Highway 218 in Iowa City, Iowa; Public S MARGARET RIO WHEREAS, the Applicant, as Contract Purchaser and the Owner, ? 4+ �j l as legal title holder, .are requesting the rezoning of aapproxi- mately O.- a / a I mately 50.32 acres of the subject property to RM-12 and approxi- . : I mately 3.97 acres of the subject property to CO-1; and WHEREAS, the Applicant has agreed to limit development of said property in accordance with the terms and conditions set forth herein. 1. iApplicant is the contract purchaser and equitable ) titleholder of the following-described property: I Ot Lots 1-35, West side Park, an Addition to the City of Iowa City, Iowa, according to the plat thereof ! recorded in Book 24, Page 45, Plat Records of Johnson !` County, Iowa, subject to easements and restrictions of record. Excepting therefrom the following two tracts: Lot 21, West Side park, an Addition to the City of Iowa city, Iowa, according to the plat thereof recorded I in Book. 24, Page `5, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. __------------- __` ^_ And I 9. It ie understood' and agreed that Lots 1 and 2, of West I Side Park are currently zoned as CI-1 and shall continue to be A portion of Lot 20, West Side. Park, an Addition zoned. CI-1, and that said lots are not included in Applicant's tothe city of Iowa City, Iowa according to the plat 'rezoning request referred to herein. Prior.to issuance of a thereof recorded in Book 24, Page 45, Plat Records of ' building permit for Lots 1 and 2, submission and approval by City Johnson County, Iowa, described as: Beginning at the I 'staff of the site plan depicting the proposed development of Lots southwest corner of said Lot 20; thence N 00 00'00" E :i 1 and 2. The site plan must demonstrate the following: 30.00 feet; thence N 890 35' 04" E to the curve form- 9a) Adequate buffer and screening which does not infringe ing the gest right of way line of West Side Drive: I. upon the airportoverlay zone and which shields uses thence southerly along said' curve to the southeast 1within the intensive commercial zone from view within corner of said Lot 20; thence S 890 35' 040 W 365.98 I the residential zone. feet along the south line of said Lot 20 to the point '1 ' , of beginning, it'being the intention of the parties to , I' 9b) On-site dumpsters appropriately located and adequately ' convey the south 30.00 feet of the above-described Lot' • screened from public-view. 20. 1 2. Owner is the contract seller and legal title holder of i, 9c) Lighting which relates to the scale of adjacent devel- I the property. i opment to maintain adequate security and to prevent a nuisance. or hardship to adjacent property. I 3. Owner hereby consents to and joins into this Condi- tional Zoning Agreement, and agrees to abide by the terms of the il 9d) No part of a filling station site located within 100 Agreement in all respects. i feet of the residential zone. 4. In: consideration of the City's rezoning of approxi- 9e) Any free-standing sign must belocated within the east- mately 50.32 acres of the subject property to RM-12, and approxi- 1 ern half of Lot 1. mately 3.97 acresof the subject property to CO-1, Applicant and towner agree that development and use of the subject property will 1 10. Applicant and Owner acknowledge that the additional :conform to the requirements of the RM-12 and. CO-1 zones, as well conditions herein are reasonable, and satisfy' public needs which .as the following additional conditions: :are directly caused by their requested change. 1) Retention of the existing vegetation along the 11. Applicant and owner further acknowledge that in the perimeter of the subject tract. , event the subject property is transferred, sold, redeveloped, subdivided, divided or split, there shall in no event be redevel- 2) Prohibition of direct access from Lots 1, 22, and 35 to , opment that occurswhichis not in conformance with the terms of Mormon Trek' Boulevard. this Agreement.. . 5. The Applicant and Owner agree to the dedication of a 1 12. Parties acknowledge that this Conditional Zoning Agree- 15-foot wide walkway easement extending from the northeast. corner 1iment shall be deemed to be a covenant running with the land and of West Side Drive to the northeast corner of the West Side Park 'with the title to the land; that the Agreement shall, upon execu- Subdivision. 'The dedication of such walkway easement must occur tion, be recorded in the. Johnson County Recorder's Office; and prior to theissuance of any building permit for Lots 8, 9, and )that the Agreement shall, without further recitation, continue to 10, or at such time as the City deems necessary, due to the loca- be a covenant running in favor of the City on each and every por- tion of potential park land immediately north of West'Side Park . tion of the subject property, unless or until released of record I 'Subdivision or the extension. of Aber •Avenue. If City staff and by the City; and shall inure to the benefit and bind all Sucoos- developer cannot come to anagreement on the location for the sors, representatives and assigns in interest of each and every subject easement, the developer must then dedicate a 20-foot wide Party hereto. I walkway easement located coincident with the existing sanitary ' sewer easement between Lots 9 and 10 and through Lot 9. Prior to ' 13. Nothing in this Conditional Zoning Agreement shall be 1 the issuance of any building permits of Lots 8, 9, and 10, or at ' construed to 'relieve the Applicant from complying with all appli-, such time as the City deems necessary, as stated, above,: Applicant + cable local, state andfederal regulations, and both Applicant mustestablish anescrow account to allow for construction of a ' and Owner acknowledge the name. six-foot wide concrete sidewalk located within the agreed upon ' 7 easement. DATED this il day of , 1991. 6. The Applicant and owner agree to the dedication of a SMITH-MORELAND PROPERTIES CITY 07 IOTA CITY, IOWA 15-foot wide walkway easement extending from the northwest corner An 'Iove General Partnership, of West Side Drive to the northwest corner of West Side Park 'Applicant I Subdivision. The dedication of such walkway easement must occur, prior to the issuance of any building permit for Lots 13, 14 and 15, or at such time as the City deems necessary, due tothe loca- W . r',� A A 4/i (( / I tion of potential park land immediately north of West Side Park BY `OtRX.•�--d( BY: Ddi((y4�"' Subdivision or the extension of Aber Avenue. If the City staff J N W. MORELAND, JR. ` OHN Mc WALD and the developer cannot come to an agreement on the location for A General Partner Mayor ; the subject easement, the developer must then dedicate a 15-foot wide walkway easement located coincident with the existing storm sewer easement located within Lot 13 and coincident with the (WEST SIDS COMPANY, Owner ATTEST: I stormwater detention basin easement along Lots 13 and 14. Prior to any issuance of any building permits for Lots 13, 14, and 15, 1 or at such, time as the City deems necessary, as stated above, the l �/ ��/ Applicant must establish an escrow account to allow for construe- e L M.47,1921.4-4:2----V SY:M IS• 714•�w✓ tion of a six-foot wide concrete sidewalk located within the L M. tODR K. RAAR President City Clerk agreed upon easement. • 7. The execution of this document operates as a dedication r -- ----- ---- - ------- --- 14337 — —__September 25,1S of routes over existing easements, however, such dedication shall 1 be extinguished without further action by any party to this 1 agreement if alternate routes are negotiated. i 8. With respect to the escrow account referred to at para- graphs 5 and 6 hereinabove, it is agreed that the amount of said escrow shall be determined solely by the City. Engineer for City, and in establishing the amount of said escrow, the City shall take into account the route chosen, the grading that is required, and other such pertinent factors. The construction of the six- foot wide concrete sidewalk referred to at paragraphs 5 and 6 of , this agreement shall be done at a time to'be determined by City. In the event that the cost of constructing said six-foot wide concrete sidewalk exceeds the amount of theescrow for said con- struction, said excess shall be paid by Applicant and/or Owner. Furthermore, in the event that there is any unused portion of the escrow amount remaining after the construction of said six foot wide concrete sidewalk, said unused portion shall be returned to 1 Applicant or Owner once construction is. completed. In the event that there is a failure todedicate the 'walkway, easements referred to at paragraphs 5 and 6' of this agreement, or, in the event there is a failure on the part of the Applicant or owner to establish the escrow account referred to in said para- 1 graphs, no btrilding permit shall be issued by City for Lots 8, 9, .10, 13, 14 and 15. Furthermore, in the event of said failure to , dedicate or establish the escrow account, City may construct the , six-foot wide concrete sidewalk upon the existing easements, and ' 'the cost of said construction shall be a lien against all prop- erty which is the subject of this agreement, with said liability ;to be joint and several. _ It is clearly understood by the parties to this agreement that the city shall assume all costs in connection with any Jar-idea that is required within the walkway easement areas re- ferred to at paragraphs 5 and 6 of this agreement, and that the escrow accounts referred to in' said paragraphs shall not include the construction cost of any such bridge._ Urd. b%4- ORDINANCE NO. 91-3508 ORDINANCE AMENDING SECTION 10.35 OF THE CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY. SECTION I. PURPOSE. The purpose of this amendment is to revise the voting precincts in Iowa City to reflect changes in population exhibited in the 1990 decennial census. SECTION II. AMENDMENT. Section 10.35 of the Code of Ordinances is hereby amended by deleting said section and replacing it with the following: Section 10-35. Boundaries. The area encompassed within the voting precincts shall be that indicated in this section: (1) Precinct one (1): Beginning at the intersection of Riverside Drive and West Benton Street, then north along Riverside Drive to Myrtle Avenue, west along Myrtle Avenue to Brookland Place, north along Brookland Place to Brookland Park Drive, west along Brookland Park Drive to Melrose Court, north along Melrose Court to Melrose Avenue, west along Melrose Avenue to corporate limits of City of Iowa City;fellow corporate limits of City of Iowa City southeast, then west,then south, then west, then south, then west, then south to intersection with West Benton Street, east along West Benton Street to point of beginning. (2) Precinct two (2): Beginning at intersection of Melrose Avenue and Hawkins Drive,then north along Hawkins Drive to U.S. Highway 6, northwesterly along Highway 6 to corporate limits of Iowa City; follow corporate limits of Iowa City northwest, then southwest, to intersection with Mormon Trek Boulevard,southwesterly and south along Mormon Trek Boulevard to intersection with West Benton Street, east along West Benton Street to the corporate limits of Iowa City, follow corporate limits north, then east, then north, then east, then north, then east,then southeast to intersection with Melrose Avenue, east along Melrose Avenue to point of beginning. (3) Precinct three (3): Beginning at the intersection of Burlington Street and Madison Street,north along Madison Street to Iowa Avenue, west on Iowa Avenue onto Newton Road and continue west on Newton Road to U.S. Highway 6, west along U.S. Highway 6 to Hawkins Drive, south along Hawkins Drive to Melrose Avenue, east along Melrose Avenue to Melrose Court, south along Melrose Court Ordinance No. 91-3508 Page 2 to Brookland Park Drive, east along Brookland Park Drive to Brookland Place, south along Brookland Place to Myrtle Avenue, east along Myrtle Avenue to Riverside Drive, south on Riverside Drive to intersection with Iowa Interstate Railway right-of-way, east along center line of Iowa Interstate Railway right-of-way to center line of Iowa River channel, north along said Iowa River channel to intersection with Burlington Street, east along Burlington Street to point of beginning. (4) Precinct four (4): Beginning at the intersection of Riverside Drive and Newton Road, then northerly to River Street, northwesterly along River Street to Beldon Avenue, north along Beldon Avenue to Grove Street, west along Grove Street to Ferson Avenue, north along Ferson Avenue to Park Road, east along Park Road to the intersection of Park Road and North Dubuque Street, north along North Dubuque Street to the northern corporate limits of the City of Iowa City, west and south along the northern and western corporate limits of the City of Iowa City to its intersection with Highway 6, east along Highway 6 to Newton Road, easterly along Newton Road to point of beginning. (5) Precinct five (5): Beginning at intersection of North Dubuque Street and Davenport Street, west along Davenport Street to Madison Street,south along Madison Street to Court Street, east along Court Street to Linn Street, north along Linn Street to Washington Street,west along Washington Street to North Dubuque Street, north along North Dubuque Street to point of beginning. (6) Precinct six (6): Beginning at intersection of North Dubuque Street and Davenport Street, north along North Dubuque Street to Fairchild Street, east along Fairchild Street to Gilbert Street, north along Gilbert Street to Ronalds Street, west along Ronalds Street to North Dubuque Street, north along North Dubuque Street to Park Road, extend west along Park Road to Ferson Avenue, south along Ferson Avenue to Grove Street, east along Grove Street to Beldon Avenue, south along Beldon Avenue to River Street, southeasterly along River Street to Riverside Drive,south along Riverside Drive to Iowa Avenue bridge, east along Iowa Avenue to Madison Street, north along Madison Street to Davenport Street, east along Davenport Street to point of beginning. if Ordinance No. 91-3508 Page 3 (7) Precinct seven (7): Beginning at the northern intersection of the corporate limits of the City of Iowa City and Mormon Trek Boulevard; then follow the corporate limits of the City of Iowa City northwesterly, then south to Melrose Avenue, east along Melrose Avenue to Mormon Trek Boulevard, north along Mormon Trek Boulevard to point of beginning. (8) Precinct eight (8): Beginning at the intersection of Mormon Trek Boulevard and Melrose Avenue; then west along Melrose Avenue to its intersection of the corporate limits of the City of Iowa City, then south and then east along corporate limits of City of Iowa City to its southern intersection with Mormon Trek Boulevard, then north along Mormon Trek Boulevard to point of beginning. (9) Precinct nine(9): Beginning at the southern intersection of the corporate limits of the City of Iowa City and the center line of the Iowa River channel, north along the center line of the Iowa River channel to Highway 6,west along Highway 6 to its intersection with Highway 1 at Riverside Drive, west along Highway 1 to Miller Avenue, north along Miller Avenue to West Benton Street, west along West Benton Street to its intersection with Mormon Trek Boulevard, southerly along Mormon Trek Boulevard,to southern corporate limits of the City of Iowa City, starting east follow corporate limits of City of Iowa City to point of beginning. (10) Precinct ten (10): Beginning at the intersection of the center line of Highway 6 and Keokuk Street, northerly along Keokuk Street to Florence Street, east along Florence Street to Marcy Street, north along Marcy Street to Kirkwood Avenue, east along Kirkwood Avenue to Clark Street, north along Clark Street to Walnut Street,west along Walnut Street to Summit Street, north along Summit Street to center line of Iowa Interstate Railway right-of-way, west along center line of Iowa Interstate Railway right-of-way to Riverside Drive, south along Riverside Drive to West Benton Street, west along West Benton Street to Miller Avenue,south along Miller Avenue to center line of Highway 1, east along Highway 1 to its intersection with Riverside Drive and Highway 6, easterly along center line of Highway 6 to point of beginning. (11) Precinct eleven (11): Beginning at the intersection of the center line of the Iowa Interstate Railway right-of-way and Lucas orf Ordinance No. 91-3508 Page 4 Street, north along Lucas Street to Bowery Street, west along Bowery Street to Johnson Street,north along Johnson Street to Burlington Street, west along Burlington Street to Linn Street, south along Linn Street to Court Street, west along Court Street to Madison Street, north along Madison Street to Burlington Street, west along Burlington Street to the center line of the Iowa River channel, south along said Iowa River channel to center line of the Iowa Interstate Railway right-of-way, easterly along center line of the Iowa Interstate Railway right-of-way to point of beginning. (12) Precinct twelve (12): Beginning at the intersection of the center line of Highway 6 and Sycamore Street; then south along Sycamore Street to southern corporate limits of City of Iowa City;follow corporate limits of the City of Iowa City east and then north to center line of Highway 6; northwesterly along the center line of Highway 6 to point of beginning. (13) Precinct thirteen (131: Beginning at the intersection of the southern corporate limits of City of Iowa City and Sycamore Street; then north along Sycamore Street to center line of Highway 6, westerly along center line of Highway 6 to the center line of the Iowa River channel, south along center line of Iowa River channel to the intersection with the southern corporate limits of City of Iowa City, east along corporate limits of City of Iowa City to point of beginning. (14) Precinct fourteen (141: Beginning at the intersection of the center line of Highway 6 and Sycamore Street, north along Sycamore Street to Lower Muscatine Road, northwesterly along Lower Muscatine Road to Spruce Street, north and westerly along Spruce Street to Pine Street, north along Pine Street to the center of the Iowa Interstate Railway right-of-way, northwest along Iowa Interstate Railway right-of-way to Summit Street, south along Summit Street to Walnut Street, east along Walnut Street to Clark Street, south along Clark Street to Kirkwood Avenue, west along Kirkwood Avenue to Marcy Street, south along Marcy Street to Florence Street,west along Florence Street to Keokuk Street, south along Keokuk Street to center line of Highway 6 east along center line of Highway 6 to point of beginning. (15) Precinct fifteen (15): Beginning at the southeast corporate limits of the City of Iowa City, follow the eastern corporate Ordinance No. 91-3508 Page 5 limits of the City of Iowa City in a northerly direction, west and then east along the Iowa Interstate Railway right-of-way, continue north along the eastern corporate limits of the City of Iowa City to Scott Boulevard, north along Scott Boulevard to Muscatine Avenue, west along Muscatine Avenue to First Avenue, south along First Avenue to the center line of the Iowa Interstate Railway right-of-way, northwesterly along the Iowa Interstate Railway right-of-way to Pine Street, south along Pine Street to Spruce Street, east and south along Spruce Street to Lower Muscatine Road,southeasterly along Lower Muscatine Road to Sycamore Street, south along Sycamore Street to center line of Highway 6, southeasterly along center line of Highway 6 to corporate limits of City of Iowa City, and then southeasterly along corporate limits of City of Iowa City to point of beginning. (16) Precinct sixteen (16/: Beginning at the intersection of the eastern corporate limits of the City of Iowa City and Scott Boulevard, east, then north, along eastern corporate limits of City of Iowa City, then west along eastern corporate limits of City of Iowa City to Court Street, west along Court Street to Kenwood Drive,south along Kenwood Drive to Friendship Street, westerly along Friendship Street to First Avenue, south along First Avenue to Muscatine Avenue, east along Muscatine Avenue to Scott Boulevard, south along Scott Boulevard to point of beginning. (17) Precinct seventeen (17): Beginning at the intersection of Iowa Interstate Railway right-of-way and First Avenue, north along First Avenue to Court Street, west along Court Street to the intersection of Court Street, Muscatine Avenue and Ralston Creek, southerly along Ralston Creek to Sheridan Avenue, east along Sheridan Avenue to Rundell Street, south along Rundell Street to Jackson Avenue, east along Jackson Avenue to Seventh Avenue, south along Seventh Avenue to center line • of Iowa Interstate Railway right-of-way southeasterly along Iowa Interstate Railway right-of-way to point of beginning. (18) Precinct eighteen (18): Beginning at the intersection of the center line of the Iowa Interstate Railway right-of-way and Seventh Avenue, north along Seventh Avenue to Jackson Avenue, west along Jackson Avenue to Rundell Street, north on Rundell Street to Sheridan Avenue, west along Sheridan Avenue to Ralston Creek, Ordinance No. 91-3508 Page 6 northerly along Ralston Creek to its intersection with College Street,west along College Street to Summit Street, south along Summit Street to Burlington Street, west along Burlington Street to Governor Street, south along Governor Street to Bowery Street, west along Bowery Street to Lucas Street, south along Lucas Street to center line of Iowa Interstate Railway right-of-way,southeasterly along centerline of Iowa Interstate Railway right-of-way to point of beginning. (19) Precinct nineteen (191: Beginning at the intersection of Bowery Street and Governor Street, north along Governor Street to Washington Street,west along Washington . Street to Linn Street, south along Linn Street to Burlington Street, east along Burlington Street to Johnson Street, south along Johnson Street to Bowery Street, east along Bowery Street to point of beginning. (20) Precinct twenty (20): Beginning at intersection of Washington Street and Governor Street, north along Governor Street to Davenport Street, west along Davenport Street to Lucas Street, south along Lucas Street to Bloomington Street, west along Bloomington Street to Dubuque Street, south along Dubuque Street to Washington Street, east along Washington Street to point of beginning. (21) Precinct twenty-one (21): Beginning at intersection of Bloomington Street and Lucas Street, north along Lucas Street to Davenport Street, east along Davenport Street to Governor Street, north along Governor Street to Brown Street, west along Brown Street to Gilbert Street, northerly along Gilbert Street to Kimball Road, west along Kimball Road to Dubuque Street, south along Dubuque Street to Ronalds Street, east along Ronalds Street to Gilbert Street, south along Gilbert Street to Fairchild Street, west along Fairchild Street to Dubuque Street, south along Dubuque Street to Bloomington Street,east along Bloomington Street to point of beginning. (22) Precinct twenty-two (22): Beginning at intersection of Brown Street and Governor Street, north along Governor Street to Dodge Street, northeasterly along Dodge Street which becomes Highway 1 and continue northeasterly to northern corporate limits of City of Iowa City;follow northern corporate limits of City of Iowa City west, south and west to its ^'/ Ordinance No. 91-35°8 Page 7 intersection with Dubuque Street, south on Dubuque Street to Kimball Road, east on Kimball Road to Gilbert Street, southerly on Gilbert Street to Brown Street, east on Brown Street to point of beginning. (23) Precinct twenty-three (23): Beginning at intersection of Lower West Branch Road and eastern corporate limits of City of Iowa City, then north and west along said corporate limits of City of Iowa City to its intersection with Highway 1, then southwesterly along Highway 1 onto Dodge Street and continue southwesterly to Governor Street, south along Governor Street to Market Street, east along Market Street to Clapp Street, south along Clapp Street to Hotz Avenue, east along Hotz Avenue to Parson Street, north along Parson Street to Rochester Avenue, east along Rochester Avenue to Rochester Court, south and east along Rochester Court to Ashwood Drive, north along Ashwood Drive to Rochester Avenue, northeasterly along Rochester Avenue to First Avenue, south along First Avenue to Washington Street, east along Washington Street to Westminster Street, north and northeasterly along Westminster Street to Hastings Avenue, east along Hastings Avenue to Amhurst Street, northerly along Amhurst Street to Lower West Branch Road, southeasterly along Lower West Branch Road to point of beginning. (241 Precinct twenty-four (24): Beginning at intersection of Court Street and First Avenue, north along First Avenue to Rochester Avenue, southwesterly along Rochester Avenue to Ashwood Drive, south along Ashwood Drive to Rochester Court, west and north along Rochester Court to Rochester Avenue, west along Rochester Avenue to Parson Street, south along Parson Street to Hotz Avenue, west along Hotz Avenue to Clapp Street, north along Clapp Street to Market Street, west along Market Street to Governor Street, south along Governor Street to Burlington Street, east along Burlington Street to Summit Street, north along Summit Street to College Street, east along College Street to its intersection with Ralston Creek, southerly along Ralston Creek to its intersection with Court Street, east along Court Street to point of beginning. (25) Precinct twenty-five (25): Beginning at Court Street and corporate limits of City of Iowa City, northerly along corporate limits of City of Iowa City to Lower West Branch Road, northwest along Lower West Branch Ordinance No. 91-3508 Page 8 Road to Amhurst Street, south along Amhurst Street to Hastings Avenue, west along Hastings Avenue to Westminster Street, southwesterly along Westminster Street to Washington Street, west along Washington Street to First Avenue, south along First Avenue to Friendship Street, east and northeasterly along Friendship Street to Kenwood Drive, north along Kenwood Drive to Court Street, east along Court Street to point of beginning. (Code 1966, § 2.50.3; Ord. No. 2633; Ord. No. 2645; Ord. No. 2652; Ord. No. 2664; Ord. No. 75- 2769, § II, 6-17-75; Ord. No. 81-3043, § 2, 12-8- 81; Ord. No. 84-3178, § 2, 3-27-84) SECTION IV. REPEALER. All ordinances and parts 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 Ordinance shall be in effect after its final passage, approval and publication, as required by law and shall be effective beginning the 15th day of November, 1991. Pa .ed and approved this 15th day of October, 1991. /%AYOR ATTEST: Azz,,,,,,,,, 7e. -/---/,...AJ CITY CLERK "Or Appro d b ' /...1.. 1Prd. m ity Attorney's Office yi17/c77 ppdadmin1votprec.ord urainance NO. y91-3)1A5.w It* It was moved by Horowitz and seconded by Courtney that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney xHorowitz x Kubby x Larson x McDonald x Novick First Consideration 10/1/91 Vote for passage: AYES:AMBRISCO,COURTNEY, HOROWITZ, KUBBY, LARSON, MCDONALD, NOVICK. NAYS NONE. ABSENT: NONE. Second Consideration Vote for Passage: Date published 10/23/91 8/5/92, 8/12/92, 8/19/92, as per Chapter 49.11 of State Codi Moved. by Courtney, seconded by Horowitz, that the rule requiring ordinances to 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 & vote be waived and the ordinance be voted on for final consideration at this time. AYES: Courtney Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: Ambrisco. d - •i•iFl •� am i�'✓� r� ... CITY OF IOWA CITY • STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3508 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of October , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 5,12,19day of August 19 92 Dated at Iowa City, Iowa, this 18th day of September , 19 92 2s / wa Susan Walsh Deputy City Clerk 1wd•h.at • • CIVIC CENTER • 410 E. WASHINGTON ST. T' '� PHONE (319) 356-5000 IOWA CITY IOWA 52240-1126 FAX(319) 356.5009 nI , ✓4 Printer's fee S (/ .O q CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION OROugNCE Na 91J50f AN ORDINANCE VACATING PORTIONS OF THE SOUTH I HAZY OF IAFAYETTE STREET Sharon Stubbs, beingdulysworn, "MERFA6'theponlo.°"^e"°"t"„"°`u^a"below say �neeessary rovia.„„I,eaccess tOthe p,aertiesin that I am the legal clerk of the IOWA Narca. °' wa¢uws. eaamnem.will N retained for any e..:lint. CITY PRESS-CITIZEN, a newspaper NOW, THEREFORE. 6 IT GRD,Wm BY THE CITY COUNCIL OF THE Cm OF IOWA cm.Iowa published in said county, and that a t Np a oni_.:^at the City°I(owe Cly,,,a, notice, a printed copy of which is hereto no -• " eYeve$j"`"°'°"described attached, w A portion of Carlene Street rGhtil.aar rynq as published in said paper m,of Lot 1,Rlocl 39.Covey Seal A,aa�. 1 time(s), on the folloWing kiwi Ott Iowa.described ° Colton Beveling eta 1-rayl IoW nuhrp the NE `w date(s): "° "' hence N 60°00'00-W 79 OS Teel along the noon Irma of said Cot 1 to°518'anal mune mernIN NW comer thermal: � thence/ qq / Nt5V5'W 0 W F3545 feet toes.5/8' theca 6 13131°18'10t•18'IE 72.87 feetsgq a ane opted NfeetJr e.0mg clubtoahat 6 Incr518-rear: name 500.36.27'E-13 49 feet m IN Pont of cf.,more lea len j,,�..� Sara vacated parcel contains 0.03 ac or 1454 I V cf.,m e 6ELTON All °SIGN of w pans °E aw¢xea re ealed with the wanacn,°t rh,o,ar,unaa are.Dear r.vealaa. Legal Clerk a If any tititoFe••v non o, Pan al Me Ororm2e AWI be ion shall to to imct m °' malleo° s ce aGl1Sn °hall m ailed IN Subscribed and sworn to '°"1°I IN endna whole or^^ T If, before me proviso.. m thereof'.not strutted aha or unconstitutional ' SECTION IV EFFECTVE DATE. TNa Ordrurce shall N i Oct ',On.'Passage.1000eamm°.this ane this _ day of ©C'./___--. A.D. �Re a:::arse. Rea ma Jp,.ppn Paved anapprns this 17th Day Of Septenher. 1991• 19.Ch. flu VOR //l�f�!iE i `//�T�C/i/[./.`�✓. ATTEST'// u 'J0W43.1 Notary Public CTa R 14778 September 25,1991 mamma mos • irdintea 91-350; / oa— OFFICIAL PUBLICATION OFFICIAL PUBLICATION Printer's fee $ 133 .66 ORDINANCE No. 91-]50) gEZnON I APPROVAL Sperm m the terms and (11169.9=01 the e,Mnrvna Zweig Agreement and er • AN ORDINANCE AMENDING THE ZONING ORDINANCE BY aNheory a Seetwn eta 6. redo of Iowa 119911. 1M i. CERTIFICATE OF PUBLICATION CONDnON .rN,NDWG E IN4EtTDNS w m de,w e e Irnm rl, OF 50.33 ACRES OF PROPERTY LOCATED WEST SIDE pr,e+l Caaa3eao513 Op 1 to PM 11 P APASWWYI9NN FROM CI-I TO RM 12 AND]97 ACRES w1,3pvwn 20 and Lw,]]1110.2934-mcepl STATE OF IOWA, Johnson County, ss: "o LOCATED IN WEST SUBDIVISION the southerly 30 fen 01 Len la 13and a3A w n FROM West Sb=PM.Iowa Cry.kw. gag vacs 11011 THE IOWA CITY PRESS-CITIZEN .dr em fewer ail N n550.e11 ace. WHEREAS.. tat Co nl.sm;ilrMprmna Popm,es.and ler 1e,. and Wnn Io"ea n, and FED. IDN42-0330670 the owner.West SpatCompay'.have requested that tthe CRY reserrcepre 01 Feearorn arid One approumaelr 50,31 ace=Si to RM-r'mated rp The wolemeemnbed belownOerebnechsuRed uamiu Weal Seo Part S.oarnd o n Iron Col to RM 13 and].9) present Lots of CI I be CO T. 00,1 aol Propem!awed In west side Part S.berw,rgl from lora li and]S and lEt sONRm 301ee1 or Lou 23 m CO.1.W nod]a.and me.5.of Wracenl Nen 0.911 of. WHEREAS.the 1909 Update=I the ComgeM's 0 Wer es alloe in Weal See Part,Iowa City.Iowa $,i0 I, of the 5-Erect 60]aC°e of propertyge Tte �W,der l Or ^,39)acres more Dr 1e=,aM.,,Wree1 Sharon rot per a=re] ac 5 and re,:,el.pn,p1 reE7d • 'gu s :, =1 SECTION II ZONiNG`MAP The eeb.y Inspector n mer Stubbs, being duly sworn, say rppanr ro Genera cdmmemm.and 9pr ` " .,.wread and prated to mange lea mane Mao to Cry that I am wHEPEAS.<M Ow Como!finds Te Ip wr,p pnbLc el ldwa Oa.Iowa. mgr Pure to 1. mn^bnent upon final the legal clerk of the IOWA needs aredwecllrcaused bylherequested Chanrirgmust Mine. Pwp•al:m"Pb aupn'c11 ordinance x:aumae by Conditions rat aedow m e.r,1.g ree.bupna Melded br mw. A. The RM I.0densly gen should be sh.eoath an Ir old SECTION III. CONOIn°N,L ZDNIINB pGPEENRIT TM CITY PRESS CITIZEN a newspaper R5.5 den,„ .e==tp RR an9 I re Agreement r,hereby approved acd the published said county, e„1g DHhere,IPrMw a P.,edgadrer,ePlpa, ateaedla p ed in and that a To we.,e ,e.E1rw rat acer Mormon en,10 ellen Same 10 sten„toe and-ar,e ar MI.BCWernd aW"'aP annm weer the.neat Coma'Zwww APrnert 101 rn1.13,00 r0rrelpm,un notice, a printed copy of which is SCtI ":° """M" "T"`°" e ry e;one011oe PEAL hereto attached, ,was publishedol G rB.rete xda,lran amore„b Irt,usurp Acer ECT10ee IV macs vein ,p orad,nsce, aq Wer,Ce in 19e potential Wh lmmeoatne 10 pdrgnan In on,ial w.1n 111 pipvi,mn,2119,be.na,ma ..the sublrep^net amlld wppe0 POWNlan SECTION reSOSER. said papertime(s), access sltnDNv SEVERABILITY nlrw,empnowe•apn err pan on the gnat the 1 the Ordnance hall b. Ideated m n To West s.oc that IM o,eoaadevelopmeno of Lots I end 502. rias, Punt edluduhun sMll n following date(s): wen see Pau s.bemapm when comae to be invalC or a rvl n e Ordnance a a,.worse or any a l p for n roped 0.1 w0 be caxnw the proposed LI pan thereof not ad p e Z 4 9 0 .1 and W w Th ° ra rW be n f ( L and P should One M u Ina p C rd gcbcat.rm as M a 51 / b a,N Y Yhe-e elect alter by law '//S/ Also,and bresmt re eaten,saes,of wore n s.and `� a artl apworm err,I r{ G HERWHEREAS De app trans Co pw01 hate agreed thateem the /'— E S IM edap in rat nd C.r.e/ ate ag Ad thatem. gAttached hereto and made a pan lterem by m,renrerlm.,are a,PneMe endsab,ry pubic need,which are dr dery caused Avon 0y the Weeded change:and WHEREAS,the appecanl and owe Sereper let e agreed el Wt o0 the the n hea00000 held on Ina Ord.a0c I'7e111.1 agreed m nt of he E BE IT OR h sad coY THE ATTEST Legal Clerk NOW. MEC;TH°Rr. RE n OP°AhNE° BY THE Cav CITY a cow3cR v ra cm,OP row.mrv.rowA. CONDITIONAL ZONING AGREEMENT Subscribed and sworn to before me this dayof THIN AGREEMENT is made by and between the City of Iowa City, , A.D. Iowa, a Municipal Corporation (City), West Side Company, an Iowa Corporation (Owner), and Smith-Moreland Properties, an Iowa 19 C/. General Partnership (Applicant). 77 WHEREAS, the Applicant has contracted to purchase the sub- e ject property, which is part of West side Park, an Addition to / .GYn�T the City of Iowa City, Iowa and located north of Mormon Trek �/.f1Q� Boulevard and east of Highway 218 in Iowa City, Iowa; ►�1lBGtort o • • Public WHEREAS, the Applicant, as Contract Purchaser and the Owner, a •w e ' as legal title holder, are requesting the rezoning of approxi- �j mately 50.32 acres of the subject property to RM-12 and approxi- . . /0•- _a, ( ._.._ . mately 3.97 acres of the subject property to CO-1; and WHEREAS, the Applicant has agreed to limit development of said property in accordance with the terms and conditions set forth herein. U ((4 11—__ 006 OFFICIAL PUBLICATION ----- 1 ti Prom-Wei seven err BevrrWing at the northern m VJaectan of the corporate limits / ORDINANCE NO. 91-1508 01 the City of Iowa City and Marmon Trek of the City;then follow 1M corporate limits then U/k�./) ORDINANCE AMENDING SECTION 10.36 OF THE CODE OF of the Of Iowa City northwesterly,then ORDINANCES OF IOWA CITY, ESTABUSIONG THE south to Avenue to Avenue. east along BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY. Melrose Avenue to Mormon Trek Boulevard, north along Mormon Trek Boulevard to SECTION I RIRPOe The purpose of this amendment is to pamPof beginning, .revise the voting precincts in Iowa City to reflect changes in papulation exhibited in the 1990 Cecennal census. 181 Precinct eight gin Beginning at the intersection of Mormon Trek Bourvaro end RECTION If AMENDMENT. Section 10.35 of rhe Code of Melrose Avenue,then west along Melrose Ordinances is hereby amended by deleting said section and Avenue to ns intersenron of the corporate replacsg it with the 1 billowing, limits of the City 01 lows C.ry,then bourn and then east along corporate limits of City SecBm 10-35. Bperdelu. of Iowa City to its southern In with Mormon Trek Boulevard,then north The area encompassed within the young precincts along Mormon Trek Boulevard to Parra of shall be that indicated in this stern, beginning. 111 Precinct one !tl'. Beginning at the 191 Precinct nine(91.Beginning at the southern intersection of Riverside Drive and West intaseCtion of the corporate limits of the Benton Street,then north along Riverside City of Iowa Coy and the center line el the Drive to Myrtle Avenuewest along Myrtle lows Ran channel.north along the center Avenue to Braoldand Race, north along line of the Iowa River chorale!to Highway Brookiand Place to&Gartland Port Drive, 6,west along Highway 6 to as Intersection a $ / ^/ lint] west sang Broakland Park rive to Melrose with Highway 1 at Riverside Drive.west fee ee /O( ( .V Court. north along Melrose Court to Highway 1 to Miller Avenge.north Melrose Avenue, west along Melrose along Mills Avenue to Wert Benton Street, Avenue to corporate limits of City 01 Iowa west along West Benton Street to us fellow corporate Plats 01 City Iowa rntuisegion with MormonTrek BreCERTIFICATE OF PUBLICATION City southeast.then westethenen then southerly along Mormon Tk Bwed,to w est.then south,then west.then SCUM tt southern corporate eilt of me City of fSTATE OF IOWA, Johnson County, ss: npies with estBentonStreet east two City,tuning unineast yaw corporate along West mton Street to pointlimits City of IowaCitytopara of THE IOWA CITY PRESS-CITIZEN beginning. egimmp. FED. ID # 42-0330670 121 PreCne,Iwo!])'. Beginning at intersection 1101 Pe;nct t« (erg,: Beginning at the of Melrose Avenue and Hawkins Drive,then intersection of the center line of Highway 6 north along Hawkins Drive to U.S.Highway and Keokuk Street,northerly along Keokuk 6, northwesterly along Highway 6 to Street N Florence Street. east along corporate limits of Iowa City, follow Florence Street to Marcy Street, north I corporate limits of Iowa CM northwest, along Marcy Strep to Kirkwood Avenue, then southwest. to intersection with east along Kirkwood Avenue to Clark Mormon Trek Boulevard,zouthwesteily and Street north along Clark Street to Walnut Sharon Stubbs, being duly sworn, say south along Mormon Trek Boulevard to Street.westebng Walnut Strep to Summit that I am the legal clerk of the IOWA altn clt withWestStreet to teworpeast Street. Summitrwanterstcenteryreetm along West BewahaetBebnSre eryaMte ne etOrth aing te Street ter CITYPRESS CITIZEN, a newspaper limits of sty,meow corporate limits west along center line of Iowa Interstate north, then coat.then north, theneast, Railway eght.af.way to Riverside Drive, I then tort theneastten southeast to south along Riverside Drive to West Benton 1 published in said county, and that a intersection with Melrose Avenue, east Street west airing West Benton Street to notice, a printed copy of which is along Melrose Avenue to pant of Miler line nry Miller Avenue taI ggrmnp. center line of Highway 1, east along Highway 1 to its intersection with Riverside hereto attached, vas published in 131 Precinct Mree (3); Beginning at the Drive and Highway 6,eastern along center Intersection of Burlington Street and line 01 Highway 6 to point of beginning said paper time(s), on the Madison Street north along Madison Street following ate(s): to Iowa Avenue,west on Iowa Avenue 1111 precinct eleven(III: Beginning at the onto Newton Road and continue west on intersection al the center line of the Iowa Newton Road to U.S. Highway Si west Interstate Railway rightist-way and Lucas ® ( /] ^ / along U.S. Highway 8 to Hawkins Drive, Street,Mlle along Lucas Street to Bowery /% 7 south along HawoM Drive to Melrose Street. west Along Brame Street to Avenue, east along metes. AvenueM to JOson Street.north along Johnson Street Melrose Court,south along Melrose Court to Burlington Street,west along Burlington to Broakland Park Drive. east along Street to Linn Street south along Unn Broekland Park Drive to Brooadand Race. Street to Court Street,west along Court f south along BrooklandRace to Avenue to Street fp Madison Street, north along " sea Avenue, east along Myrtle to along Burlington Swett to Street to the Street,westwest Riverside Drive.south on Riverside Orive to along Butling er toMientag said I intersection with Iowa Interstate Railway the Iowa River channel, south alonrd nghtaf.war.euulong center line of Iowa Iowa Riven camel to center line of the Legal Clerk Interstate Railway ngntae.way to center nonIowa In¢naale Railway rglrt of-war. n Ivy of Iowa Rorer rennetrennetan along said eastalr along center line of the Iowa Iowa Inner channel to intersection with interstate Partway nahtef-way to point of ewlington Street, g east along Burlington beginnin Subscribed and sworn to before me Street to Point of beginning. 1121 Precinct twelve (72I; Beginning at the this day of ,k'Z o r A.D. nal Precinct four (<): Begim.° at the intersechanolthecente.lie ihwaye intersection of Neared.Drive and Newton and Sycamore street then south along' , Road, then northerly to Rivet Street Sycamore Street to southern corporate G northwesterly along River Street to Beldon limits of Ory of Iowa City:blow corlrorate 19 // . Avenue, north along Beldon Avenue to limits of the City 01 Iowa City east and then Groh Strent wise along Grove Street to noon to cemn line of Highway 6i r Person Avenue,north along tycoon Avenue northwesterly along the comer hue al IO Park Road,east along Park Road to the Highway 6 to point of begrna g. _ intersection of Park Road and North 7.5.109.41��� ubuue to north along North 11 JI intersectioneincr thereon lt31: 'llll../J�� Dubuque Street the northern corporate of samnerBeg innate at Loris al the City 01 Iowa Ciry,west and of Gtr of Iowa City and Sycamore Street. Notary Publicthen north along Sycamore Street to center southrtele the northern and western Orppn0le lanM of the City of Iowa Cavite line o1 Highway 5, theca,along center its,may G to with Highway 6,east along of Het channel, 6 to the crater lcone of the o �r MARGARET RIOS Newton'e N rvewlon 1of he utterly NoneI line Iowa Riveracal,south slag centerline /�'a , Road to para Cf begrmry. r of Iowa River enamel to the intersection `_t with the southern corporate litmus of City of 99. ISI Precinct fyre ISI: BepinwM aumersection Iowa City,east along corporate limits of of North Dubuque Street end Davenport City of Iowa City to Mint of beginning. Street, west along Davenport Street to Madison Street,south along Madison Street 1141 &ranee Owner(Id): Beginning at the to Court Street,east along Coin Street to intersection 01 the center line of Highway 6 Lim Street, north along Linn Street to end Sycamore Street, north along Wastagton Street.weftalong Wumngton Sycamore Street to Lower Muscatine Road, Street to Norm Dubuque Street,north eking northwesterly along Lowen Muscatel.Road North Dubuque Street te point 01 begiw6M, to Spice Street.north and we-stogy along Space Street to Pine Street.north song 161 Precinct sic(6h Beginning at Intersection Fine Street to the center of the low of North Dubuque.Street and Davenport Interstate Railway nght'of.way.nonMxest Street,north alpng North Dubuque Street to along Iowa Intenstete Railway nighoabway Fai¢hild Street.east along Fairchild Street to Summit Street. Louth along Summit to Gilbert Street,north along Gilben Street Street to Walnut Street.east along Walnut to Ronalds Street, west along Ronald! Street to North Dubuque Street.north along North Dubuque Streetto Part Road,extend west along Pant Road to Fenton Avenue. south along Fuson Avepre to Grove Street, i east along Grove Street to Berton Avenue, south along Belden Avenue to River Street, r southeasterly along River Street to Riverside Drive,south along Riverside Dina to laws Avenue badge, east Iowa Avenue to Madison Street north along Madison Street to Davenport Street.eat I .7 wont/ Davenport Street to point o1 Top of car ,d/001°X mis Front qua tter Back quarter pan els Unlit Front doors— Reardoors— d tiver and dtiver and passenger side passenger side Roof _ _ / 7 Hood Trunk 3 itmt..e.9 . rfik Ns man^o- • rri��41 014494.4-a '1,02 CITY OF IOWA CITY STATE OF IOWA SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3508 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of October , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of October 19 91 . Dated at Iowa City, Iowa, this 7th day of November , 19 91 . //4ajj{..44i/D Sue Johannes Deputy City Clerk CIVIC CENTER • 410 E. WASHINGTON ST. ;F" ~ PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 �p FAX(319) 356-5009 Roan, than northerly to River Street, 1 _ --- — t Cir .44 northwesterlynorthwesterlym along River Street to Sadao - Avenue. north slang Beall Avenue to thong Marcy Street to Ponta'a Sweet watt -- Gane Sent wen song Grove Street m1 song Florence SVM.at"boa Streetpp /j �,^ Frmn Avenue.north along tenon Avenueter Song Keokuk Snee pe in•V Printer's fee to,a �[/ .302- T to ova Road.east along Pae Road to the Mar""i 8 east along a ti a . intersection of Pert Road and North Highway 8 to pont of Mgt nig. 1 Dubuque Street north along North1 Dubuque Street to Ott.northern corporate II SI RHarepr eh,0o 1181; 0egnte n bre CERTIFICATE OF PUBLICATION mite of City of Iowacry,weel.m enome^"warn•'tots a,(liea„m mnh along the northern and western I baa Gry. lolbw era xnrn mrporas STATE OF IOWA, Johnson County, ss: 0000onte limits al theCity of Iowa Cary to Omits of the City of Iowa Cry kr a roan THE IOWA CITY PRESS-CITIZEN Re uhVy ton with Highway 8.east along direction. wan and then Wt alrg HHighwayS8 to Newton Road.easterly MeV Iowa Marne Rahway $Vlaelway, FED. ID N 42-0330670 ' Newton"°M to paint Of tiegnoulgi ag. e arta,eatentg Wnof menonat 181 Precinct final: Beginning at intersection Boulevard,roan,long Scott Seaweed e I, of No Dubuque Street and Devenport Muscatine Amts,,we slang aeaxm1l Sweet, west along Davenport Street to Avenue to Float Avenue,south aims Real Madison Street.souhalong Madison Street Arms to the center line of the.W Margaret Rios, being duly sworn, to Court Street,east along coast Street to Interstate Railway r'gh[.�e�f.w�.�( Lim Street, meth along lin, Seen to northwesterly along the Iowa •`�} saythat I am the legal clerk of Wash.:Ven Street wen Song WashingtonRailway rap dofway tO a Svee mal g SwalmNam Dubuque tai north along along Rhe Newt to Sonya Street aanry the IOWA CITY PRESS-CITIZEN, Norm Dubuque Sant epo,n ofoeging. south idcmg Sprms Salley MON e Muscatine Road, g Len/ a newspaper published in said ISI Precinct of 16): Beginning at ilMaetion Muratro Road to Sycamore Street south of North Dubuque Street all Davenport along Sycamore Sweet to cane lie oil county, and that a notice, a I. r . Street,, along Norm aet Dubuque Soto Highway 8,southeasterly along center lir+ F.mh,d sae.,een „g,loFairchildstint , 01Highway 8 to corporate limits Of printed copy of which is hereto ""°�' as Meet Street north along Gilbert Sven Awa clry, and e, mMhex[wy lwert, west along Ibr1Ma corporate limit.of cry of Iowa OW op attached, was published in said � t ;tree` r ppkl01 Motoring.- west hag Pet Road to From Avenue, 1181 Precinct sixteen IMI: Beliretne n are paper 3 time(s), on the II li south Song Fenton Arena to Grave So-est intersection cel the eastern corporate Write following date(s): ren along Grove Sten to Selden Are ie, a the City of Iowa Cr, rel Scot south Nang Radon Area.to Igen Sven. Boulevard.nn.van norm,aloeg exon southeasterly along River Sweat to corporate Was of GN of Iowa cry,[hart wy p to Iowae Drive.south None Riverside Ome west along eastern corporate Ikea of cry l�L�![J J' /M� 7 l95'� to Avenue bridge. east eorg lova 01 Iowa City to Court Street wt abW O' Acne to Madison Street, north along Cert Sweet to Kenwood Drive.south Morn+ Madison Sweat to Davenport Street east Kxwood Drive to FrirtLYe Street. arced Daregat street to pain[ of westerly along Fr&tlaltp Ste to Fire nneeg. Avenue. south along First Arena to 01 Ricky serer nal Segueing at me Munotire Avenue,east along Muscatine 47.77 mmvn intersection M,,corporate knits Avenue to Scott Boulevard. MAI alar C$ t� �` �1�� or the City of Iowa CN and Mormon Trek Some Boulevard to Point of beginning. rl / Boulevard;can tallow the corporate Smite of City of lows City r nn Precinct serrreen nn M 4 Legal Clerk south to a Anima, east along nt,,,ctono1 Iowa Interstate Railway rgwt Iwn and Fan Avenue. ant alongMelrose Avenue to Mormon Trek Boulevard, y. Fust Aro to Can Sweet.vent Wongmer along Mormon Trek Boulevard to Cart Screen:nem the intersection a Wert Subscribed and sworn to before me innsn Wsornew. , tweeMauwro Arena err f Coon IBI Piscine" err WI: enuring at ve Creak. southerly Song Ralston Creek t1 Shaman Avera, east along this day of /// A.D. imexmlpo of Mormon Trek. nal andSHaMng .Set , Melrose Avenues then wast Melrose Avera to Rupee Street Wirth Vag l„//] Avenue to its lettetheation ova of y, corporate Rowell SVM to Jackson Arras, east 19 q ZJ limas of the City al Iowa City,van south nag Jackson Avenueve ere Avnua i7 ( (_, scum along Seventh Avenue to minerBrie �, ��//moi and van east along corporate Witte of City al Iowa Intonate RVway MMof.ve• 6..... .f A N- -w� t Iowa City to its southern urtuxcadn sanfexerlyalong Iowa with Mormon Trek Boulevard,men mer Railway along Mormon Trek Boulevard to point of rlpM<IwaY to nim of bayew,e. xgimng. 1181 Precinct eighteen net. B•gineg at W YET181 Precinct nine 191:Begrmng at me'Mawr. trtmeachen of the center One M the 1 V ratan Public intersection of the meteorite limas at the 1mee ate arks,/ngfo1M'n ad FIs1 ewe City and the center Ora of the Avenue.mann along Seventh Avec paVL� SHARON J I UBBS City of Iowa Rive charnel..norm along the canter Jackson Avenue, west aloes 'lAmus to Marta Street over enlbeideg line of die Iowa River channel to Highway Street to Sheridan Averse, west Vara 8,west along Highway.6 to ler intersection with Highway I at Riverside Dave,wen Shedam Araya to Ralson Carobs along Wthway 1 to MIes Avenue.oval nee hMy along Ralston Creek to., til along Maur Menus to West Rantoul Sweet Cteacaon meiCage Stns:imam d wen along wen Benton Street to its Wage Street to Some Sc•[, vC. intersection with Mormon Trek ulevrvem, along Summit SVM to BMugan SVM, __— - __ - _l southerly Wong MormonTrek Boulevard,to we along B along Soren m inane ORDINANCE NO. q1-3508 I southern corporate limits of the City of Sweet, south along Governor Stan die Iowa Ciry,starting east follow corporate Bowen Street west along Bowe*.Stn' olbeuNCE AMENDING SECTION 10.350E THE CODE OP Smits of City of Iowa City to pont of to Luca.Street south along Luca Sell gpvuNCES OF IOWA cm. ESTABLISWNG THE bepming. to canto kin of Iowa Marlin'War* plNDARIEs OF THE vonOG PRECINCTS IN IOWA CITY. 'gMelway.soultwnMy VvgraYMWa 1101 Pracirt M 1101: Begurwp at tib of Iowa In:esaata Railway npfagway to armnN I PURPOSE The purpose al this amendn&d a to uttmeecwan of a come Weal Highway 8 podrt a bptvsng. mix the Wting precincts at Iowa City to Wallen changes as Ceutta.Sweet northerly along Keech seemed,n the 1890 domino!census. Street to Florence Street. east along 1181 Precinct Waltman 119Y. Begirviat atthae p°�•110" Floreme Street to Marcy Street, with , imueection of Bowery Sheet er&4wana er'ilON ll A:FNDMEM. Secvon 10.35 of IM Coda of along Marcy Street to Kirkwood Avenue, Street north along Governor SVM to OVrrnan ie hereby amended by deleting said section and east along 'Kirkwood Avenue la Clink WashingtonSlant west deed WWashington/Washington/Street.north along Clark Street to WalnutStreeten tom Win Slant mann slang Ulm ratuerg It with ler following: Street.wen along Waged Sweet to Summit Street to Buknelon Street east Wens 9actlon 10-35 ewndwW. Street north along Summit Street to &ogtan Street to Johnson Street.soul kneel Iowa Murano Railway nghtofway, slang Janson Sweet to Bowen Street The area ercamWx,o woman the voting precincts west along center en of Iowa ktrens ext Vag Poway Saw to pant of, shag 0th that,rdicted In Na section: Redeem .gMAw:ay to PoVra'N time, begin-int south along Noontide Drive to Wen Balm 111 Precinct the (11: Beginning at Ow Street west alog Wen Benton Streetto 1201 Precinct twenty (201: Begixg WI intersection of Nvusida Dine and Welt Mille Avenue,earth along Mika Arena to intersection of Washington Sweet and Benton Street then north Long Riverside r center line of Highway 1, east along Governor Street. roam along Governer Drive to Myrtle Avenue,west sloop Myrtle Hghway Ito its imerscton with Nveraide Street m Davenport SVM, weft amp Avenue to &aoYMM pan. north along and Highway 8,easterly along cede Devenport Street to Lucas Sweet xnan Brooken0 Place to Broadax! ParkOma. kine of Highway 8 to poem of lawinong. slang Lucas Sweet to Bloomington SVM: west along Sto Wnd Pat Dane to Melrose west slap Rioortarnpmn Street to Or44r/ Court corm Yong Melrose Cout to 1111 Ma6ct Veva (lip Bpimrs M the Sweet moth along Dubuque Stren Maltose Avenue, we along Melrose of the center re of me Iowa WasWnpmn Sova[,tan along W Avenue to Sweatt limits of City a Iowa Infante Railway ngMolw•w and Lone SVM to point of bepgvas. CiN;.lebw corporate limits of City of Iowa sweet nom aeon Luras seal to bowery , � City southeast.then west.Non south,then Sven. west along Bowery Street to 1211 ReamIMarNOM /311: Bptvelp •( west Dien tomb.then went then south to Jaron n,Svemeth along Janson Sweet intersection of Bloomington Street ant intersection with Welt Benton SVM.ell t0 Burlington Street,west along BUWpmn Lucas Street.moil along Luce Street tor along West Banton Street [o nim of Street to Lim Sweet south along Lim Davenport Sent all Vag Devwp 1I begiMung. Street to Court Street,watt Vag Cart Sweet m 4:1. ye,nr�r 5p tl;: SMI Street to Madam Street roan Sorg Gwrrwr liyl(`1 1�r+n wl'MC vwR 12) Predict two Q S Beg g at Mnsectlon Madison Street to Burlington Street west mingaaalal�t�L3�ISt lwxte of Whose Aroma and Newton Dme,mel Song BUBngmn Sail to ata center Ma of northerly ere a Bethel m itraeF Mirth Song Hawkins Drive to U.S.Hphwey the Iowa River charnel,south along said Road,west alms Kimball Road me Dewa northwesterly along Highway 8 m 'Owl River Mare& to center Line of the Sall. Wirth alae Dubow. Street to 8, 6. nate 'Mie of Iowa City; follow easterly Interstate Railway rightonwey, Ronald,Street east along Ronald*Strom corpcorporate limits of Iowa Gry=tweet easterly along center line et of the Iowa to Gilbert Stresouth along axrt Street then southwest, to Intersection with Internam Battey^pMalwaY to point of to Fairchild text west along FakeiM Mormon trekBaarvne.mNnwMeM,nd. begining. Sall to dLUPa Street. mer Dubuque Street to Bloomington Strain.V x sant along Momma Trek Boulevard to 1121 Precinct resew it 2/ tng at the along Blocnugmn Sven to mho summationwith West Benton Street east intersection of the center line of Highway B Nap wen Banton Street to ate corporate begbrwg. timate of Iowa Cry.tabor corporate knots and moreSycaSte Sweet vin south alae north, van mat then mer. then eat, sycamore Steam to sy;rtlarn corporate 1221 iUHcr Many-tar Mab Bairns at then norm. town ,anthem soorlen, m caner of City of Iowa City;follow corporate intersection a Brown Seat at GonStreet o intersection with Melrose Avenue, east 8mira of me City of Iowa City east and then Sweet north wig Governor SVM to along Morose Avenue to poll of north to centra ere of Hntehway 8: Dredge Street.becomes Hirty wap Dodge northwesterly along the Center line of Stren e n becomes Highway 1 erf beginning Highway 8 to potrl of Vpimnp, Continue oo Cty a to mMrn' MI Precinct ren (3% S•Yerg n theI corporate ants of C„a Iowa CM;fobw err coir,n of t Be Sweet art 113) Precinct ereet metra lout. Mprmng at me northern corrorate Whets of Cay of kora Madison Street,roan errs Madam Sweet ameneoWla maxMwnmmore. lois CN west, south art weal m Is m Iowa Averted west on lows Avenue of City o1 Iowa City•m SSWnaa SVeet aulmque S with DWuya sant,eoum a1 onto Newton Road am continue all on men along Sycamore Son to canter DULall Street to Kimball Sofa,ren cm Newton Road to D.S. Highway e.west line of Highway 8. the gay erre canter Kimball Road to Gilbert Sweet.at.southerlyeast on line of Highway 8 m W tamer line of me Gilbert Sex[to Brown SVM, on along U.S. Newco 8 to Hawkins eraseDnve, , laws Pore cHsM;south along center nine Brown Strata to point of begirealg. T • Ann alea Hawtw Drive to MNex I of Iowa River Wins to IM i terexwm Mere, net •req Mehra Mn. m I with me corporategout/urn cry Omits of Melrose Coast,south Song MelroseC Cann Iowa City.all Nang corporate krtku of go Broaden] Park Orme. un song City of Iowa City to pant of begirmg. iLr Bronund Pae Drive to Stoddard Race, will along Brooklland Place to Myrtle Ila) Refloat lone)((4/ Bpimng at the ii1T Ave nu, east along Myrna Avant* to inbwact on of the cense line of Highway 8 to and north t, MI tmnucnon with south wa Interstatee RailwaySycamoreweet to�Muscatine load. Might-o way,east along center lire of IowaMuscatine along LowerowerMuscatine n•Road 1 m•Interstate Railway ngi do way to canter I to Saudi Street noam n weey along ,f line of low•Rivas Wane,mer Yang ser • SOMu Stint to'Frm Street north along e. Iowa River cannel to intersection with Pie Street to me unto of qtr Iowa i Burlington SVM. east along Burlington , Interstate Railway lgMulway.northwest Street to point of beginning. along Iowa Intern/1W Radom,ngrholway r to Stamm' Sweet. south along Summit Sweet to Walnut Street.ell along Wel,-ut Sawn to Cat Street south along Clark -II � / Stm Street KKihod woAvenue, Nang (/ wen Nang tool'6l'Ll'SMOM/ SLt9C Y IgBQgI1]AL3 c—nvau. :saute 1 1661 5:ri°2 ae0o330 ;o Lep 4351 e!O Mn160*pa '1661'aPanad m An gill:M Wu1!6M nand n 2Sia Pa Mel Ag Mantes 22•u0p221Ind pua 11n0'dd flamed Pio WI ISIS!PWII W W pep.eawn!PJO INP'4LV0 AAILial.4 IA,NCALI I- 'ISuopnlnau0 A so pow!Me oP Pu I35JM 022 m uggnoid'.'uonoe!AM a alryn!re egra.fo M 10 APryan 61p 00011! 1W IPI 11wr4M!M gam 'ISuolnIauO]IA m plug n p MOs eq IPa•aaamA M p lad 10 wuj$O 045•1100Ass ALIdnlgAif ANWL50 .. 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Iquwm CI ' lags as a6w a Ung 155125 0501P0m 11005 pains 6111! °YMu 1ean5 ya111$ 0'14545.4..MAmn9 KS le!! 345115 naps in se 2550 1044509 61105 11105 '135119 01100510. 1145!Waal dap la^I an51&leo 01 aag5 gast3 00019 Ian;•13545 deep 01 wan mind F 640,,lf/w°•w1M0y NPN 01 mind 01300 •14546 wand 01 wxaAV .dad'pan'tawny a045W05 I m lay ain1ao1 Wart waw w.inn 2^3 innouu m Snag manor tow ' WKS Yxq pooumy m'easy aa01p06 DOM Lyaaaywot lemony aa'ep05 ' 01 maw ani top, lana 'away 1114 pa Peas unoy P UCgMelln I 0!l*065B 4aCi AWARA ;=PEW IKI ja tAL!6n w 11105 03 MOV Vilma PSM*M01 dam 41022eW1a •MOB I dads! aM WA01 m Paas Ienpuy WOW,Annan'11049 PAWN m want/ ,dupnn)1 awn! pea 'MWinnV Minn CA was atwmanM DPP Ayg45gpmV Pm.glow 'Paas'1PNYOsaM 02 3545 Y0lOJNttM dap Ira130 • 45 I1WMI?M I 0y snow dmI W1us•'easy lay la nary aaaipoc 010!Auuzeitsml •YSsny 131335005 21 W10 nanny Won lana •*0113 pnwAgrw a woo lgewaos 0000 an w W'0. !nay 5ISnpu9 m many aawpxy dna an non 114-500u 01 0590$and hoop 94011 'PCS w^ad m USanW 0000 dun MO'Innen 113)1!m- n Wu050 mea hams deep co peas j 01015 PIS 10545 MUM 01135 S ZwiaAO0.dal 0m35 'Paas 0005105 03 AisWuam5 Mg= 'Pe Yu15 560002010 LAvAVIIN 9Waleg'MMM ppm II Mwpn mxs owMann tY-m'AID 505 la MD w inn 19105103 WI 0105 wan pie gnu 1011 .00 45ml 10 APD P 040 eandlm sacra pa 0501/an Ina sraI$0 1/0000040 t!W1as4011 AT)osAg.tuami Patsy 106) - _ OFFICIAL PUBLICATION Ronald,Street,east tong Ronald,Sven (171' / /35g Street to Clark Street. south algp Clark to Gilbert Street.south along gegen Street L/� Street to Kirkwood Avenue. west along to Fairchild Street, west along Fairchild Kirkwood yvewe to Marcy n Scree south Street to Dubuque Street. .Erre along along Florence Stto reet Keokuk Street, Dubuque oometmnloo n Streeet.to to point 01 arch alongnKeokuk along centerline line of beginning. Cr dyi Highway 6 east of beginning center W 1221 Precinct twenty-Iwo 1221' Detesting at HpnwaY a to point of bep�nrcng. intersection of.Brown Street and Governer 1151 Precinct fifteen f15)' Smoggy at me Street. north alog Governor Street to southeast corporate limits of t/he City al Dodge Street, northeasterly along Dodge Iowa city. follow the eastern corporate Street which becomes Highway 1 and continue northeasterly to northern limitsol the City of Iowa City in a northerly corporate b'ruu of City of lows CIty;follow r direction, wen and then east along the noncan corporate urmt3 al City of Iowa Iowa mmalam Railway right-of-way. City west youth and west to its cann/vol norm Sang tthe eastern corporate intersection with DWwrre Street,scum an limns of the City1 laws City to Scott Boulevard,north along Boulevard to Dubuque Street to Kimball Road, east on Muscatine Avenue.westt along Muscatine Kimball Road to Gilbert Street,southerly on i Avenue to First Avenue,south along First Gilbert Street to Brown Street, east on Avenue to the damn line of the Iowa Brown Street to point of beginning Interstate Railway Iowa InLwe!. noriwwestern along the Iowa Interstate 1231 I eanor twenty-Wee(231: Beginning at Rai/way ri0nrglxny to e S Street,south ime/secti n of Lown West Branch o Redd slag Pine Street to Spruce Street.east and and eastern corporate Omits of City of Iowa south along Spruce Street to Lower Ciry, than norm and west along said Muscatine Road southeasterly along Lower corporate limits of City at Iowa City to its Muscatine Road to Sycamore Street,south intersection with Highway 1, then along Sycamore Street IC center line 01 southwesterly along Highway 1 onto Dodge Highway B.southeasterly along center line Street and centvuue Southwesterlyto of Highway 6 to corporate Smits of Gry of Governor Street, south along Governer Iowa City,and then southeasterly along Street to Market Street,east along Market corporate limits of City of Iowa Ciry to Street to Clapp Street,SCRIM along Cladd point 01 beginrimg, Street to Hon Avenue, east along Hots Avenue to Parson Street, north along 1161 Precinct sixteen 1161' Beginning at the Parson Street to Rochester Avenue, east intersection of the eastern corporate limits along Rochester Avenue to Rochester of the City of Iowa City and Scott Court, south and east along Rochester Boulevard,east,then north,along eastern Corot to Drive. noralong od limits mits of City of Iowa City. to m ,then Ashwood Drive to Rochester Avenue, wen along eastern corporate limits of City northeasterly along Rochester Avenue to of Iowa City to Court Street,west along First Avenue,south along First Avenue to Court Street to Kenwood Drive,south along Washintton Street,east along Washington Kenwood Drive to Fnendshp &reef, Street to Westminster Street, north and westerly along Friendship street to First Avenue tinsterlY along Westminster Street to Hastings as Avenue, south slang Fast Avenue to Ag s Avenue, east along Hastings Muscatine Avenue, easton along Muscae Avenue to Amnion Street,northerly along Avenue to Scott Boulevard, south along Amhurst Street to Lower West Branch Scott Boulevard to point of beginning, Road. southeasterly to paint along Lower West Branch Fuad to of beginning 1171 Preanct seventeen if Batmning at the intersection Iowa interstate Railway 1241 Precinct Ivenrylowargil Begin ning at right-of.way and First Accrue,north along intersection of CamStreet and Fes Cour Avenue to CsStreet west along Avenue, north along First Avenue to Court Sneutthe eues on of Court Rochester Avenue, southwesterly along Street, Muscatine Avenue Ralston Rochester Avenue to Auhwood Drive.south Creek, southerly along Ralston Creelsto along oml arise to Rochester Court,Sheridan Avenue. east tong Sheridan wesand northalong Rochester C rt to Avnnt! Rundell Street. to along dene t Avenue,west along Rochester alongStreet tJacson Avenue, east Avenue o Parson Street. south along slay Jackson Avenue to Seventh AverParson Street to Hos rwest along south along Seventh Avenue tocenter kne Hots Avenue toClapp Street,north along 01 Iowa Interstate pa tY tgytoe'way Clapp Street to Marketrewest along southeasterly alogoa Interstate nRailway Market Street to Governor Street. south ripn4af.way to oiMof beginni^p, alongGovernor Street to Burlington Street,est along Burlington Street to Summit ft GI ) eighteen nalBeginning at the Street, north along Summit Street t intersection the center hay the Iowa College Street,east along Campy Street to Interstate Railwaye y andee o as iera[a[m^ with Ralston Creek, oenue, north alum Seventh Ave nue to southerly along RalCreek to its Jackson Avenue, west along Jackson intersection with Court Street,east along Avenue to Randall Street.neoh on Rundell Coon Street to point of beginning. Street no Sherrdan AeRa, west along Sheridan Avenue to Ralston Geek, 1251 Regina orStwenty-Ma Irate Beginning at f Court Street and corporatelimits at City of northely along Ralston Creek to its Iowa of,twenty along errs limits CeS^wimCollege Street west slug Riryof waGryb Lower West Branch aMeoe Streetto Summit Street, tooth Road.wonhwen along Lower West Branch alest Summit Street to Burlington Street,wree ngBuraStreet toGovernor Road to Amtot Street, south along Sower, south along GovernorStreetto Amhurst Street to HastingsAewest Bowery Street,west along Bowery Street along Hastings AVM,. to Westminster o cove Street south along Lucas Street Sneer southwesterly along Westminster M center hoe of Iowa Interstate Betsey Street o wasMnpton Street. westalong f owlorae,southeasterly along Washtostreet e Avenue,south oIowa Interstate Railway ngm01-way to awns Mrnt Avenue! TO FnWsp Street. Mint of beg'^^'y. east and northeasterly ia Friendship Street Kenwood Drive, north along 1191 Precinct nineteen 91: Beginning at Kenwood Drive to C ort Seger east alongi hf Bowery Street and Governor Court Street to point of'recommit north Meng rte ion west GovernornStreet to Street to Linn Srweavoth Washington Linn 'Code3645;19 66, i 2 52,O Od N N2. 2633.Ord No 75. Street to By Street, mete alonglong 2665,IOrd.6o.2652,. No.2564,04 ,I. 1)5- Budin otor telBurlington Street,neast along 81 O 1 IN .134-36,Ord.2,N 27-8413.1 2,12-e- alniyJon Street to ry6 south 81,Ord.No.Bs-31)0,S 2,3-27-841. alongJohnson Street to Bowery Street.If easti along Bowery Street !0 paint 01 FRInN 'REPEALh. Allp ordinances and parts of beginning. - Steirurcby In conflict with the provisions of this Ordinance ere hereby repealed. 1241 intersection n ahi' Beginning at Govof Washington Street o SFC TD Or SEVEnancs hall be If anygadsection.provision wwn Governor Dave, north along Governor 1j` of the Ordinance shall 1aadtot s to be ecltd e Streetr t0 Davenport Serae6 west along I validity 01 the Or such as a whale shall not affect the Davenportde $laee to Lome Street.south I erl part/ reaOrdinance adlu gee whale 0n any eeGnon.prav'ean along longs l Street to Bloomington SD Street.q .( or part thereat not adludgetl mva'id or wcorutitupawl. street.t along Bsouth along Dubuque to rbugw ` Washington tonin eet, Du bong Street to 1. SECTION after EFFECTIVE D..a Tim Ordinance that be in wmM1y[pn nttof[beginning Washington I. effect dlby w aid passage.e.eowove row the h, as Street to point of beginning 4 of Ni se nb t, and snarl be et festive Depinliilq the 16th day 1,f November, 1891 1211 Precinct fn Bloomington /ingt Beginning at intersection of Boalont[Lu se Ret andto s •. Seo and approved this 15th day of OC[obCC, Lucas SVSH,north soy Lucas Streetnto 6 1 ((�//�/..}{..I 1 SteetptStreet. ova Puy ninth al ortng i V Street tor tor Sows, nont soy :/� FFE✓✓J aong Br Street &Own Street west 'Yore along Brown Street to Gilbert Street, northerly along Gilbert Street to Kimball yi Road,weal eons Kimball Road to Dubusue ATTEST CLE*K %�X,�-•J Street, scum along Dubuque Street to / CRY CLERK 14742 A October23,1991 AL. Ora. B4 ORDINANCE NO.91-3509 ORDINANCE AMENDING SECTION 2-17 OF THE CODE OF ORDINANCES OF IOWA CITY, ESTABLISHING THE • BOUNDARIES OF THE CITY COUNCIL DISTRICTS IN IOWA CITY. SECTION I. PURPOSE. The purpose of this amendment is to revise the City Council districts in Iowa City to reflect changes as a result of the reprecincting process. SECTION II. AMENDMENT: Section 2-17(1( of the Code of Ordinances is hereby amended by adding voting precinct 7 to the list of voting precincts for Council District A, and Section 2-17(3) of the Code of Ordinances is hereby amended by deleting voting precinct 7 from the list of voting precincts for Council District C. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 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. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect beginning November 15, 1991. Passed and approved this 15th day of October, 1991. /11 il / X g-e--a-arC2 fOR ATTEST: /1,r,.�_r, ,6e,..„...)CITY CL K pro y ' ll II Ci • .rney's Office 9/4„2/4/ ppdadmlaec2-17.ord 7� 05 Ordinance No. 91-3509. It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick • First Consideration 70/1 /91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published 10/23/91 Moved by Courtney, seconded by Horowitz, 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 & vote be waived and the ordinance be voted on for final consideration at this time. AYES: Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: AMBRISCO. as ,25: .IOr 'ti CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3509 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of October , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of October 19 91 . Dated at Iowa City, Iowa, this 7th day of November , 19 91 • Le Sue Johann s Deputy C' Clerk CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 3220-1816 � FAX(319) 736-3009 5 \fo a • Printer's fee $ 4?•Jra . • CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS-CITIZEN FED.ID# 42-0330670 OFFICIAL PUBLICATION I ORDINANCE NO.91-3509 Sharon Stubbs, being duly sworn, SaORDINANCE AMENDING SECTION 2.17 OF THE CODE OF y ORDIN BOUNDARIESCOO THEE CITY COUNCIL ES F IOWA IITY, ESTAB DISTRICTS IOWA THE that I am the legal clerk of the IOWA CITY. CITY PRESS-CITIZEN, a newspaper SECTION he City OSE. he purpose n f Ins amendment went'to published in said county, and that a rto reflect changes as a result of the reprecincting process. notice, a printed copy of which is SECTION p. AMENDMENT: Section 2-17111 of the Code of Ordinances is hereby AMENDMENT: by adding voting precinct 7 to A hereto attached, was published in the 713 of ep deincts for Cocos Dret and de dbby 2-17131 fthe Code of Ordinances is hereby amended oby n saidpaperdeleting voting precinct 7 from the list of voting precincts for p p ( time(s), on the Council District C. SECTION III, REPEALER. All ordinances and pans of followin date(s): ordinances conflict with the provisions of this Ordinance are hereby repealed. Or �3 Sart of ISEVERABILITY.cesallIf anyju section,provisioniinvalid or Part of the Ordinance shall be ed to be mvaor unconstitutional, such adjudication shell not affect the validity of the Ordinance as a whole or arty section.provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect beginning November 15,1991. *-- --1k Passed �a--5-• •• AIBLL7' /�/n/tl�approved this f114 Kms" Legal Clerk AypR Subscribed and sworn to before me ATTEST: 71(D,>,;._. i. �t," CITY CLERK this ._.C. day of .72#11. , A.D. • 04743October 23,1991 199/ . Notary Public MARGARET RIGS /O ,7?6 a o ORDINANCE NO. 91-3510 AN ORDINANCE AMENDING CHAPTER 7, ENTITLED "ANIMALS AND FOWLS," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 7-58 THEREIN TO INCLUDE ANIMALS TRAINED TO ASSIST PERSONS WITH DISABILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 7, "Animals and Fowls," of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 7-58, and enacting in lieu thereof a new section to be codified the same to read as follows: The licensing provisions of this chapter shall not be intended to apply to: dogs or cats whose owners are non-residents temporarily within the city; kennel dogs which are kept or raised in facilities licensed pursuant to Chapter 162 of the 1991 Code of Iowa solely for the bona fide purpose of sale and which are kept under constant restraint; dogs or cats brought into the city for the purpose of participating in any dog or cat show; or animals properly trained to assist persons with disabilities, providing such animals are kept restrained on the owner's premises, under supervision or control at all times, or under leash at all times. SECTION II. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of October, 1991 . MAYOR ATTEST: r-c- � ,�� CITY CL �RK Approved by IOW City Attorn-y's Office policelchap7.ord /a clQL Ordinance No. 91-3510. It was moved by Kubby and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney Horowitz Kubby Larson McDonald Novick First Consideration Vote for passage: Second Consideration 10/1/91 Vote for Passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Date published 10/23/91 Moved by Courtney, seconded by Ambrisco, 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 first consideration & vote be waived and the ordinance be given second consideration at this time. AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. 070 A de/6 mTi qFC'. J1i 111W1R• TIFF.. '!n - 71 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Sue Johannes, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3510 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of October , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 23rd day of October 19 91 . Dated at Iowa City, Iowa, this 7th day of_November , 19 91 . Sue Joha es Deputy C' Clerk • CIVIC CENTER • 410 E. WASHINGTON 8T. PHONE (319) 356-5009 IOWA CITY IOWA 52240-1826 ���� FAX(319) 336-3009 1c/' 9/-357 Printer's fee $ /1 , 0 V CERTIFICATE OF PUBLICATION STATE OF IOWA,Johnson County, ss: OFFICIAL PUBLICATION THE IOWA CITY PRESS-CITIZEN ORDINANCE N0. 91-341U AN ORDINANCE AMENDING CHAPTER 7, ENTITLED FED. ID #42-0330670 ' 'ANIMALS AND FOWLS,'OF THE CODE OF OROINANCES Of THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 7.58 THEREIN TO INCLUDE ANIMALS TRAINED TO ASSIST PERSONS WITH DISABILITIES. I, RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY.IOWA: • Sharon Stubbs, being duly sworn, say SECTION I. That Chapter 7.'Annuls and Fowls,'of the that I am the legal clerk of the IOWA Code isdi i1Cys City lin Sec towa.7 be,and the same is hereby amended by repealing Section 758,and CITY PRESS-CITIZEN, a newspaper ento calieu thereof a new section be codified the same to readd as as follows: The licensing provisions of this chapter shall not be published in said county, and that a intended to apply to dogs or cats whose owners is are non-residents temporarily within the cry;kennel notice, a printed copy of which dogs which are kept or raised in lacilities licensed Pursuant m Chapter 162 of the 1991 Code of Iowa • hereto attached, was published in solely for the bona tide purpose of sale and which • are kept under constant restraint; dogs or cats said paper time(s), on the brought into the city for the purpose of participating in any dog or cal show;of animals meetly Trained following date(s): to assist persons with disabilities, providing such �` animals are kept restrained on the owners premises, / \ 4 2 / 99 f under ti iron a control at all times.or under U `�7`"-- //" leash at all times. SECTION II. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void,then the lawful provisions of this Ordinance are deemed severable and shalt remain in full force and effect. --- SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. a SECTION IV. EFFECTIVE DATE. This Ordinance shall be in lull force and effect from and alter its final passage,approval Legal Clerk and publication,as provided by law. Passed and approved this Subscribed and sworn to before me AVOR • this c day of ISO). , A.D. / 19 9i ATTEST: ,21,2,,,./ 7S V-62/..4,./ CITY CL K • 14744 ' October 23,1991 Notary Public 48 MARGARET RIOS SRO Br_ ORDINANCE NO. 91-3511 ORDINANCE TO AMEND THE SIGN REGULATIONS OF THE ZONING ORDINANCE WITH RESPECT TO IDENTIFICATION AWNING SIGNS IN RM (MULTI-FAMILY) ZONES. WHEREAS,the Sign Regulations are intended to enhance and protect the physical appearance and safety of the community through standards which provide all sign users a responsible opportunity to display signs for identification; and WHEREAS, the Sign Regulations permit awning signs in certain zones subject to an individual signage allowance; and WHEREAS, awning signs would be similar in character and size to other signs now permitted in multi-family zones and would allow flexibility in the location of signage; and WHEREAS, the City Council of Iowa City finds that the Sign Regulations should be amended to permit awning signs in multi-family zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Section 36-62(c)(1H1) of the Code of Ordinances is amended by adding the word "awning' so that the section reads as follows: Principal uses other than single family dwellings • and duplexes shall be permitted one identification facia, awning or monument sign. 2. Section 36-62(c) is amended by adding the following new subsection (5) to read as follows: Sign: Awning (in ID-RM, RM-12, RM-20, RNC-20, RM-44 and RM-145 Zones). Maximum Area: 25% of the surface of the awning or 12 square feet, whichever is less. Maximum Height: Top of first story. SECTION II. CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage of publication as provided by law. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjusted 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. a? Ordinance No.91-3511 Page 2 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 12th day of November, 1991. 7YOR ATTEST: //((+Zil0,v� yr. 01.14.2CITY CLERK Approve i City Attorney's 1ffice /J 2 /q/ ppdadminlawnaigna.ord YY oma? It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco x Courtney R Horowitz x Kubby x Larson x McDonald x Novick First Consideration 10/29/91 Vote for passage: AYES: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published 11/20/91 Moved by Courtney, seconded by Ambrisco, 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 first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: NONE. ABSENT: NONE. ^- ^qAM_ t 1,ni CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3511 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of November , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of November 19 91 Dated at Iowa City, Iowa, this 7th day of January , 19 92 Susan Walsh Deputy City Clerk \wd.h.crt CIVCENTER • 410 E `1826FAX(3I9)H INGTON ST. 4W PHONE( 19 (319) 356-5000 IOWA CITY IOWA ) 356-5009 gar a7 -x 7/-35// OFFICIAL PUBLICATION ORDINANCE NO. 91-3511 • ORDINANCE TO AMEND THE SIGN REGULATIONS OF THE /,. ZONING ORDINANCE WITH RESPECT TO IDENTIFICATION Printer's fee $ /(C ' �� AWNING SIGNS IN RM(MULTI-FAMILY)ZONES. WHEREAS,the Sign Regulations are intended to enhance and protect the physical appearance and safety of the CERTIFICATE OF PUBLICATION community Itvough standards which provide all sign users a STATE OF IOWA, Johnson County,ss: responsibleoppthe ity to egulayt signs for it awning sig and WHEREAS.the Sign Regulations permit awning signs m certain zones subject to an individual signage allowance;and THE IOWA CITY PRESS-CITIZEN WHEREAS,awning signs would be similar in character and size to other signs now permitted in multi-family andel FED. ID# 42-0330670 would and would allow flexibility in the exibilithe location ion of signage;and WHEREAS,the City Council of Icwa City finds that the Sign Regulations should be amended to permit awning signs in multi-family zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA: SECTION I AMEND Sharon Stubbs, being duly sworn, say 1. Section 3662(ch1i1/111)I1) of the Code of Ordinances is amended by adding the word 'awning' so that the that I am the legal clerk of the IOWA section reads as follows: Principal uses other than single family dwellings CITY PRESS-CITIZEN, a newspaper and duplexes shall be permitted one identification facia.awning or monument sign. published in said county, and that a 2. Section 36-621c1 is amended by adding the following new subsection 151 to read as follows: notice, a printed copy of Which L, Ssa: Awning On IO•RM, RM-12, RM-20, Is RNC-20,RM-44 and RM-145 Zones) hereto attached, was published in Maximum Area: 25% of the surface of the awning or 12 square feet, said paper j whichever is less. time(s), on the Maximum Heiuht: Top of first story. following date(s): SECTION II CERTIFICATION. The City Clerk is hereby //lYA///(//')� 1f Ulf 9 authorized and directed to certify a copy of this ordinance to --`) , t / the Cage tyof publication of Johnson byCounty.Iowa.upon final passage of as provided by law. SECTION Ill, REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV, SEVERABILITY. If any section.provision or part of the Ordinance shall be adjusted to be invalid or ----�� / ---A-4•1\70-1:,1-V- 1orlcd ty of the°r such ge a whole shall not ti affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. Legal Clerk Ordinance No. 91-3511 SECTION V EFFECTIVE GATE This Ordinance shall be in Subscribed and sworn to before me effect after its final passage,approval and publication, as required by law. Passed and approved thra 12th day of November, 1991 this .// day of , A.D. 199/ . /Y0').1,1 --- f ItiQ ATTEST: Qad J r� Notary Public CITY C` vi �.rvJ 1 Approve. • City Attorney's altice/,j.74 14518 November 20,1991 Orh B« ORDINANCE NO. 91-3512 AN ORDINANCE AMENDING CHAPTER 36, ENTITLED "ZONING ORDINANCE" OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, BY AMENDING SECTION 36-11(E) THEREIN TO CLARIFY NON-CONFORMING LOT STATUS IN RELATIONSHIP TO THE RM-12 ZONE DIMENSIONAL REQUIREMENTS. WHEREAS, the Zoning Ordinance provides that a non- conforming lot is created by legislative action, not by owner choice; and WHEREAS, the Zoning Ordinance further provides that every use established or structure erected or structurally altered after December, 1983, shall be located on a lot as defined by the Zoning Ordinance; and WHEREAS, the RM-12, Low Density Multi-Family Residential Zone, is singular in that it is the only zone in the City which has a sliding scale of dimensional requirements; and WHEREAS, property owners desiring to increase the intensity of use in the RM-12 zone on property that does not meet the lot width and/or lot frontage requirements for the increased density have erroneously concluded that the property then becomes a non-conforming lot; and WHEREAS, clarification of the Zoning Ordinance needed to specify that the sliding scale of dimensional requirements in the RM-12 zone does not automatically confer non- conforming lot status for properties not meeting the dimensional requirements for more intensive uses. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: That Chapter 36, "Zoning Ordinance" of the Code of Ordinances of the City of Iowa City,Iowa, be, and the same is hereby amended by repealing the first sentence of Section 36-11(e) and enacting in lieu thereof the following: Section 36-11(e). Dimensional requirements. The following table of dimensional requirements shall be applicable to the uses of this zone, but does not permit the creation of a non-conforming lot to attain higher densities of development. SECTION II. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void,then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and public&an, as provided by law. Passed and approved this 12th day of November, 1991. 019 Ordinance No. 91-3512 Page 2 / /1Z, �� 1AVOR ATTEST: //(Q irk �T. . CITY CL K ' Approv-, r Age City Attorney's Office /.007/ ppdadmin1ec36.11 e.ord C2 It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 10/29/91 Vote for passage: AYES: Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco, Courtney. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published 11/20/41 Moved by Courtney, seconded by Ambrisco, 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 first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: • None. ABSENT: None. ac. ",1 T - 6 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3512 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of November , 1 9 91 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 20th day of November 19 91 Dated at Iowa City, Iowa, this 7th day of January 19 92 -240/k/ Wall)A Susan Walsh Deputy City Clerk lweich.crt • CIVIC CENTER 4 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 53260-1826 FAX(319) 356-5009 Ciftag ,ee as meq. • OFFICIAL PUBLICATION ORDINANCE NO.91-'1512 AN ORDINANCE AMENDING CHAPTER 36. ENTITLED 'ZONING ORDINANCE'OF THE CODE OF ORDINANCES OF '�` IOWA CITY, IOWA, BY AMENDING SECTION 36-11(El 5—VJ THEREIN TO CLARIFY NON-CONFORMING LOT STATUS IN Printer's fee RELATIONSHIP TO THE RM-12 ZONE DIMENSIONAL REQUIREMENTS. CERTIFICATE OF PUBLICATION WHEREAS, tse Zoning legislative provides that a r conforming lot is created by kpisla[ive action,not by owner choice;and STATE OF IOWA,Johnson County, ss: WHEREAS, the Zoning Ordinance further provides that THE IOWA CITY PRESS-CITIZEN eery use established or structure erected or structurally altered after December, 1983.shall be located on a lot as FED. ID#42-0330670 defined by the Zoning Ordinance;and WHEREAS, the RM-12, Law Density Multi-Family Residential Zone,is singular in that it is the only zone in the City which has a sliding scale of dimensional requirements; and I WHEREAS, property owners desiring to increase the intensity of use in the RM-12 zone on property that does not meet the lot width and/or lot frontage requirements for the Sharon Stubbs, being duly sworn, say increased density have erroneously concluded that the property then becomes a non-conforming lot:and that I am the legal clerk of the IOWA WHEREAS,clarification of the Zoning Ordinance needed to specify that the sliding scale of dimensional requirements in CITY PRESS-CITIZEN, a newspaper the RM-12 zone does not automatically confer non- conforming lot status for properties not meeting the published in said county and that a dimensional requirements for more intensive uses. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF notice, a tinted co Uf which 1S IOWA CITY,IOWA: P pY SECTION I, AMENDMENT' That Chapter 36, 'Zoning hereto attached was published in Ordinance'of the Code of Ordinances of the City of Iowa 1 City,Iowa,be.and the same is hereby amended by repealing said paper time(s) on the the first sentence of Section 36-11(e)and enacting in lieu thereof the following: following date(s): Section 36-11(e). Dimensional teauirements. The / following table of dimensional requirements shall be l eg o f • applicable to the uses this zone,but does not in permitigh /� �i 1 the creation of a development.non-conforming lot to attain higher [J V lJ t densities of development. SECTION II, REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void,then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. - SECTION IV. EFFECTIVE DATE. This Ordinance shall be in lull force and effect from and after its final passage,approval Legal Clerk and publics.rn,as provided by law. Passed and approved this 12th day of November,1991. Subscribed and sworn to before me . Ordinance No. 91_3512 this // day of K2-12-1a--' , A.D. AYOR 4'' ATTEST: (�1o•.,p� 75 � Notary Public CITY o • ff.; e� MARGARET RIOS Appro • N4, a l � M1 a2 ._... ity Attorney's Office/LA -/ 14519 November20,1991 ..2 Dect gC ORDINANCE NO. 91-3513 AN ORDINANCE AMENDING CHAPTER 36, ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF ' IOWA CITY BY ESTABLISHING A MORATORIUM UNTIL APRIL 1, 1992, ON NEW CONSTRUCTION FOR PROPERTY ZONED RM-145 AND LOCATED WITHIN THE BOUNDARIES OF THE NEAR SOUTHSIDE NEIGHBORHOOD REDEVELOPMENT PLAN. WHEREAS, the City Council has agreed, in principle, with the concepts outlined in the Near Southside Neighborhood Redevelopment Plan,which includes property located within an area bounded by Burlington Street on the north, Gilbert Street on the east, Iowa Interstate Railway main line and Des Moines St. R-O-W on the south, and Madison Street on the west; and WHEREAS, the Plan contemplates major revisions to the requirements of the RM-145 zone, as well as critical decisions required on the issue of parking; and WHEREAS, development in the RM-145 zone within the boundaries of the Plan pursuant to current RM-145 requirements would result in development contrary to, inconsistent with,and anomalous to the Plan currently under consideration by the Council; and WHEREAS, such inconsistent and anomalous development would seriously compromise the integrity of the Plan and would be contrary to the public interest. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Chapter 36 of the Zoning Ordinance is hereby amended by the adoption of the following new subsection: • 36-15(h0. Temporary moratorium. In order to provide sufficient time for consideration of amendments . to the RM-145 zone as they apply to all or part of the Study Area herein after described, the issuance of new building or foundation permits for new construction in the Study Area shall be suspended until April 1, 1992. The Study Area affected by this ordinance is generally described as follows: County Seat Addition, Block 1, Lots 1-4; Block 19, • Lots 1-4; Block 9, Lots 1-6; all of Block 20 lying north and west of Ralston Creek; Block 13, Lots 1 and 2; all of Block 12; and Block 11, Lots 1, 7,and 8,the west 100 feet of Lot 6,and the north 40 feet of Lot 2, and includes property located within an area bounded by Burlington Street on the north, Gilbert Street on the east, Iowa Interstate Railway main line and Des Moines St. R-O-W on the south, and Madison Street on the west. The purpose of this moratorium is to avoid projects which will be incompatible with, and indeed thwart, the amendments to zoning regulations now contemplated and under consideration in conjunction with the Near Southside Neighborhood Redevelopment Plan. The moratorium is intended to prevent issuance of new building permits for new construction. Buildings and foundation permits issued prior to October 29, 1991, • 37 Ordinance No.91-3513 Page 2 and new building permits for repair or remodeling of existing buildings are not intended to be suspended or prohibited. Rather, the moratorium is intended to be an interim, temporary measure, to be repealed upon adoption of any zoning regulation amendments found to be necessary as a result of the Plan, or on April 1, 1992, whichever occurs first. It is the further intent of the City Council to act expeditiously in the review and adoption of the Plan, as well as any resultant zoning ordinance amendments. SECTION II. The Building Official is hereby authorized 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. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the Office of the Johnson County Recorder, Johnson County, Iowa upon final passage, approval, and publication as provided by law. SECTION IV. EFFECTIVE DATE. This Ordinance shall become effective upon publication and shall remain in effect until April 1, 1992, or until enactment of an ordinance to amend the provisions of the RM-145 zone, whichever is sooner. Passed and approved this 26th day of November, 1991. Sgal'e-'6g2 AYOR • // ATTEST: � 7i/J• ce0442 • CITY CL K Approv-d by etiftl City Attorney's Office [I 7/q/ ppddir\moretorm.ord a9 It was moved by Courtney and seconded by Novick that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 11/12/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published 12/4/91 Moved by Courtney, seconded by Ambrisco, 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 secondconsideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. aq A CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3513 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of November , 19 91 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 4th day of December 19 91 . Dated at Iowa City, Iowa, this 7th day of January , 19 92 ._2144.44 (0014 Susan Walsh Deputy City Clerk 1walch.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52340-1826 FAX(319) 356-5009 `TtF n 1 0 9/ 35/3 OFFICIAL PUBLICATION ORDINANCE NO. '�j-3511 AN ORDINANCE AMENDING CHAPTER 36, ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY BY ESTABLISHING A MORATORIUM UNTIL APRIL 1,1992.ON NEW CONSTRUCTION FOR PROPERTY ZONED RM•145 AND LOCATED WITHIN THE BOUNDARIES OF THE NEAR SOUTHSIDE NEIGHBORHOOD REDEVELOPMENT FLAN. WHEREAS.the City Council has agreed.in pnncAle,with the concepts outlined in the Near Southside Neighborhood Redevelopment Plan,which includes property located within an area bounded by Burlington Street on the north,Gilbert Street on the east.Iowa Interstate Railway main tine and Des Moines St.R-O-W on the south,and Madison Street on the west;and dd.. WHEREAS. the Plan Contemplates major revisions to the Printer's fee ip,_,y/ D e 3 requirements of the RM-145 zone. as well as critical decisions required on the issue of parking;and WHEREAS.development.n the RM-145 zone within the boundaries of the Plan pursuant to current RM-145 CERTIFICATE OF PUBLICATION requirements would result in development contrary to, inconsistent with,and anomalous to the Plan currently under STATE OF IOWA,Johnson County, consideration by the Council;and ss: WHEREAS,such inconsistent and anomalous development THEIOWA CITY PRESS-CITIZEN would seriously compromise the integrity of the Plan and would be contrary to the public interest. FED. II)# 42-0330670 BE IT ORDAINED BY THE CITY OF IOWA CITY,IOWA: SECTION I. AMENDMENTS. Chapter 36 of the Zoning Ordinance is hereby amended by the adoption of the following new subsection: 36.15(h). Temporary moratorium. In order to Provide sufficient time for consideration of amendments 1 -— -- --. to the RM-745 zone as they apply to all or part of the Sharon Stubbs, being duly sworn, say bu";ng'oafouundationnepermtsfor new'Cons uc of in that I am the legal clerk of the IOWA the StudyArea shalllie suspendeduntil April 1,1992. The Studyb Area affected by this ordinance is described as follows: CITY PRESS CITIZEN, a newspaper generallyCounty Seat Addition.Block 1,Lots 1 4,Block 19. Lots I-4:Block 9.Lots 1-6;all of Block 20 lying published in said county, and that a north and west of Ralston Creek,Block 13.Lots 1 and 2:all of Block 12.and Block 11,Lots 1.7,and notice, a printed copy of which is B.the west 100 feet of Lot 5,and the north 40 feet of Lot 2,and includes property located within an hereto attached, was published in area bounded by Burlington Street on the north, Gilbert Street on the east,Iowa Interstate Railway said paper ( time(s), on the main line and Des Moines St.R.O-W on the south, and Madison Street on the west following date(s): The purpose of this moratorium is to avoid projects ///��� which will be mcompabble with,and indeed thwart.the r✓ e ^ L( p ?/ / amendments to zoning regulations now contemplated 1( {/ I/ 1 and under consideration ;n conlunctmn with the Near Southside Neighborhood Redevelopment Plan. The moratorium is intended to prevent issuance of new building permits fon new construction. Buildings and foundation permits issued prior to October 29, 1991, C / and new building permits for repair or remodeling Of ilr ,• existing buildings are nor intended to be suspended or �t—�. Prohibited. Rather,the moratorium is intended to be an �/ �'. interim, temporary measure. to be repealed upon adoption of any zoning regulation amendments found to Legal Clerk be necessary as a result of the Plan,or on April 1,1992, whichever occurs first.It is the further intent of the City Council to act expeditiously in the review and adoption Subscribed and sworn to before me of the resultant as any zoning grid nonce amendments.n.as we SECTION II The Building Official is hereby authorized to // change the Zoning Map of the Ciry of Iowa City,lows.to this •3/ day of 3[/C/�� A,D. conform to urs amendment upon the final passage,appfoval, and publication of this Ordinance as provided by law. C�/ SECTION III. The City Clerk is hereby authorized and directed 19 r to Lertify a copy of this Ordinance to the Office of the Johnson County Recorder,Johnson County,Iowa upon final passage.approval,and publication as provided by law. SECTION IV. EFFECTIVE DATE. This Ordinance shall become it 1, 19 upon until publication and shall remain in effect until April 1, 1992,or until enactment an e ordinance to amend the provisions of the RM-Las zone, whichever is any Public sooner. Passed and approvveddd this 2266th day of November, 1991. AVO • ATTEST: 2?( i} 7S. y., CITY CLERK Pat a 15318 December 4,1991 • MARGARET Rios /e),421 6. wP Ord g.k ORDINANCE NO. 91-3514 AN ORDINANCE NAMING THE ROAD LOCATED EAST OF CAROUSEL MOTORS - RUPPERT ROAD. WHEREAS, a certain property has been conveyed to the City of Iowa City for street purposes, located east of the Carousel Motors property and south of Highway 1, and WHEREAS, this property has been improved with a street built to City standards but has not yet been named, and WHEREAS, prior to being conveyed to the City, this property was owned by the Ruppert family for several years, and WHEREAS, the City has received a request to name the street Ruppert Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The road located east of Carousel Motors is hereby named Ruppert Road. 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 required by law. Passed and approved this 26th day of November, 1991. AYOR ATTEST: I/ . . . a - CITY CL 'K • Approved by, , City Attorney's Office i ppdadrren\ruppert.ord 36 It was moved by Courtneyand seconded by Horowitz that the Ordinance as read be adoped , and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson McDonald x Novick First Consideration 11/12/91 Vote for passage: AYES: Ambrisco,Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for Passage: Date published 12/4/91 Moved by Courtney, seconded by Horowitz, 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: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. 30 CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3514 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of November , 19 91 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 4th day of December 19 91 . Dated at Iowa City, Iowa, this 7th day of January , 19 92 2MO U) /4A Susan Walsh Deputy City Clerk \wdsh.ert CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52200-1826 FAX(319) 356-5009 �� 30 ORD. y1-35/ f' y Printer's fee $ 9• a d CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, ss: THE IOWA CITY PRESS-CITIZEN OFFICIAL PUBLICATION FED.ID# 42-0330670 ORDINANCE NO. 91-351 AN ORDINANCE NAMING THE ROAD LOCATED EAST OF CAROUSEL MOTORS•RUPPERT ROAD. WHEREAS,a certain property has been conveyed to the 7 City of Iowa City for street purposes, located east of the Carousel Motors property and south of Highway 1,and Sharon Stubbs, being duly sworn, say WHEREAS.this property has been improved with a street that I am the legal clerk of the IOWA built to City standards but has not yet been named,and WHEREAS, prior to being conveyed to the City, this CITY PRESS-CITIZEN, a newspaper property was owned by the Ruppert family for several years, WHEREAS, the City has received a request to name the published in said county, and that a scree:Ruppert Road NOW, THEREFORE, BE IT ORDAINED BY THE CITU notice, a printed copy of which is COUNCIL OF IOWA CITY,IOWA: SECTION I. The road boated east of Carousel Motors is hereto attached, was published in hereby named Ruppert Road. ( SECTION II. REPEALER. All ordinances and parts of said paper time(s), on the ordinances in conflict with the provisions of this Ordinance areby repealed. following date(s): SECTION III. SEVERABILITY. party section.provision or part of the Ordinance shall be adjudged to be invalid cc (((/// 1/ a // ) (7 I // unconstitutional, such adjudication shall not affect the 7 (/ 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 recurred by law, f jPassed and approved this 2bth day of November, 1991. 41. .........„...L.A.,43N14,...___ a • o VOR Lega • erk Subscribed and sworn to before me ATTEST: }' r...s.� 41a.,L> CITY CLERK 15323 December 4,1991 this 3/ day of £ • , A.D. 19 9( . IM. / MARGARET RIO.10 a Public 6 •r C% /- . I . 30 Or--I IX, ORDINANCE NO. 91-3515 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF APPROXIMATELY 33 ACRES OF LAND LOCATED EAST OF SYCAMORE STREET AND WEST OF GRANT WOOD ELEMENTARY SCHOOL, FROM ID-RS TO RS-5. WHEREAS, the Applicant, Frantz Construction, Inc., has requested that the City rezone approximately 33 acres of land located east of Sycamore Street and west of Grant Wood Elementary School from ID-RS, Interim Development- Single-Family Residential,to RS-5,Low-Density Single-Family Residential; and WHEREAS, the 1989 Update of the Comprehensive Plan was recently amended to designate the subject tract as being in Phase I of the residential development sequence schedule, and WHEREAS, the City Council finds the following public needs are directly caused by the requested change, and must be satisfied by conditions in addition to existing regulations: A. Sanitary sewer service must be made available to the site. B. To incorporate the subject tract into the City's street network, Lakeside Drive must be extended through the subject tract at collector street standards; and WHEREAS, the applicant has agreed that the conditions contained in the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference, are reasonable and satisfy public needs which are directly caused by the requested change; and WHEREAS, the applicant has, prior to the adjournment of the public hearing held on this ordinance, agreed in writing to the imposition of said conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement and by authority of Section 414.5, Code of Iowa (1991), the property described below is hereby reclassified from its present classification of ID-RS to RS-5. Commencing at the Southeast corner of Section -23, T79N, R6W of the 5th P.M.; Thence S89°37'07"W,1138.73feet;Thence NO°02'09"E, 2081.20 feet;Thence N89°57'51"W, 180.24 feet to the Point of Beginning, Thence N89°57'51"W, 1277.35 feet to a point on the East R.O.W. line of Sycamore Street (said R.O.W. being 70 feet wide); Thence SO°01'03"E, 772.63 feet along said East R.O.W. line; Thence N89°17'46"E, 1279.32 feet; Thence NO°09'25"W, 756A2 feet to the Point of Beginning. Said tract containing 22.43 acres more or less. And also including the following described tract: 31 Ordinance No. 91-3515 Page 2 Commencing at the Northeast corner of the Northwest Quarter of Section 23,T79N,R6W of the 5th Principal Meridian;Thence Si°39'10"E,375.40 feet to the centerline station 222+12.6 of U.S. Hwy #6; Thence SO°01'03"E, 2316.72 feet; Thence N88°57'05"E, 35.00 feet to the Point of Beginning; Thence SO°01'03"E, 448.74 feet; Thence S89°57'51"E, 872.91 feet; Thence NO°02'09"E, 529.33 feet to a point on the South line of Part One Mount Prospect Addition to Iowa City, Iowa; Thence S88°59'27"W, 130.00 feet to the Southwest corner of Lot 22 in Part One Mount Prospect Addition to Iowa City, Iowa; Thence 575°32'09"W, 252.15 feet; Thence N89°57'51 "W, 321 .27 feet; Thence S73°19'46"W,52.19 feet;Thence S89°58'57"W, 128.00 feet to the Point of Beginning. Said tract containing 9.61 acres more or less. And also including the following described that: Commencing at the Southeast Corner of said Section 23,Township 79 North,Range 6 West of the 5th P.M. Thence S89°37'07"W, 1138.73 feet, Thence N00°02'09"E, 2081.20 feet; Thence N89°57'51"W, 180.24 feet to the Point of Beginning;Thence N89°57'51"W, 1312.82 feet to the center line of the county road, Thence N00°04'51"W, 30 feet along said center line; Thence S89°57'51"E, 1,312.90 feet; Thence S00°03'47"W, 30.00 feet to the place of beginning. 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Conditional Zoning Agreement is hereby approved and the Mayor is hereby authorized and directed to execute and the City Clerk to attest same, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts 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 adjusted 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. 3t Ordinance No. 91-3515 Page 3 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 26th day of November, 1991. ‘119'"-de'r22 /' AYOR ATTEST: a e - A • - i CITY CLE' Approve by City Attorney's Office �p�Q// ppdadmin\sycamre.ord 3l It was moved by Courtney and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _1L___ Ambrisco Courtney _1L___ Horowitz Kubby Larson McDonald Novick First Consideration 11/12/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Larson, McDonald, Novick. NAYS: Kubby ABSENT: None. Second Consideration Vote for Passage: Date published 12/4/91 Moved by Courtney, seconded by Horowitz, 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: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. 31 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made by and between Donna Gunndls, attorney- in-fact for Wilbert Frantz, Hills Bank & Trust Company, Trustee of the Edith Frantz Trust ("Owner"), Frantz Construction, Inc. ("Applicant"), and the CITY OF IOWA CITY, a Municipal Corporation ("City"); RECITALS WHEREAS, Owner currently owns the following-described real estate located in Johnson County, Iowa: Commencing at the Southeast corner of Section 23, T79N, R6W of the 5th P.M.; Thence S89°37'07"W, 1138.73 feet; Thence N0°02'09"E, 2081.20 feet; Thence N89°57'S1"W, 180.24 feet to the Point of Beginning, Thence N89°57'S1"W, 1277.35 feet to a point on the East R.O.W. line of Sycamore Street (said R.O.W. being 70 feet wide); Thence S0°01'03"E, 772.63 feet along the said East R.O.W. line; Thence N89°17'46"E, 1279.32 feet; Thence N0°09'25"W, 756.12 feet to the Point of Beginning. Said tract containing 22.43 acres more or less. And also including the following described tract: Commencing at the Northeast corner of the Northwest Quarter of Section 23, T79N, R6W of the 5th Principal Meridian; Thence S1°39'10"E, 375.40 feet to the centerline station 222+12.6 of U.S. Hwy#6; Thence S0°01'03"E, 2316.72 feet;Thence N88°57'05"E, 35.00 feet to the Point of Beginning; Thence S0°01'03"E, 448.74 feet; Thence S89°57'51"E, 872.91 feet; Thence N0°02'09"E, 529.33 feet to a point on the South line of Part One Mount Prospect Addition to Iowa City, Iowa; Thence S88°59'27"W, 130.00 feet to the Southwest corner of Lot 22 in Part One Mount Prospect Addition to Iowa City, Iowa; Thence S75°32'09"W, 252.15 feet; Thence N89°57'51"W, 321.27 feet; Thence S73°19'46"W, 52.19 feet; Thence S89°58'57"W, 128.00 feet to the Point of Beginning. Said tract containing 9.61 acres more or less. And also including the following described parcel which Owner has contracted to purchase from the Iowa City Community School District: Commencing at the Southeast Corner of said Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence S89°37'07"W, 1138.73 feet, Thence N00°02'09"E, 2081.20 feet; Thence N89°57'51"W, 180.24 feet to the Point of Beginning; Thence N89°57'51"W, 1312.82 feet to the center line of the county road, Thence N00°04'51"W, 30 feet along said center line; Thence S89°57'51"E, 1,312.90 feet; Thence S00°03'47"W, 30.00 feet to the place of beginning, and WHEREAS, Applicant currently has a request for rezoning before the City, and will at time of subdivision be the legal title owner of said property; and WHEREAS, the above-described property ("subject area") is currently zoned ID-RS, Interim Development-Single-Family Residential; and the applicant now desires that this property be rezoned RS-5, Low Density Single-Family Residential; and 31. 2 WHEREAS, the 1989 Update of the Comprehensive Plan was recently amended to designate the subject tract as being in Phase I of the residential development sequence schedule, and WHEREAS, sanitary sewer service Is not presently available to the site, and WHEREAS, to incorporate the subject area into the City street network, Lakeside Drive must be extended through the subject tract at City collector street standards, and NOW,THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. In consideration of the City's rezoning of the subject property from ID-RS to RS-5, Low Density Single-Family Residential, Applicant agrees development and use of the subject property will conform to the requirements of said zone as well as the following additional conditions: A. Development of the subject area shall not occur until and unless municipal sanitary sewer system is extended to serve the subject area provided, however, Owner may secure approval of a Final Subdivision Plat and commence installation of the subdivision improvements and securing building permits when a sanitary sewer construction contract is approved and executed by the City. B. Development may not occur on the subject area until and unless Applicant obtains the rights necessary to extend Lakeside Drive and to construct Lakeside Drive at collector street standards, pursuant to current policy regarding City payment of oversize costs. 2. City, Owner and Applicant acknowledge and agree that these conditions are reasonable and satisfy public needs which are directly caused by this zoning change and are imposed pursuant to Section 414.5, Code of Iowa (1991). 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land; shall, upon execution, be recorded in the Johnson County Recorder's Office at Owner and/or Applicant's expense; and shall, without further recitation, continue to be a covenant on each portion of the subject area, until released of record by the City. 4. Nothing in this Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local and state regulations, and Applicant and Owner acknowledge same. 5. Applicant and Owner further acknowledge that in the event the subject area is transferred, sold, redeveloped, subdivided, divided, or split, there shall in no event be redevelopment that occurs which is not in conformance with the terms of this Agreement. 31 3 Dated this 26th day of November , 1991. CITY OF IOWA CITY, IOWA FRANTZ CONSTRUCTION, INC. B g .—fit► � ��+ By:/ / /��� y; /John McDonald, Mayor William L. Frantz, President & Sec et- ATTEST: WILBERT FRANTZ /f ,J i ate,�.a� --A7Cw � By: �UYtlf- if / //,�/ Man K. Karr, City Clerk Donna Gunnells, attorney-in-fact HILLS BANK & TRUST COMPANY, Trustee of the Edith Frantz Trust 1111 A �i r By: a , ,Als 1 , _• 1` ' — NW 3l 4 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /S day of G2 , A.D. 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William L Frantz, to me personally known, who being by me duly sworn, did say that he is the President and Secretary of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said William L. Frantz, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. JOANNE BRADY L�COMMISSION EY,?IBES Notary P bl c in and for the State ofA•wa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /6-day of dC(iG- , 1991, before me, a Notary Public in and for the State of Iowa, personally appeared Donna Gunnas, personally known, and, who, being by me duly sworn, did say that she is the attorney-in-fact for Wilbert Frantz, and acknowledged that she signed the name of Wilbert Frantz thereto, as his principal, and her own name as attorney-in-fact, as the free and voluntary act of said principal for the uses and purposes therein set forth, and that she executed the said instrument under authority given her by said principal. Joiknii FD7YlRFS wco Nota ublic il( n dor the St of Iowa 3l 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I``- day of (T& to Q.. , 1991, before me, the undersigned a Notary Public In and for the State of Iowa, personally appeared -uc,\Co L • k<_9 •,,h and :,Pr,,. 1c� 4 6c 6• , to me personally known, who being by me duly sworn, did say that they are the T),( and respectively of the l&rporation executing the foregoing instrument; that seal affixed thereto is the seal of the corporation; that said instrument ytas signed and sealed on behalf of the corporation by authority of its Board of Directors and that ; ` and X.c•L.,a1.0 .4 acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary by it, by them and as a fiduciary voluntarily executed. l.' A.MICHELLE BENDER 7)il .f_Adh 1> . 1dY OMMISSION EX,IRES ow= Notary Pub c in and for the State of Iowa STATE OF IOWA ss: JOHNSON COUNTY ) On this =% day of `(\tee l , 1991, before me, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of i rpi 2 ouncil, as contained in (Ordinance) iiiesetution No. of-&5 (5 passed (the adopted) by the City Council, under Roll Call No. of the City Council on the '`h day of -nroe 19 91 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Approve. : e T• • l 00,7 40.ram% City Attorney's Office /<) ,y i/ ppdadmlmfrantz.cza / •r' III � 1� • �-- 111kt CITY OF IOWA CITY STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3515 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day of November , 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of January 19 92 . Dated at Iowa City, Iowa, this 14th day of February , 19 92 Susan Walsh agjA Deputy City Clerk \webh.crt CIVIC CENTER • 410 E. WASHINGTON ST. PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 ¢¢ FAX (319) 356-5009 • 31 (i4 d /nu.�ce 160-0 Pdd a7 d' -35�.s cvi1 k11 L' «' / aJ 7,4,7 n S. /e - g' -/au-J-6.4.h d //7// 0W d7/9A Li OFFICIAL PUBLICATION ORDINANCE NO. 91-3515 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY @ `/')� /'//� CONDITIONALLY CHANGING THE LAND USE REGULATIONS N Printer's fee v r $' OF APPROXIMATELY 33 ACRES OF LAND LOCATED EAST OF SYCAMORE STREET AND WEST OF GRANT WOOD ELEMENTARY SCHOOL,FROM IO.RS TO RS•S. CERTIFICATE OF PUBLICATION WHEREAS.the Applicant.Frantz Construction, Inc.,has rSTATE OF IOWA, Johnson County, ss: lanuestedd the City rezone Street approximately we33st r of land located east of Sycamore Street and west of Grant THE IOWA CITY PRESS-CITIZEN Wood Elementary School oo S ID5, Devele Family Single-Family gesidenhaf,to RS 5,Low-Density Single Family Residential:and FED. ID# 42-0330670 WHEREAS. the 1989 Update of the Comprehensive Fan was recently amended to designate the subject tract as being In Phase I of the residential development sequence schedule, and WHEREAS, the City Council finds the following public I needs are directly caused by the requested change,and must be satisfied by conditions in addition to existing regulations: Sharon Stubbs, being duly sworn, say A. Sanitary sewer service must be made available to the site. B. Toincorporate the subject tract into the City's street that I am the legal clerk of the IOWA network.Lakeside Drive must be extended through CITYPRESS-CITIZEN, a newspaperthe subject tract at collector street standards:and WHEREAS. the applicant has agreed that the conditions published in said county, and that a contained in the Conditional Zoning Agreement, attached hereto and made.a pan hereof by this reference, are notice, a printed copy of which is reasonable a thhee and satisfy a public; needs which are directly caused yrequested change:and WHEREAS,the applicant has.prior to the adjournment of hereto attached, was published in the public hearing held on this ordinance.agreed in writing to the imposition of said conditions. said paper time(s), on the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF IOWA CITY,IOWA. following date(s): SECTION I. APPROVAL. Subject to the terms and / conditions/ _ conditions of the Conditional Zoning Agreement and by D (CSI authority of Section 414.5, Code Of Iowa 119911. the C �� ' / Wopeny described below is hereby reclassified horn its ( present classification of IO•RS to RS-5. Commencing at the Southeast corner of Section 23. 779N, R6W of the 5th P.M., Thence S89°37.07'W,1138.73feet;Thence NO°02'09'E, 2081.20 feet,Thence N89°57'51'W,180.24 leer to the Point of Beginning, Thence N89°57'S1'W, 401L,t- // 1277.35 feet to a point on the East R.O.W,line of—C f:;- ---'7.-'2;-'41/L. Sycamore Street said R.O.W.being 70 feet wide): T Thence SO°01'03'E,772.63 feet along said East Legal Clerk R.O.W,line:Thence N89°17'46'E,1279.32 feet: • Thence N0°09'25"W,756.12 feet to the Point of Beginning. Said tract containing 22.43 acres more or less. And also including the following described Subscribed and sworn to before me tract /s��1 Commencing at the Northeast corner of the this day of �C�-°�� f Northwest Duane,or Section 23,T79N,R6W of the A.D. • 5th Principe;Meridian:Thence S l 539'10-E.375.40 'F' feet to the centerline station 222•12.6 of U.S. 19Hwy 16, 2 C�+// Thence N88°57'05 E,35.00 reet to the 7Poim feet:f Beginning; Thence SO°01'03'E, 448.74 feet; Thence 589°57'51'E. 872 91 feet: Thence NO°02'09'E,529 33 feet to a point on the South line of Part One Mount Prospect Addition to Iowa ire ,44-" . City,Iowa,Thence 588°59'27"W,130.00 feet to N (L, the Southwest corner of Lot 22 in Pan One Mount o any Public Prospect Addition to Iowa City. Iowa: Thence 575°32'09'W. 252.15 feet. Thence MARGARET RIOS N89°57.51'W, 321.27 feet; Thence 573°19'46"W.52.19 feet;Thence 589.58'57•W, /Q, /_ r' 128 00 feet to the Point of Beginning. Said tract cont;m,ng 981 acres more or less And also including the following described that. Commencing Jr the Southeast Corner of said Section 23.Townsfsp 79 North,Range 6 West o6 the 5th P.M. Thence• 589°37'07'W, 1138.73 feet, Thence N00°02'09'E, 2081.20 feet; Thence N89°57'5 I'W,180.24 feet to the Point of Beginning;Thence N89°57'S1'W,1312.82 feet to the center line of the county road, Thence N00°04'51•W,30 Leel alorg said center line; Thence 589°57'51"E, 1,312.90 feet; Thence S00°03147'W, 30.00 feet sq the place of beginning. 31 aep . 9/-35/ SECTION P. 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 final passage. approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT The Conditional Zoning Agreement is hereby approved and the t Mayor is hereby authorized and directed to execute and the City Clerk to attest same,and to certify the ordnance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts of l ordinances in conflict with the provisions of this Ordinance i are hereby repealed. SECTION V.SEVERABILITY.If any section,provision or part ' of the Ordinance shall be adjusted 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. TMs Ordinance shall be in elfect after its final passage. approval and publication, as reouued by law. Passed and approved this 26th day of November, 1991 MAYOR ATTEST. CITY CL K 15329 December 4,1991 1121 ORD 71- 351b • OFFICIAL PUBLICATION OFFICIAL PUBLICATION' ORDINANCE NO. 91-3515 Thence N88°57'05'6,35.00 feet to the Point of Beginning; Thence SO°O1'03'E, 448.74 feet; Thence S89°57'51•E, 872.91 feet; Thence AN ORDINANCE AMENDING THE ZONING ORDINANCE BY NO°02'09-E,529.33 feet to a point on the8o th CONDITIONALLY CHANGING THE LAND USE REGULATIONS line of Part One Mount Prospect Addition to Iowa OF APPROXIMATELY 33 ACRES OF LAND LOCATED EAST City,Iowa;Thence S88°59'27'W,130.00 felt to OF SYCAMORE STREET AND WEST OF GRANT WOOD the Southwest corner of Lot 22 in Part One Mount ELEMENTARY SCHOOL,FROM ID-RS TO RS-5. Prospect Addition to Iowa City, Iowa; 'thence 575°32'09•W, 252.15 feet; Thence • WHEREAS,the Applicant,Frantz Construction,Inc.,has N89°57'S1'W, 3Z 1.27 feet; Thence 1D p 9.J� / requested that the City rezone approximately 33 acres of S73019'46'W,52.19 feet;Thence S69"58'STW, Printer's fee 7 (0,6— land located east of Sycamore Street and west of Grant 128.00 feet to the Point of Beginning. Said react Wood Elementary School front ID-RS,Interim Development- containing 9.61 acres more or less. Aral also Single-Family Residential,to R$-5,Low-Density Single-Family including the following described that t CERTIFICATE OF PUBLICATION Residential;and WHEREAS,the 1989 Update of+tbe Comprehensive Flan Commencing at the Southeast Corner of was recently amended to designate the subject tract as being said Section 23,Township 79 North,Range STATE OF IOWA, Johnson County, ss: in Phase-I of the residential development sequence schedule, 6 West of the 5th P.M. Thence THE IOWA CITY PRESS-CITIZEN and NO0S89°02'09 E, 3 feet, Thence WHEREAS, the City Council Gros the following public N00°02'09'6, 2081.20 feet; Thence needs are directly caused by the requested change,and must N89057'51'W,180.24 feet to the Point of FED. ID # 42-0330670 be satisfied by conditions in addition to existing regulations: Beginning;Thence N89°57'S1'W,1312.82 A. Sanitary sewer service must be made available to feet to the center line of the county road, the Soe. Thence NOO°04'S1'W,30 feet along said .... B. To incorporate the subject tract into the City's street center line; Thence 589°57'51'E, I network,Lakeside Drive must be extended through 1,312.90 feet; Thence S00°03'47'W, the subject tract at collector street standards;and 30.00 feet to the place of beginning. WHEREAS, the applicant has agreed that the conditions SECTION II. ZONING MAP.The Building Inspector is hereby Sharon Stubbs, being duly sworn, saycontained in the Conditional Zoning Agreement, attached authorized and directed to change the Zoning Map of the City hereto and made a part hereof by this reference, are of Iowa City,Iowa,to conform to this amendment upon final that I am the legal clerk of the IOWA reasonable and satisfy public needs which are directly caused passage, approval and publication of this ordinance as by the requested change;and provided by law. CITY PRESS-CITIZEN, M. CONDITIONAL ZONING AGREEMENT. The the public hearing held on this ordinance,agreed in writing to Conditional Zoning Agreement is hereby approved and the published in said county, and that a the imposition or said conditions. Mayor is hereby authorized and directed to execute and the NOW, THEREFORE, BE IT ORDAINED BY THE CITY City Clerk to attest same,and to certify the ordinance and notice, a printed copyof which is COUNCIL OF THE CITY OF IOWA CITY,IOWA: Conditional Zoning Agreement for recordation in the Johnson SECTION I. APPROVAL. Subject to the terms and County Recorder's Office. hereto attached was published in conditions of the Conditional Zoning Agreement and by SECTION IV. REPEALER. All ordinances and parts of f authority of Section 414.5, Code of lOwd (19911, the ordinances in conflict with the provisions of this Ordinance said paper ( time(s), on the property described below is hereby reclassified from its are hereby repealed. present classification of ID-RS to RS-5. SECTION V.SEVERABILITY.If any section,provision or part following date(s): Commencing at the Southeast corner of Section of the Ordinance shall be adjusted to be invalid or 23, T79N, R6W of the 5th P.M.; Thence unconstitutional, such adjudication shall not affect the r^AI /y S89°37'07'W,1138.73feet;Thence NO°02'09'E, validity of the Ordinance as a whole or any section,provision � . % t / 7 2_ 2081.20 feet;Thence N89°57'61'W,180.24 feet or part thereof not adjudged invalid or unconstitutional. ( lr to the Point of Beginning,Thence N89°5T51•W, SECTION VI, EFFECTIVE DATE. This Ordinance shall be in 1277.35 feet to a point on the East R.O.W.line of effect after its final passage.approval and publication, as Sycamore Street said R.O.W.being 70 feet widel; required by law. Thence SO°01'03'6,772.63 feet along said East Passed and approved this 26th day of �JovembRr, 1991. R.O.W.line;Thence N89°17'46'E,1279.32 feet; ' Thence NO°09'25'W,756.12 feet to the Point of /y/yJ/�/(��� rBeginning. Saids tract containing 22.43 n acres //' V "� ' / • or less. And also including the following described i,, . , tract: AYOR Legal ClerkCommencing at the Northeast corner of the Northwest Ouarter of Section 23,T79N,R8W of the •• 6th Principal Meridian;Thence SI".39'10-E,376.40 • feet to the centerline station 222+12.8 of V.S. _ Subscribed and sworn to before me Hwy 18; Thence SO°O1'03'E, 2316.72 feet: ATT CITY CLE'/ v • this/ day of , A.D. CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT Is made by and between Donna Gunndls,attomey- I99-2 . in-fact for Wilbert Frantz, Hills Bank & Trust Company, Trustee of the Edith Frantz Trust ('Owner"), Frantz Construction, Inc. ("Applicant"), and the CITY OF IOWA CITY, a Municipal Corporation("City'); Notary Public RECITALS eaAL°„, MARGARET RjOy WHEREAS,Owner currently owns the following-described real estate located in Johnson County, -.L. r9� Igwa: Commencing at the Southeast corner of Section 23,T79N,R6W of the 5th P.M.;Thence • S89°37'07"W, 1138.73 feet; Thence N0°02'09"E, 2081.20 feet; Thence N89°57'S11N, 180.24 feet to the Point of Beginning,Thence N89°57'51"W, 1277.35 feet to a point on the East R.O.W. line of Sycamore Street (said R.O.W. being 70 feet wide); Thence SO°01'03"E,772.63 feet along the said East R.O.W.line;Thence N89°17'46"E, 1279.32 feet;Thence NO°09'25'W, 756.12 feet to the Point of Beginning. Said tract containing 22.43 acres more or less. And also including the following described tract: Commencing at the Northeast corner of the Northwest Quarter of Section 23,T79N,R6W of the 5th Principal Meridian;Thence St°39•10"E,375.40 feet to the centerline station 222+12.6 of U.S.Hwy#6;Thence SO°01'03"E,2316.72 feet;Thence N88°57'05"E,35.00 feet to the Point of Beginning; Thence SO°01'03'E, 448.74 feet;Thence S89°57'51'E, 872.91 feet;Thence N0°02'09"E, 529.33 feet to a point on the South line of Part One Mount Prospect Addition to Iowa City, Iowa; Thence S88°59'27"W, 130.00 feet to the Southwest Corner of Lot 22 in Part One Mount Prospect Addition to Iowa City, Iowa; Thence S75°32'09"W, 252.15 feet;.Thence -N89`57'51"W, 321.27 feet; Thence S73°19'46'W, 52.19 feet;Thence S89°58'57"W, 128.00 feet to the Point of Beginning. Said tract containing 9.61 acres more or less. And also including the following described parcel which Owner has contracted to purchase from the Iowa City Community School District: r Commencing at the Southeast Corner of said Section 23, Township 79 North, Oka CilJC/ Range 6 West of the 5th P.M. Thence S89°37'07"W, 1138.73 feet, Thence N00°02'09"E, 2081.20 feet; Thence N89°57'51"W, 180.24 feet to the Point of Beginning;Thence N89°57'511N, 1312.82 feet to the center line of the county road,Thence N00°04'51"W,30 feet along said center line;Thence S89°57'51"E, 1,312.90 feet;Thence S00°03'47"W,30.00 feet to the place of beginning,and WHEREAS,Applicant currently has a request for rezoning before the City, and will at time of subdivision be the legal title owner of said property;and WHEREAS, the above-described property ("subject area") is currently zoned ID-RS, Interim Development-Single-Family Residential; and the applicant now desires that this property be rezoned RS-5,Low Density Single-Family Residential;and WHEREAS,the 1989 Update of the Comprehensive Plan was recently amended to designate the subject'Tact as being In Phase I of the residential development sequence schedule,and WHEREAS,sanitary sewer service Is not presently available to the site,and WHEREAS,to incorporate the subject area Into the City street network,Lakeside Drive must be extended through the subject tract at City collector street standards,and NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties agree as follows: 1. In consideration of the City's rezoning of the subject property from ID-RS to RS-5,Low Density Single-Family Residential,Applicant agrees development and use of the subject property will conform to the requirements of said zone as well as the following additional conditions: A. Development of the subject area shall not occur until and unless municipal sanitary sewer system is extended to serve the subject area provided,however,Owner may secure approval of a Final Subdivision Plat and commence installation of the subdivision improvements and securing building permits when a sanitary sewer construction contract is approved and executed by the City. B. Development may not occur on the subject area until and unless Applicant obtains the rights necessary to extend Lakeside Drive and to construct Lakeside Drive at collector street standards, pursuant to current policy regarding City payment of oversize costs. 2. City,Owner and Applicant acknowledge and agree that these conditions are reasonable and satisfy public needs which are directly caused by this zoning change and are imposed pursuant to Section 414.5,Code of Iowa(1991). 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land; shall, upon execution, be recorded in the Johnson County Recorders Office at Owner and/or Applicant's expense;and shall,without further recitation,continue to be a covenant on each portion of the subject area,until released of record by the City. 4. Nothing in this Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local and state regulations, and Applicant and Owner acknowledge same. 5. Applicant and Owner further acknowledge that in the event the subject area is transferred, sold,redeveloped,subdivided,divided,or split,there shall in no event be redevelopment that occurs which is not in conformance with the terms of this Agreement. Dated this 26th day of November ,1991. CITY OF IOWA CITY, IOWA FRAN19-d4411/1 -C-I''"CaviiP NSTRUCTION,INC. By:/john /John McDonald,Mayor William L.Frantz,President&S_•_ ATTEST: WILBERT FRANTZ By: /y'dIXO, Man K.Karr,City Clerk Donna Gunnells,attorney-In-fact HILLS BANK&TRUST COMPANY,Trustee of the Edith Frantz Trust BO- , R.' / By: AA • • -'..r,.., 15973 January 9,1992 21 ora F) ORDINANCE NO. 91-3516 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF LOT 22 OF BAILEY AND BECK ADDITION FROM RS-8 TO CI-1. WHEREAS, the Applicant, Iowa City Landscaping has requested that the City rezone Lot 22 of Bailey and Beck Addition from RS-8, Medium-Density Single-Family Residential, to CI-1, Intensive Commercial; and WHEREAS, the 1989 Update of the Comprehensive Plan designates the subject lot for General Commercial land uses; and WHEREAS, the City Council finds the following public needs are directly caused by the requested change, and must be satisfied by conditions in addition to existing regulations: A. That arbor vitae, or other suitable vegetative material as approved by the City Forester of at least four feet in height at the time of planting and spaced four feet on center, be placed in a five-foot wide planting bed along both the north and east property lines. The vegetation along the north property line of Lot 22 may be planted within the southern five feet of Lot 23 of Bailey and Beck Addition. B. That no direct vehicular access from Lot 22 be permitted onto Hudson Avenue, and that the existing curb cut on Lot 22 be closed. WHEREAS, the applicant has agreed that the conditions contained in the Conditional Zoning Agreement, attached hereto and made a part hereof by this reference, are reasonable and satisfy public needs which are directly caused by the requested change; and WHEREAS, the applicant has, prior to the adjournment of the public hearing held on this ordinance, agreed in writing to the imposition of said conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement and by authority of Section 414.5, Code of Iowa 11991), the property described as Lot 22 of Bailey and Beck Addition is hereby reclassified from its present classification of RS-8 to CI-1. 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 final passage, approval and publication of this ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Conditional Zor,. 1g Agreement is hereby approved and the Mayor is hereby authorized and directed to execute and the City Clerk to attest same, and to certify the ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 3� Ordinance No. 91-3516 Page 2 SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjusted 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 Ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this 10th day of December, 1991. MAYOR ATTEST: 7K 7i 4,i) CITY CL Appro by • City Attorney's Office /0/9!�/�� ppdadn in\bailey.ord • 3a It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney x Horowitz Kubby Larson McDonald Novick First Consideration 11/12/91 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: None. Second Consideration 11/26/91 Vote for Passage AYES: Ambrisco,Courtney,Horowitz, Larson, McDonald, Novick. NAYS: Kubby. ABSENT: None. Date published 12/18/91 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made by and between Iowa City Landscaping ("Applicant"), and the CITY OF IOWA CITY, a Municipal Corporation ("City"); RECITALS WHEREAS, Applicant is the owner of the real estate described as Lot 22 of Bailey and Beck Addition, located in Johnson County, Iowa: WHEREAS, the above-described property is currently zoned RS-8, Medium Density Single- Family Residential; and the applicant now desires that this property be rezoned CI-1, Intensive Commercial; and WHEREAS, the 1989 Update of the Comprehensive Plan designates the subject lot for General Commercial Land Uses, and • WHEREAS, to help preserve the residential character of the adjoining neighborhood more intense screening is required and additional commercial vehicular access must be prohibited. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. In consideration of the City's rezoning of the subject property from RS-8 to CI-1 , Applicant agrees development and use of the subject property will conform to the requirements of said zone as well as the following additional conditions: A. That arbor vitae, or other suitable vegetative material as approved by the City Forester of at least four feet in height at the time of planting and spaced four feet on center, be placed in a five-foot wide planting bed along the north and east property lines. The vegetation along the north property line of Lot 22 may be planted within the southern five feet of Lot 23 of Bailey and Beck Addition. B. That no direct vehicular access from Lot 22 be permitted onto Hudson Avenue, and that the existing curb cut on Lot 22 be closed. 2. City and Applicant agree that these conditions are reasonable and satisfy public needs which are directly caused by this zoning change and are imposed pursuant to Section 414.5, Code of Iowa (1991). 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land; shall, upon execution, be recorded in the Johnson County Recorder's Office; and shall, without further recitation, continue to be a covenant on each portion of the subject area, until released of record by the City. 4. Nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations, and Applicant acknowledges same. 3g 2 5. Applicant further acknowledges that in the event the subject area is transferred, sold, redeveloped, subdivided, divided, or split, there shall in no event be redevelopment that occurs which is not in conformance with the terms of this Agreement. Dated this /6 day of �eCtn,ber , 1991. CITY OF IOWA CITY, IOWA IOWA "NDSCAPING 1 / / I By: �� / By: I . . tujJJJte ihn McDonald, Mayor •aul Dykstra, Pry ent ATTEST: inda Dykstra, ecretary Marian K. Karr, City Clerk STATE OF IOWA ss: JOHNSON COUNTY ) On this 92 day of OC7 eR , A.D. 1991, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared Paul Dykstra and Linda Dykstra, to me personally known, who being by me duly sworn, did say that they are the President and Secretary of Iowa City Landscaping, and that the instrument was signed on behalf of Iowa City Landscaping by authority of its Board of Directors, and that Paul Dykstra and Linda Dykstra acknowledged the execution of said instrum-nt to be the voluntary act and deed of Iowa City Landscaping, by it and by them vol ec ed. i Notary j%('• .nd for theState of Iowa hA ygE,s,Nab DopiREs 3a 3 STATE OF IOWA ss: JOHNSON COUNTY On this /6-1-4 day of - ecPrrr b0- , 1991, before me, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. 91-3514 passed by the City Council, under Roll Call No. of the City Council on the /Q #4 day of , [ern ey- , 19 91 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Saic�na Notary Public in and for the State of Iowa iSV City Attorney's Office /e 2Y 4/ ppdadminlieland.cze • aa —nom, � r-rsy�-d • .113111 • CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3516 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of December _, 19 91 , all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 9th day of January 19 92 • Dated at Iowa City, Iowa, this 14th day of February , 19 92 • .1detir) tatidk Susan Walsh Deputy City Clerk \walsh.crt CIVIC CENTER • 410 E. WASHINGTON ST S&cld k PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 356-5009 • OFFICIAL PUBLICATION OFFICIAL PUBLICIffION • ORDINANCE NO. 91-3516 conditions of the Conditional Zoning Agreement and by authority of SeClion 414.5, Code of l0wa 119911. the AN ORDINANCE AMENDING THE ZONING ORDINANCE BY s CONDITIONALLY CHANGING THE LAND USE REGULATIONS property describedlassas Lot 22 of cit classificationa and Beck Of RS'B o hereby reclassified from its present of RS-8 to OF LOT 22 OF BAILEY AND BECK ADDITION FROM RS-8 TO C1.1 Cbl' SECTION IL ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City WHEREAS, the Applicant. Iowa Ciry Landscaping has of Iowa City,lows.to conform to this amendment upon final reiuested that try City rezone Lot 22 of Barley and Beck passage, approval and publication of this ordinance as Addition from RS-8, Meditah.Denslry Single-Family provided by law. Residential,to Cl.f,Intensive Commercial:and SECTION III. CONDITIONAL ZONING AGREEMENT. The WHEREAS,the 1P89 Update of tie Comprehensive Plan Conditional Zor.g Agreement is hereby approved and the designates the subject lot for General Commercial land uses: Mayor is hereby authonled and directed to execute and the acid City Clerk to ones,same,and to certify the ordinance ant* WHEREAS, the City Council finds the following public Conditional Zomig Agreement for recordation in the Johnson needs are directly caused by the requested change,and must County Recorder's Office. be satisfied by conditions in addition to existing regulations: SECTION IV, REPEALER. All ordinances and parts of A. That arbor vitae, or other suitable vegetative ordinances in conflict With the provisions of this Ordinance. / material as aporeved by the City Forester of at least are hereby repealed. Printer's fee $ . (/ four feet in ninth,at the time of planting and spaced four feet on center,be placed in a five-foot wide SECTION V SEVERABILITY.If any section,provision or par • planting bed along both the north and east property of the Ordinance shall ba adjusted to be mvald o CERTIFICATE OF PUBLICATION tinea. The vegetation along the north property line unconstitutional, such adjudication shall not eNtKt thi of Lot 22 may be planted within the southern five validity of true Ordnance as a whole or any section.orovisWn feet of Lot 23 of Barley and Beck Addition. on part thereof not adjudged invalid or unconstitutional. STATE OF IOWA, Johnson County, ss: t. That no direct vehicular access from Lot 22 beSECTION VI. EFFECTIVE DATE. This Ordinance shall be a THE IOWA CITY permittedPRESS-CITIZEN onto H`dsOnAvenue, and that the effectafter its final passage,approval and publication,lican, A wish curb cut on Lot 22 be closed. reotared by law WHEREAS, the applicant has agreed that the conditions Passed and approved this 10th day of December, 1991 FED. ID # 42-0330670 Contained in the Conditional Zoning Agreement, attached - hereto andmade part hereof by this reference, and / reasoonableleand satisfy public needs which are directly caused by the requested change:and • WHEREAS,the applicant has,prior to the adjournment of FAVOR Ithe public hearing held on this ordinance,agreed in wrdirg to - the imposition of said conditions. Sharon Stubbs, being duly sworn, sayNOW, THEREFORE. BE IT ORDAINED BY THE CITY y7�hh�� v COUNCIL OF THE CITY OF IOWA CITY,IOWA: ATTEST: lt.-w,..) • ea.4n that I am the legal clerk of the IOWA SECTION I, APPROVAL Subject to the terms and CITY CL RK CITY PRESS-CITIZEN, a newspaper CONDITIONAL ZONING AGREEMENT published in said county, and that a THIS CONDITIONAL ZONING AGREEMENT is made by and between Iowa City Landscaping 1"Applicant'), and the CITY OF IOWA CITY,a Municipal Corporation ('City'); notice, a printed copy of which is hereto attached, was published in RECITALS said paper l time(s), on the following date(s): WHEREAS,Applicant is the owner of the real estate described as Lot 22 of Bailey and Beck �/� t � � � ^ � Addition, located in Johnson County, Iowa: ` I (l/' WHEREAS, the above-described property is currently zoned RS-8, Medium Density Singly Family Residential;and the applicant now desires that this property be rezoned CI-1,Intensivlli / Commercial; and `�� / /� WHEREAS,the 1989 Update of the Comprehensive Plan designates the subject lot for General Commercial Land Uses, and Legal Clerk WHEREAS, to help preserve the residential character of the adjoining neighborhood mOre intense screening is required and additional commercial vehicular access must be prohibited. Subscribed and sworn to before me NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: this /tQ day of ,-�-ie- , A.D. 1. In consideration of the City's rezoning of the subject property from RS-8 to CI-1, 19 9:2- Applicant agrees development and use of the subject property will conform to the /) requirements of said zone as well as the following additional conditions: ( J/J� / /. A. That arbor vitae, or other suitable vegetative material as approved by the City '' !/ Rte...?-Chit.[' �f/y`/t OG Forester of at least four feet in height at the time of planting and spaced tour [1 Notary Public feet on center,be placed in a five-foot wide planting bed along the north and east property lines. The vegetation along the north property line of Lot 22 may be planted within the southern five feet of Lot 23 of Bailey and Beck Addition. [.,,v_14,1 MARGARET RSDS B. That no direct vehicular access from Lot 22 be permitted onto Hudson Avenue, s io - 9 and that the existing curb cut on Lot 22 be closed. 2. City and Applicant agree that these conditions are reasonable and satisfy public needs which are directly caused by this zoning change and are imposed pursuant to Section 414.5, Code of Iowa 119911. 3. Parties acknowledge this Agreement shall be deemed to be a covenant running with the land;shall,upon execution,be recorded in the Johnson County Recorder's Office; and shall,without-further recitation,continue to be a covenant on each portion otthe subject area,until released of record by the City. .t' 3A. C.�K1-- . `-I I- so 4. Nothing in this Agreement shall be construed to relieve the Applicant from complying with all applicable local and state regulations, and Applicant acknowledges same. 5. Applicant further acknowledges that in the event the subject area is transferred,sold, redeveloped,subdivided,divided,or split,there shall in no event be redevelopment that occurs which is not in conformance with the terms of this Agreement. Dated this /0 day of cer i.er , 1991. CITY OF IOWA CITY, IOWA IOWA •• DSCAPING By: �' By: A, / i.e /Lit :hn McDonald, Mayor •aul Dykstra, Preeent ATTEST: • • . 49 inda Dykstra,ecretary/ Marian K. Karr,City Clerk 15974 January 9,1992 • ORO. 9/-354 criclinaicu e az. 12i.d ` d tv,Risk. etc-n(07677a" mr/umnt ara__&)-x-LAL, -7,20"4-4 a k cer) /9A OFFICIAL PUBLICATION ORDINANCE NO.n1-75I,, AN ORDINANCE AMENDING THE ZONING ORDINANCE 8, CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF LOT 22 OF BAILEY AND BECK ADDITION FROM RS-8 TO (:1.1 • Printer's fee e,O S WHEREAS. the Applicant, Iowa City Landscaping has requested that the City rezone Lot 22 of Bailey and Bell{ Addition from ss.e. Medium-Density Single-Femil} CERTIFICATE OF PUBLICATION Residential.m he 1,Intensive89UpdUpdate theCCommercial:and p WHEREAS,the 1989 Update of the Comprehensive Wan STATE OF IOWA, Johnson County, deetgnales sublet lot for General Commercial lana used WHEREAS, the City Council finds the following ppolit THE IOWA CITY PRESS-CITIZEN ds are directly caused by the requested change,and nsuOF satisfied by conditions in addition to existing regulations: FED. ID # 42-0330670 That arbor vitae, or other suitable vegetative. 'material as approved by the City Forester of at least lour feet in height at the time of planting and spaced tour Leet on center, be placed in a five-foot wide planing bed along both the north and east properly Ilines. The vegetation along the north property line of Lot 22 may be planted within the southern live Sharon Stubbs, being duly sworn, say feet of Lot 23 of Bailey and Beck Addition. 8. That no direct vehicular access bons Lot 22 be that I am the legal clerk of the IOWA permitted onto Hodson Avenue. and that the existing curb cut on Lot 22 be closed. CITYPRESS-CITIZEN, me applicant rias agreed that the conditions contained m the Conditional Zoning Agreement, anached published in said county, and that a hereto and made a part hereof by thus reference. aSe reasonable and satisfy public needs which are directly eau,* W the requested change:and notice, a printed copy of which is WHEREAS,the applicant has,prior to the adtoummen��t���QI r he public hearing held on this ordinance,agreed in writlaYdm • hereto attached, was published in the Imposition of said conditions. f said paper time(s), on the NOW. THEREFORE, BE IT ORDAINED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY,IOWA: ECTION I. APPROVAL. Sublect to the terms and following date(s): onditions of the Conditional Zoning Agreement and by !authority of Section ata 5. Code of 'owe (1991). the e/� / property described as Lot 22 at Barley and Beck Addition or,C.. a l p/ hereby reclassified from its present classification of RS-8 tor. ifCTION II. ZONING MAP. The Building Inspector is hereby ierthorrzed and directed to change the Zoning Map of the City bf Iowa City.lowe,to conform to this amendment upon final Agrjw„,,,wp Passage. approval and publication o1 Nis ordinance as provided by law. SECTION lit. CONDITIONAL ZONING AGREEMENT. The Conditional Zor. ig Agreement is hereby approved and the Mayor is hereby authorized and directed to execute and the Legal Clerk City Clerk to attest same,and to certify the ordnance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Office. SECTION IV REPEALER. All ordinances and pans of Subscribed and sworn to before me ordinances in conflict with the provisions of this Ordinance ate hereby repealed. this 3/ day of 2c-C� A.D, sECTIoN SEVERA841Ty. If any section,provision dr out of the Ordinance snap be adfusted to be mvabd or 191/ unconstitutional. such adjudication shall not alrect validity of the Ordinance as a whole or any section.proves or part thereof not adludged invalid or unconstitutional. • SECTION VI, EFFECTIVE DATE. This Ordinance shall be in ' effect alter its final passage.approval and publication, as required by law. i,�' .off Passed and approved this lOth day of December, 1991 • Notary Public / - . OR/ s MARGARET CCS • ATTEST:�lo..v,,..✓ T. % a _ CITY CL RK 15343 Wim'-$i,DtloerMrer IL 10f \r Drd BIL ORDINANCE NO. 91-3517 AN ORDINANCE TO CHANGE THE NAME OF LOON CIRCLE TO GOLDFINCH CIRCLE. WHEREAS, the owner of the Rochester Heights Subdivision has requested that the name of Loon Circle, platted in Rochester Heights Subdivision, be changed to Goldfinch Circle; and WHEREAS, Goldfinch Circle is not a name used on any other street in Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. NAME CHANGE. That the name of the public street, Loon Circle, dedicated to the City of Iowa City with the subdivision of Rochester Heights be changed to Goldfinch Circle. SECTION II. RECORDATION. The City Clerk is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson County, Iowa, upon final passage and publication of this ordinance as provided by law. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any SECTION, provision or part 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 part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage and publication as required by law. Passed and approved this 10th day of December, 1991. ;"YOR • /R ATTEST: /72c,?/).-09-4C-1 /1 • ��l .LV/ CITCLERK Approved by• 41WCitr Attorney's Office PWADMIN\Ioon.ard 33 I It was moved by Courtney and seconded by Ambrisco that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick First Consideration 11/26/91 Vote for passage: AYES: Ambrisco, Courtney, Kubby, Larson McDonald, Novick. NAYS: Horowitz. ABSENT: None. Second Consideration Vote for Passage: Date published 12/18/91 Moved by Courtney, seconded by Ambrisco, 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: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. 3g Y '.1CPa � II T' • faalltente- CITY OF IOWA CITY STATE OF IOWA ) SS JOHNSON COUNTY ) I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 91-3517 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 10th day of December , 19 91 ,all as the same appears of record in my office and published in the Iowa City Press-Citizen on the 18th day of December 19 91 . Dated at Iowa City, Iowa, this 7th day of January , 19 92 . A,64,0,q (Paid Susan Walsh Deputy City Clerk )W118II.c,t • • • CIVIC CENTER • 410 E. WASHINGTON ST. �� PHONE (319) 356-5000 IOWA CITY IOWA 52240-1826 FAX(319) 336-5009 PThr ' URD. W-3512 • Printer's fee $ 9.•• S7( - CERTIFICATE OF PUBLICATION OFFICIAL PUBLICATION STATE OF IOWA, Johnson County, ss: ORDINANCE NO. 91-3511 THE IOWA CITY PRESS-CITIZEN AN ORDINANCE TO-CHANGE THE NAME OF WON CIRCLE FED, ID # 42-0330670 T°G°`°""`"CIRCLE. i WHEREAS, the owner al the Rochester Heights Subdivision has requested that the n of Loon Circler platted in Rochester Heights Subdivision, be changed tp Goldfinch Circe:and I) WHEREAS,Goldfinch Ciel is--nota name used on, - a City. Sharon Stubbs, being duly sworn, say any other.street THEREFORE, NOW,THEREFORE,BE IT TYIOWA, OORDAINED BY THE CITY COUNCIL EC THE CITA OF IOWA CITY at she that I am the legal clerk of the IOWA Set.Loo I.NAMECHatedt the h CitrewmpuNwaCity with wool,Loonf- gchestee comes be angecq CITY PRESS CITIZEN, a newspaper wolh subdivision of =^_„_,Heights changedso published in said county, and that a GoldfinchSErTlaCity Sthoriz d II. RECORDATION. The cop Clerk is besebordinance eto the and Records of certify a copy of was notice, a printed copy of which is uponanu taass Coen"Reap'°"iof onJohnson County.Iowa, upon final lassaep dna publication of this nn]mana as • hereto attached, was published in provided by TIO in conflict REPEALER. All ordinances Or Paris e said paper time(s), on the ordinances frepealed".with the provisions of this Ordinance following date(s): SECTION IV. SFVERABILITY, If any SECTION, Provision pant of this Ordinance shall be djdp d to be unconstitutional, n adjudication shall not aliens . r Ce / 9 7/ thevalidity va of theOrdinance a s any 6^n, provision or ap en¢reof not adjudged invalid or unconstitutional, jomeIGNV EFFECTIV E DAfer TM1fi al asshalld YM in lull home and effect from and after its flrul passage and P bl t required by law. 1 Passed dpppprovedd 11,10 100ttb day of December.,1491 J Legal Clerk TOR y� CI Subscribed and sworn to before me A Es: l'"U CLERK this a/ day of IDA..e� , A.D. '�”' December 18,1991 199/ . 7 . • Notary Public MARGARET RIOS 22