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HomeMy WebLinkAbout1969 Ordinance BookORDINANCES 1969 NO. DATE 2506 Establishing Vacated Ridgewood Dr. - Public Alley Jan. 21 2507 Amend Zoning Ord. - Rezone Blk. 44, O.T. - 400 Blk. Iowa Ave. 2508 Amend Mun Code - Membership - Park & Recreation Commission 2509 Amend. Mun. Code - Establish new street, paving & right-of-way widths Feb. 4 2510 Amend Zoning Ord. - Hollywood Manor Addition - Rezone W 20' Lot 20 Part I 2511 Amend Mun. Code - Parking on the Parking 2512 Amend Zoning Ord. - Industrial Park - Rezoning RIA to M1 Feb. 18 2513 Abolishing Low Rent Housing Agency - Repealing Ord. 2429 Feb. 18 2514 Establishing Failure to Answer Summons a Misdemeanor March 4 2515 Amend Zoning Ord. - Fischer Property R1A to M1 2516 Establishing Grades - 1969 Sidewalk March 18 2517 Amend Zoning Ord. - Burger Constr. Property April 1 2518 Amend Zoning Ord. - Leu Property 2519 Vacating Portion of Essex Street April 15 2520 Amend Zoning Ord. - Rezoning Ziegler property W. of Big Ten Inn May 6 2521 Amend Mun. Code - Minimum Housing Standards - Bathrooms, Permits & Fees 2522 Amend Mun. Code - Establishing Special Use Requirements - Churches etc. May 20 2523 Establishing a Planned Area Development - Part I, Macbride Addn. 2524 Adopting 1967 Uniform Building Code June 3 2525 Amend Mun. Code - Minimum Housing Standards - Basements 2526 Amend Zoning Ord. - South of Westgate Street RIA to RIB Bryn property 2527 Establishing Regulations for Large Scale Nonresidential Dev. 2528 Sidewalk Ordinance 2529 Amend Mun. Code - Adding Planned Commercial Zone June 17 2530 Changing Name of Lakeview Drive to Oaknoll Drive July 1st 2531 Ordinance Vacating alley in Block 85 - University of Iowa August 5th 2532 Ordinanee Vacating alley in Grand Avenue Court Addn. - U of I 2533 Ordinance rezoning Oakwoods Addn. II from R2 & RIB to RIB Zone. 2534 Ordinanee rezoning Darling Bender property in Block 101, 2535 Ordinance on Water Rate Schedule Adjustment. 2536 Ordinance Amending Zoning Ord. - Muscatine Dev. Co. RIA to R3 August 19th 2537 Ordinance Authorizing Parking Revenue Bonds October 21st 2538 Ordinance Rezoning Glasgow property on Bradford Dr. between 2nd & 3rd Avenues from RIB to R2 Zone, approved by P&Z. 2539 Ordinance Prohibiting Parking on Median Strips 2540 Ordinance Rezoning Breer property, West of Emerald & North of West Benton, from RIA to RIB Zone, approved by P&Z. ✓2541 Ordinance annexing the area in voting precincts. October 21st -�2542A Ordinance rezoning existing M1 Zone along either side of Gilbert November 18th and North of RR tracks, not including M1 portion east of Standard Oil Bulk Plant to C2, approved by P&Z. 2543 Ordinance Rezoning M1 area south of existing R3A Zone to the RR tracks and east to Standard Oil Bulk Plant to R3A, approved by P&Z. ✓ 2544 Ordinance Providing for the Issuing, Suspension and Revocation of Permits to Food -Service Establishment Operators. ✓2545 Ordinance Providing for the Issuing, Suspension & Revocation of Permit to Milk Producers, Haulers & Distributors. 542 Ordinance Amending the Provisions of Ord. No. 2537 with Respect to the terms of $300,000.00 Parking Facilities Revenue Bonds November 16th 2546 Ordinance on Grades December 2nd ORDINANCE NO. 2506 AN ORDINANCE ESTABLISHING VACATED RIDGE[OOD DRIVE, FROM COURT STREET TO SEVENTH STREET, AND DEDICATING SAID AREA AS A PUBLIC ALLEY. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IO A CITY, IOWA: Section 1. PURPOSE The purpose of this Ordinance is to dedicate vacated Ridgewood Drive, from Court Street to Seventh Street, as a public alley. Section 2. DEDICATIO14 The vacated Ridgewood Drive, from Court Street to Seventh, is hereby dedicated as a public alley. Section 3. REPEALER .All ordinances and parts of ordinances, which in any way conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE This ordinance shall be in effect after final passage, approval and publication as provided by law. It was moved by Brandt and seconded by Butherus that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X X Brandt Butherus Connell Hickerson Lind Passed and approved this 21st day of January , 1969. za��— Mayor ATTEST: City Clerk ell 91/Z. First Reading 1.2-/7-68 Second Reading i - 7-''/ Third Reading J <i / ti ORDINANCE NO. 2507 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R3B TO C2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R3B to C2 Zone and the boundaries. of the C2 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Lots 1, 2 and the west 1/2 of Lot 3, Block 44, O.T., Iowa City, Iowa. (400 Block, Iowa Ave.) Section 2. The building inspector is hereby authorized and directed to. change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided .by law. Section 3. 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, approval and publication as provided by law. It was moved by Lind and seconded by _ the Ordinance be adopted and upon roll call there were: AYES: NAYS: Brandt B d,s u eru Connell _ /L Hickerson Lind Brandt that ABSENT: Passed and approved this 21st day of Janu ry / 196 9 �� � Mayor ATTEST: City Clerk First Reading 1,?./7-6? Second Reading Third Reading ORDINANCE NO. 2508 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, ADOPTED BY ORDINANCE NO. 2385 BY REPEALING SECTION 3.34.1(B) AND ESTABLISHING THE MEMBERSHIP OF THE PARK AND RECREATION COMMISSION OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend the Municipal Code as to the membership of the Park and Recreation Commission requiring the member of said Commission appointed by the Iowa City School Board to be a member of the Iowa City School Board. SECTION II AMENDMENT. The Municipal Code of Iowa City, Iowa, adopted by Ordinance No. 2385 enacted May 3, 1966, is hereby amended as follows: 1) Section 3.34.1(B) is hereby repealed and the following is enacted in lieu thereof: 3.34.1(B) Membership of the Park and Recreation Commission shall consist of nine members. Seven members shall be appointed by the Mayor with the approval of the City Council. The Iowa City School Board and the Iowa City Council of Parent and Teacher Association shall each designate one of its members, subject to the approval of the City Council, who shall serve as members of the Commission with full privileges of membership. All members of the Commis- sion shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members of the Commission without compensation. SECTION III REPEALER. Section 3.34.1(B) of the Municipal Code and 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 effect upon its final passage, approval and publication as required by law. It was moved by Butherus and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X Attest: � `( City Clerk Brandt Butherus Connell Hickerson Lind MAYOR 1st Reading 1- !l -61 '6 2nd Reading 3rd Reading Passed and approved this 21stday of January , A.D., 1968. n ORDINANCE NO. 2509 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, OF 1966, ADOPTED BY ORDINANCE NO. 2385 BY REPEALING SECTIONS 9.50.3B,2(c) AND 9.50.5A,2(a)(1)(2)(3) AND 9.50.5A,2(b)(1)(2)(3)(4) AND SUBSTITUTING NEW SECTIONS IN LIEU THEREOF; ESTABLISHING NEW STANDARDS FOR STREET AND RIGHT OF WAY WIDTHS IN IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to modify certain requirements of the Subdivision Ordinance of the City of Iowa City, Iowa, and to establish new street, paving and right-of-way widths for the City of Iowa City, Iowa, and to promote the health, welfare and prosperity of the City of Iowa City, Iowa, and to provide for better distribution of traffic which will tend to create conditions favorable to health, safety and general welfare. SECTION II. AMENDMENTS. The Municipal Code of Iowa City, Iowa, is hereby amended as follows: 1) 9.50.3B,2(c) is hereby repealed and the following substituted in lieu thereof, 9.50.3B,2(c) LOCAL STREET. A street which provides for direct access to abutting property and for the movement of local traffic. These may serve residential, commercial, industrial or institutional areas. 2) The following definitions are hereby added to Section 9.50.3B, 10. Cut -de -.Sac. A local street closed at one end with a turn around. . 11. Loop StAeet. A local street which has two intersec- tions with another street; in so doing, has an alignment roughly in the shape of a "U", may have lots, on either side and no other street intersections except at the ends of the "U". 12. Tulin Aaound. A radial, circular or loop drive at the termination end of a cul-de-sac permitting a vehicle to reverse its direction while continuing its forward move- ment. 3) 9.50.5A,2(a)(1)(2)(3) and 9.50.5A,2(b)(1)(2)(3)(4) are hereby repealed and the following are substituted in lieu thereof, 9.50.5 A. STREETS. All street widths shall be measured back to back of curb. 2. width -6. (a) Rights-of-way shall be provided as follows: (1) Arterial Streets -- 80 feet. (2) Collector Streets -- 66 feet. (3) Local Streets -- 50 feet. (b) Pavements shall be provided as follows: (1) Arterial Streets -- 44 feet. (2) Collector Streets -- 36 feet. (3) Local Streets -- 28 feet. (4) Cul-de-sacs -- shall be paved with a 28 feet wide paving the outer edge of which shall be 15 V -2- Ordinance No. 2509 feet inside the circumference of the right-of-way and the inner edge of which shall be 43 feet from the circumference of the right-of-way. Cul-de-sacs shall not exceed 900 feet in length. A cul-de-sac shall be measured from the centerline of the street from which it commences to the center of the turn- around. In the case of a subdivision which includes cul-de-sacs or loop streets less than 900 feet in length the required pavement width for such streets may be reduced from 28 feet to 22 feet if provision is made for storage of at least 6 automobiles on each lot. 4) Section 9.50.5A,4(1) is hereby added as follows, 9.50.5 A. STREETS 4. GenVLaZ Considexa <onb. (1) In the event arterial or collector streets are required the City of Iowa City shall pay for the excess of pavement required over that required for a 28 foot local street. This excess shall be considered a strip in the center of the pavement. The cost of this shall be calculated by the City Engineer's Office. 5) 9.50.6B shall have the following added thereto, 9.50.6 B. LIMITATION. 'In the case of subdivisions which include cul-de-sacs or "loop" streets (less than 900 feet in length), the required pavement width for such streets may be reduced from 28' back-to-back of curb of 221 back-to-back of curb if provision is made for storage of at least five (5) automobiles on each lot in addition to the one required parking space as per Section 8.10.25 of the zoning ordinance. These addi- tional parking spaces may be located in the front yard. A driveway may be used to fulfill the additional parking requirements only if it is double width and served by a double width curb entrance. These parking spaces shall be shown on the building plans for each lot in the subdivision and shall be necessary for the approval of a building permit. Such parking spaces shall be constructed at the time of the house construction. In lieu of the provision of the five (5) parking spaces men- tioned above on each individual lot, a "community" or neighborhood parking lot may be provided to serve a group of residences. The same number of parking spaces shall be provided in such lots as would have been required of the residences so served. Such parking shall be located no more than 200 feet from any residence served and shall be on the same side of the street as the residences served. Where such parking lots are used, adequate provisions for their maintenance and preservation as parking lots must be provided. Where such exception to pavement width is desired, the method of providing the above required off-street storage of automobiles shall be indicated on the preliminary and final subdivision plats and shall be a requirement for final approval. These off-street parking areas - either on each individual parcel or community parking lots - shall be designed so that they are functional and compatible with the overall development of the area. They shall be surfaced in accordance with standards of the City Engineer's Office. Upon approval of the final plat of a subdivision containing 22' residential streets, parking on both sides of such streets shall be prohibited and appropriate signs designating same shall be posted by the City of Iowa City, Iowa. SECTION III. REPEALER. The Municipal Code of Iowa City, Iowa, adopted by -3 - Ordinance No. 2509 Ordinance No. 2385 is hereby amended by repealing.Sections 9.50.3B,2(c), 9.50.5A,2(a)(1)(2)(3) and 9.50.5A,2(b)(1)(2)(3)(4) and 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 effect after its final passage, approval and publication as required by law. It was moved by Brandt and seconded by Lind that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X rd Attest;��W'., -a A -._t1-2 -City Clerk 1st Reading 2nd Reading -(o y 1• U 3rd Reading Amended Brandt Butherus Connell Hickerson Lind /G Jv.-- MAYOR Readings as Amended: lst Reading 2-4-69 T.O. 2nd Reading 2- - T 0. 3rd Reading - 2 - Passed and approved this 4th day of February , A.D., 19 69. 0 ORDINANCE NO. 2510 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R2 TO R3A ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R2 to R3A Zone, and the boundaries of the R3A zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The west 20 feet of Lot 2 in Part I Hollywood Manor Addition to Iowa City Iowa, according to the recorded plat thereof. Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Lind and seconded by Brandt that the Ordinance be adopted and upon roll call there were: Brandt Butherus Connell Hickerson Lind Passed and approved this 4th AYES: NAYS: ABSENT: X T X _x day of February , 196 9 ate. Mayor 9% sr ATTEST: City Clerk First Reading Second Reading 1-0 Third Reading—� ORDINANCE NO. 2511 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, REPEALING SECTION 6.16.13B AND ESTABLISHING STANDARDS FOR THE CREATION OF AREAS FOR PARKING ON THE SIDEWALKS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to limit the parking of motor vehicles upon sidewalks as defined by Section 6.16.13A of the Municipal Code to areas of commercial use. SECTION II AMENDMENT. Section 6.16.13B is hereby repealed and the following is substituted in lieu thereof: 6.16.13B Establishment. The parking of motor vehicles upon sidewalks shall not be allowed within the corporate limits of the City of Iowa City, Iowa, unless the City Council shall deem it in the public interest to establish parking of motor vehicles upon the sidewalks in a designated commercial area and establish said parking by resolution of the City Council. Commercial area shall be defined as an area where the abutting privately owned or publicly owned property is used for commercial or business purposes including but not limited to wholesale and retail establishments of any kind or nature, offices, industrial establishments, hospitals and clinics, establishments which render services of any kind or nature, warehouses, shops, garages, storage areas and other uses commonly deemed a commercial or business use whether operated for profit or not. SECTION III REPEALER. Section 6.16.13B of the Municipal Code and 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 effect after its final passage, approval and publication as required by law. It was moved by Butherus and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus X Connell X Hickerson X_ Lind 9.. MAYOR Attest: �� 0'� 'g� City Clerk 1st Reading: /- 17-L,9 2nd Reading: - i-� � �' 3rd Reading: - -1 Passed and approved this 4th day of February , A.D., 1969. qa ORDINANCE NO. 2512 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A to M1 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA to M1 Zone, and the boundaries of the M1 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing on the east -west half section line of Section 24, Township 79 North, Range 6 West of the 5th P.M., 341.17 feet west of the north -south half section line in said Section 24, thence south 0 degrees 50 minutes 00 seconds east 630.18 feet to the northerly line of U. S. Highway No. 6, thence northwesterly along the northerly line of said U. S Highway No. 6 to its intersection with the said east -west half section line of Section 24, thence east along said half section line to the point of beginning. (Industrial Park) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Brandt and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind Passed and approved this 18th seconded by _ there were: AYES: NAYS: X —R— T Lind that ABSENT: day of February 1969 �� Mayor _ ATTEST: City Clerk First Reading �• Second Reading 40, Third Reading _/ L<16•9 -7—d. ORDINANCE NO. 2513 ORDINANCE REPEALING ORDINANCE NO. 2429 OF THE ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ABOLISHING THE LOW RENT HOUSING AGENCY FOR THE CITY OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to abolish the Low Rent Housing Agency for the City of Iowa City, Iowa, established by Ordi- nance No. 2429, and to terminate the membership and the powers thereof, and to repeal Ordinance No. 2429. SECTION II REPEALER. Ordinance No. 2429 of the Ordinances of the City of Iowa City, Iowa, and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, and the Low Rent Housing Agency of the City of Iowa City, Iowa, is hereby abolished, and all terms of all members of said agency are hereby terminated. SECTION III EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Lind and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Attest: City Clerk 1st Reading 2-18-69 T.O. 2nd Reading 2-18-69 T.O. 3rd Reading 2-18-69 T.O. Brandt Butherus Connell Hickerson Lind MAYO Passed and approved this 18th day of February A.D., 1969. ORDINANCE NO. 2514 AN ORDINANCE ESTABLISHING FAILURE TO ANSWER A SUMMONS TO APPEAR FOR VIOLATION OF THE ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO BE A MISDEMEANOR AND ESTABLISH- ING THE PENALTIES FOR SAID VIOLATION. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to establish the failure to appear in answer to a summons for the violation of an ordinance of the City of Iowa City, Iowa, as a misdemeanor, and to set the penalties for violation thereof. SECTION II SUMMONS. For the purposes of this Ordinance, a summons shall be defined as a notice prepared by police officers, parking meter maids,,parking lot attendants, other peace officers or other persons authorized by ordinance or statute or other law giving a person, firm or corporation notice that said person, firm or corporation has been charged with a violation of an ordinance of the City of Iowa City, Iowa, and requiring said person, firm or corporation to appear before a Court of Iowa City, or the State of Iowa, on or before a specified time or a specified date or both. Summonses shall also include notices specifying appearance by individuals or the posting of a bond as set in the summons at appropriate places in or appropriate Courts of Iowa City, or the State of Iowa. SECTION III MISDEMEANOR. Any person willfully failing to appear as required by a summons provided in this Ordinance or failing to post a bond as specified in a summons, shall be guilty of a misdemeanor. SECTION IV PENALTIES. Any person, firm or corporation adjudged guilty of a violation of the provisions of this Ordinance shall be punished by a fine of from one dollar ($1.00) to one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days. SECTION V REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect upon its final passage, approval and publication as required by law. It was moved by Lind and seconded by Brandt -2 - Ordinance No. 2514 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus X Connell X Hickerson X Lind MAYOR Attest: City Clerk 1st Reading 3-4-69 T.O. 2nd Reading 3-4-69 T.O. 3rd Reading 3-4-69 T.O. Passed and approved this 4th day of March , A.D., 1969. ORDINANCE NO. 2515 AN ORDINANCE AMENDING 'ZONING ORDINANCE 2238 13Y CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA to M1 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R1A to M1 Zone and the boundaries of M1 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing at the East quarter corner of Sec. 21, thence Slo 06' 40" W., 905.70 feet to center line of the C.R.I. & P. railroad, thence S 200 59' 09" E. 799.49 fest to the center of the county road to a point, thence S 58 41' 00" W., 319.81 feet to a point thence S 570 47' 15" W., 323.81 feet to point of beginning (A) thence S 570 47' 15" W., 248.0 to point (B)., thence S 00 23' 26" W. for a distance of 345.0 feet to point (C)., thence N 890 32' 26" E., 390.67 feet to point (D)., thence N 10 33' 34" W for 223.33 feet to point (E)., thence S 890 38' 26" W for 160.75 feet to point (F)., thence N 30 25' 34" W to point of beginning (A) containing 3.01 acres more or less(Near Sanitary Landfill) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Brandt and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind Passed and approved this 4th ATTEST: City Clerk Z. - J_'. ) 0 Lc" seconded by Lind that there were: AYES: NAYS: ABSENT: X X X X X day of March 196 9 Mayor 1st Reading 2nd Reading •-.f _,<. j.�,, 3rd Reading -�-! ORDINANCE NO. 2516 An ordinance establishing the outer edge grade of certain sidewalks in Iowa City, Iowa. Be it ordained by the City Council -of Iowa City, Iowa: Section I. The elevation in feet above the top of the curb is hereby established for the following sidewalks. A. Bayard Street Magowan Avenue to 72' east - north side 0.75 B. Court Street West line Lot 17, Linden Park Addition to 46' east of west line Lot 78, Linden Park Addition - north side 1.50 Shrader Road to easfline Linden Park Addition - north side 0.27 C. DeForest Street A v en u a Sycamore Street to 2' east of east line Lot 7, Part 2, Marion's Subdivision - south side 0.33 D. Dover Street Muscatine Avenue to 66' south- west side 0.12 E. Dubuque Street Park Road to 240' north- west side 0.11 240' north Park Road to ppposite Mayflower Hall - Follow exist. west side Riverbank F. First Avenue From 210' north Mayfield Road to Washington St. - east side 0.60 Washington Street to 350' north - east side 1..50 From 450' north Washington Street to 310' north Princeton Road - east side 0.35 From 130' north Tudor Drive to Rochester Avenue - east side 0.70 G. Governor Street From 632' north Brown Street to 973' north Brown Street - east side 0.13 H. Greenwood Drive Benton Street to N -S quarter line of Section 1G-79-6 - west side 1.00 I. Jefferson Street and Glendale Road West line Lot 38, Raphael Place Addition to Parsons Avenue - north side 0.18 Parsons Avenue to 10' east of Ralston Creek - north side 0.25 J. Jefferson Street and Glendale Road Evans Street to Parsons Avenue - south side 0.18 Parsons Avenue to west line of Lot 41, West Bel Air Second Addition - south side 0.25 K. • Kimball Road Dubuque Street to 1, 265' east of Dubuque Street - south side 0.06 From 1, 268' east of Dubuque Street to 90' west of east line Lot 31, Subdivision of part of SE -4 of Section 3-79-6 - south side 0.00 L. Maeowan Avenue Bayard Street to north line Lot 7, Blk. 12, Manville Addition - east side 0.75 M. River Street From 156.4' east of Rocky Shore Drive to 793.4' ea9t of Rocky Shore Drive - south side. 0.00 N. Riverside Drive From 312' north of Old Benton Street to 481' north of Old Benton Street - east side 0.11 From 572' north of Old Benton Street to 657' north of Old Benton Street - east side 0.22 From 701' north of Old Benton Street to 773' north of Old Benton Street - east side 0.18 From 816' north of Old Benton Street to 995' north of Old Benton Street - east side 0.14 .From 995' north of Old Benton Street to 2, 139' north of Old Benton Street - east side 0.12 O. Rochester Avenue From Regina High School west drive entrance to east side of First Avenue - north side 0.24 P. Shrader Road Court Street to Linden Road - west side 0.27 Q. Sycamore Street From Mall Shopping Center driveway to DeForest Avunue,Stfeeb- east side 0.20 R. Sycamore Street California Avenue to Gleason Drive - west side 0.13 Gleason Drive to Hollywood Blvd. - west side 0.08 S. Wade Street From south line of Lot 9, Blk. 2, Towncrest Addi- tion to Muscatine Avenue - east side 0.40 T. Wade Street From north line Lot 1, Blk. 1, Towncrest Addition to 25' south•of north line Lot 16, said Blk.1 - west side 0.24 From north line Lot 15, Blk. 1, Towncrest Addition to Muscatine Avenue - west side 0.44 Section II. The elevation in feet above or below the edge of the paving is hereby established for the following sidewalks. A. 'Muscatine Avenue From west line Lot 22, Blk. 4, Part 3, Towncrest Addition to Dover Street - south side 0.30 Below From Dover Street to east line Towncrest Addition - south side 0.40 Above Any and all ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed. It was moved by sutherus and seconded by that the ordinance be adopted and upon roll call there were: Connell Ayes Nays Absent Brandt X _ Butherus X Connell R Hickerson X Lind x_ Passed and approved this 18th day of March 1969. Mayor Pro tem ATTEST: �'I�/�, ti-• City lerk•' ORDINANCE NO. 2517 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO M1 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA to M1 Zone and the boundaries of M1 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing at the east quarter corner of Section 21 Township 79 North, Range 6 West of the 5th P.M., thence south 1b 06' 40" west 905.70 feet to the center line of the right of way of the Chicago, Rock Island & Pacific Railroad Company, thence south 200 59' east 799.49 feet to the center line of the County Road, thence south 580 41' west 319.95 feet to a point, thence south 570 47' 15" west 129.81 feet to the point of beginning; thence South 10 36' 34" east 359.0 feet, thence west 162.0 feet, thence northerly to a point on the center line of the County Road, which is south 570 47' 15" west 194.0 feet from the point of beginning, thence north 570 47' 15" east 194.0 feet to the point of beginning, subject to recorded easements. (West of Landfill) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Brandt and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind Passed and approved this ATTEST: City Clerk seconded by Butherus that there were: AYES: NAYS: ABSENT: X X X X X 1st day of April 1969 ZZ Mayor 1st Reading — /-6 ' fit 2nd Reading �/ / -!. Y 0 - 3rd Reading -L�: 7 07 O. ORDINANCE NO. 2518 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIB & R3A TO R3B ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIB & R3A to R3B Zone and the boundaries of the R3B Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing at the intersection of the centerlines of Myrtle Avenue and Olive Street which point is also the northwest corner of Lot 1 of the subdivision of Government'Lot 3 in Section 16 thence South 0 degrees, 21 minutes West, 30.0 feet; thence East 176.0 feet to the Northwest corner of Lot A; thence South 0 degrees, 21 minutes West 265.5 feet to the South line of said Lot 1 as established by the District Court, Johnson County, Iowa, on December 23, 1913; thence North 89 degrees 04 minutes East, 241 feet to the point of beginning, thence North 89 degrees 04 minutes East, 58 feet; thence North 1 degree, 09 minutes East, 100.5 feet; thence West 60.0 feet; thence southerly 101.5 feet to the point of beginning. Also being described as lot "F" in a survey of a part of Lot 1 of the Subdivision of Government lot 3 of section 16, Township 79 North, Range 6 West of the 5th P.M. Said survey being recorded in Book Four, Page 387 Plat Records of Johnson County, Iowa, and Commencing at the intersection of the center line of Myrtle Avenue and Olive Street in Iowa City, Johnson County, Iowa, which point is also the Northwest corner of Lot 1 of the Subdivision of Government Lot 3 in Section 16, Township 79 North, Range 6 West of the 5th P.M. thence South 0 degrees, 21 minutes West 30 feet; thence E 176 feet; thence South 0 degrees 21 minutes West 265.5 feet; thence North 89 degrees, 4 minutes East 131 feet to the place of beginning; thence N 89 degrees, 4 minutes East 110 feet; thence N 0 degrees, 18 minutes West 101.5 feet; thence West 110 feet; thence in a southerly direction 103.4 feet to the point of beginning. Also being described as lot "E" in a survey of a part of lot 1 of the Subdivision of Government lot 3 of Section 16, Township 79 North, Range 6 West of the 5th P.M. Said survey being recorded in Book Four, Page 387, Plat Records of Johnson County, Iowa. Section 2. 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 3. 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, approval and publication as provided by law. It was moved by Lind and seconded by Connell that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Butherus X Connell X Hickerson X Lind X Passed and approved this lst day ofApril 1969. "W ( 1a� Mayor ATTEST: 1st Reading 3-., - - - '': City Clerk 2nd Reading .3-IZ-(.1i 1 J 3rd Reading tel-- 1-1.: 7-o ORDINANCE NO. 2519 AN ORDINANCE VACATING PORTION OF ESSEX STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the street in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: Commencing at the southeast corner of Lot 11, in Block 6 in Part Three Towncrest, an Addition to the City of Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 6, Page 44, Plat Records of Johnson County, Iowa, thence east 60 feet, thence North 0 degrees 39 minutes 00 seconds east 110 feet, thence west 60 feet, thence south along the east line of said lot 11, 110 feet to the place of beginning. (Portion of Essex Street) Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by Brandt and seconded by Connell that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Butherus X Connell X Hickerson X Lind X 9 Passed and approved this 15th day of April 1966. ATTEST- City Clerk V"_ vl Mayor First Reading .3-/f-(-9 Second Reading 4 -/-G 9 Third Reading ORDINANCE NO. 2520 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R3A TO R3B ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R3A to R3B Zone and the boundaries of R3B Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Commencing at a point 159 feet West of the intersection of the West line of Riverside Drive and the South Line of Myrtle Avenue, thence West along the South line of Myrtle Avenue 170 feet, thence South at right angles with Myrtle Avenue, 160 feet, thence East to a point 160 feet South of the point of beginning, thence North 160 feet to the point of beginning, all lying in Government Lot 3, Section 16, Township 79 North, Range 6 West of the 5th P.M. (W. of Big Ten Inn) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Brandt and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind seconded by'_ there were: AYES: NAYS: X X X X X Butherus ABSENT: that Passed and approved this 6th day of Ma 74 00 , 1969 ATTEST: City Clerk Mayor 1st Reading -4 -/-G 4 2nd Reading IS' 6et 7. el 3rd Reading ¢- b - C, ti T. 4. ORDINANCE NO. 2521 AN ORDINANCE AMENDING T11E MUNICIPAL CODE OF IOWA CITY, IOWA, ADOPTED BY ORDINANCE NO. 2385 AND AMENDED BY ORDINANCE 2496, BY REPEALING ORDINANCE NO. 2496 AND SUBSTITUTING NEW SECTIONS IN LIEU THEREOF RELATING TO MINIMUM HOUSING STANDARDS AS TO BATHROOMS, AND PERMITS AND PERMIT FEES; ENACTING IN LIEU THERE- OF NEW REQUIREMENTS FOR BATHROOMS, AND ESTABLISHING BOTH A PERMANENT AND A TEMPORARY ROOMING HOUSE OR MULTIPLE DWELLING PERMIT. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to amend the Minimum Housing Standards for the City of Iowa City, Iowa, by requiring a new standard for bathrooms for dwelling units, and to provide two types of permits for a rooming house or multiple dwelling; a Temporary Permit and a regular Permit, and establishing the fees for said permits to provide for the health and welfare of the citizens of Iowa City, Iowa. SECTION II. AMENDMENT, The Municipal Code of Iowa City, Iowa, adopted by Ordinance No. 2385, enacted May 3, 1966, and amended by Ordinance No. 2496, is hereby amended as follows: 1) Section 9.30.1 of the Municipal Code, as amended by Ordinance No. 2496 is hereby repealed and the following is placed in lieu thereof: _. NN. PERMIT shall mean a Certificate certifying that the unit for which it is issued is in compliance with the applicable provisions of this Chapter which Certificate shall expire at the end of one (1) year following its date of issuance, unless sooner suspended or revoked as hereinafter provided and shall be renewed annually. TT. TEMPORARY PERMIT shall mean a Certificate certifying that the unit for which it is issued is not in compliance with the applicable provisions of this Chapter and which certifies that the unit for which it is issued may be occupied for a time specified in said Certificate, pending the completion of the T.Lecessary improvements needed to bring it into compliance. Said time period being determined by a reasonable time necessary for the completion of said improvements, not to exceed six (6) months, and said Temporary Permit shall be in effect for said time period, unless sooner suspended or revoked as provided in this Chapter, and shall not be renewable with the exception that one renewal may be granted if the original permit and the renewal do not exceed six months. 2) Section 9.30.4(B) as amended by Ordinance No. 2496 is hereby repealed and the following is placed in lieu thereof: 9.30.4(B) Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Housing Inspector. 3) Section 9.30.4(C) as amended by Ordinance No. 2496 is hereby repealed and the following is placed in lieu thereof: 9.30.4(C) Every dwelling unit shall contain, within a room which affords privacy to a person within said room, r -2- Ordinance No. 2521 a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Housing Inspector. 4) Section 9.30.4(D) is hereby repealed and no Section is placed in lieu thereof. 5) Section 9.30.4(E) is hereby repealed and the following is placed in lieu thereof: 9.30.4(E) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of subsections 4A, 4B, and 4C of Section 9.30.4 of this Chapter shall be properly connected with both hot and cold water lines. All dwelling units. 6) Section 9.30.9(A) is hereby repealed and the following is placed in lieu thereof: 9.30.9(A) No person shall operate a rooming house or multiple dwelling or shall let to another for occupancy any unit in any rooming house or multiple dwelling unless he holds a valid Rooming House Permit or Multiple Dwell- ing Permit or a Temporary Permit for said rooming house or multiple dwelling, issued by the Housing Inspector in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Housing Inspector for such permit, which shall be issued by the Housing Inspector upon compliance by the operator with the applicable provisions of this Chapter, or, if a Temporary Permit, upon agreement by the operator that all necessary improvements needed to bring the unit into compliance with the provisions of this Chapter shall be done within the time period specified in said Temporary Permit. The permit or Temporary Permit shall be displayed in a conspicuous place within the rooming house or multiple dwelling at all times. Each Temporary Permit shall have clearly stamped thereon the words, '"temporary Permit" and the duration of said permit. 7) Section 9.30.9(C) is hereby repealed and the following is substituted in 'lieu thereof: 9.30.9(C) Before the Housing Inspector shall issue any Permit or Temporary Permit under the provisions of this Section, there shall be paid by the owner or operator of the rooming house or multiple dwelling or dwellings, a fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The fee for a Temporary Permit shall be the same as for a Permit and a separate fee shall be due for each and every renewal of a Temporary Permit and a separate fee shall be required for a regular Permit issued after a Temporary Permit has expired or the unit has come into compliance. SECTION III REPEALER. Ordinance No. 2496 of the Ordinances of the City of Iowa City, Iowa, and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged by any Court to be invalid or -3 - Ordinance No. 2521 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 after its final passage, approval and publication as required by law. It was moved by Brandt and seconded by Butherus that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus X Connell X Hickerson X Lind MAY R Attest: W� City Clerk S- 1st Reading .� - y 2nd Reading 3' y�-! q T:O . 3rd Reading zi- - O - Passed and approved this 6th day of May , A.D. 1969. ORDINANCE NO. 2522 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY REPEALING A PORTION OF SECTION 8.10.19 B RELATING TO SPECIAL USE REQUIREMENTS, AND ESTABLISHING A NEW SPECIAL USE REQUIREMENT IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to establish a new special use requirement for churches existing prior to August 7, 1962. SECTION II. AMENDMENT. Section 8.10.19 B Hospitals, Educational and Religious Institutions, Subsection 3 is hereby repealed and the following is substituted in lieu thereof: 3. Any hospital -,.educational or religious institution existing on August 7, 1962 shall be exempted from these conditions and from any other height, yard and off-street parking requirements otherwise applicable in the districts in which such existing use is located. SECTION III. REPEALER. Section 8.10.19 B Hospital, Educational and Religious Institutions, Subsection 3 and all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Brandt and seconded by Connell that' the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus X Connell X Hickerson X Lind Passed and approved this 20th day of May 1969. Mayor City Clerk 1st Reading T.c 2nd Reading ; --A ct� �! ?- v 3rd Reading .S`. =, —7606 ORDINANCE NO. Soo AN ORDINANCE ESTABLISHING A PLANNED AREA DEVELOPMENT IN IOWA CITY, IOWA BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA ; SECTION I PURPOSE. The purpose of this Ordinance is to approve a planned area development in the City of Iowa City, Iowa, pursuant to Ordinance No. 2446 SECTION II APPROVAL. The following described property, to -wit: oNZ, Part A, Macbride Addition, an Addition to Iowa City, Iowa, is hereby approved as a planned area development in the City of Iowa City, Iowa, to be developed as set forth in the plans for said area filed in the Office of the City Clerk of Iowa City, Iowa, on the I th day of . Mme_, 1961.• SECTION III BUILDING PERMITS. The Building Inspector is hereby authorized and directed to issue all building and, construction permits for said area on the basis of conformance with said plan. SECTION IV FILING. The City Clerk is hereby authorized and directed to file with the Office of the County Recorder, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by lam. Ordinance No. 9599 Page 2 It was moved by R,andf and seconded by yes that the Ordinance as read be adopted, and upon roll call there were: AYES: X X g X ATTEST: 'City Clerk NAYES: lat Reading S.0;,rq rp 2nd Reading 5-6-69 T_n- 3rd Reading 5-20-69 T. 0. 1969. ABSENT: Brandt Butherus Connell Hickerson Lind MAYOR Passed and approved this ,nfh day of U�y , A.D., STATE OF IOWA, COUNTY OF JOHNSON: as, I, Glen V. Eckerd, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of an Ordinance passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of , 1969, all as the same appears of record in my office. Dated at Iowa City, Iowa, this n1 day of 1969. G1�V. Eckard, . ity.,Clerk ORDINANCE NO. 2524 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY, IOWA, OF 1966 BY ADOPTING THE 1967 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WEL- FARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; TO REPEAL CHAPTER 9.02 AND CHAPTER 9.06 OF THE 1966 MUNICIPAL CODE AND ORDINANCE NO. 2412 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; TO PROVIDE FOR THE ENFORCEMENT HEREOF AND PENALTIES FOR THE VIOLATION HEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to adopt the 1967 Edition of the Uniform Building Code edited by the International Conference of Building Officials; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa; to repeal Chapter 9.02 and Chapter 9.06 of the 1966 Municipal Code and Ordinance No. 2412 and all other ordinances or parts of ordinances in conflict with the provisions of this Ordinance; to provide for the enforcement therefor and penalties for the violation thereof. SECTION II ADOPTION. That except as hereinafter limited or amended there is hereby adopted, as the complete Building Code of the City of Iowa City, Iowa, that certain building code known as the 1967 Edition of the Uniform Building Code, Volume 1 and the Standards, as prepared and edited by the International Conference of Building Officials, and the provisions of said Building Code shall be controlling in the construction of buildings and other structures and in all matters covered by said Building Code within the corporate limits of the City of Iowa City, Iowa. SECTION rII AMENDMENTS. The 1967 Edition of the Uniform Building Code, edited by the International Conference of Building Officials, Volume 1 and the Standards, as.prepared and edited by the International Conference of Building Officials, is hereby amended and changed in the following respects: 1) Table number 3-A of Section 303.(a) of the 1967 Edition of the Uniform Building Code, Volume 1 and the Standards, is hereby excluded and not adopted as a portion of said Uniform Building Code of the City of Iowa City, Iowa. Fees for all Building Permits issued pursuant to the provisions of this Ordinance and the Building Code adopted hereby shall be established by Resolution of the City Council of Iowa City, Iowa. -2 - Ordinance No. 2524 2) Section 303.(b) is hereby amended by striking and repealing and deleting said section and substituting in lieu thereof, the following: Section 303.(b) Plan -checking Fees: When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted by Subsection C of Section 301, a plan -checking fee may be required. Said plan -checking fee shall cover the actual expense to the City of Iowa City of having said plans checked. 3) Sections 1305.(a) and 1405.(a) are hereby amended by adding the following paragraph thereto: Windows may not be required in core or interior kitchen and dining areas with a mechanical ventilation system capable of producing a change of air every five (5) minutes and connected directly to the outside, when approved by the Building Official. 4) Section 1314 is hereby amended by adding the following thereto: Group H occupancy shall in no event be built less than the standards for fire Zone 2. SECTION IV APPLICABILITY. Nothing in this Ordinance or in the Uniform Building Code hereby adopted shall be construed to affect any suit or proceeding now pending in any Court for any rights acquired or liability incurred nor any cause or causes of action accrued or existing under any act or ordinance repealed by this Ordinance, nor shall any right or remedy of any character be lost, impaired or affected by this Ordinance or by the Uniform Building Code hereby adopted. SECTION V VIOLATIONS. A. NOTICES 1. Whenever a building or structure or any work in connection therewith, the erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this Ordinance or in the Uniform Building Code adopted hereby, is being erected, constructed, altered or repaired in violation of the provisions or requirements of this Ordinance or said Code or in violation of a detailed statement or of a plan submitted and approved hereunder or of a permit or certificate issued hereunder, the Building Official may serve a written notice or order upon the person, firm or corporation owning, operating, constructing or alter- ing said building or structure, directing discontinuance of such violation and the remedying of the erection, construction, alteration or repair that -3 - Ordinance No. 2524 is in violation of the provisions or requirements of this Ordinance or the Uniform Building Code adopted hereby or the statement, plan, permit or certificate approved or issued thereunder. 2. In the event such notice or order is not promptly complied with, the Building Official may institute appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of work thereon, or to restrain or correct the erection or alter- ation of, or to require the removal of, or to prevent the occupation or use of the building or structure erected, constructed or altered in violation of or not in compliance with the provisions of this Ordinance or the Uniform Building Code adopted hereby, or with respect to which the require- ments thereof or of any order or direction made pursuant to provisions contained therein shall not have been complied with. B. STOPPING WORK. Whenever, in the opinion of the Building Official, by reason of defective or illegal work in violation of a provi- sion of requirement of this Ordinance or the Uniform Building Code adopted hereby, the continuance of a building operation is contrary to public welfare, he may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition in violation has been remedied. C. PENALTIES. 1. A person who shall violate a provision of this Ordinance or of the Uniform Building Code adopted hereby or fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair or who has erected, constructed, altered or repaired a building or struc- ture in violation of a detailed statement or plan submitted and approved hereunder, or of a permit or certificate issued hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of from one ($1.00) to one hundred ($100.00) dollars, or by imprisonment for from one (1) to thirty (30) days. 2. The owner of a building, structure or premises where anything in violation of this Ordinance or the Uniform Building Code adopted hereby, shall be placed or shall exist, who knowingly permits ./ a -4- Ordinance No. 2524 same to remain, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of or committed such violation or directed others to commit such violation, shall each be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided. D. ABATEMENT. The imposition of penalties herein prescribed shall not preclude the City from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises. SECTION VI RECITATION CLAUSE. 1) Pursuant to notice, published as provided by law, a public hearing was held on the 1967 Edition of the Uniform Building Code, Volume 1, and Standards, as prepared and edited by the International Conference of Building Officials, on the 6th day of May, A.D., 1969, and the Council adopted the Code by Resolution at that meeting. 2) That the official copy of the Code as adopted and a copy of the adopting Ordinance, certified by the City Clerk as to the Ordinance's adoption and effective date are now on file in the Office of the Clerk. 3) That copies of the Uniform Building Code and the adopting Ordinance setting forth the additions, limitations and modifications thereto are available for inspection and sale at the Office of the City Clerk. 4) That copies of the Uniform Building Code and the adopting Ordinance setting forth the additions, limitations and modifications thereto will be furnished to the State Law Library, the Municipal Library, all newspapers of general circulation, published in Iowa City, Iowa, and all commercial radio stations located in Iowa City, Iowa. SECTION VII REPEALER. Chapters 9.02 and 9.06 of the 1966 Muni- cipal Code and Ordinance No. 2412 of the Ordinances of the City of Iowa City, Iowa, and all ordinances or parts of ordinances in conflict -s - Ordinance No. 2524 with the provisions of this Ordinance are hereby repealed. SECTION VIII SAVINGS CLAUSE. In the event any section, provision or part of the Uniform Building Code or this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or the Ordi- nance adopting same as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IX MINIMUM REQUIREMENTS. The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, welfare and safety of the City of Iowa City, Iowa. Nothing herein contained shall be deemed to invalidate any existing ordinances or regulations of the City of Iowa City or any statutes of the State of Iowa imposing requirements higher than the minimum requirements laid down in this Code and whenever any requirements of any other ordinance, statute or regulation are higher than the requirements of this Code, those requirements which are higher shall be applicable. SECTION X EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, publication as required by law. 1st Reading ao �n TO. 2nd Reading y - - (a q -r o 3rd Reading 6 3 q 1-.0 It was moved by Lind and seconded by Butherus that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Attest: ity Clerk 1969. Brandt Butherus Connell Hickerson Lind MA OR Passed and approved this 3rd day of June , A.D., ORDINANCE NO. 2525 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, OF 1966, ADOPTED BY ORDINANCE NO. 2385, ENACTED MAY 3, 1966, BY REPEALING SECTION 9.30.10(B) AND AMENDING SECTION 9.30.7(F) RELATING TO MINIMUM HOUSING STANDARDS AS TO BASEMENTS AND THE CONDEMNATION OF DWELLINGS AS UNFIT FOR HUMAN HABITATION, AND ENACTING NEW REQUIREMENTS THEREFOR. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend the Minimum Housing Standards for the City of Iowa City, Iowa, by requiring new standards for the occupation of basements as dwelling units and to provide for the immediate vacation of dwelling units condemned as unfit for human habita- tion and to provide for the health and welfare of the citizens of Iowa City, Iowa. SECTION II AMENDMENT. The Municipal Code of Iowa City, Iowa, adopted by Ordinance No. 2385, enacted May 3, 1966, is hereby amended as follows: 1) Section 9.30.7(F) is hereby amended by adding the following subsections thereto: 9.30.7(F)(5) No basement shall be occupied as a dwelling unit unless all the following conditions are complied withCLz fia Dach roo" Occupad f.v /jol" pu.'(P4S-'!:0 (a) Such room shall be at least seven (7) feet high in every part from the floor to the ceiling. (b) The ceiling of such room shall be in every part, at least three (3) feet six (6) inches above the surface of the street or ground outside of or adjoining the same. (c) There shall be appurtenant to -such room the use of a water closet. (d) At least one (1) of the rooms of the apartment of which such room is an integral part shall have a window or windows opening directly to the street or yard with an aggregate of at least twelve (12) square feet in size clear of the sash frame and which shall open readily for the purposes of ventilation. (e) The lowest floor shall be water- proof and damp-proof. (f) Such room shall have sufficient light and ventilation, shall be well - drained and dry and shall be fit for human habitation. 2) Section 9.30.10(B) is hereby repealed and the following is placed in lieu thereof: 9.30.10(B) Any dwelling or dwelling unit or any -2 - Ordinance No. 2525 portion thereof, condemned as unfit for human habitation and so designated and placarded by the Housing Inspector, shall be vacated immediately as ordered by the Housing Inspector. SECTION III REPEALER Section 9.30.10(B) of the Municipal Code of Iowa City, Iowa, and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged by any Court 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 after its final passage, approval and publication as required by law. It was moved by Butherus and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES:: NAYS: ABSENT: y ✓/ y Attest: i ity Clerk 1st Reading 3'- // -(o rr 770, 2nd Reading 3- "/'61 % T. D 3rd Reading (o - ;3 - 6 9 T O Passed and approved this 1969. Brandt Butherus Connell Hickerson Lind /�' C L(° MAYOR 3rd day of June , A.D., bj ORDINANCE NO. 2526 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO RIB ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA to RIB Zone, and the boundaries of RIB Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The northwest quarter of the southeast quarter of Section 17, Township 79 North Range 6 West of the 5th P.M. except the north 90 feet of the east 130 feet. (South of Westgate St.) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Brandt and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind seconded by _ there were: AYES: NAYS: Lind ABSENT: that Passed and approved this 3rd day of June 1969 Magor ATTEST: J /n : �a tell' City Clerk Pq-//. - 0p -^r , .d_ C/_�, ej'2'. First Reading -5" G0-9 Second Reading 5 d i a. Third Reading 3 I ORDINANCE NO. 2527 AN ORDINANCE ESTABLISHING REGULATIONS IN IOWA CITY FOR LARGE SCALE NONRESIDENTIAL DEVELOPMENTS AND STANDARDS THEREFORE, ESTABLISHING PROCEDURES FOR THE APPROVAL OF SAID LARGE SCALE DEVELOPMENTS TO SECURE PROPER DISTRIBU- TION AND ARRANGEMENT OF NONRESIDENTIAL USES IN IOWA CITY TO PROMOTE THE HEALTH, SAFETY, AND GENERAL WELFARE PRO- VIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND PENALTIES FOR THE VIOLATION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA.. SECTION I. PURPOSE. The purpose of this ordinance is to establish regulations for large scale nonresidential developments and to establish standards therefore, and to provide procedures for the approval of said large scale nonresidential developments to secure the proper distribution and arrangement of nonresidential uses in Iowa City to promote the health, safety and general welfare and to provide for the enforcement of this ordin- ance and penalties for the violation thereof. SECTION II. DEFINITION.Lar a scale nonresidential evelopment. Office, commercial or in ustrial bui-1-cling or buildings built upon a separate tract greater than two (2) acres in area. SECTION III. PROCEDURE. A. Preliminary Plan. Whenever the owner or owners of a tract oftract of lashes to secure a building permit for an office, commercial or industrial building on a tract of land or of a size as defined above, he shall submit to the City of Iowa City six (6) copies of a preliminary plan and application for preliminary approval in accordance with the requirements of this ordinance. The preliminary plan shall be composed of two parts. (1) existing site plan and, (2) develop- ment site plan. 1. Existing Site Plan. A plan of the existing conditions of the area proposed for development shall include: a) Location map. b) Contours at five (5) feet intervals or less. c) Approximate location of all existing streets and public utilities. d) Approximate location of all existing buildings within the development area. e) Existing zoning classification of the develop- ment area and surrounding property. 2. Development Site Plan. The preliminary plan of the proposed development shall include: a) General land use arrangement showing proposed location of buildings, approximate size of buildings, general use of the buildings (major department store, automobile service station, specialty retail, manufacturing, wholesaling, etc.), proposed location of any public or semi-public areas (malls, arcades, park -ways, parks, etc.). b) Traffic circulation pattern showing the transportation system proposed for the develop- ment area including automobile, railroad, bus and pedestrian elements. Traffic cir- culation patterns shall also indicate all of the proposed access points to the develop- ment area. c) Parking facilities showing the areas to be used for public and private parking and the approximate capacity of these. d) The proposed methods of buffering the develop- ment area to adjacent land uses shall be shown (walls, fences, planting strips, open spaces, etc.). e) The preliminary development plan shall also show information of general interest including legal description of the tract, development name, north point, scale, date, approximate acreage and name of owner. The preliminary plan shall be drawn to a scale of not less than one (1) inch to one hundred (100) feet. B. Fee. A fee in the amount of $25 shall be paid at the time the preliminary plan is submitted to the City. C. Preliminar A royal. Upon filing of the preliminary plan City Clerc shall submit the plan to the City Manager. The City Manager shall cause the same to be examined in order to assure compliance with the re- quirements of this chapter. The Planning and Zoning Commission shall also study the preliminary plan and 0 0 review the reports -of the City Manager and shall approve or reject the same within forty-five (45) days after the submission thereof to the Clerk, by filing their recommendation with the Clerk. If the Commission does not act within forty-five (45) days the plan shall be deemed to be approved, provided. however, that the applicant may agree to an extension of time. The City Council shall after receiving the recommendation of the Planning and Zoning Commission or after the time of any extension thereof is passed for the Commission to file their recommendation make tentative approval or rejection of such preliminary plan. The approval of the preliminary plan by the Council does not constitute the approval of the development but is merely an authorization to proceed with the preparation of the final plan. In the event the plan is approved and the final plan submitted does not deviate from the preliminary plan and review by the City reveals that all plans and specifications for the construction of improvements as required by the City have been met, the final plan must be approved unless both the City and the owner waive this requirement in writing. Approval of the preliminary plan shall be effective for a period of twelve (12) months unless upon written request of the applicant the Council grants an extension of time and if the final plan is not filed with the Clerk within the period of time specified above, all previous action of the Council with respect to the map and plans shall be deemed to be null and void. D. Final Plan. Six (6) copies of the final plan shall be submitted and shall meet all the requirements of the preliminary plan and shall be accompanied by: 1. A signed statement of intent from the developer including: a) evidence of ownership of the property or options to purchase or concurrance in the application by the owner b) a description of the proposed development c) an intended time schedule for the completion of the development 2. All proposed dedications of land for public uses (streets, alleys, malls, arcades, parks, etc.) 3. A petition signed by the owner and his spouse petitioning the City Council to pave any streets abutting said tract which petition waives notice of time and place of hearing and waives statutory protections and limitations as to cost and assessment. t 4. A certificate bearing the approval of the City Manager stating that all improvements and installa- tions shown on the plan and required by the City have been or will be made. The City Manager shall cause the final plan to be examined in order to insure compliance with requirements of this chapter. The Planning and Zoning Commission shall study the final plan and also review the reports of the City Manager and shall approve or reject the final plan within forty-five (45) days after submission thereof to the Council by filing their recommendation with the Clerk the same to be by resolution. If the Commission does not act within forty-five (45) days the final plat shall be deemed to be approved by the Commission provided, however, that the developer may agree to an extension of time. The Council shall after receipt of the recommendation of the Planning and Zoning Commission or after the time of any extension thereof is passed for the Commission to file their recommendation approve or reject such final plan, the same to be by resolution. After final approval of the plan, said plan shall be valid and effective for a period of twenty-four (24) months without further action on the part of the owner, the Planning and Zoning Commission or the City Council. In case development is delayed beyond this twenty-four (24) month period approval of the final plan will expire, however, an extension of time may be granted in twelve (12) month increments by the City Council after receiving a recommendation from the Planning and Zoning Commission on the matter.' For an extension to be considered the owner must submit a written statement to the City fully explaining the reasons for delaying and an estimate as to when development will commence and be complete. SECTION IV. GENERAL REQUIREMENTS. 1. Streets and other public ways. a) Development shall make provisions for the continuation and extension of streets as required by the City and shall conform to the major thoroughfare plan. b) Streets carrying or which have the potential of carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing and potential residential areas, or connected to streets intended for predominantly residential traffic. c) Proposed points of access onto public streets and ways shall be shown. d) Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction when necessary to accommodate unusual traffic conditions created by the proposed development. In the event the City requires extra width streets for the continuation of arterial or collector streets (and not to solely accommodate the traffic generated by the proposed development), the City of Iowa City shall pay for the excess of pavement required over that required for a twenty-eight (28) foot local residential street. This excess shall be considered a strip in the center of the pavement. The cost of this shall be calculated by the City Engineering Office. 2. Sewers. The developer shall provide the development with a sanitary sewer system which shall connect with the sanitary outlet approved by the City Manager. The sewer shall extend to the development boundaries as necessary to provide for the extension of sewers by adjacent property. In the event the City requires a sewer system which is greater than is needed to service the development itself, the City of Iowa City shall pay on a pro -rata basis for the excess cost over that which is necessary to service the development itself. Other develop- ments or subdivisions which connect with said systems shall be on a pro -rata basis reimbursed the City for the cost of the additional systems which shall service that area. e00'3. Storm Drains. The developer shall provide the development with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection and removal of all surface waters. These improvements shall extend to the boundaries of the developments as necessary to provide for extension by adjoining properties. In the event that the City requires a storm drain system which is greater than needed to service the. development itself, the City shall pay on a pro - rata basis for the excess cost over that which is necessary to service the developmqnX itself. Other developments of subdivisionsich connect with the said system shall on folrata basis reimburse the City for the cost of the initial system which shall service that area. 4. Water. The developer shall provide the development with a complete water main supply system, including hydrants, valves and all other appurtanences which shall be extended to the boundaries of the development as necessary to provide for extension by adjoining properties and which shall be connected to the municipal water system. 5. Sidewalks. A four foot wide concrete sidewalk shall be pro- vided and shall be located pursuant to Chapter 960 of the Municipal Code of the City of Iowa City, Iowa. Specifications. The type of construction and materials, the methods, the standards, development or improvement shall be equal to the current specifications of the City for like work. Plans and specifications shall be submitted to the City Manager for approval prior to construction and the construction shall not be started until the plans and specifications have been approved. 7. Inspection. The City Manager shall cause the installation of all improvements to be inspected to insure compliance with the requirements of this chapter. The cost of said inspection shall be born by the developer and shall be the actual cost of the inspection to the City. SECTION V. EXCEPTIONS. 1. Modification Requirements. If in the case of a particular proposed development it can be shown that strict compliance with the requirements in this chapter would result in extra ordinary hardship to the developer because of unusual topography, excessive costs or such non - self -inflicting conditions or that these conditions would result in prohibiting the achievements of the objectives of these regulations, the Planning and Zoning Commission may vary, modify, or waive general requirements so that substantial justice may be done and the public interest secured, pro- vided, however, that such variance, modification or waiver will not have an affect of nullifying the intent and purpose of this chapter. The Commission may waive the requirement of the filing or a preliminary plan to allow the submission by the owner of the final.plan for the approval of the Commission and City Council, provided that said final plan shall contain all the requirements of both a preliminary and final plan. Limitation. In no case shall any variation and modification be more than a minimum easing of the general requirements and in no instance shall it be in conflict with any zoning ordinance or map. Such variations and waivers may be granted by an affirmative vote of the members of the Commission. In granting variations and modifications the Commission may require such conditions as will in the judgement secure substantially the objectives of the requirements so varied and modified. 3. Unusual Plans. This chapter shall not preclude the approval of development designs of an unusual type, if, in the opinion of the Planning and Zoning Commission, the general and aesthetic merit, the preservation of natural and topographic features and the pros- pective enhancement of the community would warrant the waiving of technical requirements as set forth in this chapter. 4. Council Action. In all cases of variance, modification or a waiver of the general requirements it will be necessary to have the City Council approve the same and note this fact in the resolution approving the develop- ment plan. The Council may also modify, vary or waive the general requirements on its motion for good reasons shown, even if the Planning Commission refused to do so. SECTION VI. BUILDING PERMITS. A. No building permits.will be issued for a large scale nonresidential development until final approval of the final plan and attendant documents. If approval of the final plan expires, building permits will not be issued until the plan is once again approved. B. Required buffering, parking and transportation facilities - as determined by the Planning and Zoning Commission necessary to support the phase of the development for which the building permit is desired - shall be included in the building permit. (If the developer knows the stages of project at the time of ] n approval, the supporting elements may be determined by Planning and Zoning for each stage at that time.) C. Building permits may be issued for buildings which deviate up to 250 of the gross floor area shown on the final development plan and for buildings which deviate in location up to the following dimensions as related to the total area of the development area: Total Area Permitted of Lateral Development Deviation Tract Up to 10 Acres 25' 10 to 25 Acres 50' Over 25 Acres 75' If deviations in building size and siting beyond these limits is desired or if such deviations change the basic building pattern of the development as finally approved by the City, approval of a modified site plan.is required. SECTION VII. MISDEMEANOR. Any person, firm or corporation who violates the provisions of this ordinance or erects or constructs or alters any building or structure on real estate contrary to a plan approved for said real estate pursuant to this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of from $1.00 to $100.00 or by imprisonment for not more than 30 days. SECTION VIII. REPEALER. All ordinances or parts of ordinances in con lict with the provisions of this ordinance are hereby repealed. SECTION IX. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval, and publication as provided by law. by It was moved by Brandt Lind and seconded to adopt the ordinance as read and upon roll call there were: Brandt Butherus Connell Hickerson Lind Passed and approved this ATTEST:�.� City Clerk AYES: NAYS: ABSENT: ✓ 9 3rd day of June 1969. �", Mayor 0 S -/c/0 ORDINANCE NO. 2528 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY, IOWA, OF 1966, ADOPTED BY ORDINANCE NO. 2385 PASSED MAY 3, 1966 BY REPEALING SECTION II OF ORDINANCE NO. 2390 AMENDING THE MUNI- CIPAL CODE OF IOWA CITY PASSED ON JUNE 21, 1966 RELATING TO THE CONSTRUCTION OF SIDEWALKS IN THE CITY OF IOWA CITY AS TO THE LOCATION OF SIDEWALKS AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to establish new requirements for the location of sidewalks within the City of Iowa City, Iowa. SECTION II LOCATION OF SIDEWALKS. All permanent sidewalks shall be so located that the line of the inner edge thereof shall be one (1) foot from the property line, except that the City Engineer may, upon Application, modify the location of said sidewalk within an area between the property line and a line running parallel to and four (4) feet in distance from the curb. SECTION III REPEALER. Ordinance No. 2390, enacted June 21, 1966, Section II, and any and all other 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 effect after its final passage, approval and publication as required by law. It was moved by Butherus and seconded by Brandt , that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: r/ r Attest: J _L'ity Clerk Brandt Butherus Connell Hickerson Lind MAYOR 1st Reading •��eol&j 2nd Reading -F'IR0116 3rd Reading (P 3 6 9 Passed and approved this 3rd day of June , A.D., 196% r� ORDINANCE NO. 2529 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY ADDING A NEW ZONING CLASSIFICATION OF PLANNED COMMERCIAL ZONE AND SETTING UP REGULATIONS THEREFORE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to establish a planned commercial zone for Iowa City, Iowa, and establish regulations therefore. SECTION II. AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended as follows: 1) Section 8.10.4 is hereby amended by adding an additional district entitled PC Zone to those enumerated. 2) Section 8.10.6 D2 is hereby amended by adding paragraph '1' as follows: '1' VP(PC); The uses regulated by Section 8.10.17.1. 3) The Municipal Code is amended by adding the following Section thereto: Section 8.10.17.1 PC Zone Use Regulations A. Premises in the Planned Commercial Zone shall be used for the following purposes only: 1. The uses set forth in 8.10.11 (Cl) (with the exception of residential uses). 2. Theaters 3. Restaurants, tea rooms, cafes and similar eating establishments where meals are prepared to be served exclusively inside the building. 4. Sale of any goods and products at retail, including automobile service stations. B. Residential uses (including trailers) are not permitted in the PC zoning district. C. Procedure: Before the rezoning of any tract to Planned Commercial District zoning will be considered by the Planning and Zoning Commission and the City Council, the owner or owners shall submit to the City a report concerning a.) the economic feasibility of a planned commercial district at the location of their tract, b.) the effect of such a planned commercial district on the surrounding property, and c.) the impact of traffic generated by such a planned commercial district on the surrounding streets. D. Plan Required: Regardless of size of tract or building (s), land zoned Planned Commercial Zone shall be laid out and developed as a unit according to a plan conforming to requirements of the Large Scale Nonresidential Development Ordinance. E. Yard Regulations: Front Yard Two Side Yards One Rear Yard 40' 20' (each) 20' The following general regulations for yards must also be observed: 1. In the PC zone the front yard requirements shall be observed along any street. F. Off Street Parking Space Requirements: 1. For all uses when located in the PC zone, one parking space per each 300 sq. ft. of floor area for the first 100,000 of floor area developed and one space for each 100. sq. ft. of floor area beyond the first 100,000 sq. ft. G. _Height Regulations for PC Zone: 1. In the PC Zone, when adjacent to any R1 and R2 district, said buildings shall not exceed 2 1/2 stories and shall not exceed 35 feet; when adjacent to any other district said buildings shall not exceed 3 stories and shall not exceed 45 ft. r. Ord. No. 2529 -2- 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 effect after its final passage, approval and publication as provided by law. It was moved by Brandt and seconded by Butherus that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus R Connell X Hickerson _x Lind Passed and approved this 17th day of June , 1969. ATTEST: City Clerk Mayor 1st Reading S 1c G 1 T. o. 2nd Reading / -t,9 7. d 3rd Reading T. 6 lJ ORDINANCE NO. 2530 AN ORDINANCE CHANGING THE NAME OF LAKEVIEW DRIVE TO OAKNOLL DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That all of Lakeview Drive, from Benton Street to Oakcrest Avenue, within the City of Iowa City, Iowa, be renamed Oaknoll Drive. Section 2. This ordinance will be in full force and effect when published as provided by law. It was moved by Lind and seconded by Butherus that the Ordinance as read be adopted, and upon roll call there were: Ayes Nays Absent X Brandt Butherus. Connell Hickerson Lind Passed and approved this 1st day of July 1969. Mayor ATTEST: �i/1� ✓ «o -City Cler— k . First Reading rl -I - 6 4 %. O Second Reading 7 -1 -6 4 T• G Third Reading 7_ r -4c 1,O 0 ORDINANCE NO. 2531 AN ORDINANCE VACATING ALLEY IN BLOCK 85. BE IT ORDAINED BY THE CITY COUNCIL OF IQdA CITY, IOWA: Section 1. That the alley in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: The 20' wide east -west alley connecting Clinton and Capitol Streets in Block 85, Iowa City, Iowa, subject to an easement for sewer purposes. Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by Butherus and seconded by Brandt that the Ordinance be adopted, and upon roll call there were: Brandt Butherus Connell Hickerson Lind Passed and approved this 5th ATTEST: � Q( �� City Clerk -.� . , 0".7- AYES: NAYS: ABSENT: X X X 9 day of August 196T. Mayor First Reading Second Reading .V-o"/.-�i Third Reading e ORDINANCE NO. 2532 AN ORDINANCE VACATING ALLEY IN GRAND AVENUE COURT ADDITION. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the alley in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: The alley lying south of the south line OF Lots 9 and 10 in Grand Avenue Court Addition, Iowa City, Iowa Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by Brandt and seconded by Connell that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt- x Butherus x Connell x Hickerson+ Lind x 9 Passed and approved this 5th day of August 190 . Mayor ATTEST- City Clerk First Reading �I- /5-(.q Second Reading ,X -.5 (. i' T c Third Reading ,i'- S' G'% -1-0. ORDINANCE NO., 2533 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R2 & R1B to R1B ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R2 & RIB to RIB Zone, and the boundaries of the R1B Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The Southwest Quarter of the Southeast Quarter of Section 12, in Township 79 North, Range 6 West of the 5th P.M., except Oakwood Addition Part I. (North of Court Street, South of Rochester Road extended.) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Butherus and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind seconded by Brandt that there were: AYES: NAYS: X X X X X ABSENT: Passed and approved this 5th day of August 196 9 . _a Mayor ATTEST: City Clerk Oakwoods Addn.,]Z k II Approved by P&Z First Reading Second Reading Third Reading - T- i a ORDINANCE NO. 2534 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM C2 TO CB ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of C2 to CB Zone, and the boundaries of CB Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The east one hundred (100) feet of the south seventy (70) feet of lot four (4) in block one hundred and one (101) in Iowa City, Iowa, according to the recorded plat thereof; also commencing at the southeast corner of said block 101, said corner being on the west line of Clinton Street and 420 feet south of the center of Burlington Street, thence west along the south line of said block 101, 100 feet, thence south 4.88 feet, thence easterly to a point on the west line of Clinton Street 4.4 feet south of the place of beginning, thence north to the place of beginning. (Darling -Bender property) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Lind and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind Passed and approved this 5th '� _o ATTEST: City Clerk Darling -Bender Denied by P&Z seconded by — there were: AYES: NAYS: X T Connell that ABSENT: day of August 1969 Mayor First Readingr� Second Reading Third Reading S 5 -b`1 T• u. 09 ORDINANCE NO. 2535 AN ORDINANCE TO FIX THE RATES TO BE CHARGED BY THE WATER WORKS OPERATED BY THE CITY OF IOWA CITY, IOWA, AND PROVIDE A METHOD OF ENFORCEMENT AND TO REPEAL ORDINANCE NUMBER 2376. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSES. The purpose of this Ordinance is to fix water rates and provide a method for enforcing their collection. SECTION II. WATER RATES. Water will be furnished at the following rates: Minimum per Month: First 200 Cu. Ft. or less 5/8" to 1" Meter 1.50 First 200 Cu. Ft, or less 1 1/4" Meter 1.90 First 200 Cu. Ft. or less 1 1/2" Meter 2.20 First 200 Cu. Ft. or less 2" Meter 2.90 First 200 Cu. Ft. or less 3" Meter 7.25 First 200 Cu. Ft. or less 4" Meter 12.75 First 200 Cu. Ft. or less 6" Meter 32.00 The Minimum for larger meters will be based on comparative cost to a 6" meter. The Minimum for a customer who furnishes the meter at their own cost will be based on the Minimum for a 5/8" meter regardless of the size. The following rates shall be charged on all water used in excess of 200 Cubic Feet per month. The next 2,800 Cubic Feet $0.46 per 100 Cubic Feet The next 30,000 Cubic Feet $0.28 per 100 Cubic Feet All over 33,000 Cubic Feet $0.19 per 100 Cubic Feet SECTION III. MULTIPLE METERS. In billing water service, the above rates shall be applied separately on the consumption through each meter, or in case of a battery of meters placed on one service pipe and parallel so as to discharge into a common supply pipe, the first 200 cubic feet registered on each meter shall be billed at the minimum rate and the remainder shall be totaled and billed as one meter. SECTION IV. TEMPORARY CONSTRUCTION PERMITS. When temporary water service is requested for a domestic structure under construction and it is not possible to install a meter, the owner or contractor shall be billed a flat fee of $5.00 per month. The water used under this provision shall not be used for settling ditches or irrigating yards or gardens. 5 -2- SECTION V. DIRECT PURCHASE RATES. Water can be purchased at the water pumping plant or at any other location that may be designated by the Water Department from a Supply line furnished by the Water Department for that purpose. Water purchased in tanks furnished by the purchaser will be billed at $2.00 per 1000 gallons or fraction thereof. The Water Department will not be responsible for the purity of water after it leaves the supply line when it is delivered to the purchaser's container. SECTION VI. NON-RESIDENTIAL RATES. The rates in paragraph 2 above shall apply only to properties located within the corporate limits of the City of Iowa City. Where another municipal corporation has entered into a contract with the City of Iowa City, the rates provided for in such contract shall prevail. For all areas outside the City corporate limits of the City of Iowa City for which there is no prevailing contract, the rates shall be established as 50% above those provided for in paragraph 2 above. SECTION VII. CLASSIFICATION OF WATER SERVICE. Water service shall be divided into two classes; namely, residential and commercial. The Water Department shall determine the allocation for each consumer unit based on such criteria as rate of consumption, water use, size of meter, etc. Meters on residential services shall be read bi-monthly and the bill for water used shall be due and payable when rendered and shall become delinquent fifteen (15) days thereafter. Meters on commercial services shall be read monthly and the bill for water used shall be due when rendered and delinquent fifteen (15) days thereafter. SECTION VIII. ENFORCEMENT. After giving reasonable notice, the Water Department may discontinue service to any customer who has failed to pay for water supplied and who has not contested the payment in good faith. SECTION IX. SAVINGS CLAUSE. 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. a _3_ SECTION X. Ordinance No. 2376 together with all other ordinances, resolutions and orders in conflict with the provisions of this Ordinance are hereby repealed. SECTION XI. WHEN EFFECTIVE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. It was moved by Brandt and seconded by Lind that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt Butherus Connell Hickerson Lind Passed and approved this 5th day of August , 1969. Mayor ATTEST: City Clerk 1st Reading 3 -15-- 6 15-6 Cl 2nd Reading o S -SOC o, 3rd Reading J V, e ORDINANCE NO. 2536 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO R3 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R1A to R3 Zone, and the boundaries of the R3 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The north 891.90 feet of the real estate described as follows: Commencing at the Northwest corner of Melrose Part: Addition to University Heights as recorded in Plat Book 4, page 420 of Johnson County Recorder's office, said point being on the southerly right - of way of county road "W", known as the I.W.V. Road; thence S 00 56' 05" W, 1918.75 feet along the west line of said Melrose Park Addition to an iron pin, thence N 870 59' 00" W, 286.60 feet to an iron pin; thence N 00 35' 00" E, 1066.08 feet to an iron pin; thence S 870 33' 40" E, 102.00 feet to an iron pin; thence N 10 14' 40" E, 891.90 feet to an iron pin on the southerly right-of-way of county road "W"; thence S 760 22' 40" E, 190.92 feet along said southerly right-of-way to the point of beginning, except the north portion thereof owned by the City of Iowa City, Iowa and on which is located a city fire station and also except the east- erly portion which is 66.25 feet in width at the north end and 65 feet in width at the south end and which has been dedicated to the City of Iowa City, Iowa, as a public street and known as Emerald Street. Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. \ It was moved by Brandt and seconded'by Connell that - the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt ✓ Butherus Connell Hickerson Lind ✓ Passed and approved this 19th day of August 196 9. ATTEST: _-City Clerk ifuscatine Dev. Co., approved by P&Z 'rte'%!�_�� May Tem Lind First Reading -07 Second Reading _ r•°i Ci; Third Reading , - .i. 6 L" a I ORDINANCE NO. 2537 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $300,000.00 PARKING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF CHAPTER 390 OF THE CODE OF IOWA, AS AMENDED, FOR THE PURPOSE OF DEFRAY- ING THE COST OF ACQUIRING ADDITIONAL OFF- STREET MOTOR VEHICLE PARKING FACILITIES IN AND FOR SAID CITY WHEREAS the City of Iowa City, in Johnson County, Iowa, has heretofore established a system of public motor vehicle parking facilities in said City consisting of both on -street parking meters and off-street parking facilities and has established regulations for the use and operation thereof in order to properly regulate and control traffic upon the congested streets within said City; and WHEREAS the increased use by the public of motor vehicles, has caused serious traffic congestion in the streets of the business sections of said City, thus pre- venting the free circulation of traffic in, through and from said City, impeding the rapid and effective handling of fires and operation of police forces, and endangering the health, safety and welfare of the general public, and it has been heretofore found and determined, following a public hearing conducted in the manner and as authorized and provided in Section 390.1 of the Code of Iowa, 1966, as amended, that public convenience and necessity will be served by adding to, extending and improving said system of public motor vehicle parking facilities by acquiring the North 1/2 of Block 43, except the South 60' of Lot 4 thereof, and also Lots 7 and 8 of said Block 43 in Iowa City, Johnson County, Iowa, according to the recorded plat thereof, for off-street parking purposes; and .-n- AHLERS. COONEY. DORW FILER. ALLSEE s HAYNIE. LAWYERS. DES MOINES, IOWA L WHEREAS traffic conditions upon the streets of said City asesuch as to necessitate and require for the public benefit, safety and convenience of said City and its inhabitants that said parking lot be acquired, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said City be alleviated and properly controlled; and WHEREAS the cost of acquiring said additional public motor vehicle parking facilities has been estimated to be $596,922.00 1, of which $296,922.00 is to be paid from cash on hand, and as authorized under the provisions of Section 390.9 of the Code of Iowa, 1966, as amended, it is necessary that revenue bonds of said City be issued in the amount of $300,000.00 to pay the balance of such cost; and WHEREAS a notice of the intention of the Council of said City to take action for the issuance of $300,000.00 Parking Facilities Revenue Bonds of said City has heretofore been given in the manner and form required by Section 23.12 of the Code of Iowa and no petition nor protest has been filed; and WHEREAS it is the desire and intent that the provision be made in and by this ordinance for the issuance of such revenue bonds for the purpose aforesaid and to set forth herein the terms and conditions upon which said revenue bonds and any additional revenue bonds ranking on a parity therewith are to be and may be issued and outstanding, to set forth the covenants and undertakings of the City with respect to the operation and maintenance of the said system of public motor vehicle parking facilities and to restrict the rights of the holders of said revenue bonds -5- AHLERS. COONEY. DORWEILER, ALLSEE h HAYNIE, LAWYERS. DES MOINES. IOWA 0 from time to time outstanding in the source of payment of the interest on and principal of said revenue bonds and in the enforcement thereof; and WHEREAS, the City of Iowa City, Iowa, pursuant to its Ordinance No. 2289, adopted on June 19, 1964, heretofore issued $320,000.00 of Parking Facilities Revenue Bonds, dated July 1, 1964, of which $100,000.00 of said bonds are still outstanding and unpaid, and are payable from the net revenues of the municipal system of public motor vehicle parking facilities, which bonds are hereinafter sometimes referred to as the "1964 Bonds", and in said Ordinance it is provided, and on the face of each of said Bonds, it is recited that while no default exists in the provisions of said Ordinance the City may issue additional Revenue Bonds on a parity with the 1964 Bonds outstanding, for the cost of future additions, improvements and extensions to the system of public motor vehicle parking facilities of said City, provided that the City will procure and file with the City Clerk a statement of a certified public accountant not in the regular employ of the City on a monthly salary basis, reciting the opinion based upon necessary investigation that the aggregate net off-street parking revenues and net on -street parking revenues as defined in said ordinance, adjusted to reflect income in accordance with rates in effect on the date of said statement, for the fiscal year immediately preceding the issuance of additional bonds was equal to 150% of the maximum amount that will become due in any calendar year for both principal and interest on the 1964 Bonds outstanding, added to the respective -6- AHLERS, COONEY, DORWEILER, ALLDEE S HAYNIE. LAWYERS, DES MOINES, IOWA I 1 t annual amounts that will be required for both principal and interest on the bonds proposed to be issued, which mature prior to the last maturity of any outstanding 1964 Bonds, and the City will place on file with the City Clerk the necessary certified public accountant's statement in compliance with the foregoing requirements; and, WHEREAS, there are no other bonds or other obligations now outstanding which are payable from the net earnings of the municipal system of public motor vehicle parking facilities, and no default exists with respect to any of the provisions of said ordinance authorizing the issuance of the 1964 Bonds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. That for the purpose of defraying the cost of acquiring additional public motor vehicle parking facilities in and for the City of Iowa City, Iowa, and as referred to in the preamble hereof, there be and there are hereby authorized to be issued the negotiable interest bearing revenue bonds of said City of Iowa City, in the principal amount of $300,000.00, each of which shall be known and designated as a "Parking Facilities Revenue Bond, Series 1969", bearing date of October 1 , 1969, numbered 1 to 60 inclusive, of the denomination of $5,000.00 each. The bonds of said issue shall bear interest at the rate of seven per cent (7b) per annum or at such lower rate as may be determined at the time of the public sale of said bonds, such interest to be payable January 1, 1970 and semiannually thereafter on the first days of July and January in each year. Said bonds shall mature in numerical order on January 1, of the respective years as follows: -7- AHLERS. COONEY, DORWEILER. ALLSEE & HAYNIE. LAWYERS. DES MOINES, IOWA Bond No. 1 to 3,'both incl 4 to 14, " 15 to 36, 37 to 60, " Amount $15,000.00 $55,000.00 $110,000.00 $120,000.00 Maturity Date January 1, 1970 January 1, 1971 January 1, 1972 January 1, 1973 Provided, however, that the bonds of said issue numbered 4 to 60 , inclusive, maturing on and after January 1, 19 71 , shall be redeemable in whole, or from time to time in part in inverse order of maturity, by said City from any funds regardless of source prior to maturity on any date on or after July 1, 1970, on terms of par and accrued interest to the date of redemption. If less than the total amount of any annual maturity is to be called for redemption prior to maturity, the bonds to be redeemed from that maturity shall be selected by lot. In the event any of said bonds are called for redemption prior to maturity as aforesaid notice of such redemption, identifying the bond or bonds to be redeemed, shall be given by registered mail addressed to the last known holders of all bonds to be redeemed at least thirty (30) days prior to the redemption date and shall also be published at least once not less than thirty (30) days prior to the redemption date in a financial newspaper or journal published in the City of Chicago. In the event any of said bonds are called for -8- AHLERS, COONEY. DORWEILER• ALLBEE & HAYNIE. LAWYERS, DES MOINES, IOWA f 1 redemption on any date other than an interest payment date, an additional publication of such notice shall be made not more than thirty (30) days nor less than fifteen (15) days prior to the redemption date. Such of said bonds as may be thus called for redemption and for the payment of which funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. Said bonds are herein sometimes referred to as the "Series 1969 Bonds." All of said bonds shall rank on a parity with the presently outstanding 1964 Bonds referred to in the preamble hereof, and with any additional bonds as may be hereafter issued ranking on a parity therewith under the conditions hereinafter set forth. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Iowa City, Iowa. All of said bonds and the interest thereon, together with the 1964 Bonds and any additional bonds ranking on a parity therewith that may be issued and out- standing under the conditions and restrictions hereinafter set forth shall be payable solely from the bond and interest redemption sinking fund hereinafter created, and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxation, but said bonds together with the 1964 Bonds and such additional bonds as may be issued on a parity therewith shall be payable, both as to principal and interest, solely and only from the future net revenues of said improved system of public -9- AHLERS. GOONEY. DORWEILER, ALLREE F Ht.YNIE. LAWYERS. DES MOINES, IOWA r 0 0 motor_ vehicle parking facilities pledged therefor as herein- after provided, and under no circumstances shall said City be in any manner liable by reason of the failure of said net revenues to be sufficient for the payment of said bonds and interest thereon. Section 2. That said bonds and coupons shall be in substantially the following form: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY PARKING FACILITIES REVENUE BOND, SERIES 1969 No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, in the County of Johnson and State of Iowa, for value received, promises to pay to bearer, or if this bond be registered as hereinafter provided then to the registered holder hereof, solely from the source hereinafter specified, the sum of FIVE THOUSAND DOLLARS ($5,000.00) on the first day of January, 19 , and to pay interest on said sum from the date hereof at the rate of cent ( %) per annum, payable January 1, 19 , and semiannually thereafter on the first days of July and January in each year until said principal sum is paid, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto -10- AHLERS. COONEY. DORWEILER, ALL©EE & HAYNIE. LAWYERS, DES MOINES, IOWA attached as they severally become due; both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Iowa City, Iowa. This bond is one of a series of bonds numbered con- secutively from 1 to 60 , inclusive, issued by said City pursuant to the provisions of Chapter 390 of the Code of Iowa, 1966, and all other laws amendatory thereof and supplemental thereto, and in conformity with an ordinance of the City Council of said City duly and finally passed on the day of , 1969, and published as required by law, for the purpose of defraying the cost of acquiring additional public motor vehicle parking facilities in and for said City, and is not a general obligation of said City, but this bond and the series of which it forms a part, together with bondsheretofore issued and any additional bonds that may be issued and outstanding from time to time ranking on a parity therewith under the conditions and restrictions set forth in Section 15 of said ordinance authorizing said bonds, of which notice is hereby given, are payable as to both principal and interest solely and only out of future net revenues of the system of public motor vehicle parking facilities a sufficient portion of which are required by said ordinance to be deposited in a special fund designated as the "PARKING FACILITIES REVENUE BOND SINKING FUND" and which are pledged for that purpose. This bond is not a general obligation of said City nor payable in any manner by taxation, nor --11- AHLERS. COONEY. DORWEILER. ALLBEE & HAYNIE. LAWYERS. DES FAO@IES, IOWA E 0 shall the City of Iowa City be in any -manner liable by reason of said special fund being insufficient for the payment of this bond and the interest hereof. The City of Iowa City, Iowa, reserves the right to call and redeem bonds of this issue numbered 4 to 60 , inclusive, maturing on and after January 1, 19 71 in whole, or from time to time in part in inverse order of maturity, from any funds regardless of source prior to maturity on any date on or after July 1, 1970 , on terms of par and accrued interest to the date of redemption, but if less than the total amount of any annual maturity is called for redemption prior to maturity, the bonds to be redeemed from that maturity shall be selected by lot. In the event any of said bonds are called for redemption prior to maturity as aforesaid, notice thereof, identifying the bond or bonds to be redeemed, will be given by registered mail addressed to the last known holders of all bonds to be redeemed at least thirty (30) days prior to the redemption date and will also be published at least once not less than thirty (30) days prior to the redemption date,in a financial newspaper or journal published in the City of Chicago. In the event said bonds are called for redemption on any date other than an interest payment date, an additional publication of such notice will be made not more than thirty (30) days nor less than fifteen (15) days prior to the redemption date. Such of said bonds as may be thus called for redemption and for the payment of which funds are duly provided shall cease to bear interest from and after the date as of which they are'called for redemption. -12- AHLCRS. GOONEY, DORWEILER. ALLBEE & HAYNIE. LAWYERS, DES MOINES, IOWA 1 This revenue bond and the appurtenant interest coupons are payable to bearer but this bond may be registered as to principal only in the name of the holder on the books of said City of Iowa City in the office of its City Treasurer, and such registration will be evidenced by notation on the back hereof to that effect by said City Treasurer as Registrar after which no transfer hereof shall be valid unless made on said books and similarly noted hereon, but such registration may be discharged.by registered transfer to bearer after which this revenue bond shall be again payable to bearer. For a more complete statement of the basis upon which this revenue bond has been issued and additional revenue bonds ranking on a parity therewith may be issued and outstanding, and a description of the source of payment of all such revenue bonds, and the circumstances under which the provisions of the aforesaid ordinance may be modified and a statement of the rights, duties and obligations of said City of Iowa City and the rights of the holders of the revenue bonds, reference is made to said ordinance. And it is hereby certified, recited and declared, that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part, have existed, have happened and have been performed in due time, form and manner, as required by law, and that the issuance of this bond does not exceed or violate any constitutional or statutory limitation or provision. -13- AHLERE. COOHEY, DORWEILER. ALLMEE !Q HAYNIE, LAWYERS. DES MOINES, IOWA i IN WITNESS WHEREOF, said City of Iowa City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of the said City Clerk, which official.* the execution of this bond, does adopt as and for his own proper signature his facsimile signature appearing on said coupons this first day o , 1969. ATTEST: No. City Clerk Mayor (FORM OF COUPON) S On , 19 , the City of Iowa City, Iowa, will pay to bearer out of its Parking Facilities Revenue Bonds Sinking Fund Dollars ($ ) at the office of the City Treasurer, Iowa City, Iowa, as provided in and for interest then due on its Parking Facilities Revenue Bonds, Series 1969, dated , 1969, Numbered City Clerk As to the coupons maturing subsequent to January 1 , 19 71 , on bonds numbered 4 to 60 , inclusive, there shall be added to the form of coupon hereinbefore set out the following words: "unless said bond shall have been sooner called for payment." -14- AHLERS, COONEY, DORWEILER, ALLSEE & HAYNIE. LAWYERS, DES MOINES, IOWA 8 On the back of each bond there shall be printed the certificate of the City Treasurer in the following form: The issuance of this bond has been duly and properly recorded in my office as of the first day of , 1969. Treasurer of the City of Iowa City, Iowa There shall also be printed on the back of each bond provisions in the following form for evidencing its registra- tion as to principal: REGISTRATION OF OWNERSHIP Date of Registration In Whose Name Registered Signature of City Treasurer Section 3. That said revenue bonds shall be registrable as to•principal in accordance with the provisions for registra- tion hereinabove provided, and the City Treasurer is hereby appointed and designated Registrar for such purpose. No charge shall be made to any holder of said bonds for the privilege of registration or transfer thereof. Section 4. That said bonds shall be signed by the Mayor and attested by the City Clerk, with the seal of the City affixed and the interest coupons attached thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signature his facsimile signature appearing on such coupons. When and as executed, said bonds shall be delivered to the City Treasurer to be by him duly -15- ANLERs. COONEY. DORWEILER. ALLCEE & HAYNIE. LAWYERS. DES MOINES. IOWA recorded as to issuance and said Treasurer shall sign the certificate hereinbefore set out in Section 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser thereof upon payment of the purchase price, same to be not less than par and accrued interest. Section 5. The proceeds of the bonds hereby authorized shall be deposited in a Construction Fund, which is hereby ordered created, and shall be applied in paying the cost of acquiring the additional public motor vehicle parking facilities as hereinbefore described and expenses incident thereto, provided, that all sums received as accrued interest in the issuance and sale of the bonds shall be paid into the Parking Facilities Revenue Bonds Sinking Fund hereinafter created. Pending expenditure for said authorized purpose the balance of the proceeds of the bonds shall be deposited in a bank or banks and each such deposit to the extent it causes the aggregate deposits by said City in any such bank to be in excess of the amount insured by the Federal Deposit Insurance Corporation shall be collaterally secured by direct obligations or guaranteed bonds of the United States of America having a market value equivalent to such deposit. It is anticipated that the cost of improving the lot for parking purposes will be paid from accumulated revenues, and disbursements of said revenues for the cost of construction work and materials shall be made on orders of the City Council only as and when approved by the engineer supervising such construction. Any balance of the proceeds of the bonds remaining after the completion of the acquisition of said additional parking facilities shall be deposited in the Bond Reserve Fund. -16- AHLERS, COONEY. DORW EILER. ALLBEE & HAYNIE. LAWYERS. DES MOTNEE. IOWA Section 6. That upon the issuance of the bonds hereby authorized and thereafter so long as any of said bonds or any additional bonds ranking on a parity therewith are outstanding the system of public motor vehicle parking facilities of said City, together with all future extensions and additions thereto, and consisting of both on -street parking meters and off-street parking facilities shall continue to be operated as a revenue producing undertaking. The rates charged by said City for the use of and services furnished by said parking system shall be such reasonable rates as will be sufficient to pay for the operation and maintenance thereof and to create and maintain the Parking Facilities Revenue Bonds Sinking Fund and the Bond Reserve Fund in the amounts as hereinafter provided. From and after the issuance of the bonds hereby authorized the income and revenues from the off-street parking facilities of said system, including rentals from the lease of any property constituting a part of the system or air rights over any part of the system, shall be set aside into a separate and special fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating said off-street parking facilities, and the balance thereof shall be classified as "net off-street parking revenues" and are hereinafter referred to as such. In like manner from and after the issuance of said bonds the income and revenues from the on -street parking facilities of said system shall be set aside into a separate and special -17- AHLERS• COONGY. DORWEILER. AL68SE & HAYNIE. LAWYERS. DGS MOINES. IOWA fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating said on -street parking facilities and necessary traffic control expenses and may also be so used and disbursed, to the extent that funds are not available from other sources, for the purchase of additional on -street parking meters and facilities; provided, that the aggregate of all such operation, maintenance and traffic control expenses and cost of additional on -street parking meters and facilities shall not in any one month exceed twenty-five per cent of the income and revenues from such on -street parking facilities of said system during that month, and the balance of said income and revenues from the on -street parking facilities shall be classified as "net on -street parking revenues" and are hereinafter referred to as such. There shall be and there is hereby created a special fund to be designated as the "Operation and Maintenance Fund" into which on the first day of each month there shall be set apart and paid from the aggregate of the net off-street parking revenues and the net on -street parking revenues an amount which with any unexpended balance therein is considered necessary and sufficient to pay the reasonable current expenses of operating and maintaining said Utility for the current month; provided, however, that the "Operation and Maintenance Fund" shall not be expended to pay rentals on any leased parking facilities and may be expended to AHLERS. GOONEY DORWEILER. ALLBEE & HAYNIE, LAWYERS. DES MOINES, IOWA pay the cost of enforcement of laws and regulations applicable to the system of public parking facilities only to the extent that funds are not then available in the "Surplus Fund" for such purpose. After said first day of the month further payments may be made into said fund from the aforesaid parking revenues but only if and to the extent necessary to pay such operation and maintenance expenses actually accrued and payable and to the extent that funds for such purpose are not then available for transfer from the "Surplus Fund" or the "Renewal and Improvement Fund." There has been created and there shall be maintained a special fund to be known as the "Parking Facilities Revenue Bonds Sinking Fund" (hereinafter sometimes referred to as the "Sinking Fund"), into which there shall be set aside from the aggregate of the net off-street parking revenues and the net on -street parking revenues such portion thereof as will be sufficient to pay the interest on and principal of the bonds hereby authorized and any additional bonds ranking on a parity therewith at the time outstanding as the same become due, and it is hereby determined, covenanted and agreed that the minimum amount to be so set aside into said Sinking Fund during each month of each year shall be not less than as follows: •-19 - ANLERs. COONEY. DORWEILCR, ALLSEE G HAYNIE. LAWYERS, DES MOINES, IOWA r t A sum equal to one-tenth (1/10th)of the principal of all bonds maturing on the January 1 next succeeding plus a sum equal to one-fifth (1/5th) of the interest becoming due on the next succeeding interest payment date on all of the then outstanding bonds issued pur- suant to ur-suantto this ordinance and bonds ranking on a parity therewith until there has been accumulated in such fund an amount equal to the full amount of the next succeeding principal payment and interest payment on said then out- standing bonds maturing in such year; provided, however, that no further payments need be made into said Sinking Fund whenever and so long as such amount of the bonds shall have been retired that the amount then held in such fund (including the Bond Reserve Fund hereinafter created) is sufficient to retire all such outstanding bonds and pay the entire amount of the interest that wi•11 have accrued at the time of such retirement. Such payments into said Sinking Fund shall be made in monthly installments on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday then such payments shall be made on the next succeeding secular day. In the event the balance of unallocated net off-street parking revenues and net on -street parking revenues are inadequate to make any one or more required monthly payments into the Sinking Fund the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received, and same shall be in addition to payments otherwise -20- AHLERS. COONEY. DORWEILER. ALL13EE a HAYNIE. LAWYERS. DES MOINES. IOWA provided to be made.in such succeeding month or months. Said Sinking Fund shall be used soTely'and only and is hereby pledged for the purpose of paying principal of and interest on the 1964 Bonds, the 1969 Bonds herein authorized and any additional parity bonds hereinafter permitted to be issued. Section 7. There has been created a special fund known and designated as the "Bond Reserve Fund" into which there shall be set apart and paid each. month, commencing October 1. 1969, from the balance of the net off-street parking revenues and the net on -street parking revenues remaining after first making the required payments into the "Operation and Maintenance Fund" and the "Parking Facilities Revenue Bonds Sinking Fund" the sum of $ 750.00 on the first day of each month in each year until such time as all of the bonds herein authorized and bonds ranking on a parity therewith have been paid in full as to both principal and interest or funds sufficient therefor have been set aside and pledged for that purpose. All moneys credited to said Reserve Fund shall be used for the payment of the principal of and interest on the bonds authorized to be issued under the terms of this ordinance and bonds ranking on a parity therewith whenever for any reason the funds on deposit in the "Parking Facilities Revenue Bonds Sinking Fund" are insufficient to pay such principal and interest when due, and shall also be used to make up any deficiencies in the amounts required to be set aside each month into said Sinking Fund; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of principal and interest falling due in any succeeding fiscal year for both principal of and interest on the then -21- AHLERS. COONEY. DORWEILER, ALL©EE k HAYNIE. LAWYERS, DES MOINES, IOWA outstanding bonds issued pursuant to this ordinance and bonds ranking on a parity therewith may be used to purchase or redeem any of said bonds then outstanding at not exceeding the price at which said bonds may be next redeemable or may be transferred to the "Renewal and Improvement Fund." Section 8. There has been created a special fund known and designated as the "Renewal and Improvement Fund" into which there shall be set apart and paid each month, commencing October 1, 1969 from the balance of the net off-street parking revenues and net on -street parking revenues remaining after first making the required payments into the Operation and Maintenance Fund, the Sinking Fund and the Bond Reserve Fund the sum of $1,500.00 on the first day of each month of each year, or such higher amounts as the City Council may fix from time to time. All moneys credited to said Renewal and Improvement Fund shall be used or accumulated to pay rentals on any property leased for use as a part of the City's system of motor vehicle parking facilities, to pay the cost of acquiring additional parking facilities, to pay architectural or engineering expenses, to pay the cost of acquiring additional meters or other improvements to the system, to create reserves for any of the foregoing, to pay rent on any property which may be leased for parking purposes as a part of the system or to pay any extraordinary cost of maintaining the parking system in an efficient operating condition, and the moneys on deposit in said Renewal and Improvement Fund shall be transferred and credited to the Parking Facilities Revenue Bonds Sinking Fund whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith or shall be -22- AHLERs. COONEY. DORWEILER. ALLSEE & HAYNIE. LAWYERS, DEs MOINES. IOWA f transferred to the Bond Reserve Fund whenever any deficiency may exist in said Fund. Any balance in excess of $ 100,000.00 which may be accumulated in said Renewal and Improvement Fund may be transferred to the Surplus Fund hereinafter created. Section 9. There has been created a special fund known and designated as the "Surplus Fund" into which there shall be set apart and paid all of the net off-street and net on - street parking revenues remaining after first making the required payments into the Operation and Maintenance Fund, the Sinking Fund, the Bond Reserve Fund and the Renewal and Improvement Fund. Moneys credited to said Surplus Fund may be expended to pay cost incurred in the enforcement of laws, ordinances and regulations applicable to the City's system of public parking facilities, and shall be transferred and credited to the Parking Facilities Revenue Bonds Sinking Fund whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith, or shall be transferred and credited to the Bond Reserve Fund whenever any deficiency may exist in said Bond Reserve Fund, or otherwise may be transferred to the Renewal and Improvement Fund or used for any lawful corporate purpose. Section 10. All moneys held in the several separate funds created under the terms of this ordinance shall be deposited in banks and all such deposits which cause the aggregate deposits of said City in any one bank to be in excess of the amount insured by the Federal Deposit Insurance Corporation shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value, or may be -23- AHLERS. GOONEY, DORWEILER, ALLCEE S HAYNIE. LAWYERS, DES MOINES, IOWA invested in direct obligations of the•United States Government having a,maturity date or being subject to redemption at the option of the holder not more than five years from the date of the investment therein. Section 11. While the bonds authorized hereunder, or any of theT, remain outstanding and unpaid the rates for all services rendered by said public motor vehicle parking facilities system shall be reasonable and just, taking into account and consideration the cost of maintaining and operating the same and one hundred fifty per cent of the amounts required annually for the retirement of all bonds and the accruing interest on all such bonds as may be out- standing under the provisions of this ordinance and bonds ranking on a parity therewith, and there shall be charged such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that so long as any of the bonds hereby authorized remain outstanding it will keep proper books of record and account, separate from all other municipal records and accounts, showing complete and correct entries of all transactions relating to said public motor vehicle parking facilities system, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the City relating thereto. A separate accounting of the amount of income and revenues from on -street parking facilities and the off-street parking facilities, and also of the amount of operation and maintenance expenses for said facilities, respectively, shall be kept and maintained. -24- AHI ERB. COONEY. DORWEILER. ALLME h HAYNIE. LAW VERS. DES MOINES. IOWA Said City further agrees that it will within sixty days following the close of each fiscal year of the City cause an audit to be made of the books and accounts pertinent to the system by an independent certified public accountant showing the receipts and disbursements of said system with the comments of the auditor concerning whether the books and accounts are being kept in compliance with this ordinance and in accordance with recognized accounting practices. All expenses incurred in making such audits shall be paid as an expense of operation and maintenance of the system and a copy of each such audit shall be promptly mailed to the original purchasers from the City of the bonds hereby authorized and to any other bondholder that may have requested same in writing. Section 12. That said City hereby covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and laws of the State of Iowa, and this ordinance, including the making and collecting of reasonable and sufficient rates for services afforded thereby, and will segregate the revenues and make application thereof into the respective funds, as provided by this ordinance. The City further covenants and agrees with the holders of said bonds to maintain in good condition and continuously and efficiently operate said off-street and on -street facilities and to charge and collect such rates and charges for services rendered thereby so that the aggregate net revenues therefrom will be sufficient at all times to make the -25- Am-ERs. CODNEY. DORWEILER, ALL[3EE h HAYME. LAWYERS, DES IMOMES. IOWA I prescribed payments into the several special funds as herein- before provided. The City further covenants and agrees that so long as any of the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber said public motor vehicle parking facilities until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof; provided, however, the City may dispose of any property constituting a part of the municipal parking system which is found by resolution of the City Council to be no 'longer useful or profitable in the operation of the system, but the proceeds of any such sale shall be credited to the Renewal and Improvement Fund as an additional credit thereto. Nothing contained in this ordinance shall be construed to prevent the City from leasing to others or contracting with others for the operation of any of the facilities, constituting a part of the parking system, to the extent permitted by law, provided the net revenues derived from any such leases or contracts, in combination with all other net revenues of the system, are found by the City Council to be not less than those required to be paid into the various funds as hereinbefore provided. Nothing contained in this ordinance shall be construed to prevent the City from disposing by lease, or as may be permitted by law, of the air rights above any -26- ANLERS, COONEY. DORWEILER• ALLSEE & HAYNIE. LAWYERS. DEE MOINES. IOWA I of the off-street parking facilities constituting a part of the system, provided that the revenues from any such lease shall be treated as a part of the income and revenues from the off-street parking facilities of the system and shall be used and applied as provided in this ordinance, but no such lease may result in a reduction of the aggregate net revenues of the system below the amounts necessary to be paid into the various funds as hereinbefore provided. While the bonds authorized hereunder, or any of them, remain outstanding and unpaid no free service shall be afforded by said public motor vehicle parking facilities system, provided, that the City Council may, by resolution, authorize the use of a designated portion of the parking facilities without charge, provided: (1) that the Council must first affirmatively determine that such use will not cause the aggregate net revenues then to be derived from the balance of the system to be less than 150% of the amounts required to be paid into the Parking Facilities Revenue Bonds Sinking Fund during the then next succeeding fiscal year, and (2) if the facilities to be operated without charge produced over 15% of the gross revenues of the entire system in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a reputable, independent consulting engineer employed for the purpose of examining the books and records pertinent to the system and of certifying to the amount of revenues which will be derived from the balance of the system. Any of the off-street parking facilities may be withdrawn from use at any time for the purpose of erecting multiple level -27- AHLERS. COONEY. DORWEILER. ALL13CE h MAYNIE. LAWYERS. DES MOINES. IOWA parking structures, garages or other parking facilities thereon which are to be incorporated in and made a part of the public motor vehicle parking facilities system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the remainder of the system, together with interest during the construction of the additional structure, will be not less than those required to be paid into the several separate funds as hereinbefore provided during the period of construction. Said City agrees that it will take no action in relation to its public motor vehicle parking facilities which would unfavorably affect the security of the bonds herein authorized or bonds ranking on a parity therewith or the prompt payment of the principal'thereto and interest thereon, but nothing in this ordinance contained shall be constructed to prohibit appropriate changes in the location of on -street parking facilities made necessary by street widening, alterations or closings, nor prohibit substitution or changes in the location of on -street parking meters in order to provide essential and necessary traffic regulation and control. Section 13. Said City hereby covenants and agrees so long as any bonds hereby authorized are outstanding to regularly retain from time to time, and at least once every three_years, the services of some engineer or firm of engineers of specialized reputation in the management and operation of motor vehicle parking facilities (hereinafter sometimes referred to as the "consulting engineer"), for -28- AHLERS. COORMY. DORW EILER. ALLSF_E a HAYW:E. LAWYER£, DES MOINES. IOWA L the purpose of consultation and cooperation in connection with the operation and maintenance of its public motor vehicle parking facilities system and the establishment as well as any subsequent revision of the schedule of charges for the services and facilities to be thereby afforded. An annual budget of expenses of operation and maintenance of the system shall be prepared by the City Council covering the anticipated monthly requirements and expenditures for such operation and maintenance during the ensuing year. Fixed annual charges such as the cost of insurance shall be set up and accumulated on a monthly basis. At least sixty days prior to the beginning of such ensuing fiscal year a copy of such proposed annual budget shall be mailed to any bondholder who may have theretofore requested the same. If the holder or holders of five per cent or more of the aggregate principal amount of bonds then outstanding shall so request at least thirty days prior to commencement of the fiscal year the City Council shall hold a public hearing on such proposed annual budget, at which hearing any bondholder and any other person in interest may appear and file written objections. I£ no objections are filed as in this section permitted, said City Council may adopt the proposed budget as the annual budget for such succeeding fiscal year, but if such objections are filed, said City Council shall make every effort to satisfy same in adopting a revised final budget. The total expenditures in any fiscal year for the account of the off-street parking facilities and the on - street parking facilities constituting parts of said public motor vehicle parking facilities system shall not -29- ARLERS. COONEY. DORWEiLER. ALLBEE 4 HAYNIE. LAWYERS. DEs M.OfNES. IOWA exceed the respective items as shown by the annual budget for such year unless specifically authorized by a two-thirds vote of said City Council. Section 14. That any holder of said bonds, or of any of the coupons, may either at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel performance by said City and its officers and agents of all duties imposed or required by law or this ordinance in connection with the operation of said motor vehicle parking facilities, including the making and collecting of sufficient rates and segregation of the revenues and application thereof. Section 15. The bonds authorized to be issued here- under and from time to time outstanding together with the 1964 Bonds shall not be entitled to priority one over the other in the application of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issuance, it being the intention that there shall be no priority among the bonds authorized to be issued under the provisions of this ordinance, regardless of the fact that they may be actually issued and delivered at different times. The City hereby reserves the right and privilege of issuing additional bonds from time to time payable from the income and revenues of said public motor vehicle parking facilities system ranking on a parity with the bonds herein authorized in order (1) to refund any revenue bonds issued for account of the parking system, or (2) to pay the costs of further additions, extensions or improvements to the system within said City; provided, that before any such additional bonds ranking on a parity may be so issued for such additions, extensions or improvements there shall have been procured and filed with the City Clerk a statement by a certified -30- AHLERS. COONEY. DORWEILER. ALLBEE M HAYNIE. LAWYERS. DES MOINES. IOWA C t L public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon necessary' investigations that the City has substantially performed its obligations with respect to maintenance of the various funds required under this ordinance and that the aggregate net off-street parking revenues and net on -street parking revenues as defined in this ordinance, adjusted to reflect income in accordance with rates in effect on the date of said statement, for the last completed fiscal year immediately preceding the issuance of such additional bonds, when added to the estimated net revenues to be derived from improvements authorized and to be constructed in whole or in part from the proceeds of the bonds then proposed to be issued within the first two full fiscal years of operation (as estimated by a nationally recognized firm of consulting engineers employed by the City for that purpose), was equal to at least 160% 'of the maximum amount that will become due for both principal and interest on the bonds then outs -Landing and the bonds then proposed to be issued in any fiscal year prior to the longest maturity of any of the then outstanding bonds. Bonds issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be subject to the restrictions hereinbefore set forth in this section provided the bonds being refunded mature within three months of the date of such refunding and no other funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to said restrictions, and in computing the maximum principal and. interest due in any year principal and interest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilized. -31- AHLERS. COONEY• DORWEILER• ALLEEE h HAYNIE, LAWYERS, DES MOINES, IOWA 9 For the purpose of this ordinance, the fiscal year shall be the calendar year, and interest and principal due on January 1 shall be considered obligations of the immediately preceding fiscal year. The interest payment dates for all such additional bonds shall be semiannually on January 1 and July 1 of each year and the principal maturities of such additional bonds shall be on January 1 of the year in which any such principal is scheduled to become due. The additional bonds (sometimes herein referred to as "permitted" to be issued), the issuance of which is restricted and conditioned by this section, shall be understood to mean bonds secured and payable on a parity with the bonds herein specifically authorized, and shall not be deemed to include other obligations, the security and source of payment of which is subordinate and subject to the priority of the requirements in favor of the bonds herein authorized to be issued. Provided, further, that additional bonds shall not be issued which rank on a parity with the 1964 Bonds unless the conditions and requirements of Section 15 of said Ordinance Number 2289 are complied with and fully performed. Section 16. The provisions of Ordinance Number 2289 of the City of Iowa City, Iowa, adopted by this Council on June 19, 1964, are hereby recognized, ratified and confirmed. Until such time as all of the 1964 Bonds are paid or due and sufficient provision has been made for their payment all provisions thereof shall inure to and constitute the security for the payment of the principal and interest of the Series 1969 Bonds; and all provisions herein set forth are intended to and shall augment and extend the provisions of said Ordinance with respect to the bonds issued hereunder and -32- AHLERS. COONEY. DORWEILER. ALLHEE G HAYNIE. LAWYERS. DES MOINES. IOWA all bonds outstanding, and shall be so construed. While the 1964 Bonds are outstanding the provisions of said Ordinance shall apply and control in the event of any conflict with any provision herein contained. Section 17. Said City covenants and agrees that so long as any of the bonds herein authorized are outstanding it will not establish other public motor vehicle parking facilities within the City unless such additional facilities are included and constitute a part of the public motor vehicle parking facilities system as contemplated by this ordinance and are operated on a revenue producing and self- liquidating basis, so that the net revenues from such add- itional facilities will be available for payment into the Sinking Fund as herein provided. The City covenants and agrees that upon completion of any structural parking facilities constituting any part of the system that it will procure and carry to the extent available fire and extended coverage and vandalism and malicious mischief insurance on each such structure in an amount equal to at least eighty per cent of the insurable value thereof, and also will procure and carry to the extent available use and occupancy or business interruption insurance on such structural parking facilities in an amount sufficient to pay eighty per cent of the estimated net revenues therefrom for a period of one year. The proceeds of insurance received from loss or damage to the structural parking facilities shall be used to replace or repair the property lost or damaged, and the proceeds of use and occupancy or business interruption insurance shall be classified and treated as --33- AHLERS. COONEY. DORWEILER. ALLEEE a HAYNIE, LAWYERS. DEs MOINES. IOWA U net off-street parking revenues. The City further covenants and agrees to carry public liability and property damage insurance in the operation of the public motor vehicle parking facilities system in amounts not less than those recommended from time to time by a consulting engineer employed for that purpose. The costs of all the foregoing insurance shall be classified and paid as an expense of operation and maintenance. Section 18. The provisions of this ordinance shall constitute a contract between the City of Iowa City and the holders of the bonds herein authorized to be issued, and after the issuance of any of the bonds no change, variation, or alteration of any kind of the provisions of this ordinance may be made in any manner except as hereinafter in this section provided until such time as all of said bonds issued hereunder and the interest thereon have been paid in full. In the event that it shall appear desirable and to the advantage of both the City and the holders of the revenue bonds the City may propose modifications, alterations and . amendments of this ordinance in the following manner: The City Council shall adopt an ordinance modifying, altering or amending this ordinance, but providing therein that said ordinance shall not become effective unless and until it has had the approval of the holders of the revenue bonds as hereinafter set out. Immediately upon adoption of said ordinance the City Council shall set a time and place for and call a meeting of the holders of the revenue bonds, which place so designated shall be in the City of Iowa City, Iowa. Notice of the time and place of the meeting and in -34- AHLERS. COONEY. DORWEILER, ALL3EE & HAYNIE. LAWYERS, DES MOINES, IOWA U general terms the matters to be. submitted thereat shall be given to the holders of the revenue bonds in the following manner: (a) Not less than fifteen days prior to the date set for the meeting a copy of the notice shall be mailed to,each of the holders of revenue bonds registered as to principal at the address appearing on the registration books and also to the original purchaser or purchasers of the revenue bonds; (b) Notice of such meeting shall also be published in at least two issues of (1) a newspaper or financial journal of general circulation published in the City of Chicago, Illinois, and (2) a newspaper of general circulation published in the City of Iowa City, Iowa; the first of each such publications to be made not less than fifteen (15) days prior to the date set for the meeting and the second of such publications to be made not less than seven (7) days nor more than ten (10) days prior to the date set for such meeting.. At such meeting there shall be submitted to the holders of the revenue bonds for their approval the ordinance there- tofore adopted proposing the modification, alteration or amendment. All holders of revenue bonds for account of the public motor vehicle parking facilities system of the City out- standing at the time of such meeting and secured by the Sinking Fund hereinbefore created shall be entitled to vote thereat and attendance at such meeting may be in person or by proxy. Each person seeking to attend or vote at any such meeting must, if required, produce such proof of -35- AHLERS, COONEY. DORWHILER, ALLREE a HAYNIE. LAWYERS, DES MOINES. IOWA r r I ownership of revenue bonds or of personal identity as shall be satisfactory to the inspectors of votes. Every proxy shall be signed by the holder of revenue bonds or by his duly authorized attorney, shall identify the revenue bonds re- presented thereby, and shall be witnessed, and its genuine- ness, if questioned shall be established to the satisfaction of the inspectors of votes. The holders of revenue bonds and the holders of proxies present shall, by a majority vote, irrespective of the amount of revenue bonds represented by them, select two persons from those present to act as inspectors of votes, who shall count all votes cast at such meeting and who shall make and file with the Secretary of the meeting their verified written report in duplicate of all such votes so cast at said meeting. The holders (or persons entitled to vote the same) of not less than seventy-five per cent in principal amount of the revenue bonds entitled to be voted at any such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, less than a quorum, however, having power to adjourn. Any such modifications, alterations or amendments of this ordinance, or of any rights and obligations of the City, or of the holders of the revenue bonds in any particular, may be approved at such meeting or at a due adjournment thereof and held in accordance with the provisions of this section, but only by a resolution duly adopted by the affirmative vote, in person or by proxy, of the holders (or persons entitled to vote the same) of sixty per cent or -36- AHLERs. COONEY. DORWEILER. ALLSEE @ HAYNIE. LAWYERS. DES MOINES. IOWA more in aggregate principal amount of the revenue bonds entitled•to be represented at such meeting; provided, how- ever, that no such modifications, alterations or amendments shall be made which will (a) permit an extension of the time of payment at maturity of the principal of or payment of the interest on any revenue bond, or a reduction in the amount of principal or the rate of interest thereon without written consent of the holder thereof, or (b) reduce the percentage of holders of revenue bonds required by the provisions of this section for the taking of any action under this section. A record of the proceedings of each such meeting prepared and certified by the Secretary of the meeting and having attached thereto an original counterpart of the report of the inspectors of votes and affidavits of mailing and pub- lication of the notice of the meeting shall be filed with the City Clerk, and thereupon without further action the proposed modifications, alterations and amendments, as aforesaid, shall become effective, but otherwise shall be null and void. Section 19. If any section, paragraph, clause or provisions of this ordinance shall be held invalid the invalidity of such section, paragraph, clause or provision, shall not affect any of the remaining provisions of this ordinance. Section 20. All ordinances, resolutions and orders, or parts thereof in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. -37- AHLERS. COONEY. DORWEILER. ALLLEE a HAYNIE. LAWYERS. Drs IVIO1NEs. IOWA Section 21. That there be printed on the back of each bond herein authorized to be issued, if requested by the purchaser, a copy of the legal opinion of Ahlers, Cooney, Dorweiler, Allbee & Haynie, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk, certifying the same as being a true copy thereof, said certificate to bear the facsimile signature of said Clerk. Section 22. That this ordinance shall be in full force and effect immediately upon its adoption, approval and publication as provided by law. Adopted this 21st day of October , 1969, by the City Council of the City of Iowa City, Iowa. V�v �//Z' Mayor Clement Brandt Lee Butherus Robert Lind Councilmen ATTEST: City -Clerk Presented by the undersigned to the Mayor of said City for his signature and approval this 21st day of October 1969. City" Clerk Appr'o/` ve�d OAber 21 , 1969 Mayor ATTEST: / City Clerk aw-M AI'ILERS. CooNEY, DORW FILER. ALLHEE & HAYNIE. LAWYERS. DES MOINES, IOWA f I • A � Section 21. That there be printed on the back of each bond herein authorized to be issued, if requested by the purchaser, a copy of the legal opinion of Ahlers, Cooney, Dorweiler, Allbee & Haynie, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk, certifying the same as being a true copy thereof, said certificate to bear the facsimile signature of said Clerk. Section 22. That this ordinance shall be in full force and effect immediately upon its adoption, approval and publication as provided by law. Adopted this 21st day of October , 1969, by the City Council of the City of Iowa City, Iowa. V�v �//Z' Mayor Clement Brandt Lee Butherus Robert Lind Councilmen ATTEST: City -Clerk Presented by the undersigned to the Mayor of said City for his signature and approval this 21st day of October 1969. City" Clerk Appr'o/` ve�d OAber 21 , 1969 Mayor ATTEST: / City Clerk aw-M AI'ILERS. CooNEY, DORW FILER. ALLHEE & HAYNIE. LAWYERS. DES MOINES, IOWA f I ORDINANCE NO.. 2538 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIB TO R2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA: Section 1. 'The property described below is hereby reclassified from its present classification of RIB to R2 Zone, and the boundaries of R2 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: Lots 7 and 8 in Block 12 in East Iowa City, Iowa, according to the recorded plat thereof. (Bradford Drive, between 2nd & 3rd Aves.) Section 2.. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Butherus and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind Passed and approved this 21st day ATTEST: City Clerk 3) yc>cu-)- ApiopCllflq 13v fJ7_ seconded by there Caere: AYES: NAYS: X �FC X X Connell that ABSENT: of October 19G`9 Mayor lst Reading 7 e 2nd Reading 3rd Reading ORDINANCE NO. 2539 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, PROHIBITING THE PARKING OF MOTOR VEHICLES ON MEDIA14 STRIPS WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA, PROVIDING FOR THE ENFORCEMENT AND PENALTIES FOR THE VIOLATION HEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE The purpose of this Ordinance is to prohibit the parking of motor vehicles on median strips within the corporate limits of the City of Iowa City,•Iowa, and to declare the violation of this Ordinance to be a misdemeanor and to provide for the enforcement thereof. SECTION II DEFINITION. For the purposes of this Ordinance, median strip shall be defined as follows: Median Strip. That portion of the street right-of-way designed and improved for pedestrian or park use, located within the street right-of-way and which has improved lanes for traffic on either side and which is not a part of the roadway improved or set aside for vehicular traffic, whether or not the same may be improved through the construction of curbing. SECTION III MISDEMEANOR. It shall be a misdemeanor within the corporate limits of the City of Iowa City, Iowa, for any person to operate or park a motor vehicle upon the median strip within the corporate limits of the City of Iowa City, Iowa. SECTION IV PENALTIES. Any person violating any of the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than one -hundred dollars ($100.00) plus costs, in all cases, or imprisonment for not more than thirty (30) days. SECTION V REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect upon its final passage, approval and publication as required by law. It was moved by Butherus and seconded by Connell Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ist Reading _'C -7-'_- q - ,2nd Reading Attest City Cly k Brandt Butherus Connell Hickerson Lind that the 3rd Reading 16-21-62 1 �J MAYOR 4 ORDINANCE NO. 2540 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A to RIB Zone. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. .The property described below is hereby reclassified from its present classification of R1A to RIB Zone, and the boundaries of the RIB Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: TRACT "A" Coimncnciug at the Northeast corner of. the South- west Quarter Of: the Northeast Quarter of Section Seventeen (1.7), Township Seventy-nine (79) North, Range Sir (6), West of the 5th PM; thence South along the Quarter -Quarter. Section line 1060.0 feet to the point of bogi.nning; thence North Soo 35' West 214.4 feet-; thence South 30 55' West 111.3 feet; thence North 860 00' West 1.09.4 feet; thence South 30 14' Went, 164.4 feet to the center line of the public highway; thence East along center line of said public highway 343.0 feet to the Quarter-Qua-rtar. Section line; thence North 269.0 feet to the point: of beginning; containing 1.80 acres more or less including the right: of way in highway or 1.55 more or Less exclusive of said Right - of --Way; except commencing at the Northeast corner of the Ilk of the NEE of Section 17, T79N, R6W of the 5th Principal Aridi.an; thence South, 1060.00 feet; thence. N 880-35' 00" W, 257.70 feet; thence South, 108.26 feet to the point of beginning; thence N 860 00' 00" W, 43.56 feet; thence S 40 14''00" ail, 164.45 feet; thence S 830 51' 00" E, 55.61 feet; thence North 162.08 feet: to the point of beginning, said tract containing 0.19 acres more or less, including highway right--of-vay. TRACT "B" A tract of land containing 0.18 acres, pore or less described as follows: Commencing at the Northeast corner of the Kk of the NQ of Sectio;? 17, Twp. 79 North Range 6 West of the 5th'P.M.; thence South, 1060.00 feet; thence North 8£'0 35' 00" West., 237.70 feet t:0 the point Of beginninS; thence South 10.4.2 feet; theace-South 360 00' 00" East, 65.84 feet; thence North 30 55' 00" East, 111.30 feet; theac.e. North 880 35' 00" :)est, 73.30 feet to the point cf beginning, and subject to casements and restrictions Of record. Excluding from the above Tract: "A" the East 66 feet. Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of. Iowa City, Iowa, to conform to this amend- ment- upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowl, upon final passage, approval and publication as provided by law. It was moved by Lind and seconded by _ Brandt that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt- g Butherus _ Connell{ Hickerson _ g Lind % -- -- Passed and approved this 21st day of. _October —> 1J6 9 Mayor ATTEST: City -Clerk 1st Reading IC- I.O. 2nd Reading Lr, - - -t,c; T. d 3rd Reading ;p "- 4 .. W ccn,-Appvc,`ed by N2. ORDINANCE NO. 2541 AN ORDINANCE AMENDING ORDINANCE 2381 BY DESCRIBING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA, AND REPEALING CERTAIN ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. Ordinance No. 2381 is hereby amended by adding the following described territory to the First Ward Fourth Precinct and the Third Ward Second Precinct, as follows: First Ward Fourth Precinct also shall include all territory annexed to the City of Iowa City, by Court decree entered on October 14, 1969, west of the corporate limits of Iowa City as they existed prior to October 14, 1969. Third Ward Second Precinct also shall include all territory annexed to the City of Iowa City by Court decree entered on October 14, 1969, north of the corporate limits as they existed prior to October 14, 1969, east of the Iowa River. SECTION 1I. REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage approval and publication as provided by law. It was moved by Butherus and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus X Connell X Hickerson X Lind Passed and approved this 21st day of October 1969. O—Z Mayor ATTEST: •� 1'- /S' • - � City Clerk 1st Reading T C 2nd Reading 3rd Reading t e ORDINANCE NO. 2542' AND ORDINANCE AMENDING THE PROVISIONS OF ORDINANCE NO. 2537 WITH RESPECT TO THE TERMS OF $300,000.00 PARKING FACILITIES REVENUE BONDS OF'THE CITY OF IOWA CITY, IOWA, AUTHORIZED THEREUNDER WHEREAS, the Council of the City of Iowa City, Iowa, did heretofore on October 21, 1969, adopt Ordinance No. 2537, "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $300,000.00 PARKING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF CHAPTER 390 OF THE CODE OF IOWA, AS AMENDED, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING ADDITIONAL OFF-STREET MOTOR VEHICLE PARKING FACILITIES IN AND FOR SAID CITY"; and WHEREAS, the Council deems it advisable and necessary that Section 15 of said Ordinance be amended in order to more clearly state the circumstances and conditions under which additional bonds may be issued, ranking on a parity with the bonds authorized by.said Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. That Section 15 of Ordinance No. 2537, "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $300,000.00 PARKING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF CHAPTER 390 OF THE CODE OF IO?^IA, AS AMENDED, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING ADDITIONAL OFF-STREET MOTOR VEHICLE PARKING FACILITIES IN AND FOR SAID CITY" adopted by the City Council of the City of Iowa City, Iowa, on October 21, 1969, be and the same is hereby amended to provide as follows: -A- AIILERS. COONEY. DORP/EILSR. ALLOSE,; HAYNIE. LAWYERS. D_G MOIN=O. 10VIA G "Section 15. The bonds authorized to be issued here- under and from time to time outstanding together with the 1964 Bonds shall not be entitled to priority one over the other in the application of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issuance, it being the intention that there shall be no priority among the bonds authorized to be issued under the provisions of this ordinance, regardless of the fact that they may be actually issued and delivered at different times. The City hereby reserves the right and privilege of issuing additional bonds from time to time payable from the income and revenues of said public motor vehicle parking facilities system ranking on a parity with the bonds herein authorized in order (1) to refund any revenue bonds issued for account of the parking system, or (2) to pay the costs of further additions, extensions or improvements to the system within said City; provided, that before any such additional bonds ranking on a parity may be so issued for such additions, extensions or improvements there shall have been procured and filed with the City Clerk a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon necessary investigations that the City has substantially performed its obligations with respect to maintenance of the various funds required under this ordinance and that the aggregate net off-street parking revenues and net on -street parking revenues as defined in this ordinance, adjusted to reflect income in accordance with rates in effect on the date of said statement, for the last completed fiscal year -4- AHLEns. Coo:;EY. Don19EILEn. ALLSEE [< W,)'tur. LA%v YEF.S, DES Mmyr:E9, Iom immediately preceding the issuance of such additional bonds when added to the estimated average annual net revenues to be'derived from improvements authorized and to be constructed in whole or in part from the proceeds of the bonds then proposed to be issued within the first two full fiscal years of operation (as estimated by a nationally recognized firm of consulting engineers employed by the City for that purpose), was equal to at least .1600 of the maximum amount that will become due for both principal and interest on the bonds then outstanding and the bonds then proposed to be issued in any fiscal year prior to the longest maturity of any of the then outstanding bonds. Bonds issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be subject to the restrictions hereinbefore set forth in this section provided the bonds being refunded mature within three months of the date of such refunding and no other funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to said restrictions, and in computing the maximum principal and interest due in any year principal and interest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilized. For'the purpose of this ordinance, the fiscal year shall be the calendar year, and interest and principal due on January 1 shall be considered obligations of the immediately preceding fiscal year. The interest payment dates for all such additional bonds shall be semiannually on January 1 and July 1 of each year and the principal _.5.. AHI.EF.s. COot:EY. DOR'.YEILER. ALL^EE G HAYNIE. LAWYERS. Den MOINES. IOWA I maturities of such additional bonds shall be on January 1 of the year in which any such principal is scheduled to become due. The additional bonds (sometimes herein referred to as "permitted" to be issued), the issuance of which is restricted and conditioned by this section, shall be understood to mean bonds secured and payable on a parity with the bonds herein specifically authorized, and shall not be deemed to include other obligations, the security and source of payment of which is subordinate and subject to the priority of the requirements in favor of the bonds herein authorized to be issued. Provided, further, that additional bonds shall not be issued which rank on a parity with the 1964 Bonds unless the conditions and requirements of Section 15 of said Ordinance Number 2289 are complied with and fully performed." PASSED AND APPROVED this 10th day of " November 1969. Mayor l ATTEST: City Clerk' Published in Ioi2a City Press Citizen ' on the 17th day of November' , 1969. -6 AHLrrs. COONEY. DORYl EILEH. ALLEEE V. IiAYNIE. L-AwyErzs. DES MoiNES, 197/A ORDINANCE NO. 2542 A AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM M1 TO C2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of the MI Zone to the C2 Zone and the boundaries of the C2 Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The area on either side of Gilbert Street bounded by the North line of the C.R.I. & P. Railroad on the south; the present C2, R3B and CB Zones on the west; the present C2 Zone on the north; the present R3A Zone on the east, extended south to the north line of the C.R.I. & P. Railroad. Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Lind and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind Passed and approved this 18th seconded by — there were: AYES: NAYS: ABSTAINING X X X Connell ABSENT: x that day of November 1969 Mayor ATTEST: ( ( C• < t_? Deputy City Clerk G f :7,,. l 1 t-I-,j,j"p• •r..i l.I fill. First Reading Second Reading Third Reading ORDINANCE NO. 2543 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM M1 to R3A Zone. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of M1 to R3A Zone, and the boundaries of the R3A Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the following property, to -wit: The area between Gilbert St., Bowery Street, Dodge Street and the C.R.I. & P. Railroad bounded on the South by the North line of the C.R.I. & P. Railroad; on the west by the present M1 zone extended south to the north line of the C.R.I. & P. Railroad; on the north and east by the present R3A Zone. Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. 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, approval and publication as provided by law. It was moved by Lind and the Ordinance be adopted and upon roll call Brandt Butherus Connell Hickerson Lind seconded by _ there were: AYES: NAYS X X X X Connell that ABSENT: X Passed and approved this 18th day of November 196 9 . n y— Mayor ATTEST:_�/1 First Reading Deputy City Clerk G' Second Reading ii i <•9 c' Third Reading 11- i SC- (ani To. DRAFT ORDINANCE NO. 2544 AN ORDINANCE PROVIDING FOR THE ISSUING, SUSPENSION AND REVOCATION OF PERMITS TO FOOD -SERVICE ESTABLISHMENT OPERATORS AND REQUIRING COMPLIANCE WITH THE REGULATIONS OF THE BOARD OF HEALTH OF JOHNSON COUNTY, IOWA, AND REPEALING CHAPTER 4.12 OF THE RESTAURANT REGU- LATIONS OF THE MUNICIPAL CODE OF THE CITY OF I014A CITY, IOWA, AND PROVIDING FOR THE ENFORCEMENT OF AND PENALTIES FOR THE VIOLATION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to provide for the protection of the health and welfare of the citizens of the City of Iowa City, Iowa, and to provide for the issuing, suspension and revocation of permits to food -service establishment operators and to require compliance with the regula- tions of the Board of Health of Johnson County, Iowa. ECTION II DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of the Ordinance: 1. BOARD means the Board of Health of Johnson County, Iowa, or its authorized agent. 2. COUNCIL means the City Council of Iowa City, Iowa. 3. CITY means Iowa City, Iowa. 4. PERSON shall mean and include any individual, firm, corporation, association or partnership. SECTION III PERMITS. 1. It shall be unlawful for any person who does not possess a permit from the Council to operate within the City a food -service establishment as de- fined by Regulation Number 4 of the Board governing food -service establishments. 2. Only a person who complies with the regulation of the Board governing food -service establishments shall be entitled to receive and retain such permit. Ordinance No. 2544 Permits shall not be transferable with respect to persons and locations. 3. Each food -service establishment operator shall make application for a permit on forms supplied by the City Manager or his authorized agent. 4. The City Manager may, by agreement with the Board, provide for the administration of this Ordinance by the Board. SECTION IV MISDEMEANOR. Any person who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Hundred (,$100.00) Dollars, and/or such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. SECTION V SAVINGS CLAUSE If any provision of this Ordinance or the applica- tion thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION VI REPEALER. Chapter 4.12 of the Municipal Code of Iowa City, Iowa, entitled Restaurant Regulation, and all ordinances or parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Butherus and seconded by Connell that the Ordinance as read by adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Butherus x Connell x Hickerson x Lind Mayor ORDINANCE NO. 2545 AN ORDINANCE PROVIDING FOR THE ISSUING, SUSPENSION AND REVOCATION OF PERfITS TO MILK PRODUCERS, HAULERS AND DISTRIBUTORS AND REQUIRING COMPLIANCE WITH THE REGULA- TIONS OF THE BOARD OF HEALTH OF JOHNSON COUNTY, IOWA, AND REPEALING CHAPTER 4.02 OF THE MILK REGULATIONS OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR THE ENFORCEMENT OF AND PENALTIES FOR THE VIOLATION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to provide for the protection of the health and welfare of the citizens of the City of Iowa City, Iowa, and to provide for the issuing, suspension and revocation of permits to milk producers, haulers and distributors and to require compli- ance with the regulations of the Board of Health of Johnson County, Iowa. SECTION II DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of the Ordinance: 1. BOARD means the Board of Health of Johnson County, Iowa, or its authorized agent. 2. COUNCIL means the City Council of Iowa City, Iowa. 3. CITY means Iowa City, Iowa. 4. PERSON shall mean and include any individual, firm, corporation, association or partnership. SECTION III PERMITS. 1. It shall be unlawful for any person who does not possess a permit from the Council to bring into, send into or receive into the City or its police jurisdiction, for sale or to sell, or offer'for sale therein, or to have in storage any milk or milk products as defined by Regulation Number 3 of the Board governing milk and milk products: Provided, that grocery stores, restaurants, soda fountains and similar establishments where such milk or milk products are served or sold at retail, but not processed are exempt from the requirements of this section. 2. Only a person who complies with the regulation of the Board governing milk and milk products shall be entitled to receive and retain such permit. Permits shall not be transferable with respect to persons and locations. 3. Each milk producer, milk hauler and milk distributor shall make application for a permit on forms supplied by the City Manager or J Ordinance No. 2545 his.authorized agent. 4. The City Manager may, be agreement with the Board, provide for the administration of this Ordinance by the Board. SECTION IV MISDEMEANOR. Any person who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Hundred ($100.00) Dollars, and/or such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. SECTION V SAVINGS CLAUSE. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION VI REPEALER. Chapter 4.02 of the Municipal Code of Iowa City, Iowa, entitled Milk Regulation, and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. V It was moved by Lind and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Butherus x Connell x_ Hickerson Lind MAYOR Attest: �C-!✓C �T�_ �� Deputy City Clerk 1st Reading 1V -7-C, 7.ci 2nd Reading ill .'_! - L4 1. u. 3rd Reading 11-18-69 J (, Passed and approved this 1Rrhday of . November , A.D., 1969. I O:IJ ORDINANCE NO. 2546 An ordinance establishing the centerline grade of certain streets in Iowa City, Iowa. Be it ordained by the City Council of Iowa City, Iowa: Section I The elevation in feet above the city datum' -plane is hereby established for the following streets: Definition: P.C. denotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical parabolic curve P.I. denotes the point of intersection of two street grade lines A. Dodge Street Elevation Station 89 + 52.75 = Centerline of Kirkwood Ave. Station 90 + 00 107.03 Centerline of 100.34 Station 90 + 91 = P.C. centerline 103.62 Station 91 + 41 = P.I. 106.30 105.42 Station 91 + 91 = P.T. 100 106.12 Station 92 + 83 = P.C. Dodge 107.41 Station 93 + 33 = P.I. the 108.11 Station 93 + 42 = Centerline of Walnut St. Station 93 + 83 = P.T. 107.61 Station 94 + 92 = P.C. 106.52 Station 96 + 42 = P.I. 105.02 Station 96 + 87.27 = Centerline of Page St. Station 97 + 92 = P.T. 114.02 Station 98 + 00 = P.C. 114.50 Station 99 + 75 = P.I. 125.00 Station 101 + 50 = P.T. 112.75 Station 102 + 02 = P.C. 109.11 Station 103 + 27 = P.I. 100.36 Station 104 + 52 = P.T. 99.46 Station 106 + 00 98.39 Station 106 + 56.09 = Centerline of Bowery St. B. Walnut Street 85 feet west of the centerline of Dodge Street 107.03 Centerline of Dodge Street Street 107.82 75 feet east of the centerline of Dodge Street 107.74 C. Page Street 200 feet west of the centerline of Dodge Street 104.03 100 feet west of the centerline of Dodge Street 106.30 Centerline of Dodge Street 109.00 100 feet east of the centerline of Dodge Street 105.89 200 feet east of the centerline of Dodge Street 103.81 Section II REPEALER All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section III Effective Date This ordinance shall be in effect after its final passage, approval and publication as provided by law. 1, It was moved by Butherus and seconded by _ Lind _ that the ordinance as read be adopted, and upon roll call there were: Ayes: Brandt, Butherus, Connell, Hickerson & Lind. Nays: None Absent: None Passed and approved this 2nd day of December 1969. Mayor ATTEST: City Clerk