Loading...
HomeMy WebLinkAbout1971 Ordinance BookORDINANCES 1971 #2578 - 2606 2578 Ord. Amend Municipal Code by Adopting 1970 Edition of the Uniform Building Code. 2579 Ord. Rezoning Northwestern Bell Telephone Bldg. from C2 and R3B Zone to CB Zone. 2580 Ord. Providing for the Reconstruction of an Underpass and the Approaches Thereto on Maiden Lane. 2581 Ord. Vacate Street South of Park Road Bridge. 2582 Ord. Rezoning Lot 1, Block 1, Towncrest Add'n, Part 2, from R3A to R3B Zone. 1/5/71 2/2/71 2/16/71 3/2/71 2583 Ord. Establishing the Legal Holidays for the City of Iowa City.3/16/71 2584 Ord. Assuming the Charge, Custody and Control of all Trees and Shrubbery Upon the Streets and Public Property; Regulating the Planting and Maintenance of Said Trees; Establishing the office of City Forester and the Division of Forestry and Prescribing the Forester's Duties and Authority, etc. 2585 Ord. Amend Municipal Code by Providing Guidelines Concerning 4/6/71 Electrical Materials, Installation and Repair of Same. 2586 Ord. Delegating to and Conferring on Iowa -Illinois Gas & Elec- tric Co the Power to Appropriate and Condemn Private Property with the City of Iowa City for the Purpose of Constructing, Maintaining and Operating an Electric Transmission Line. 2587 Ord. Adopting the Uniform Building Code, Volume IV, Dangerous 4/20/71 Buildings. 2588 Ord. Defining Disorderly Conduct in Iowa City. 5/18/71 2589 Ord. Establishing a Planned Area Development in Iowa City - 6/1/71 Arborhill Add'n. 2590 Ord. Establishing the Centerline Grade of Benton St., 2595 Ord. Rezoning Oakwoods Add'n, Part VI, from R1A to RIB Zone. 2596 Ord. Rezoning Lot 11, Conway's Add'n, from R1A to R2 Zone. 8/17/71 2597 Ord. Rezoning Lot 1, Block 3, D.A. Dewey's Add'n, from 9/7/71 R2 to R3 Zone. 2598 Ord. Amend Municipal Code Sections Establishing a Human Rela- tions Commission in Iowa City. 2598A Ord. Rezoning Mt. Prospect Add'n, Part II, from R1A to RIB 9/21/71 Zone. 2599 Ord. Granting a Right -of -Way Across Benton St. to the 10/5/71 Iowa Electric Light and Power Co. Operating the CRI&P. Lafayette St., Mormon Trek Blvd., and an Alley, Block 7, Lyon's 2nd Add'n. 2591 Ord. Amend Municipal Code Sections Establishing the Rules of Procedure and the Election of Mayor Pro -Tem. 2592 Ord. Amend Municipal Code Sections Establishing the Legal 6/6/71 Department for Iowa City, and Establishing the Office of the City Attorney and Providing for the Appointment of Assistant City Attorneys, etc. 2593 Ord. Rezoning Thatcher property from R1A to Cl Zone. 7/6/71 2594 Ord. Establishing Procedure for the City Council to Estab- 7/20/71 lish Bicycle Paths in Iowa City. 2595 Ord. Rezoning Oakwoods Add'n, Part VI, from R1A to RIB Zone. 2596 Ord. Rezoning Lot 11, Conway's Add'n, from R1A to R2 Zone. 8/17/71 2597 Ord. Rezoning Lot 1, Block 3, D.A. Dewey's Add'n, from 9/7/71 R2 to R3 Zone. 2598 Ord. Amend Municipal Code Sections Establishing a Human Rela- tions Commission in Iowa City. 2598A Ord. Rezoning Mt. Prospect Add'n, Part II, from R1A to RIB 9/21/71 Zone. 2599 Ord. Granting a Right -of -Way Across Benton St. to the 10/5/71 Iowa Electric Light and Power Co. Operating the CRI&P. ORDINANCES 1971 #2578 - 2606 2600 Ord. Amend Personnel Code of Iowa City by Allowing Board 10/5/71 and Commission Members to Participate in Political Activity. 2601 Ord. Rezoning Plum Grove Acres near Lemme School, from R1A 10/19/71 to R1B Zone. 2602 Ord. Rezoning Lot 10, Conway's Add'n, from R1A to R2 Zone. 2603 Ord. Establishing the Requirements for Unverground Electrical Distribution Lines and Telephone Distribution Lines, etc. 2604 Ord. Establishing the Iowa City Area Social Concerns Comm., 12/7/71 the Memberships and Duties and Responsibilities. 2605 Ord. Regulating the Sale and Consumption of Beer and Liquor, 12/21/71 etc. 2606 Ord. Establishing and Describing Voting Precincts within 12/27/71 the Corporate Limits of Iowa City, and Repealing Ord. #2381, 2427, and 2541. ORDINANCE. NO. 2578 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY, IOWA, OF 1966 BY ADOPTING VOLUME I AND STANDARDS OF THE 1:70 EDITION OF THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; TO PROVIDE FOR TILE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; TO REPEAL SECTION 9.02 AND SECTION 9.06 OF THE 1966 MUNICIPAL, CODE AND ORDINANCE NO. 2412 AND 2524 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 1970 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 Section 9.02 and Section 9.06 of the 1966 Municipal Code and Ordinance No. 2412 and 2524 and all other 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 1970 Edition of the Uniform Building Code, Volume I 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 III AMENDMENTS. The 1970 Edition of the Uniform Building Code, edited by the International Conference of Building Officials, Volume I 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 1970 Edition of the Uniform Building Code, Volume I, is hereby excluded and not adopted as a portion of said Uniform Building Code for the City of Iowa City, Iowa. 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 -2 - Ordinance No. 2578 expense to the City of Iowa City of having said plan checked. 3) 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. 4) Section 1714 is hereby amended by adding the following thereto: Guardrails for single family usage in H & I occupancy may be not less than 36 inches high. SECTION IV APPLICABILITY. Nothing in this Ordinance or in the Uniform Building Code hereby adopted shall be construed to affect any suit or proceed- ing not pending in any Court of 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 Uni- form 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 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 altering said building or structure, directing discontinuance of such violation and the remedying of the erection, construction, alteration or repair that 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 -3 - Ordinance No. 2578 of work thereon, or to restrain or correct the erection or alteration 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 requirements 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 provision of requirement of this Ordinance or the Uniform Building Code adopted here- by, 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: I. 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 structure 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 any- thing in violation of this Ordinance or the Uniform Building Code adopted hereby, shall be placed or shall exist, who knowingly permits 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, -4 - Ordinance No. 2578 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) That copies of the Uniform Building Code and the adopting Ordinance setting forth the additions, limitations and modifications thereto are avail- able for inspection and sale at the Office of the City Clerk. 2) That copies of the Uniform Building Code and the adopting Ordi- nance setting forth the addition, 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 Municipal Code and Ordinance No. 2412 and 2524 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 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 jursidiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or the Ordinance adopt- ing 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 and publication as provided by law. -5 - Ordinance No. 2578 It was moved by Connell and seconded by Brandt Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt g But-herus g Connell g Hickerson X White Attest: City Clerk Y 1st Reading /.�Z 2nd Reading 3rd Reading that the I1YTFV 7 1 Passed and approved this 5th day of January A.D., 197 -OX ly I1YTFV 7 1 Passed and approved this 5th day of January A.D., 197 -OX IF ORDINANCE NO. 2579 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM C2 AND R3B 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 & R3B zone and the boundaries of CB zone as indi.:ated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Lot 7, and Lot 8 except the South 33 feet thereof, both of Johnson Subdivision of Out Lot 24, Iowa City, Iowa, according to the recorded plat thereof. Lot 9 except the North 1 foot thereof in Johnson Subdivision of Out Lot 24, Iowa City, Iowa, according to the recorded plat thereof. The South 33 feet of Lot 8 of Johnson Subdivision of Out Lot 24, Iowa City, Iowa, according to the recorded plat thereof, together with all easements thereto, and including the North 1 foot of Lot 9 of said Out Lot 24. (Northwestern Bell Telephone Bldg., 302 S. Linn) 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 White and seconded by Butherus that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Butherus X Connell X Hickerson X White X Passed and approved this 2nd day of February 19 il. Mayor ATTEST: City Clerk First Reading Second Reading-, Third Readine ORDINANCE NO. 2580 AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF AN UNDERPASS AND THE APPROACHES THERETO ON MAIDEN LANE STREET IN IOWA CITY, IOWA, UNDER THE TRACKS AND RIGHT- OF-WAY OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, DETERMINING THAT THE SAME IS NECESSARY FOR THE SAFETY AND PROTECTION OF THE PUBLIC AND PROVIDING FOR THE WIDTII, HEIGHTH AND SIZE OF THE UNDERPASS AND APPROACHES THERETO, AND THE MANNER OF CONSTRUCTION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE, The purpose of this Ordinance is to provide for the reconstruction of an underpass and the approaches thereto on Maiden Lane Street in Iowa City, Iowa, under the tracks and right-of-way of the Chicago, Rock Island and Pacific Railroad Company, determining that the same is necessary for the safety and protection of the public and providing for the width, heighth and size of the underpass and approaches thereto, and the manner of construction thereof. SECTION II PUBLIC HEARING. Pursuant to notice served upon the Chicago, Rock Island and Pacific Railroad Company, as required by Chapter 387 of the Code of Iowa, as amended, public hearing has been duly held in the Council Chambers of the Civic Center in Iowa City, Iowa, at 7:30 o'clock, P.M. CST, on the 16th day of February, A.D., 1971; at which hearing the Council heard and considered arguments for and against the proposed reconstruction of the Maiden Lane Underpass. SECTION III RECONSTRUCTION. It is hereby determined that the reconstruc- tion of the Maiden Lane Underpass, under the Chicago, Rock Island and Pacific Railroad Company's tracks and right-of-way, is necessary for the safety and protection of the public. SECTION IV CONSTRUCTION. Said underpass shall be constructed pursuant to the plans and specifications prepared by Powers -Willis & Associates now on file in the Office o: the City Clerk of Iowa City, Iowa, and placed on file in the Office of the City Clerk of Iowa City, Iowa, on the 19th day of January, A.D., 1971. The street approaches to said underpass shall be concrete paving, forty- five (45) feet in width, back-to-back of curb, the heighth of the underpass shall give at least sixteen (16) feet in clearance. The underpass itself shall be of concrete and steel construction and shall be one hundred eighteen (118) feet long and forty (40) feet wide, and shall comply with all regulations of appropriate governmental agencies, including the Interstate Commerce Commission and the Iowa Commerce Commission. -2 - Ordinance No. 2580 SECTION V DIVISION OF CONSTRUCTION WORK. It is hereby determined that the reconstruction work shall be performed in substantial accordance with the plans and specifications and shall be divided between the City of Iowa City, and the Chicago, Rock Island and Pacific Railroad Company, as follows: A. Work by the City. The City will remove the present structure and construct the new underpass, the approaches, roadway surfacing, and all other roadway facilities, and shall light the construction site during construction. The work to be performed by the City will be let out to a contractor or contrac- tors or performed by employees or agents of the City. B. Work by the Company. 1. The Company will construct the required temporary timber trestle and such temporary or permanent relocation of its communication and signal facilities, on its right-of-way, as may be required by the construction of the improvement, and the City's contractor shall remove the temporary trestle. All administrative and utility fcosts required by the Company, such as inspection costs and signal and communication costs, shall be borne by the Company, and the Company shall install the relocated main line and siding track work at the under- pass, at its own cost and expense, including the temporary timber trestle. 2. Watchman or Flagman service, as deemed necessary by the Company, to protect the Company's operations and property, will be furnished by the Company and the cost thereof shall be borne by the Company. 3. The Company shall grant appropriate construction easements to the City, as shown in the plans and specifications on file during the construc- tion of the improvement. The Company shall further grant to the City permanent right-of-way easements for the improvement as shown on the plans and specifica- tions, as long as the improvement is used by the City for street purposes. 4. The Company shall retain title to the steel beams in the present structure. SECTION VI NOTICE. Notice directing the Chicago, Rock Island and Pacific Railroad Company to undertake the work required of said Company for the recon- struction of the underpass on Maiden Lane Street, shall be given to the Company by serving a copy of this Ordinance upon the Registered Agent of the Chicago, Rock Island and Pacific Railroad Company for the State of Iowa. 1 -3- Ordinance No. 2580 SECTION VII ENFORCEMENT. The City Manager and the City Attorney are hereby authorized and directed to take all appropriate steps provided by law to insure the compliance by the Chicago, Rock Island and Pacific Railroad Company with the requirements of this Ordinance. SECTION VIII REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IX EFFECTIVE DATE. This Ordinance shall be in effect after its final approval, passage 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 White MAYOR ATTEST: City Clerk r. ., 1st Reading 2nd Reading - ^ - :' 3rd Reading Passed and approved this 16th day of. February , A.D., 1971. V r�' ORDISTANCE S0. 2581 10 AN ORDIIVUXE VACATING STREET SOUTH OF PARK ROAD BRIDGE, BE IT ORDAINED BY THE CITY COUiICIL OF IOUA CITY, IOWA: Section 1. That the street in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: Beginning at the point of intersection of the South line of Park Road and the west bank of'the Iowa River; thence West along the South line of Park Road to its intersection with a line parallel to and 40 feet southerly (measured at right angles) of the centerline of the existing pavement on Park Road; thence easterly along said line parallel to and 40 feet southerly of the centerline of the existing pavement on Park Road to the west bank of the Iowa River; thence Southerly along the west bank of the Iowa River to the point of beginning, retaining an easement over the entire tract for sanitary sewer, storm sewer and water main. (South of Park Road Bridge) Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by White and seconded by Butherus that the Ordinance be adopted, and upon roll call there were: Brandt Butherus Connell Hickerson LXHd White Passed and approved this 2nd ATTEST: �� ���✓ �� ��-� City Clerk AYES: NAYS: ABSENT: R, X X X X day of March , 19rB3.71 S 7 Mayor' / First Reading _ Second Reading Third Reading 2 W/ s ORDINANCE NO. 2582 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 and the boundaries of R3B as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Lot I in Block 1 in Towncrest Addition, Part Two . Revised, to Iowa City, Iowa, according to the recorded plat thereof. Commencing on the centerline of Muscatine Avenue 1,464.42 feet East of the Northwest- corner of the Southwest corner of Section 13, Township 79 North, Range 6 West of the 5th P.M.; thence East 160 feet, thence South 188 feet, thence West 60 feet, thence North 188 feet to the point of beginning. (Directly east of intersection of Muscatine Ave. & Arthur St., on South side of Muscatine.) 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 Brandt and seconded by Connell that the Ordinance be adopted and upon roll call there were: AYES; NAYS: ABSENT: Brandt g Butherus g Connell g Hickerson g White g Passed and approved this 2nd day of _ March , 19 71. ."/!.'Lie �. �• "�/l-/• Mayor First Reading 1'- 7i ! :c ATTEST: Second Reading.; )! City Clerk Third Reading ORDINANCE NO. 2583 AN ORDINANCE ESTABLISHING THE LEGAL HOLIDAYS FOR THE CITY OF IOWA CITY, IOWA, AND REPEALING SECTIONS 2.40.10C AND 6.16.19D AND ENACTING NEW SECTIONS IN LIEU 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 establish certain legal holidays for the City of Iowa City, to conform with the dates of said holidays established by the United States Government. SECTION II AMENDMENT. Section 2.40.10C of the Municipal Code is hereby repealed and the following is enacted in lieu thereof: C. HOLIDAYS. The following days are hereby declared holidays for all City employees and officers with the excep- tion of personnel who are employed on continuous operations: 1. The first day of January (New Years Day) 2. The last Monday in May (Memorial Day) 3. The fourth day of July (Independence Day) 4. The first Monday of September (Labor Day) 5. The fourth Thursday in Novembef (Thanksgiving Day) 6. The twenty-fifth day of December (Christmas Day) In addition, the City Council may also declare annually two (2) additional holidays. When a regular holiday falls on a Saturday, employees will be given the preceding Friday off; when the regular holiday falls on Sunday, the following Monday will be given off. Those employees working on a continuous basis, with the exception of the Fire Department, shall be given hours of compen- satory time off equal to the hours of holiday leave enjoyed by the regular employees. Such compensatory time shall be taken in accordance with the provisions of this Chapter. Firemen shall accrue 2-2/3 shifts time off each year in lieu of the eight holidays granted other employees. Such time off shall be at such times as selected by the Fire Chief and may only be granted when such time off shall leave six men on duty in the station at all times. Section 6.16.19 of the Municipal Code is hereby amended and the follow- ing is enacted in lieu thereof: D. The hours of operation of parking meters shall be in effect during such hours of the day as may be fixed by resolution of the Council and shall be daily except Sundays and the following holidays: 1. The first day of January (New Year's Day) 2. The last Monday in May (Memorial Day) 3. The fourth day of July (Independence Day) 4. The first Monday of September (Labor Day) 5. The fourth Thursday of November (Thanksgiving Day) 6. The twenty-fifth day of December (Christmas Day) SECTION III REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance and Section 2.40.10C and 6.16.19D of the Municipal Code are hereby repealed. -2 - Ordinance No. 2583 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: g Brandt g Butherus g Connell g Hickerson g White MAYOR Attest: City Clerk 1st Reading �!' - /4- %% / C . 2nd Reading 3- 2 - 71 TA 3rd Reading -//� - 7/ 1-0. Passed and approved this 16th day of March , A.D., 1971. I 1 ORDINANCE NO. 2584 ' QRpINANCE ASSUMING THE CHARGE, CUSTODY AND CONTROL OF ALL TREES AND SHRUBBERY UPON -Ttl£. —ZTREETS AND PUBLIC PROPERTY; REGULATING THE PLANTING AND MAINTENANCE OF SAID TREES; ESTABLISHING THE OFFICE OF CITY FORESTER AND THE DIVISION OF FORESTRY AND PRESCRIBING -WE FORESTER'S DUTIES A14D AUTHORITY; REQUIRING PERMITS FOR PLANTING, MAINTENANCE AND PIOVAL OF TREES AND SHRUBS IN PUBLIC PLACES; PROHIBITING THE MUTILATION OF STREET TREES; DEFINING CERTAIN NUISANCES INVOLVING TREES AND SHRUBS AND PROVIDING FOR THE ABATEMENT OF SUCH :,Y THE CITY; PROVIDING FOR CONTAINER PLANTING; PROVIDING FOR CERTIFICATION OF TREE SURGEONS, FORESTERS AND ARBORISTS; REPEALING ALL ORDINANCES OR / PARTS OF ORDINANCES IIS CONFLICT HEREWITH; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Short Title. This Ordinance shall be known as and may be cited as the "Forestry Ordinance" of the City of Iowa City, Iowa. Section 2. Definitions_ For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory. a. City. The City of Iowa City, Iowa. b. Council. The City Council of Iowa City, Iowa. c. City Manager. The City Manager of Iowa City, Iowa. d. Forester. The City Forester of the City of Iowa City, Iowa. e. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. f. Trees and Shrubs. All woody vegetation except where otherwise indicated. g. Street or Higaway. The entire width between property lines of every way or place of whatever nature within the City when any part thereof is open to the use of the public as a matter of right, for the purpose of vehicular or pedestrian traffic. h. Parking. That part of the street or avenue of highway in the City not covered by sidewalk and lying between the lot line and the curb line; or, on unpaved streets, that part of the street, avenue or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic. i. Property Gwner. A person owning private property in Iowa City, Iowa, as shown by the County Auditor's plat of Iowa Ci[y, Iowa. J. Public Property. Any and all property located within the confines of the City and owned by the City or held in the name of the City by any of the departments, .commissions or agencies within the City government. k. Closin_. A closing exists any time the movement of pedestrian or vehicular traffic shall be stopped on a public way, for reason of public safety, as a result of any action covered by this ordinance. Page 2 3 Purpose. The purpose of this Ordinance is to assume charge, custody and of atrees and shrubbery upon the public streets and upon public property by City; to provide rules and regulations for the planting, pruning, caring for, removal, ., maintenance of such trees and shrubbery and for the granting of permits relative there- ;,,; and to define tree and shrub nuisances and provide for their abatement, in order to provide for the safety, preserve the health, promote the prosperity, improve the order, comfort.and convenience of the City. section 4. Forester and Forestry Division. a. Establishment. There is hereby established the office of City Forester and the Division of Forestry in and for the City. The Forester shall be a person qualified by training for this position, and he shall be appointed by the City Manager. The Division of Forestry shall be comprised of the Forester and all persons employed to work with him. b. Authority. The Forester shall have authority to perform and to regulate the planting, maintenance and removal of trees and shrubs on streets and other public property in order to insure public safety and preserve the symmetry of public places. He shall promote public information on tree planting, maintenance and removal. c. Permits. The Forester shall have authority to issue such permits as are required under this Ordinance and to affix reasonable conditions to the granting of a permit in accordance with the terms of this Ordinance. d. Supervision. The Forester shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this Ordinance. Sedtion 5. Trees and Shrubs on Public Property - Permits Required. a. Maintenance or Removal. No person except the City or a person hired by the City shall treat, plant, trim, remove or otherwise disturb any tree or shrub on any street or other public property without first filing an application and procuring a permit to do so from the Forester. (1) Application Data. The application required herein shall be signed by the abutting property owner or his authorized agent, except as set forth in subsection (e) of this Section; shall be submitted to the Forester; and shall state the location, number, size and species of trees or shrubs to be treated, planted, trimmed, removed or otherwise disturbed; the reason therefore, the methods to be used; and such other information as the Forester shall find reasonably necessary to fairly determine whether a permit should be issued. (2) Standards of Issuance. The Forester shall issue the permit provided for herein if the proposed work is desirable and if the methods and workmanship proposed comply with the Arboricultural Specifications and Standards of Prac- tice as set out in Section 14 of this Ordinance. The person receiving the permit and any tree surgeon, forester, arborist or workman performing there under shall strictly abide by said specifications and standards unless an exception or exceptions thereto are set forth in writing on the permit. Any permit granted shall contain a definite date of expiration and it may be declared void if its terms are violated. Page 3 b. Planting. No person shall plant or set out any tree or shrub in any street or public place of the City without first filing an application and procuring a permit from the Forester. (1) Application Data. The application required herein shall be signed by the abutting property owner or his authorized agent; shall be submitted to the Forester; and shall state the number of trees or shrubs to be set out; the location, grade, size and species of each tree or shrub; the method of planting; and such other information as the Forester shall find reasonably necessary to fairly determine whether a permit should be issued. (2) Standards of Issuance. The Forester shall issue the permit provided for herein if the proposed planting is desirable; if it conforms as to approved species, size and location; and if the planting complies with the Arbori- cultural Specifications and Standards of Practice set out in Section 14 of this Ordinance. The person receiving the permit and any tree surgeon, forester, arborist: or workman performing thereunder shall strictly abide by said specifications and standards unless an exception or exceptions thereto are set forth in writing on the permit. Any permit granted shall contain a definite expiration date and it may be declared void if its terms are violated. (3) Improper Planting. Wherever any tree or shrub shall be planted in conflict with the provisions of this subsection, it shall be lawful for the Forester to require its removal or to remove it himself. c. Excavation and Construction. No person other than the City or a person hired by the City shall excavate any ditches, tunnels or trenches or lay any drive within a radius of ten (10) feet from any public tree or shrub without first obtaining a written permit from the Forester. Trees, shrubs or plants near any excavation or construction of any building or structure shall be adequately protected and all building material, dirt or other debris shall be kept at least three (3) feet from such trees, shrubs or plants. d. Storage. No person shall deposit, place, store or maintain upon any street or other public property any stone, brick, sand, concrete or other material which may impede the free passage of water, air and fertilizer to the roots of any trees or shrubs growing therein, except by written permission of the Forester. e. Public Utility Installation. All permits issued for the installation of public utilities that affect public trees or shrubs shall be approved by the Forester. A public utility may be issued a permit to treat, trim or remove any tree or shrub on any street or other public place. Said work shall be limited to the actual necessities of the service of the company and such work shall be done in accordance with the Arboricultural Specifications and Standards of Practice set forth in Section 14 of this Ordinance. The Forester may,if necessary in his estimatioc., assign an inspector to supervise the provisions of the pe -mit and the cost of such service shall be charged to the public utility. Section 6. Container Planting. No individual or firm shall establish a container either above or below ground for plants on public property without recommendation of the City Manager and approval of the City Council. Following Council approval a permit will be issued by the City Forester. Page 4 a. Procedure. (1) The petitioner shall submit a request complete with detailed design to the City Manager who shall make a recommendation to the City Council within forty-five (45) days. b. Installation Requirements. (i) No container may be placed closer than twenty (20) feet to street intersection (property lines extended) and ten (10) feet to driveways and alleys. (2) The planting medium shall be of sufficient size to support and sustain plant materials and the container shall be not less than twenty-four (24) inches in depth and thirty (30) inches in diameter, inside dimensions. €, Maintenance of Containers. Containers and their complete maintenance become the responsibility of the abutting property owner. (1) All costs arising from the establishment, maintenance or removal of plants or plant containers are to be born by the abutting property owner. (2) Containers, plants and their contents must be maintained in the condition specified by original design at all times. Any planter not serving its designed esthetical function -shall be replanted or removed. d, Notice to Replant or Remove. Any container and plant material not maintained to duality and designed standard as required by the City Forester is hereby declared A nuisance. Anyone failing to abate same, after notice shall be given, shall be guilty of a misdemeanor and the City Forester may remove said nuisance. e. Freedom from Liability. (i) Any individual or firm granted the right to place or establish containers on public property pursuant to this section shall execute an indemnification Agreement approved by the City Attorney wherein the applicant agrees to indemnify and save harmless the City from any and all liability which may be incurred as a result of the placement of said containers and their content: Section 7, Felling of Trees onto Yhru5 The Forester shall be, for the purpose of this Ordinance, notified prior to the time that any tree or shrub is to be trimmed or removed if said tree or shrub or any portion thereof will fall on a street, sidewalk or alley. Ail current City Ordinances and agreements must be observed. No person shall close any street,'alley, sidewalk, roadway or traveled way in Iowa City without first obtaining approval for said closing from the City Forester. a. Public Property. If said tree or shrut is located on public property, the iequired notification shall be given on the original application to trim or remove b, Private Property. If said tree or shrub is located on private property, the property owner or his authorized agent must apply for a specifical permit to trim or remove. The Forester shall issue said permit provided that the trimming or removing will be done according to the specifications and standards of this Ordinance and requirements of this Section. Page 5 c. Safety Requirements. (1) The person to whom the permit is issued shall be responsible for placing such signs, flags, flares and barricades as are needed to warn persons of the danger of using the street, sidewalk or alley. (2) No tree shall be felled onto any street without having persons stationed in the streets to stop traffic from both directions at the time the tree is being dropped, unless the street has been duly barricaded in accordance with City Ordinances. t (3) Trees or branches which are felled or trimmed onto public property must be removed immediately unless an extension of time is granted by the Forester in writing. (4) Stump removal cavities must be cleared and refilled with soil in the same operation. At no time shall a cavity remain unfilled overnight. d. Insurance. Before any tree or branch is felled onto public property, the applicant must deposit with the clerk a liability insurance policy in the amount of $100,000.00 per person/$300,000.00 per accident for bodily injury liability and $50,000.00 aggregate for property damage liability. The insurance policies shall also name the City of Iowa City as an additional insured in all liability insurance. In the event that the 'applicant is able to furnish proof of financial responsibility approved by the City Attorney and enters into agreement for indemnification of the City in the event of any damage caused by the applicant's obtaining a permit to do street tree work, this insurance requirement may be waived. Section 8. Abuse or Mutilation of Trees on Public Property. No person shall willfully damage, cut, carve, transplant or remove a tree or shrub on public property; attach any rope, wire, nails or other contrivance to any such tree; cause or permit any wire charged with electricity to come in contact with such tree or shrub unless protected by approved methods; attach any electrical insulation to any public tree or shrub; allow any gaseous, liquid or solid substance which is harmful to said trees or shrubs to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree or shrub, without first obtaining a written permit to do so from the Forester. Section 9. Tree Spurs or Climbers. No person shall use tree spurs or climbers on trees located on streets or public property except by specific written permission of the Forester Section 10. Nuisances. Any healthy tree or shrub which is so placed as to interfere with pedestrian or vehicular traffic in actuality or by creating a sight problem is hereby declared a nuisance. a. Trees and Shrubs. Trees or shrubs on Fiblic or private property bordering on any street shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular travel and so they will not obstruct or shade street lights, the vision of traffic signs or the view at any street intersection. The minimum clearance of any overhanging portion of such trees or shrubs shall be nine (9) feet over sidewalks and thirteen (13) feet over all streets except in the case of small or newly planted trees specifically designated by the City Forester. No shrubs more than two (2) feet -high above street level may be located within thirty (30) feet of a street intersection ''(property lines extended). Page 6 (1) Public Property. The Forester shall trim or cause to be trimmed, trees and shrubs on public property to the minimum height set out above. (2) Private Property. Notice to Trim. when the Forester shall find it necessary to order obstructing trees or shrubs on private property to be trimmed, he shall cause written notice to be served on the property owner requiring such trees or shrubs to be trimmed to eliminate the hazard within thirty (30) days after receil of the said notice. The notice required herein shall be served by mailing a cop; of said notice to the last known address of the property owner by certified mail, If the Forester is unable to secure notice on the property owner, said written notice may be served on the occupant or person in charge of the property in the same manner as set out herein. b. Cotton -bearing Cottonwood Trees. Cotton -bearing cottonwood trees and all other cotton -bearing poplar trees in the City are hereby declared to be a nuisance. (1) Public Property. The Forester shall remove or cause to be removed any such tree on the streets or public property. (2) Private Property. The Forester shall require the removal of any cotton -bearing cottonwood tree or cotton -bearing poplar tree on private property by causing a written notice to be served on the property owner directing that said tree or trees be removed within thirty (30) days after receipt of said notice. The notice required herein shall be served by mailing a copy of said notice to the last known address of the property owner by certified mail. If the Forester is unable to secure notice on the property owner, said written notice may be served on the occupant or person in charge of the property in the same manner as set out herein. c. Dead or Diseased Trees or Shrubs. Any dead, diseased or damaged tree or shrub or parts thereof which may harbor serious insect or disease pests injurious to other trees or shrubs or parts thereof, or is hazardous to life or property is hereby declared to be a nuisance. (1) Public Property. The Forester shall remove or cause to be removed any such tree or shrub on the streets or public property. (2) Private Property. The Forester shall cause written notice to be served on the property owner requiring the removal, trimming or treatment of any such tree or shrub or parts thereof within thirty (30) days after receipt of said notice. The notice required herein shall be served by mailing a copy of said notice to the last known address of the property owner by certified mail. If the Forester is unable to secure notice on the property owner, said -written notice may be served on the occupant or person in charge of the property in the same manner as set out herein. Said removal, trimming or treatment as required by the provisions of this Section shall be subject to the applicable Arboricultural Specifications and Standards of Practice set forth in Section lB of this Ordinance. -/_?" Section Il. Interference with Forester. No person shall hinder, prevent, delay or inter- fere with the Forester or any of his assistants while engaged in carrying out the execution or enforcement of this Ordinance; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any Court or competent jurisdiction for the protection of property rights by the owner of any property within the City. Page 7 flection 12. Certi a. Requirement. No person shall do any work on trees and shrubs on streets and public property unless he has received a Certificate of Approval from the Forester. b. Application. Any person desiring a Certificate of Approval shall apply to the Forester, who shall provide application forms for this purpose. The completed forms shall include the name, address, business address, experience, training and qualifications of the applicant. c. Insurance. A Certificate of Approval shall be issued to any applicant successfully passing the examination and tests given by the Forester; provided that there first be deposited with the City Clerk a liability policy in the amount of $100,000.00 per person/$300,000.00 per accident for Bodily Injury liability and $50,000.00 aggregate for Property Damage liability. The insurance policies shall also name the City.of Iowa City as an additional insured in all liability insurance. Section 13. Arboricultural Specifications and Standards of Practice. The following Arboricultural Specifications and Standards of Practice are hereby adopted by the City: a. Planting. (1) Size. All trees planted on the streets shall be of sufficient size to warrant satisfactory results and stand the abuse common to street trees. (2) Grade. Unless otherwise allowed for substantial reasons, all standard sized trees shall have comparatively straight trunks, well developed leaders, top and root characteristics of the species or variety showing evidence of proper nursery pruning. All trees must be free of insect, disease, mechanical injuries and other objectionable features at the time of planting. To compensate for any serious loss of roots, the top of the tree should be reduced by thinning or cutting back as determined by the growth characteristics of the tree species. The leader shall not be cut off in such trimming. (3) Planting. Trees cannot be planted in the parking that is less than eight (8) feet in width, or contains less than 160 square feet of exposed soil surface. Trees cannot be planted closer than twenty (20) feet to street intersections (property lines extended) and ten (10) feet to driveways and alleys. (4) Method of Support. Trees may be guyed or supported in an upright position according to accepted arboricultural practices. The guys or supports shall be fastened in such a way that they will not girdle or cause serious injury to the trees or endanger public safety. b. Trimming or Pruning. (1) All cuts are to be made sufficiently close to the parent stem so that healing can readily start under normal conditions. (2) All dead and diseased wood shall be removed. (3) All limbs one (1) inch in diameter (size of a quarter) or over must be precut to prevent splitting. All branches that are in danger of injuring the tree in falling shall be lowered by proper ropes. Page 8 (4) one of all crossed or rubbing branches shall be removed where practicable so that the removal will not leave large holes in the general outline of the tree. Some crossed or rubbing branches may be cabled apart. (5) Paint all cuts old and new, one (1) inch in diameter and over, with an approved tree wound dressing. on old wounds care is to be taken to paint exposed wood only. / (6) Where there is known to be danger of transmitting disease by tools they are to be disinfected with alcohol before using on another tree. (7) old scars not healing properly, and where callous growth is not already established, are to be traced and painted, unless other treatment is designated. (8) A'll girdling roots visible to the eye where practicable, should be treated by cutting off the root at either end, notching of the root in the center with a chisel, removal of the entire root without injury to bark or parent stem, or reporting this condition to the owner. (9) No topping or dehorning trees shall be permitted except by special written permission of the City Forester. Trees becoming stag headed may have the dead portions removed back to sound green wood, with proper 450 (degree) cut only. (10) Wood resulting from trimming or tree removal may be used for firewood or other purposes providing it is treated, as necessary, to prohibit the spread of insects or disease and that it is properly stored so that it does not become a nuisance. c. Spraying (1) Suitable precautions must be taken to protect and warn the public that spraying is being done. (2) Spray materials containing lime sulfur and other corrosive materials shall not be used near painted buildings. (3) Spraying shall be done only for the control of specific diseases or insects with the.proper materials, in the necessary strength; and applied at the proper time to obtain the desired control. Spraying materials and methods shall be in accordance with the current recommendations of the Agricultural Extension Division of Iowa State University and/or the State Entomologist i except for experinental work that shall be done under the direct supervision of the City Forester. d. Cavities and Bracing. .(1) Extensive cavity work should not be performed on a tree unless it is of - sufficiently high value to justify the cost. (2) The sides and ends of all cavity openings must conform with the direction of sap flow. The cambium edge must be protected at all times during the work by the application of shellac. A cavity filling must not protrude beyond the cambium layer at any point along the cavity edge. (3) Provisions should be made for drainage from a cavity which may exude sap behind the filling. ` rage V (4) As a general rule cables should be placed as high as approximately two-thirds (2/3) of the distance between the crotch and branch ends. Rust resistant cables, thimbles and lags should be used. The ends of a cable should be attached to hooks or eyes of lags or bolts. Thimbles must be used in the eye splice in each end of the cable. In no instance shall cable be wrapped around a branch. Section 14. Misdemeanor. Any person, firm or corporation who violates any'of the pro- visions of this Ordinance or who fails to comply with any legal notice issued pursuant to the provisions of this Ordinance shall be guilty of a misdemeanor and shall upon conviction thereof be subject to imprisonment not exceeding thirty (30) days, or a fine not exceeding one hundred ($100) dollars. Section 15. Savings Clause. Should any section, clause or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any Section, provision or part thereof not adjudged invalid or unconstitutional. Section 16. Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed and specifically Ordinance 2242, Chapter 3.38-1965 Municipal Code of Iowa City, Iowa, Ordinance 2421, are hereby repealed. Section 17. 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 White Attest: City Clerk Z" 1st Reading 7 l -o 2nd Reading 3- 2 -:Z1 3rd Reading // 7 / Mayor i Passed and approved this 16th day of March , A.D., 1971. r lie ORDINANCE NO. _ 2585 _ AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, 1966, BY THE ADDITION OF SECTION 9.20.23, PROVIDING GUIDELINES CONCERNING ELECTRICAL MATERIALS, INSTALLATION AND REPAIR OF SAME. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to enact Section 9.20.23 concerning additions to the National Electric Code previously adopted by the City of Iowa City, Iowa, as the Electrical Code of the City of Iowa City, Iowa; to provide guidelines concerning installation, service, and materials to be used; to provide for the health, welfare and safety of the citizens of Iowa City, Iowa; to repeal all ordinances or parts of ordinances in conflict with the provisions of this Ordinance; to provide for the enforce- ment therefor and penalties for the violation thereof. SECTION II AMENDMENTS. The Municipal Code of the City of Iowa City is hereby amended as follows: 1. The following Section 9.20.23 is hereby adopted as a part of the Muni- cipal Code. Section 9.20.23. GENERAL. A. In all wiring installations, special attention shall be paid to the mechanical installation of the work. The placement of raceways, cables and conductors; the connecting, splicing, soldering, and taping of conductors, and the securing and attachment of fittings in 'a proper, neat and workmanlike manner is mandatory. B. Conductors and equipment shall be protected against corrosion by use of approved materials required for use under each specific condition to which material may be subjected. C. All equipment shall be considered to be subjected to mechanical injury and shall be protected by insulation or protective cover. In exposed or concealed work, flexible electrical cables shall be run through bored holes or parallel to members; or placed on runners of lumber measuring at least 1" x 2" in dimension. When there is no objection by building contractor to notch- ing members, conductors may be laid in these and the notches covered by steel plates at least 1/16" thickness. In crawl areas, cables or conductors shall be protected for at least 6" from edge of openings. In construction of attics of all types of buildings, junction boxes shall be located inside a perpendi- cular line measuring three (3) feet minimum from top side of joists to bottom side of rafter. -2 - Ordinance No. 2585 D. Wooden plugs driven into holes and concrete nails are prohibited in the fastening of equipment to masonry construction. E. All bathroom fixtures, switch boxes and outlet boxes shall be properly grounded. All fixtures and receptacles in bathrooms shall be controlled by a wall switch or switches commonly located near the door. At least one receptacle shall be installed in each bathroom. All receptacles in bathrooms shrill be out of reach of tub or shower. The use of fixture outlet is prohibited in bathrooms. F. The garbage disposal in the kitchen sink shall be connected to a grounded type outlet with a three conductor cord of not less than No. 14 wire. G. Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or table top line. H. Basement lighting fixtures. In all types of occupancies except inductrial, one permanent lighting fixture shall be provided for each two hundred square feet of floor area. Stairway lighting shall not be included as lighting when figuring gross floor area of basements or cellars. I. Stairway lighting shall be located so that stair treads shall never be shadowed by persons using them. The light fixtures shall be located at the top and the bottom of the stairs and any dark area. J. Electrically powered heating units, such as oil burners, gas burners, stokers, or other electrically controlled heating units shall use an approved number of protective devices on the electric supply and control lines to limit the action of the equipment when hazardous temperatures or conditions arise. New work and old work shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units to be properly grounded. All wiring on the heating units shall be in electrical metallic rigid, emt or greenfield raceway. K. Exit lights. The exit from any room or building, public or private, used for public gathering whether for worship, lodge activity, retail store, or entertainment, shall have all exits properly lighted and designated by an electrically illuminated exit sign. All stairways in public buildings, nursing homes, apartments, retail stores, and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuit for exit lighting shall be intitalled in raceway "separate from any other raceways" or circuit of -3 - Ordinance No. 2585 the building. Such circuits shall be connected ahead of main disconnect and controlled independently. L. When it is found by the inspector that tampering or overloading of circuits is evident, it will be mandatory that all circuits be fused by a non-tamperable fuse or device. M. All wiring for electric light or power hereafter installed in churches, schools, theaters, hotels, lodges, nursing homes, fraternities, sororities, retail stores and any building classified as commercial or indus- trial and places used for public gatherings, warehouses, store buildings, factory buildings and 'their basements shall be in rigid or electric metallic tubing. If any of the above occupancies also have a dwelling unit or rooming unit, this portion of the building shall also be wired in conduit. N. A structure or place of residence containing more than one single family dwelling unit shall be wired in conduit regardless of the type construc- tion used in any common or dividing walls. A structure is defined as any building surrounded on all sides by air and separated from any other building by 5 feet. Section 9.20.23.1 SERVICE. A. All service equipment, distribution equipment and safety equip- ment shall be placed in an accessible area and remain accessible at all times. These devices shall be so placed that at no time will a workman be forced to reach over other equipment. tions. B. Tandem type circuit breakers shall not be used in new installa- C. All services and service entrance equipment shall be as provided for by the rules and regulations of the utility company as filed with the City Council. D. The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. E. No service drop shall parallel or be located as to prevent rais- ing a ladder to the window. F. All service and meter equipment installations shall be mounted upon a meter board of not less than 5/8" in thickness and shall be of suffi- cient size for existing equipment plus a minimum one square foot for future apparatus. When the meters are placed against basement walls or any other wall -4 - Ordinance No. 2585 subject to dampness, meter and panel boards shall be bound on back by vertical strips not less than three inches (3) wide and 5/8" thick. Meter and panel boards must be secured on each corner. Bell transformers are to be located on above panel. Cement nails for fastening not approved. Powder actuated fasten- ing devices acceptable. G. Services on ranch type buildings where service entrance goes through the roof must be not less than two inches (2) rigid steel and extended above the roof not less than thirty-six (36) complete with service head and thirty-six (36) inches of wire extending from service head. Pipe to be secured on the .wall with two hold straps or the equivalent and weather proofed where it extends through the roof. H. All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric metalic tub- ing in concealed walls or partitions unless protected by at least two inches of masonry construction. All service entrances locations in the central business district shall be approved by the Electrical Inspector before installation. I. Service entrance conductors shall contain no bare aluminum wires and shall have a rating no less than 750 C. or 1650 F. rated wire and shall not be spliced and shall maintain color code as follows: (1) White or permanent marking for neutral wires. J. For installations in single family residence, the main service entrance shall not be smaller than one hundred ampere. A home with over 2,500 sq. ft. of floor space, including the basement but excluding the garage shall be served with not less than a 200 ampere service entrance. K. The minimum service in a two family duplex shall be of 200 ampere capacity or may be run as two 100 ampere services. L. ThE minimum size feed to an individual apartment in apartment tuild- ings shall be 100 ampere. The service entrance size for apartments buildings shall not be less than 50% of the total capacity of the feeders served by it. In commercial or industrial occupancies the minimum service entrance size shall be 100 ampere. M. Power services. Three phase three wire services shall be classified as power services and may be used to supply power equipment and shall comply with all provisions of other types of services and shall not be less than 60 ampere capacity. All metallic equipment used in conjunction with such services shall be -5 - Ordinance No. 2585 effectively grounded. N. Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect. A building is defined as the area between fire walls. A fire wall shall be a three hour wall under U.L. Tests. 0. The main switch shall be mounted in a readily accessible location as near as possible to the point where the conductors enter and not more than six feet inside the building. P. All distribution panel cards shall be filled out as to location of the connected circuits. Q. Apartment house meters shall be numbered to correspond with the apartment. R. The only type of grounding that will be acceptable in Iowa City, Iowa, where the metallic city water service is available will be the running of No. 6 or larger copper wire, insulated or bare, and color coded to the street side of the water meter and securely connecting it thereto with an approved malleable clamping device. The wire may be laid in or below the concrete floor in conduit. Grounding conductors installed in or under the concrete floors shall be insulated. water meters shall be bonded. Section 9.20.23.2 FEEDERS, BRANCH CIRCUITS. A. All circuits shall be continuous by means other than attachment to the wiring devices. B. All branch circuits in all building classifications shall be of a non-tamperable fusing or circuit breakers. C. Branch circuits supplying general lighting and outlets in resi- dential type of occupancy shall not exceed 150 volts to ground and shall be over -current protected by non-tamperable type S fusing or circuit breakers with a rating or setting not to exceed 15 amperes. D. All receptacles, except clock outlets, installed in all kitchens, utility rooms, dining areas and laundry areas shall be supplied with 20 ampere conductors and over -current protected by non-tamperable fusing or circuit breakers of 20 ampere rating. E. Receptable outlets. In all dwellings, there shall be no less than one (1) twenty ampere three wire circuit (220 volts) grounding type -6 - Ordinance No. 2585 supplying receptacle outlets in the kitchen, dining room or kitchen dinette. Refrigerator receptacles shall be on a separate circuit. Permanently installed dishwasher shall be supplied by a separate 20 amp. circuit. F. Basement lighting shall be on a separate circuit. Section 9.20.23.3 CONDUITS, RACEWAYS AND CABLES. A. All exposed wiring installed in dwellings shall be in metal race- way. B. Flexible conduit may be used where conduit must be fished into concealed places and where subject to vibrations. A maximum length of flexi- ble metal conduit of 72" may be exposed. When flexible metal conduit is used, a grounding conductor of current carrying capacity equal to the largest current carrying conductor shall be installed. C. In gasoline dispensing stations, each pump and each lighting unit in the exterior area shall have its own raceway to the panel in rigid gal- vanized 3/4" or larger conduit. Island curb boxes shall not be used without special permission of the Electrical Inspector. D. All cables and conduits in exposed areas shall be secured every 4': feet and not more than one foot from each outlet box (non -exposed secured every 10'). All conduits and flexible cables shall be securely fastened by means of connectors at all junctions or outlet boxes. SECTION III PENALTY. Any person, firm or corporation who shall install, repair, mend, alter, modify or service any electrical installation in any build- ing, house, structure, place of business, or premises in a manner contrary to the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of from one to one hundred dollars or by imprisonment for from one to thirty days. SECTION IV REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI WEN EFFECTIVE. This Ordinance shall be in effect after its -7 - Ordinance No. 2585 final passage, approval and publication as required by law. It was moved by Butherus _ and seconded by Brandt Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Brandt K Butherus K Connell % Hickerson K White MAYOR / ATTEST: !c �L1. CITY CLERK 1st Reading J- /(. - 7 2nd Reading -,L-61-- ;"/ % d 3rd Reading L`� - 71 1' -0 - that the Passed and approved this 6th day of April , A.D., 1971. ORDINANCE NO. 71-2586 AN ORDINANCE DELEGATING TO AND CONFERRING ON IOWA -ILLINOIS GAS AND ELECTRIC COMPANY THE POWER TO APPROPRIATE AND CONDEMN PRIVATE PROPERTY WITHIN THE CITY OF IOIVA CITY, IO1VA, FOR THE PURPOSE OF CONSTRUCTING, KNINTAINING AND OPERATING AN ELECTRIC TRANSMISSION LINE WHEREAS, Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in Iowa and having a place of business in Iowa City, Iowa, is a public utility corporation having an electric franchise from the City of Iowa City, Iowa. The said franchise was granted by Ordinance No. 2170 passed and approved by the City Council of the City of Iowa City, Iowa, on August 10, 1959, and became effective, after being accepted by Iowa -Illinois Gas and Electric Company and after said ordinance was submitted to and approved by a majority vote of the electors of the City of Iowa City, Iowa, voting at a special election on September 29, 1959. Said franchise ordinance still is in force and effect and grants to Iowa -Illinois Gas and Electric Company the right to acquire, construct, erect, maintain and operate, in the City of Iowa City, Iowa, plants and works for the manufacture of electricity and a transmission system for the distribution of electric energy; and WHEREAS, under the provisions of Section 397.8 of the .1966 Code of Iowa, the City of Iowa City, Iowa, has the right to condemn and appropriate so much private property as may be necessary for the construction of such works or plants and also has the right to confer or delegate, by ordinance, the power to appropriate or condemn private property for such purposes upon any corporation authorized to construct and -2 - operate such works or plants. BE IT ENACTED by the City Council of the City of Iowa City, Iowa - Section 1. That pursuant to authority contained in Section 397.8 of the 1966 Code of Iowa there hereby is delegated to and conferred on Iowa -Illinois Gas and Electric Company the power of the City of Iowa City, Iowa, to condemn and appropriate the necessary rights of way for the purpose of constructing, . reconstructing, operating, maintaining and removing lines for the transmission and distribution of electric energy and for communication and electrical controls, adjacent to, and overhanging, the premises hereinbelow described, with all necessary crossarms, electric lines, insulators and other appurtenances (BUT INCLUDING NO RIGHT OR PRIVILEGE TO PLACE POLES, TOWERS OR OTHER STRUCTURES IN CONTACT WITH THE EARTH WITHIN THE PREMISES DESCRIBED), together with the right of ingress and egress and the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation and removal of such lines upon, over, along and across certain private property now situated in the City of Iowa City, Johnson County Iowa, described as Follows: 1. A strip of land 30 feet wide and approximately 180 feet in length in the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 22, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, the centerline of which strip of land being described as follows: Commencing at the intersection point of the East-West centerline of said Section 22 with the centerline of the old Burlington and Iowa City Road (also known as the Sand Road) as presently established; thence Northwesterly (NW) along the centerline of said Road for a distance of 812.46 feet (12.31 chains) to the most Northeasterly (NE) corner of two (2) tracts or parcels of land which together total 6.85 acres; thence West along the North line of said 6.85 acres, S8 feet to the point of beginning of the centerline herein to be described; thence Southeasterly (SE) 180 feet, more or less, to a point on the West right-of-way line of said Sand Road. Subject to right-of-way for public roads. (Said point of beginning is also identified as being approximately 700 feet West and 688 feet North of the center of said Section 22). Mc 2. The East five (s) feet of Lots One (1) and Ten (10) in Block Four (4), of Cook, Sargent and Downey's Addition to Iowa City, Iowa, according to the recorded plat thereof. 3. 'The East Ten (10) feet of Outlot- One (1) in Cook, Sargent and Downey's Addition to Iowa City, Iowa. The right of way for the purposes herein mentioned, on the above described tracts of real estate, shall not exceed those widths as shown by the above descriptions. Section 2. Any condemnation proceedings instituted by Iowa -Illinois Cas and Electric Company under the power delegated to and conferred on said company by this ordinance shall be at the expense of said company and without cost to the City of Iowa City, Iowa. Passed and approved this 6TH day of April 1971. ATTEST - 7 City Clerk' Mayor First Reading -1-01-71 ei - Second Reading �7/ T- d• Third Readins �/- /, - 9/ To. it was moved by Rrandt ' and seconded by RuthPru, 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 White r ORDINANCE NO. 71-2587 AN ORDINANCR ADOPTING THE UNIFORM BUILDING CODE VOLUME IV DANGEROUS BUILDINGS AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS WITH CERTAIN AMENDMENTS THERETO. TO PROVIDE FOR THE ENFORCEMENT THEREOF AND PENALTIES FOR THE VIOLATION THEREOF. SECTION I PURPOSE. The purpose of this Ordinance is to adopt Volume IV Dangerous Buildings of the 1970 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. SECTION II ADOPTION. That except as hereinafter limited or amended, there is hereby adopted Volume IV Dangerous Buildings of the 1970 Edition of the Uniform Building Code edited by the International Conference of Building Officials. SECTION III AMENDMENTS. Volume IV Dangerous Buildings of the 1970 Edition of the Uniform Building Code edited by the International Conference of Building Officials is hereby amended as follows: 1. Building Official. The enforcement of the provisions of this Code shall be the responsibility of the Building Official and whenever the words Health Officer or Fire Marshall shall be used in this Code, it shall mean Building Official. 2. City Manager. Shall mean the City Manager of Iowa City, and whenever the words Public Works Director shall be used in this Code, it shall mean the City Manager. 3. Board of Appeals. That the Board of Appeals provided in Section 205 of Volume IV Dangerous Buildings, shall have the same member- ship as the Board of Appeals established in Volume I of the Uniform Building Code adopted by Ordinance No. a5'18. SECTION IV REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. It was moved by White and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt 40, -2- Ordinance No. AYES: NAYS: ABSENT: (Cont'd.) ATTEST City Clerk 1st Reading hL-C 7/ %• C 2nd Reading �c-7/ %•�. 3rd Reading 71 00 Butherus Connell Hickerson White MAYOR Passed and approved this 20 day of April , A.D., 1971. ORDINANCE NO. 71-298 AN ORDINANCE DEFINING DISORDERLY CONDUCT WITHIN THE CITY OF IOWA CITY, IOWA, TO PROMOTE PUBLIC ORDER AND THE HEALTH AND h1ELFARE OF THE CITIZENS OF IOWA CITY, PROVIDING FOR PENALTIES FOR THE VIOLATION AND FOR THE ENFORCEMENT OF THIS ORDINANCE. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to define that conduct- which is disorderly conduct- when committed within the corporate limits of Iowa City, Iowa; to promote public order and the health and welfare of the citizens of Iowa City, and to provide for the enforcement of this Ordinance and penalties for the violation thereof. SECTION II DISORDERLY CONDUCT. Any person, firm or corporation who with intent to provoke a breach of the peace or disturb the peace of another or knowingly, unreasonably, creates a risk thereof, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct: 1. Uses offensive, disorderly, threatening, abusive, insulting, profane, indecent or obscene language, conduct or behavior. 2. Willfully obstructs the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road or other passage- way or the entrance, corridor or passage of any public or private building, structure or grounds by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein. Providing nothing herein contained will apply to any person or groups authorized to hold parades or meetings or events on or in said place as long as said group or person or persons act in compliance with the terms of their permit or permission and further that nothing herein contained will apply to any persons who picket or demonstrate advocating any cause whatsoever as long as said persons or person do not obstruct the free and convenient use of said place by others and as long as said person or persons do not commit other acts or conduct prohibited by this Ordinance. 3. Assault, beat or strike another, wrestle with or scuffle with , another. 4. Acts iu such a manner as to annoy, disturb, interfere with, - i obstruct or be offensive to others. --, -2 - Ordinance No. 2588 5. Congregates with others on a public street, sidewalk, highway, bridge, alley, road or other passageway or the entrance, corridor or passage or rooms of any public.building, structure or grounds so as to obstruct the free passage thereof and refuses to move as directed when ordered by a peace officer. 6. Commits a trespass upon public'or private property not owned by him with a malicious and mischievous intent. 7. Conducts himself in a lewd, indecent or obscene way. 8. Acts in an intoxicated manner or simulates intoxication, is under the influence of drugs or narcotics, all on a public street or in a public place. 9. Willfully acts in such a way as to disrupt or disturb any lawful assemblage of 'people by making noise or by using loud or offensive language or by conducting himself in an offensive manner with the intent to dis- rupt any lawful assemblage. 10. Congregates with others sitting or standing, or by himself sits or stands, in public or private buildings or offices in -such a way as to obstruct the free use thereof by the persons lawfully entitled to use said buildings or offices and refuses to leave when requested to do so by any person in charge thereof or by any peace officer. 11. .Jses any profane, indecent or abusive language towards a peace officer. SECTION M MISMMEANO.R. Any person, firm or corporation who shall co"i'any of the acts or conduct defined herein as disorderly conduct shall be guilty of a misde,meanor and upon conviction thereof by subject. to imprisonment not exceeding thirty (30) days or a fine not exceeding $100.00; SECTION IV SAVINGS CLAUSE. If any section, subsection, provision or part of this Ordinance shall be adjudged to be invalid or unconstitu- tional by any Court of competent jurisdiction, such adjudice-tion shall not affect the validity of the Ordinance as a whole or any section, sub- section, provision or part thereof not adjudged invalid or unconstitutional. -3- Ordinance No. 2588 SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. SECTION VI REPEALER. Section 7.02.1 of the Municipal Code of Iowa City and all other ordinance g or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. It was moved by Butherus and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were.: AYES: NAYS: ABSENT: X Brandt X Butherus Connell Hickerson X White MAYOR ATTEST: U CITY CLERK 1st Reading 2nd Reading 3rd Reading 4-6-71 4-20-71 T.O. as amended As Amended 5-18-71 T.O. 5-18-71 T.O. 5-18-71 T.O. Passed and approved this 18 day of May A.D., 1971. ORDINANCE N0, 9:�89 AN ORDINANCE ESTABLISHING A PIANNED AREA DEVELOPMENT IN IOWA CITY, IOWA, BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA, SECTION Io PURPOSE, The purpose of thi:i Ordinance is to approve a planned area development in the City of Iowa Ci-ty, Iowa, pursuant to Ordinance No. 2446. SECTION II, APPROVAL, The following described property, to -wit: Arborhill Condominium in Washington Park Subdivision to Iowa City, beginning at a. point on the east lino of the S.W. 1/4 Sec. 12-79-6, LO' south of the S.W. cor. lot 152 Oalkwoods Addn. Part 3; thence N. 00002' E. 800 feet; thence N. 70030' W. 345 feet; thence south- westerly along a curve concave southwoGLerly with a radius of 350' and whose 210 foot chord bears S. 420 5' W.; thence S. 60030' W. 220 feet; thence southwesterly along :i curve concave -southeasterly with a radius of 350 feet and whose 348 foot chord bears S. 29045' W.; thence South 350'; thence east al0ug the N. line of Washington Street to the point of beginning. is hereby approved as a planned area devc1opment 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 8th day of February, 1971. SECTION III, BUILDING PERMITS, The Bull.ding Inspector is hereby auth- orized 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 Record„r, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. It was moved by Brandt and seconded by fir 2 that the Ordinance as read be adopted and upon rol.1 call there were: AYES: NAYS: ABSNNT: Brandt Butherus x Connell. x First Reading_ -/-7/ T.c Second Reading i -7i 7.n Hickerson x Third Reading 6-/-7/ T -d• White x Passed and approved this 1 ATTEST: l- y __ �_' City Clerk day .of June 1971. G''; c, -rte s�> Mayor —� a� ORDINANCE NO. 2590 AN ORDINANCE ESTABLISHING THE CENTERLINE GRADE OF CERTAIN STREETS, AVENUE, AND ALLEYS 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 and avenues" Definitions: P.C. denotes the beginning of a vertical parabolic curve P.T. denotes the end of a vertical curve P.I. denotes the point of intersection of two street grade lines Benton Street 63.32 Centerline Mormon Trek Blvd. Street, PC 120.25 25' East of Centerline of Mormon Trek Blvd., PC 119.85 125' ofITPT it END 115.44 225' of If PC 110.16 525' IT ITPT Street 103.66 1525' " " PC 113.07 1875' " " PT 125.71 2425' " " PC 160.18 2478' " IT PT 163.15 Lafayette Street Centerline Dubuque Street 63.32 95.5' East of Centerline of Dubuque Street, PC 61.61 195.5' if IT PT 61.56 281.17' if it END 63.06 Mormon Trek Blvd. 52.50' South of Centerline of Benton Street 124.03 Centerline of Benton .Street PC 120.35 460.09' North of Centerline of Benton St., PT 107.24 768.53' North of Centerline of Benton St., PC 111.25 1614.53' PT 145.74 1805.03' " PC 156.53 2055.03' " PT & PC 166.40 2455.05' " PT 150.12 2530.03' " PC 143.04 2598.03' 138.59 Alley. Block 7. Lyon's 2nd Addition 25' North of Centerline of Bowery Street PC 96.37 175' " PT 99.08 225' PC 98.51 375' " PT &PC 90.92 425' " PT 85.42 450' " PC 82.17 550' " PT 76.51 750' " PC 79.97 850' " " PT 82.80 881.8' " " 84.12 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: Brandt x Butherus x Connell x Hickerson x White x Passed and approved this 1st day of June, 1971. 1st reading 6/l/71 TO 2nd reading 6/x/71 TO 3rd reading 6/1/71 YO ATTEST: City Clerk/ r L w Cc��1 0 I ORDINANCE NO. 2591 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, ESTABLISHING THE RULES OF PROCEDURE AND THE ELECTION OF MAYOR PRO -TEM AND REPEALING SECTIONS 2.02.8 AND 2.04AND ENACTING NEW SECTIONS 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 the Rules of Procedure for the City Council as the current edition of Robert's Rules of Order and to establish an Ordinance allowing for the election of a Mayor Pro -Tem at the regular organization meetings of the City Council. SECTION II AMENDMENT. 1. Section 2.02.8 is hereby repealed and the following enacted in lieu thereof: Section 2.02.8. Rules of Procedure. The rules of parliamen- tary practices comprised in the current edition of Robert's Rules of Order shall govern the sessions of the City Council, in all cases in which they are applicable, and where they are not inconsistent with the standing rules of the Council or the laws of the State. 2. Section 2.04.3 is hereby repealed and the following enacted in lieu thereof: Section 2.04.3. Presiding Officer Pro -Tem. At the organiza- tional meeting, the members of the Council shall select one of their number to act as the Mayor Pro -Tem in the event that the Mayor is unable to attend Council Meetings or is unable to act in his capacity as Mayor because of legal disability or absence from the community. In the absence or disability of the Mayor, the Mayor Pro-Tem's acts as such shall have the same force and effect and legality as though performed by the regularly elected Mayor and such Mayor Pro -Tem shall have the power to sign all resolu- tions and/or ordinances and execute all contracts or documents adopted or approved by the Council and do all other things incident to said actions and shall have all powers to initiate any emergency measures while acting as Mayor Pro -Tem as those possessed by the Mayor. In the event any State or Federal law requires the selection of a presiding officer pro -tem at a specific meeting of the Council due to the absence of the Mayor for the purpose of a specific project, bond issue or other proposal, the Council shall select a presiding officer pro -tem at that meeting for that purpose. SECTION III REPEALER. Sections 2.02.8 and 2.04.3 of the Municipal -2 - Ordinance No. 2591 Code 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 Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ATTEST: lie .tJ Jerk 1st Reading 6-1-71 2nd Reading 3rd Reading Brandt Butherus Connell Hickerson White s�- �• �.tiZ' �-'.� •.,-cam MAYOR Passed and approved this 1 day of June, A.D., 1971. ORDINANCE NO. 2592 AN ORDINANCE ESTABLISHING THE LEGAL DEPARTMENT FOR THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE OFFICE OF THE CITY ATTORNEY AND PROVIDING FOR THE APPOINTMENT OF ASSISTANTS TO THE CITY ATTORNEY AND DESIGNATING THE DUTIES OF THE CITY ATTORNEY AND ASSISTANTS TO THE CITY ATTORNEY, AND REPEALING CHAPTER 2.10 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, AND ALL 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 the Legal Department of the City of Iowa City, Iowa, and to establish the Office of City Attorney and provide for the appointment of assistants to the City Attorney and to designate the duties of the City Attorney and said assistants in order to provide effective legal representation for the City of Iowa City. SECTION II LEGAL DEPARTMENT. There is hereby established as a separate department for the City of Iowa City, a Legal Department. The Legal Depart- ment shall consist of the City Attorney and such assistants to the City Attorney as shall be authorized by the City Council of Iowa City, and such special assistants to the City Attorney as shall be authorized by Resolution. SECTION III CITY ATTORNEY. The City Attorney shall be appointed by the City Council of Iowa City, Iowa. The City Attorney shall be appointed or removed by a majority vote of the City Council. SECTION IV SPECIAL ASSISTANT CITY ATTORNEYS. The City Council shall establish special assistant City Attorneys by Resolution of the Council; said Resolution shall. define the position and the duties thereof. Special assis- tant City Attorneys shall be appointed or removed by a majority vote of the Council. SECTION V ASSISTANT CITY ATTORNEYS. Assistant City Attorneys shall be appointed or removed by the City Attorney, subject to the approval of the City Council and shall practice law only for the City and have no outside practice unless authorized•by the Council. SECTION VI DUTIES. A) City Attorney. The City Attorney shall advise the City Council when requested upon all legal questions arising in the conduct of the Council business. He shall attend all regular Council Meetings and such informal Council Meetings as the Council shall direct. He shall prepare or direct the preparation or revision of all ordinances and resolutions to be enacted by -2- Ordinance No. 2592 r> the Council; shall give his opinion upon any legal matter ar question submitted to him by the Council; shall prepare or approve or direct the preparation of all contracts which must be approved by the City Council; shall defend and prosecute all suits to which the City is a party or an employee of the City, within his course of employment, is a party in the District Courts and the Supreme Court of Iowa and in all Federal Courts, except appeals from Police Court; shall prosecute on behalf of the City all condemnation proceedings involving the City of Iowa City; shall represent the City Assessor and the Board of Review as required; shall render opinions to the City Manager when requested and when directed by the Council shall negotiate contracts on behalf of the Council; shall appoint such assistant City Attorneys as permitted by the Council, subject to the approval by the Council and shall direct and supervise the work of said assistants; shall make an annual report of the Legal Department and shall prepare a budget for said department; shall provide such other services as may be directed by the Council and shall prosecute all matters before the Civil Service Commission. The City Attorney shall serve on the Pension Boards as required by law and shall delegate such work and such duties to assistant City Attorneys as may be required for the proper functioning of the Legal Department of the City. B) Special Assistant City Attorneys. A special assistant City Attorney shall have those duties granted to him by the resolution -appointing him. He shall report directly to the Council and may confer with the City Attorney as may be advantageous to accomplish the work assigned. C) Assistant City Attorneys. Assistant City Attorneys shall represent the City on all small claims against the City; shall give advice to the City Manager and Department Heads on all routine matters; shall main- tain the Municipal Code and shall prepare ordinances as directed by the City Manager or the City Attorney; shall represent the Low Rent Housing Agency; shall prosecute all cases in the Police Court involving City charges and shall represent the Civil Service Commission; shall provide the various departments of the City such training and aid as may be required in Munici- pal law and the legal work in their departments; shall act as attorney for all Boards and Commission except the Pension Board; shall negotiate on behalf of the City purchase of real estate; shall perform such other duties as directed by the City Attorney and shall assist the City Attorney when. -3 - Ordinance No. 2592 required. SECTION VII STAFF. The City Manager shall provide the assistant City Attorneys with such staff as is necessary within the budget approved by the Council. The City Attorney shall provide his own staff at his regular office. SECTION VIII COMPENSATION. The City Attorney, assistant City Attorneys and special assistant City Attorneys shall be paid such compensation as shall be set by the City Council. SECTION IX REPEALER. Chapter 2.10 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 X 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 White that the Ordinance as read be approved, and upon roll call there were: AYES: NAYS: ABSENT: ATTEST: L ( l� City Clerk / lst Reading 7-6-71 2nd Reading 7-6-71 3rd Reading 7 -6 - Brandt Butherus Connell Hickerson White MAYOR Passed and approved this 6 day of 7u1y , A.D., 1971. ORDINANCE NO. 2593 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO Cl 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 Zone and the boundaries of Cl Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Lot 3, Paden's resubdivision of Lot 1 and Lot 4 of Charles Subdivision of the SW quarter of Section 22-79-6 of the Fifth Principal Meridan, Iowa City, Johnson County, Iowa according to the plat thereof recorded in the Johnson County Recorder's Office, Plat Book 1, Page 138, excepting therefrom the following described tract towit: Beginning 202 feet southwesterly from the northwest corner of said Lot 3, of Paden's Subdivision aforesaid, thence south 85 degrees 52 minutes east 384 feet, thence south 17 degrees 10 minutes west 549 feet to the original south line of said Lot 3, thence north 76 degrees west 215 feet, thence north 5 degrees 30 minutes west 360.5 feet, thence easterly 21 feet, thence north 2 degrees 40 minutes east 142 feet to the place of beginning. (Thatcher property south of Johnson Mobile Home 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 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 Brandt and seconded by Butherus that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Butherus x Connell x Hickerson x White x Passed and approved this 6th daof July 1971 /77 ,((l May6r ATTEST: City Clerk pproved by P&z, First Reading 6-I-7/ T. O Second Reading,: '•q[ 7�, Third Reading L/,_ g L Ta ORDINANCE NO. 2594 ORDINANCE ESTABLISHING THE PROCEDURE FOR THE CITY COUNCIL TO ESTABLISH BICYCLE PATHS ON THE STREETS IN IOWA CITY, IOWA, PROVIDE FOR THE ENFORCEMENT AND PENALTIES FOR THE VIOLA- TION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to establish a procedure by which the City Council may, by Resolution, set up bicycle paths or lanes on the City streets in Iowa City, Iowa, and prescribe the conditions and requirements thereof. SECTION II ESTABLISHMENT. The City Council of Iowa City, Iowa, shall by Resolution, when it determines it in the public interest, establish bicycle pgths or lanes upon the public streets and in said Resolution shall set the distance for said path, the size, the marking and other signing thereof. The Council shall determine if, in the public interest, the hours of said bicycle path or lane and other conditions of the use of said lanes. The Resolution shall direct the appropriate City official or department to put into effect its provisions. SECTION III PROHIBITIONS. No person shall drive a motor vehicle as defined by Section 6.02.21 of the Municipal Code in a designated bicycle path or lane or park any motor vehicle in a designated bicycle path or lane. Any person who shall drive or park a motor vehicle in a designated bicycle path or lane shall be guilty of a misdomeanor. SECTION IV MISDOMEANOR. Any person who shall violate the prohibitions of this Ordinance shall be guilty of a misdomeanor and upon conviction there- of shall be fined not exceeding $100.00 or imprisoned not exceeding thirty (30) days. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. It was moved by Connell and seconded by rn;j that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Brandt Butherus x Connell x Hickerson -2 - Ordinance No. 2594 x White YOR P 0 / ATTEST: City Clerk 1st Reading 7-6-71 T.O. 2nd Reading 7-20-71 T.O. 3rd Reading 7-20-71 T Passed and approved this 20 day of July , A.D., 1971. ORDINANCE NO, 9595 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA 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 RIA and the boundaries of R1B as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: The following described property located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the inter- section of the centerline of the lower West Branch Road and the West line of the East half of the Northeast quarter of Section 12, Township 79 North, Range 6 West of the 5th P.M., thence South 88 degrees 13' East 130 feet, thence south 57 degrees 42' East 1.395 feet, thence South o degrees 05' West 1,190 feet, thence South 89 degrees 14' West 990 feet, thence North 0 degrees 10' West 652.7 feet, thence West 540.6 feet, thence North 83 degrees 12' West 110 feet, thence North 22 degrees 240 feet, thence North 95 feet, thence North 89 degrees East 254 feet, thence North 0 degrees 27' West 966 feet to the point of beginning and containing 45 acres more or less. (Oakwoods Subd. VI) 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 White 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 White x . Passed and approved this 90 day of ruty 19•x. 7 Mayor ro tem First Reading U• ATTEST: �� !t ��- i� Second Reading y-.Rv- 71 7 D• City Clerk Third Reading Approved by 2.4Z ORDINANCE NO. 2596 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO R2 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 and the boundaries of R2 as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Lot Eleven (11) of Conway's Subdivision of a part of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof recorded in Plat Book 4, page 253 of the Plat Records of Johnson County, Iowa. (Prairie duChien Road -St. Ann Drive) 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 White and seconded by Butherus that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Butherus x Connell x Hickerson x White x Passed and approved this 17 day of August , 19 71. mayor �1 ATTEST: C City Clerk Cunningham ♦..........-A 1... nr, First Readin o 7/ %c)- Second .0Second Reading—Z-3---/ 7-t. Third Reading ORDINANCE NO. 2597 1 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R2 TO R 3 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 u7 and the boundaries of R3 as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Lot 1, Block 3, D. A. Dewey's Addition, Iowa City, Iowa (928 North Governor) 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 grandt 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 White x Passed and approved this 7 day of Spntpmher 19]1 . ✓ (6X t Mayor ' First Reedin� . ATTEST: 2 % � ic� Second Readin ra . City Clerk Third Reading�_ V. Ludington Approved by Paz ORDINANCE NO. 2598 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY REPEALING CHAPTERS 10.2 AND 10.6 OF SAID MUNICIPAL CODE AND ENACTING IN LIEU THERE- OF A NEW CHAPTER 10.2 ESTABLISHING A HUMAN RELATIONS COMMISSION IN THE CITY OF IOWA CITY, IOWA, AND TO DECLARE DISCRIMINATORY PRACTICES IN PUBLIC ACCOMODA- TIONS OR SERVICES AND EMPLOYMENT, AND THE SALE, LEASING, FINANCING OR SHOWING OF DWELLING UNITS TO BE AGAINST PUBLIC POLICY; PROVIDING FOR THE INVESTI- GATION AND CONCILIATION OR REPORTS AND COMPLAINTS THEREOF AND PROVIDING FOR PUBLIC HEARINGS ON REPORTS OR COMPLAINTS THEREOF AND PROVIDING FOR THE PROCEDURE AND ENFORCEMENT 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 general welfare of the citizens of Iowa City, Iowa, by establishing a Human Relations Commission to study the problems of the relationships of people of various races, colors, creeds, religions, nationalities, sexes, and ancestries living within the community and to assist the City Government on said problems, and to provide procedures for the operation of said Commission to the end that an effort be made to eliminate prejudice, intolerance, bigotry and discrimination in the City of Iowa City, and further, to provide for the general welfare of the citizens of Iowa City, Iowa, by declaring discriminatory practices in the areas of public accomodations, employment and the leasing, sale, financing or showing of real property to be against public policy and to pro- vide procedures for the investigation of complaints and concilia- tion thereof and to provide for the enforcement thereof. SECTION II HUMAN RELATIONS COMMISSION. 'ihe .owa City Human Relations Commission shall consist of nine (9) members, appointed by the Mayor with the approval of the City Council. Appointees shall serve for a term of three years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the city. -2 - SECTION III COMPENSATION. The members of the Commission shall serve without compensation, provided that they may receive actual and necessary expenses incurred, as approved by the City Council, within the limits established in the city budget. SECTION IV ELECTION OF OFFICERS. The Commission shall elect from its own membership at its regular January meeting its chairman and vice-chairman each to serve for a term of one year. It shall at its regular January meeting elect a secretary, who may be, but need not be, a member of the Commission. The Commis- sion shall fill vacancies among its officers for the remainder of the unexpired term. SECTION V MEETINGS. 1. The Commission shall hold at least one regular meeting during each calendar month, at a time and place to be determined by its rules. 2. The chairman, the vice-chairman, or any three members of the Commission may call a special meeting by giving at least one (1) clear day notice in writing to every member of the Commission. The call for a special meeting shall include an agenda, and only matters included in that agenda may be discussed at the meeting. 3. A quorum of the Commission shall be five (5) members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairman shall vote as a member of the Commission. 4. The Commission may adopt, amend, or rescind such rules as may be necessary for the conduct of its business. SECTION VI PUBLIC MEETINGS AND RECORDS. I. All meetings of the Commission shall be public meetings, except: -3- a. the Commission may hold a closed session by affirmative vote of two-thirds (2/3) of its members present, the votes on such motion be�ng recorded in the minutes by yeas and nays, when necessary to prevent irreparable and needless injury to the reputation of an individual whose employment or discharge is under consideration, but any motion decided in such session shall be voted on by yeas and nays and shall be recorded in the minutes; and b. the Commission shall hold a closed session for consideration of any complaint of discrimination or report concerning investigation or conciliation of said complaint, as provided in this Ordinance. 2. All records of the Commission shall be public, except: a. complaints of discrimination, reports of investigations, statements and other documents or records obtained in investigation of any charge shall be closed records, unless charges are filed or District Court action commenced as provided in this Ordinance. .b. the minutes of any session which is closed under the provisions of this Ordinance shall be closed records. 3. No member of the Commission or of its staff shall dis- close the filing ofa charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless such disclosure is made in connection with the conduct of an investigation or after charges are filed or'"District Court action is commenced upon a complaint filed as provided in this Ordinance. This section does not prevent any complaintant, witness or other person from publicizing the filing of a charge or complaint or the matter therein complained of. Violation of these -4- provisions by a member of the Commission shall constitute grounds for removal. SECTION VII STAFF. The staff of the Human Relations Commission shall be appointed by the City Manager of Iowa City, Iowa, after consultation and coordination with the -Human Relations Commission, subject to the approval of the City Council. SECTION VIII POWERS OF COMMISSION. The Commission shall have the following powers and duties. 1. To receive, investigate and pass upon complaints of discrimination or complaints alleging unfair or discriminatory practices, as provided in this Ordinance. 2. To investigate and study the existence, character, causes, and extent of discrimination in public accomodations, employment, apprenticeship programs, on-the-job training programs, vocational schools, and housing in this city and eliminate des - crimination by education, conciliation, and enforcement where necessary. 3. To issue such publications and reports of investigations and research as in the judgment of the Commission shall tend to promote good will among the various racial, religious, and ethnic groups of the city and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprentice- ship and on-the-job training programs,'vocational schools, or housing because of race, creed, color, sex, national origin, religion or ancestry. 4. To prepare and transmit to the Mayor and Council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work per- formed by the Commission. -5- 5. To make recommendations to the Mayor and Council for such further legislation concerning discrimination because of race, creed, color, sex, national origin, religion, or ancestry as it may deem necessary and desirable. 6. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this Ordinance, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. SECTION IX POLICY. The Iowa City Human Relations Com- mission shall cooperate with the Iowa State Civil Rights Commis- sion, the United States Civil Rights Commission, the federal Equal Employment Opportunity Commission and other agencies with similar purposes. SECTION X DISCRIMINATORY PRACTICES - ACCOMODATIONS OR SERVICES. 1. It shall be an unfair or discriminatory practice for any owner, lessee, sublesee, proprietor, manager, or superintend- ent of any public accomodation or any agent or employee thereof: a. To refuse or deny to any person because of race, creed, color, national origin,religion, sex, or ancestry the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to dis- criminate against any person because of race, creed, color, national origin, religion, sex, or ancestry in the furnishing of such accomodations, advantages, facilities, services or privileges. b. To directly or indirectly advertise or in any other manner, indicate or publicize that the patronage of persons of any particular race, creed, color, national origin, religion, sex, or ancestry is un- welcome, objectionable, not acceptable or not solicited. J 2. "Public accomodation" means each and every place, establishment, or facility of whatever kind, nature or class, that caters or offers services, facilities or goods to the general public with or without a fee or a charge, or any such place, establishment or facility that receives any governmental support or subsidy. Public accomodation shall not mean any bona fide pri- vate club or other place, establishment or facility which is by its nature distinctly private, except when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for fee or charge or gratuitiously, it shall be deemed a public accomodation during such period of use. 3. This section shall not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to bona fide religious purpose. 4. This section shall not apply as to sex only as to the rental or leasing to transient individuals of less than six rooms within a single hous- ing accomodation by the occupant or owner of such housing accomodation if the occupant or owner or members of his family reside therein. SECTION XI DISCRIMINATORY PRACTICES - EMPLOYMENT. 1. It shall be an unfair or discriminatory practice for any: a. Person to refuse to hire, accept, register, classify, upgrade or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the race, creed, color, national origin, religion, sex, or ancestry of such applicant or employee. b. Labor organization or the employees, agents, or members thereof to refuse to admit to membership, apprenticeship or training any applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprentice- ship or training or any member in the privileges, rights, or benefits of such membership, apprenticeship or training because of the race, creed, color, national origin, religion, sex, -7 - or ancestry of such applicant or member. C. Employer, employment agency, labor organization, or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, national origin, religion, sex, or ancestry are unwelcome, objectionable, not acceptable, or not solicited for employment or membership. 2. a. "Employee" means any person employed by an employer. b. "Employer" means the City of Iowa City or any board, commission, department, or agency thereof, and every other person employing employees whose employment or any part thereof is within this city. C. "Employment agency" means any person undertaking to procure employees or opportunities to work for any other person or any person holding himself or itself to be equipped to do so. d. "Labor organization" means any organization which exists for the purpose in whole or in part of collective bargaining, or dealing with employers concerning grievances, terms, or condi- tions of employment, or of other mutual aid or protection in connection with employment. 3. This section shall not apply to any bona fide religious insti- tution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. SECTION XII DISCRIMINATORY PRACTICES - HOUSING. It*shall be a discriminatory practice: 1. For any person, firm or corporation or any agent or employee thereof, having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to refuse to sell, rent, lease, assign or sublease any dwelling unit, commercial unit, real property or part or portion thereof or interest therein to any person, firm or corporation because of the race, color, ancestry, creed, religion or national origin/ of said person, firm or corporation. we 2. For any person, firm or corporation or any agent or employee thereof having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to im- pose upon any person firm or corporation, unusual, extraordinary onerous terms, conditions, or privileges in the sale, rental, leasing, assignment or subleasing of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein because of race, color, creed, religion or national origin of the said person, firm or corporation. 3. For any person, firm or corporation or agent or employee thereof, having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, sublease or assignment, listing, showing or the lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein by persons of any particular race, color, creed, religion or national origin, is unwelcome, objectionable, not acceptable or not solicited. 4. For any person, firm or corporation or any agent or employee thereof engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construe= tion,rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to refuse to lend money, guarantee loans, accepting mortgages or otherwise make available funds for the purchase, acquisition, construction, rehabilita- tion, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein or to place unusual, extraordinary, onerous rates of interest, terms or conditions on the lending of said money, the guaranteeing of said loans, acceptance of said mortgages or the availability of such funds because of the race, color, creed, religion, or national origin/of said person, firm or corporation applying for said loans or guarantees or mortgages. 5. For any person, firm or corporation or agent or employee thereof to refuse to furnish any facilities or services to any dwelling unit, commercial unit, real property or part or portion thereof because of the race, color, creed, religion or national origin/of any person, firm or corporation making application for said facilities or services. sn 6. For any person, firm or corporation or agent or employee thereof engaged in the real estate business in any capacity whatsoever to refuse to sell, rent, lease, assign or sublease any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein to any person because of the race, color, creed, religion or national origin/ of such person, or to represent for the reason of race, color, creed, religion or national origin of any person, that any dwelling - unit, commercial unit, real property or any part or portion thereof or interest therein is not available for inspection, sale, rental, lease, assignment or sublease, or otherwise to deny or withhold any dwelling unit, commercial unit, real property or any part or portion thereof of interest therein, to any person because of the race, color, creed, or religion or national origin of said person, firm or corporation. 7. For any person, firm or corporation or agent or employee thereof to include in any sale, rental, lease, assignment or sublease of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, as a condition of said transaction that the purchaser, renter, tenant, occupant or assignee agree not to sell, rent, lease, assign or sublease the said dwelling unit, commercial unit or real property or part or portion thereof or interest therein to any person, firm or corporation because of race, color, creed, religion or national origin/ of such person, firm or corporation. 8. For any person, firm or corporation or any agent or employee thereof to discriminate against another person, firm or corporation in any of the rights protected against under. the provisions of this Ordinance because such person, firm or corporation obey the provisions of this Ordinance or has opposed any practice forbidden under this act or has filed a complaint, testified or assisted in any proceeding under this Ordinance. 9. For any person, firm or corporation or agent or employee there- of, to aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory practice under the pro- visions of this Ordinance, or to obstruct or prevent compliance with the provisions of this Ordinance or any proceedings by the Human Relations Commission, pursuant to this Ordinance or to attempt directly or indirectly to commit any act declared by this Ordinance to be a discriminatory practice. -10- 10. The provisions of this Section shall not apply to the following: Any bona fide religious institution with respect to any qualifications it may impose based upon religion, when such qualifications are related to a bona fide religious purpose. SECTION XIII REPORT OY DISCRIMINATORY PRACTICE. 1. Any person claiming to be aggrieved by a discriminatory or unfair practice within this city may, by himself or his attorney, make, sign, and file a verified written complaint of discriminatory practice, with the Secretary of the Commission. The Commission, a member of the Commission, the City Attorney, or the Iowa State Civil Rights Commission may in like manner, make, sign and file such complaint. Any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this Ordinance may in like manner, make, sign, and file such complaint. 2. A verified copy of a complaint filed with the Iowa State Civil Rights Commission under the provisions of Chapter 105A of the Code of Iowa, shall be a sufficient complaint for the purpose of this Ordinance, if it alleges either in the text thereof or in accompanying statements that the alleged discriminatory practices occurred within this city. 3. Any complaint filed under this Ordinance shall be so filed within ninety (90) days after the most recent act constituting the alleged discriminatory or unfair practice. SECTION XIV NOTICE TO IOWA STATE CIVIL RIGHTS COMMISSION. 1. The secretary of the Commission shall immediately notify the Iowa State Civil Rights Commission in writing of the filing of a com- plaint under this Ordinance by forwarding a copy of the complaint, and shall provide such other and further information thereon as from time to time the Commission shall deem proper. -11- 2. Whenever this Ordinance requires the Commission or its secretary to notify the Iowa State Civil Right's Commission of any matter, it shall be the duty of the secretary of the Commission to transmit such notice cr information in writing within five (S) days of the event giving rise to the duty to give notice or information. SECTION XV INVESTIGATION. 1. After the filing of a complaint, the secretary of the Commission, shall refer the complaint to the City Attorney who shall make an investigation of the complaint. 2. The City Attorney shall first determine whether probable cause exists to believe that the person charged in the complaint has committed an unfair or discriminatory practice. The City Attorney shall file a detailed written report to the Commission within seven (7) days as to whether or not probable cause exists to believe a discriminatory practice has occurred. SECTION XVI NO PROBABLE CAUSE. 1. If the City Attorney shall find no probable cause to believe that the person charged has committed an unfair or dis- criminatory practice, he shall report the same to the Commission and the Commission shall review the investigative report. If the Commission agrees that no probable cause does exist, it shall notify the complainant in writing by Registered Mail of the find- ings and of his rights to appeal therefrom. If the Commission determines that probable cause exists, it shall take further pro- ceedings as are provided in Sections XVII and following of this Ordinance. 2. If the Complainant fails to object to the findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa State Civil Rights Commission. 3. If the complainant objects in writing to the findings with- in ten (10) days of delivery of such written notice, the Commission shall hear his evidence in an executive session. If the Commission finds no probable cause to believe that the person charged has -12 - committed an unfair ordi.scriminatory practice, it shall declare the case closed. If the Commission finds probable cause to exist, it shall take further proceedings as are provided in Sections XVII and following of this Ordinance. SECT ON XVII PROBABLE CAUSE. I. If the City Attorney shall find probable cause to believe that the person charged has committed an unfair or discriminatory practice, he shall report the same to the Commission. 2. Upon the report to the Commission of a finding of pro- bable cause to believe that the person charged has committed an unfair or discriminatory practice as defined by this Ordinance, the Chairman shall notify the Conciliation Board to whom the report shall be referred and the Conciliation Board shall notify the parties involved of the commencement of conciliation procedures and the Board shall attempt to effect a conciliation. SECTION XVIII CONCILIATION. 1. If the Conciliation Board is able to effectuate a dis- position agreeable to the complainant, the person charged and the Board, such disposition shall be reduced to a written stipulation and executed by the parties and the agreement reported to the Com- mission. If the person charged and the Board agree to a disposi- tion but complainant fails to agree, the Board shall report the matter to the Commission and the matter shall be heard by the whole Commission in executive session. 2. If the Commission accepts the conciliation agreement pre- sented by the Board and the person charged, it shall close the case, subject to whatever continuing supervision of the charged party is provided in the agreement. If the Commission accepts the concilia- tion agreement, it shall communicate the terms of the agreement to the Iowa State Civil Rights Commission. The acceptance by the Com- mission shall not prevent the complainant from taking other acti.bn provided by law. 3. If the Commission rejects the conciliation agreement, it may either direct that further attempts at conciliation be made or it may direct that action be taken as provided in Section XIX. _13 - SECTION XIX PROCEEDINGS UPON FAILURE TO CONCILIATE. If the Conciliation Board is unable to effectuate a disposition agreeable to the parties within thirty (30) days, it shall file a report of no conciliation with the Commission and recommend what further action as provided herein should be taken, or if the Commission rejects a conciliation agreement, it shall determine what action as provided herein shall be taken. The Conciliation Board may recommend: 1. That no further action be taken, thus closing the case. 2.. That the Commission direct the City Attorney to file a criminal, charge in Police Court. 3. That the Commission direct the City Attorney to seek injunctive relief in the District Court of the State of Iowa which may include a prayer for pecuniary damages, punitive damages, injunctive relief, cease and desist orders and such other affirma- tive action as will remedy the unfair and discriminatory practice. The Commission shall, within five (5) days after the filing of the Board's report, direct one.of the actions set out above be taken. SECTION XX INJUNCTIVE RELIEF. At any time after the initial filing of a complaint of unfair or disciminatory practice the City Attorney may request from the Chairman of the Commission authorization to commence an action in District Court for a temporary injunction to preserve the status quo or to cause the person accused to cease and desist from a continuance of the practice complained of in the report filed when in the opinion of the City Attorney and the Chairman of the Commission that failure to obtain a temporary injunction will cause irreparable injury to the complainant or would make future compliance with the Ordinance ineffective as to the complaint charged. In like manner, the City Attorney shall seek the same relief upon the request of a majority of the Conciliation Board or the Commission. SECTION XXI MISDEMEANOR. Any person, firm or corporation who commits a discriminatory practice as defined by this Ordinance shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of from one ($1) to one hundred ($100) Dollars or by imprisonment for from one to thirty days. -14 - SECTION XXII DAMAGES. Any person, firm or corporation who commits a discriminatory practice as defined by this Ordinance shall be liable to the person or persons discriminated against for actual and punitive damages. SECTION XXIII DEFINITIONS. 1. "City Attorney" shall mean the duly appointed attorney for the City of Iowa City or such other person designated by him. 2. "Commission" shall mean the Iowa City Human Relations Commission. 3. "Complainant" means a person who has filed a report of discrimination as provided by this Ordinance. 4. "Conciliation Board" shall mean a board of three members of the Commission serving on a rotational basis as established by the Commission but in such a manner that no person shall serve on more than three consecutive complaints. S. "Person" means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the City of Iowa City, Iowa, or any board, commis- sion, department or agency thereof. 6. "Person charged" means a person who is alleged to have committed an act prohibited by this Ordinance, against whom a report or complaint has been filed, as provided by this Ordinance. SECTION XXIV REPEALER. Chapters 10.2 of the Municipal Code of the City of Iowa City, Iowa, and any and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION XXV SAVINGS CLAUSE. If any section, subsection, provision, sentence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional by any court of -19 - competent jurisdiction, such adjudication shall not affect the validity of the Ordinance as a whole or any section, subsection, provision, sentence, clause, phrase or part of this Ordinance not adjudged invalid or unconstitutional. SECTION XXVI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. It was moved by white and seconded by Brandt that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x Brandt Butherus Connell Hickerson White l i ii ayox. Attest: 6LIL CITY CLERK 1st Reading 7-1.-7/ 7'L, 2nd Reading I -&,o=il T.O. 3rd Reading q-1-7/ T Q . Passed and approved this 2 day of coPr . A.D., 1971. 1/ ORDINANCE NO. 25984 46 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 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 follow- ing property, to -wit: Conunencing at the NE corner of the NW -1/4 of Sec. 23, T79N, R6W of the 5th P.M.; thence S 1°39'10" E, 375.40 feet to the centerline station 222 + 12.6 of U. S. Hwy. #6; thence S 0°01' 03" E, 1,395.58 feet; thence N 88°57'05" E, 35.00 feet to the point of beginning; thence S 0°01'03" E, 280.04 feet to the NW corner of Lot 36 Part One A, Mount Prospect Addition to Iowa City, Iowa; thence N 88°57'05" E, 31.12 feet; thence N 85°42'05" E, 97.51 feet; thence N 82°27'05" E, 305.41 feet; thence N 85°43'16" E, 130.04.feet; thence N 88' 59'27" E, 540.87 feet; thence N 50°33'52" E, 64.76 feet; thence S 89°58'52" E, 127.00 feet; thence N 0°01'08" E, 242.07 feet; thence S 88°59'27" W, 722.93 feet; thence W-erly 162.07 feet along a 1,420 foot radius curve concave S-erly; thence S 82°27'05"'W, 305.41 feet; thence W-erly 65.80 feet along a 580 foot radius curve concave N-erly; thence S 88057'05" W, 26.08 feet to the point of beginning. Said tract containing 8.11 acres more or less. 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 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 White x Pass" and approved this 21 day of 1971 . , Mayor First Readingi- % ATTEST: -� a Second Read in Z( _-7( T. e City Clerk Third Reading, i,_ -7/ TU. r ORDINANCE NO. 2599 AN ORDINANCE GRANTING A RIGHT-OF-WAY ACROSS BENTON STREET IN IOWA CITY, IOWA, TO THE IOWA ELECTRIC LIGHT AND POWER COMPANY OPERATING THE CEDAR RAPIDS AND IOWA CITY RAILROAD AND SPECIFYING THE TERMS AND CONDITIONS OF SAID RIGHT-OF-WAY. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to grant to the Iowa Electric Light and Power Company operating the Cedar Rapids & Iowa City Railroad, a right-of-way across Benton Street in Iowa City, Iowa, and to specify the terms and conditions of said right-of-way. SECTION II GRANT. The City of Iowa City hereby grants to the Iowa Electric Light and Power Company operating the Cedar Rapids and Iowa City Railroad, its successors and assigns, a perpetual right-of-way for the pur- pose of constructing and operating a railroad line single track across Benton Street in Iowa City between the Benton Street Bridge over the Iowa River and Capitol Street, subject to the terms and conditions of this Ordinance. The railroad company shall prepare plans and specifications for the constrct- ion of the crossing and submit the plans and specifications to the City for approval. Construction work on the crossing shall not begin before said plans and specifications are approved by the City. SECTION III CROSSING REPAIR. The Railroad Company shall put and maintain the railroad crossing in good repair for the convenient and safe crossing of motor vehicles, bicycle and pedestrian traffic, all at its own expense and shall indemnify and save harmless the City of Iowa City from any and all claims arising from any accidents caused by the disrepair of said tracks. In the event the Railroad fails to maintain said crossing the City, at its option, may repair same and assess the cost thereof against the Railroad Company, but this option shall not relieve the Company of the responsibility to maintain said crossing. SECTION IV SIGNALS. The Railroad Company shall provide automatic crossing signals for the crossing as shall be approved by the City, adequate to provide crossing safety for motor vehicles, bicycles and pedestrians. The cost of said signals and their repair and maintenance shall be borne by the Company. M k - SECTION V BLOCKING TRACK. The Railroad agrees not to allow the block- ing of the crossing by trains for a period in excess of ten (10) minutes and further agrees to allow a period of at least five (5) minutes to elapse be- tween any two blocking of the tracks. Blocking, as used herein, shall not include construction work but shall mean the blocking of the crossing by trains, either moving or standing. SECTION VI RELOCATION. In the event that the City should improve Benton Street or the Benton Street Bridge by any means, the Railroad Company shall relocate its tracks as directed by the City after consultation with the Railroad Company and the Company shall bear all costs of the relocation of said tracks. SECTION VII ACCEPTANCE. The Iowa Electric.Light and Power Company operating the Cedar Rapids and Iowa City Railroad Company shall be deemed to accept this grant and its terms and conditions upon written receipt from said Company to the City of Iowa City, Iowa, indicating acceptance. 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 x x x ATTEST: City Cler 1st Reading 9-7-71 T.O. 2nd Reading 9-21-71 T.O. 3rd Reading 10-5-71 T.O. Brandt ButheruS Connell Hickerson White Mayor Passed and approved this 5th day of October, A.D., 1971. 7 G ORDINANCE NO. 2500 ORDINANCE AMENDING SECTION 2.40.13(G) OF THE PERSONNEL CODE OF IOWA CITY, IOWA, ALLOWING BOARD AND COMMISSION MEMBERS TO PARTICIPATE IN POLITICAL ACTIVITY. 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 to allow members of Board and Commissions to participate in political activity in Municipal elections. SECTION II AMENDMENT. Section 2.40.13(G) is hereby repealed and the following is enacted in lieu thereof: 2.40.13(G). IMPROPER POLITICAL ACTIVITY. No person holding an office, or employment, in the City service shall: 1. Continue in his position after becoming a candidate for nomination or election to any public office. 2. Solicit any monetary contribution to the campaign funds of any political organization; nor make any monetary contribution to any municipal political campaign or to the campaign of any candidate for municipal office. 3. Take any active part in a municipal political campaign. 4. Act as a worker at the polls or distribute badges, pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or nomination to a municipal office. S. This section shall not apply to members of Boards and Commissions of the City of Iowa City. SECTION III SAVINGS CLAUSE. In the event any section, provision or part of 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 Ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Butherus 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 White MAYOR -2 - Ordinance No. 2600 n r ATTEST: i -L.�l X16-.(, . City Clerk L let Reading /O - S - 7/ 7 D 2nd Reading /O - - 7/T U - 3rd Reading /6 -.5- 7/ 7-0. Passed and approved this 5 day of October, A.D., 1971. / JRDINANCE NO. 2601 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA 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 and the boundaries of RIR as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: The west 310 feet of the southeast quarter of the southeast quarter and of the south 10 acres of the northeast quarter of the southeast quarter, all in Section 12, Township 79 North Range 6 west of the 5th P.M. (Plum Grove Acres) 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 Brandt and seconded by White that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Butherus x Connell x Hickerson x F4tite x Passed and approved this 19 day of October , 19jL_. % �I�� �% Mayor ATTEST: ( ,('��r-LP '2=' City Clerk First Reading 9 11 11 1.U. Second Reading to-! 7/ T d Third Reading /a i4 71 TA ORDINANCE NO. 2602 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO R2 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 and the boundaries of u9 7nne as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Lot Ten (10) of Conway's Subdivision of a Part of Section 3, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Iowa (Vicinity Prairie du Chien Road and St. Ann Drive) 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 Brandt and seconded by White that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Butherus x Connell x Hickerson x White x Passed and approved this 19 day of October 19 71. Mayor _ 7 First Read• g _�/'� j 4 ATTEST: -a BJ Second Reading /�- 5 - 7/ T. p City Clerk Third Reading A -19-ii T, 6. Approved by P&Z ORDINANCE NO. 2603 AN ORDINANCE ESTABLISHING THE REQUIREMENTS FOR UNDER- GROUND ELECTRIC DISTRIBUTION LINES AND TELEPHONE DISTRIBUTION LINES -AND ESTABLISHING THE STANDARDS THEREFORE AND PROVIDING FOR EXCEPTIONS THERETO. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA - SECTION I PURPOSE. The purpose of this Ordinance is to establish requirements for underground electric and telephone distribution lines and establish the standards therefore and the exceptions thereto. SECTION II ELECTRIC DISTRIBUTION LINES. A. Applicability. 1. Extensions of electric distribution lines necessary to furnish permanent residential electric service to new residences within a new resi- dential subdivision or to new apartment buildings, shall be made underground with the exception of transformers, meter pedestal, switch gear and other appurtenances impractical to bury. Such extensions of service shall be made by the utility in accordance with the provisions of this Ordinance. This Ordinance does not apply to principal distribution circuits or to trans- mission lines. B. Definitions. 1. The following words and terms, when used in this Ordinance, shall have the meaning indicated: Apartment building - a building containing at least 5 apart- ments, which is provided with electric service through one service extension. Applicant - the developer, builder or other person, partnership, association, corporation or governmental agency applying for the construc- tion of an underground electric distribution system in a subdivision. City Council - the City Council of Iowa City. City Engineers - the City Engineer of Iowa City. City Manager - the City Manager of Iowa City. Subdivision - a trace of land which is divided into lots, pursuant to State and City law. Utility - the electric company serving Iowa City. C. Rights of Way an& Easements. 1. The applicant shall provide adequate easements, including ease- ments necessary for access to street lights, to allow electric service for the subdivision, and the easements shall be included as part of the plat of the subdivision. 0 -2 - Ordinance No. 2603 2. Within the applicant's subdivision the utility shall construct, own, operate, and maintain underground distribution lines only along public streets and highways which the utility has the legal right to occupy, and on public lands and private property across which easements are provided. 3. Rights of way and easements suitable to the utility must be furnished by the applicant in reasonable time to meet service requirements and must be cleared of trees, tree stumps, and other'obstructions as no charge to the utility, and must be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clear- ance and grading must be maintained by the applicant. D. Installation of Underground Distribution System Within Subdivision. 1. Upon receipt of a proper application the utility shall construct and install an underground electric distribution system with sufficient capacity and suitable materials which, in its judgment, will assure that the applicant will receive safe, adequate and reasonable electric service for the foreseeable future. 2. The utility shall charge the applicant according to the "Schedule of Charges and Credits" which is filed as provided in Section H, 1. E. Advances by Applicant. 1. Where, due to the manner in which a subdivision is developed, the utility is required to construct an underground electric distribution system through a section or sections of the subdivision where service will not be connected for at least 2 years, then the utility may require a reasonable deposit from the applicant before construction is commenced, in order to guarantee performance. 2. Where the subdivision is developed in a uniform manner, so that the utility may restrict the construction of its underground electric dis- tribution system to the areas in which houses are being constructed, then the utility may not require a deposit greater in amount than the charges calculated in accordance with the Schedule of Charges and Credits provided in Section H, 1. 3. If the amount of the deposit is in excess of the charges under this Ordinance, then the deposit, with interest, shall be returned to the applicant, on a pro -rata basis, as each new customer in the subdivision completes his permanent service connection, except that any amount due the -3 - Ordinance No. 2603 utility under these rules may be withheld when the deposit is being returned to the applicant. 4. Any portion of a deposit remaining unrefunded 10 years from the date the utility is first ready to render service from the extension will be retained by the utility and credited to an appropriate account. F. Cooperation by Applicant. 1. The charges specified in this Ordinance are based on the premise that each applicant will cooperate with the utility in an effort to keep the cost of construction and installation of the underground electric distribu- tion system as low as possible. G. Construction. 1. To the maximum extent practicable, and in the exercise of due care, electric cables, communications cables, and gas pipes.shall be installed in the same trench. 2. If the affected utilities, power and communication, after care- ful consideration conclude that it is uneconomical or otherwise impracticable for any one or two of them to participate in the joint use of trench on a project, then they shall record the reasons for the decision and shall keep such record for periodic review by the City Council or its representative. H. Reports. 1. The utility shall annually file with the City a schedule of charges and credits for providing underground wiring. The schedule shall include the following: (1) the normal charge per lot in a subdivision for providing underground wiring to the lot line; (2) the charge per lot for providing underground wiring to the lot line in abnormal situations and the factors which establish that the normal charge will not be made; (3) the charge for connecting residences to the nearest line adjacent to the lot; (4) the charge, if any, for establishing underground wiring to an apartment building; (5) the credit which an applicant will receive for trenching and backfilling done by the applicant; (6) any other charges, costs, or credits which will affect the -4 - Ordinance No. 2603 new cost of underground wiring to new subdivisions or apartments; (7) the differential charge for ornamental poles for street lights. 2. The utility shall annually file a statement of costs incurred in installing underground wiring in the preceding year. The utility shall also file a statement concerning maintenance costs and maintenance savings incurred in the underground wiring installed. 3. The utility shall submit to the City Council annually an engi- neering estimate of the current cost to it of constructing an underground electric distribution system and a comparable overhead electric distribution system. ~ 4. The utility shall also report the amount of trench which electric service has shared with communication cable and/or gas pipe during the prece- ding year. The report shall also show the contributions per foot by it and by the collaborating telephone company and the cost assessed to gas service and electrical service for joint use of a trench. 5. The utility shall report annually on the cost difference between wooden poles and the ornamental poles which are provided for street lighting. I. Special Conditions. 1. In unusual circumstances, when the application of these provisions appears impracticable or unjust, the utility or applicant shall refer the matter to the City Engineer for consideration. The City Engineer may waive any provisions of this Ordinance if he finds that enforcement would be hazardous, unusually costly, damaging to the ecology or destructive of the property of another. J. Street Lights. 1. In new subdivisions, the electric utility shall provide under- ground wiring to the pole sites for appropriate street lights as determined by the City Engineer. The subdivider may, at his option, pay an additional amount, as determined by the utility, and obtain ornamental poles approved by the City Manager. The utility can make the additional charge for orna- mental poles only if it supports the additional charge by a current cost analysis available to the general public showing the cost difference between the usual wooden pole and the ornamental pole. .SECTION III TELEPHONE DISTRIBUTION LINES., -5 - Ordinance No. 2603 A. Applicability. 1. Extensions of telephone distribution lines, with the exception of necessary terminals and cross -connect boxes, applied for after the effective date of these rules, and necessary to furnish a permanent residential telephone service to new residences within a new residential subdivision of 5 or more lots, or to new apartment buildings, shall be made underground. Such exten- sions of service shall be made by the utility in accordance with the provisions in these rules. B. Definitions. 1. The following words and terms, when used in these rules, shall have the meaning indicated: Apartment building - a building containing at least 5 apartments. Applicant - the developer, builder or other person, partnership, association, corporation or governmental agency applying for the construction of an underground telephone distribution system in a subdivision. City Council - City Council of Iowa City. Subdivision - a tract of land which is divided into lots, pursu- ant to State and City law. 0 Utility - the "telephone company" serving Iowa City. C. Rights of Way and Easements. 1. The applicant shall provide adequate easements to allow telephone service for the subdivision, and the easements shall be included as part of the plat of the subdivision. 2. Within the applicant's subdivision the utility shall construct, own, operate and maintain underground distribution lines only along public streets and highways which the utility has the legal right to occupy, and on public lands and private property across which easements are provided. 3. Rights of way and easements suitable to'the utility must be furnished by the applicant in reasonable time to meet service requirements and must be cleared of trees, tree stumps and other obstructions at no charge to the utility, and must be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading must be maintained by the applicant. D. Installation of Underground Distribution System Within Subdivision. 1. Upon receipt of a proper application the utility, at no charge, 1 -6 - Ordinance No. 2603 shall construct and install an underground telephone distribution system with suitable materials to assure that the applicant will receive safe, adequate and reasonable telephone service for the foreseeable future. E. Connection to Existing System. 1. The connection from the existing telephone distribution system to the underground system installed within the applicant's subdivision shall be made underground. F. Cooperation By Applicant. 1. Each builder or developer shall cooperate with the utility in an effort to keep the cost of construction and installation of the underground telephone distribution system as low as possible. G. Construction. 1. To the maximum extent practicable, and in the exercise of due care, electric cables, communications cables, and gas pipes shall be installed in the same trench. 2. If the affected utilities, power and communication, after care- ful consideration, conclude that it is uneconomical or otherwise impracti- cable for any one or two of them to participate in the joint use of trench on a project, then they shall record the reasons for the decision and shall keep such record for periodic review by the City Council or its representative. H. Special Conditions. 1. In unusual circumstances, when the application of these provisions appears impracticable or unjust, the utility or applicant shall refer the matter to the City Engineer for consideration. The City Engineer may waive any provisions of this Ordinance if he finds that enforcement would be hazardous, unusually costly, damaging to the ecology or destructive of the property of another. SECTION IV MISDOMEANOR. Any person, firm, or corporation who violates the provisions of this Ordinance shall be guilty of a misdomeanor and upon conviction thereof shall be punished by a fine of from $1.00 to $100.00, or by imprisonment for from one to thirty days. SECTION V SAVINGS CLAUSE. In the event aiy section, provision, or part of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity 1 -7 - Ordinance No. 2603 of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid. SECTION VI 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 white that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: r' ATTEST: d(z- CITY CLERK 114 let Reading q. _1 /- 7 I d . 2nd Reading /!> S -71 O 3rd Reading /D - 19 - 71 T d . Brandt Butherus Connell Hickerson White theLG MAYOR Passed and approved this 19 day of October , A.D., 1971. Published October 29, 1971. 1 ORDINANCE NO. 71-2604 AN ORDINANCE ESTABLISHING THE IOWA CITY AREA SOCIAL CONCERNS COMMITTEE, THE MEMBERSHIP AND DUTIES AND RESPONSIBILITIES THEREOF AND THE TERMS OF OFFICE. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to establish an Iowa City Area Social Concerns Committee, hereafter designated as the ASCC, set the membership, their terms and the duties and responsibilities of said Committee, to promote an atmosphere of mutual confidence and trust, to promote the health, welfare and prosperity of the citizens of Iowa City. SECTION II MEMBERSHIP. Membership of the Area Social Concerns Committee will be as follows: a. Iowa City Police Chief. b. Johnson County Sheriff. c. Director of Campus Security. d. Captain of the State Highway Patrol for this region. e. UI Provost or Vice President. f. Chairman of the Faculty Senate. g. President of the University Student Body. h. Three (3) students who are politically active. i. Three (3) Iowa City business men. j. An Iowa City attorney. k. Representative of the Religious Leader's Association in the Iowa City area. 1. Chairman of Iowa City Human Relations Commission. Those members listed above who are public officials will serve if they agree by virtue of their office. Other members shall be appointed by the Mayor with the consent of the Council. Their terms shall be for three (3) years. Of the initial appointments, three (3) shall be appointed for one (1) year terms; three (3) shall be appointed for two (2) year terms, and two (2) for three (3) year terms. Thereafter, all appointments shall be for three (3) year terms. Any vacancy or resignation shall be filled by appointment of the Council. In the event one of the officials designated for membership declines to serve on said Committee, the Mayor shall appoint a suitable replacement, with the approval of the Council, for a three (3) year term or until the official agrees to serve, whichever is shorter. Said person may be reappointed. SECTION III OFFICERS. The following shall be the officers and their duties: 1. The officers of the ASCC will consist of a chairman, vice chairman, and secretary. Such officers will be appointed by the Mayor, with the approval of the Council. 2. The chairman will preside at all meetings of the ASCC. He will exercise general control over the affairs of the ASCC, subject to the direction of the ASCC. He will execute all docu- ments, instruments or other writings authorized by the ASCC, and will perform such additional duties as may be presented by the ASCC from time to time. 1 IL 1 -2- Ordinance No. 2604 3. The vice chairman will perform and discharge the duties of the chairman in the latter's absence, and will perform such other duties as may be assigned by the ASCC. 4. The secretary will keep a record of all proceedings, includ- ing votes, and will give notice of all meetings of the ASCC. The secretary will have custody of all books, records and papers of the ASCC and all recommendations made to local governing bodies, law enforcement agencies, or other institutions or groups. He will for- ward to the Council and to the Board of Supervisors copies of all minutes of the ASCC. 5. Officers will serve for a term of two years and for no more than two consecutive terms. New officers, however, may be named by the Mayor, with the approval of the Council, at any time the Council determines the need to do so. 6. The chairman will be an ex -officio member of all committees formed by the ASCC. SECTION IV MEETINGS. Meetings will be held as follows: 1. The ASCC will hold at least one meeting every three (3) months, or as often as there is work to be done to accomplish the purpose and objectives of the ASCC. 2. Special, meetings of the ASCC may be called at any time by the chairman, or upon written request of any three members of the ASCC to the chairman. In emergencies the fastest means possible and practical may be used to assemble the ASCC. 3. Persons or groups desiring communication or assistance from the ASCC may come to ASCC meetings, write a letter to the chairman, or contact any member of the ASCC to initiate action on their interest, concern, or question. Non-members will have the right to participate in the meetings at the discretion of the presiding officer of the meeting. 4. A simple majority of the voting membership will constitute a quorum for the transaction of any business. There will be no voting by proxy, alternate or substitute. 5. The ASCC shall adopt By-laws and Rules and Procedures for the conduct of its business and its meetings; after adoption thereof, they may be amended by a two-thirds (2/3) vote of the total member- ship. Formal written notice will be given at least one week in advance of any meeting called for the purpose of amending the By- laws or the Rules and Procedures. SECTION IV DUTIES. The Area Social Concerns Committee shall have the following duties: 1. The ASCC will act as a "Grievance Committee" for all persons concerned, and will attempt to resolve misunderstandings, promote equal justice for all, and create a working atmosphere of mutual con- fidence and trust. 2. The Committee will become familiar with law enforcement and activist groups or persons, and establish contact and communication with them to serve as a base for constructive recommendations to the local government on peacekeeping activities. 3. The ASCC will act as a resource group for effective preven— tion of possible civil disorders. 4. Should a civil disorder take place, the ASCC will function as an advisory group to local government and law enforcement personnel -3 - Ordinance No. 2604 and other appropriate persons and bodies, on how best to effect communication and cooperation among all persons and groups involved, in order to avoid acts of violence to persons or property. 5. It will make recommendations to local government and law enforcement agencies and to other appropriate bodies on how to secure or restore the peace and well-being of all the citizens of this area, and to do so in such a way as to assist in bringing justice and pro- tection for all concerned in any situation. 6. The Committee will submit written "after action" reports, staff studies, and recommendations when time and circumstances permit, and orally in emergency situations, when time and circumstances do not permit. Written reports of emergency situation action will later be completed for the records. The ASCC members (except for those legally assigned to a law enforcement function) will have no legal or law enforcement powers. The ASCC will perform such other functions as are assigned by the Council. 7. The ASCC will submit an Annual Report to the City Council of the work performed by the Committee each year. SECTION VII STAFF. The Staff of the ASCC shall be appointed by the City Manager, after consultation and coordination with the Committee, subject to the approval of the City Council. SECTION VIII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. It was moved by White 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_ White ,t MAYOR ATTEST: City Clerk 1st Reading //' - y/ % U 2nd Reading //-/(- %/ % O. All 3 Readings /^<- 7- %/ T.O. (as amended) Passed and approved this 7 day of December A.D., 1971. 1 ORDINANCE NO. 2605 AN ORDINANCE REGULATING THE SALE AND CONSUMPTION OF BEER AND LIQUOR; PROVIDING FOR THE ISSUANCE AND REVOCATION OR SUSPENSION OF PERMITS THEREFORE; PRO- VIDING PENALTIES FOR VIOLATIONS THEREOF AND REPEALING CHAPTER 5.24 AND 5.26 OF THE MUNICIPAL CODE 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 provide for the regulation of the sale and consumption of beer and liquor; to provide for the administration of licenses and permits for beer and liquor sale, and for local regulation and procedures for the conduct of the sale and consumption of beer and liquor for the protection of the health and welfare of the citizens of Iowa City, Iowa, and to conform with State Law. SECTION II DEFINITIONS. this Ordinance: The following definitions shall apply to A. "Council" means the Iowa beer and liquor control council established by State Law. B. "Department" means the Iowa beer and liquor control de- partment established by State Law, or any division of such depart- ment. C. "Director" means the director of the Iowa beer and liquor control department, appointed pursuant to the provisions of State Law, or his designee. D. "City" means the City of Iowa City and "City Council" means the City Council of the City of Iowa City. E. "Alcohol" means the product of distillation of any fer- mented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol. F. "Spirits" means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other sub- stances in solution, including, but not limited to, brandy, rum, whiskey, and gin. G. "Wine" means any beverage containing alcohol obtained by fermentation of the natural sugar contents of fruits or other agricultural products. H. "Alcoholic liquor" or "alcoholic beverage" includes the three varieties of liquor defined in subsections E, F, and G of this section, except beer as defined in subsection I. of this section but including all beverages made as described in such subsection which contain more than four percent of alcohol by weight, and every liquor or solid, patented or not, containing alcohol, spirits, or wine, and susceptible of being consumed by a human being, for beverage purposes. I. "Beer" means any liquid capable of being used for bever- age purposes made by the fermentation of an infusion in potable water of barley, malt and hops, with or without unmalted grains or decorticated and degerminated grains containing not more than four percent of alcohol by weight. J. "Person" means any individual, association, partnership, corporation, club, hotel, or motel, or municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditoriu, or recreational facility in or at which the sale of -2 - Ordinance No.nL�„ r-, alcoholic liquor or beer is only an incidental part of such ownership or operation. K. "Person of good moral character" means any person who meets all of the following requirements: 1. He has such financial standing and good reputation as will satisfy the director that he will comply with the State Law and all laws, ordinances, and regulations applicable to his operations under the State Law. 2. He does not possess a federal gambling stamp. 3. He is not prohibited by the provisions of section XXII of this Ordinance from obtaining a liquor control license or beer permit. 4. Is a citizen of the United States and a resident of this state, or licensed to do business in this state in the case of a corporation. S. He has not been convicted of a felony. However, if his conviction of a felony occurred more than five years before the date of the application for a license or permit, and if his rights of citizenship have been restored by the governor, the director may determine that he is a person of good moral character notwithstanding such conviction. 6. If such person is a corporation, partnership, associa- tion, club, or hotel or motel the requirements of this subsection shall apply to each of the officers, directors, and partners of such person, and to any person who directly or indirectly owns or controls ten percent or more of any class of stock of such person or has an interest of ten percent or more in the ownership or profits of such person. For the purposes of this provision, an individual and his spouse shall be regarded as one person. L. "Residence" means the place where a person resides, per- menently or temporarily. M. "Permit" or "license" means an express written authori- zation issued by the department for the manufacture or sale, or both, of alcoholic liquor or beer. N. "Application" means a formal written request for the issuance of a permit or license supported by a verified statement or facts. 0. "Public place" means any place, building, or conveyance to which the public has or is permitted access. P. "Prohibited sale" of alcoholic liquor or beer under this Ordinance includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other traffic- king for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person. Q. "Retailer" means any person who shall sell, barter, exchange, offer for sale, or have in possession with intent to sell any alcoholic liquor for consumption on the premises where sold, or beer for consumption either on or off the premises where sold. R. "Club" means any nonprofit corporation or association of individuals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire member- ship. -3 - Ordinance No.oa&m S. "Commercial establishment" means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and the licensed premises of which conform to the standards and specifications of the department. T. "Licensed premises" or "premises" means all rooms or enclosures where alcoholic beverages or beer are sold or consumed under authority of a liquor control license or beer permit. U. "Hotel" or "motel" means a premise licensed by the state department of agriculture and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty or more sleeping rooms. V. "Legal age" means twenty-one years of age or more. W. "Retail beer permit" means a class "B" or class "C" beer permit issued under the provisions of this Ordinance and State Law. SECTION III ELIGIBILITY FOR LIQUOR CONTROL LICENSE OR BEER PERMIT. Upon meeting the requirements imposed by State Law and the Ordinances of this City, a person who is of good moral character as defined by State Law and this Ordi- nance, may apply for a liquor control license or a beer permit. In the case of a club, corporation, or partnership, the officers of the club or corpora- tion and the partners of a partnership shall be persons of good moral charac- ter as defined by State Law and this Ordinance. V CONDITIONS FOR APPROVAL OF LICENSE OR PERMIT - PREMISES. An applicant for a liquor control license or beer permit, as a further condition for approval by the City Council, must give consent in writing on the appli- cation, that members of the fire, police, and health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of State Law and of this Ordinance. A. No liquor control license or beer permit shall be approved for premises which do not conform to all applicable laws, ordinances, resolutions, and health and fire regulations. B. No licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the State Beer and Liquor Control Director in the form of a living quar- ters permit. C. The premises for which a class "B" beer permit is sought must be located within a zone which permits the use of said premises for such purpose or an area now or hereafter zoned and conforming to the zoning requirements of said zone. D. The premises of a class "B" beer permit shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty-five persons at one time. E. No state liquor store shall be located within three hund- red (300) feet of a public or private educational institution unless a lesser distance is specifically authorized by Ordinance. -4- �1^ Ordinance No. 1,C) r) SECTION V BEER PERMITS - CLASSES follows: Beer permits shall be classed as A. Class "B". A class "B" beer permit shall allow the hold- er to sell beer at retail for consumption on or off the premises. B. Class "C". A class "C" beer permit shall allow the hold- er to sell beer at retail for consumption off the premises only. Such sales shall be in original containers only. No class "C" permit shall be issued to any person except the owner or proprietor of a grocery store or pharmacy. SECTION VI LIQUOR LICENSES - CLASSES. Liquor control licenses shall be classed as follows: A. Class "A". A class "A" liquor control license issued to a club shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors, and beer, to bona fide members and their guests by the individual drink for con- sumption on the premises only. B. Class "B". A class "B" liquor control license issued to a hotel or motel shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors, and beer, to patrons by the individual drink for consumption on the premises only, however, beer may also be sold for consumption off the premises. Each such license shall be effective throughout the premises describ- ed in the application. C. Class "C". A class "C" liquor control license issued to a commercial establishment must be issued in the name of the indivi- dual or individuals who actually own the entire business and shall authorize the holder or holders to purchase alcoholic liquors from the department only, and to sell such liquors, and beer to patrons by the individual drink for consumption on the premises only, how- ever, beer may also be sold for consumption off the premises. SECTION VII PROHIBITED INTEREST. It shall be unlawful for any person or persons to be either directly or indirectly interested in more than one class of beer permit. SECTION VIII SEPARATE LOCATIONS -- CLASS "B" OR "C". Every person hold- ing a class "B" or class "C" permit having more than one place of business where such beer is sold shall be required to have a separate license for each separate place of business, except as otherwise prohibited by State Law. SECTION IX APPLICATION, CONTENTS: BOND. A verified application for the original issuance or the renewal of a liquor control license or a beer permit shall be filed at such time, in such number of copies, and in such form as the State Director of Beer and Liquor Control shall prescribe, on forms prescribed by him. The application shall be accompanied by the required fee and bond and be filed with the City Council for approval or disapproval. The bond to be submitted shall be in a form prescribed by the State Director and in the following amounts: -5 - Ordinance No. A. With any liquor control license ................$5,000.00 and conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa Beer and Liquor Control Act and compliance with all provisions of the State Law. B. With any beer permit ...........................$ 500.00 and conditioned upon the faithful observance of the Iowa Beer and Liquor Control Act. SECTION X INVESTIGATION OF APPLICANT. Upon receipt of an original appli cation for a liquor license or beer permit by the City Clerk, it shall be forwarded to the Chief of Police, who shall conduct an investigation and shal submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the City Council as to the approva of the license or permit. It shall be the duty of the health inspector, the building inspector, and the fire chief to inspect the premises to determine i they conform to the requirements of the City, and no license or permit shall be approved until or unless an approving report has been filed with the City Council by such officers. SECTION XI APPLICATION FOR RENEWAL. Upon receipt of an application for the renewal of a liquor license or beer permit, it shall be forwarded to the Chief of Police only, who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts answered in the application and a recommendation to the City Council as to the approval of the license or permit. SECTION XII FINANCIAL RESPONSIBILITY. Every liquor control licensee and class "B" beer permittee shall furnish proof of financial responsibility eith by the existence of a liability insurance policy or by posting bond in such amount as determined by the department. SECTION XIII LICENSE AND PERMIT FEES. The following fees shall be submitted with the respective application: A. For a class "B" beer permit the annual feel shall be $300.00. B. For a class "C" beer permit the annual fee shall be grad- uated on the basis of the amount of interior floor space which comprises the retail sales area of the premises covered by the permit, as follows: 1. Up to one thousand five hundred sq. feet .... $ 75.00 2. Over one thousand five hundred sq. feet and up to two thousand feet.........................$100.00 3. Over two thousand and up to five thou- sand square feet ........ ...........................$200.00 4. Over five thousand square feet..............$300.00 C. For a class "A" liquor control license the annual fee shall be: -6 - Ordinance No. <1 O5 1. $600.00. 2. Club, less than 250 members ....................$400.00 3. Club which is a post, branch, or chapter of a veterans organization chartered by the Congress of the United States, if such club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week, and if the application for a license states that such club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week.................$200.00 D. For a class "B" liquor control license the annual fee shall be $1300.00. E. For a class "C" liquor control license the annual fee shall be $1300.00. SECTION XIV NATURE OF LICENSE OR PERMIT. A liquor control license or beer permit shall be a purely personal privilege and be revocable for cause. It shall not constitute property nor be subject to attachment and execution nor be alienable nor assignable and in any case it shall cease upon the death of the permittee or licensee. However, the director may in his discretion allow the executor or administrator of a permittee or licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use same. SECTION XV ACTION BY COUNCIL. Action taken by the City Council shall be so endorsed on the application and thereafter the application, fee and bond shall be forwarded to the Iowa Beer and Liquor Control Department for such further action as is provided by law. SECTION XVI EXPIRATION OF LICENSE OR PERMIT. All liquor control licenses and beer permits, unless sooner suspended or revoked, shall expire one year from date of issuance. Six or eight-month seasonal licenses or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two months. Seasonal licensing shall be only as permitted by State regu- lation. SECTION XVII REFUNDS. Any such licensee or permittee, or his executor, administrator, or any person duly appointed by the court to take charge of and administer the property or assets of the licensee or permittee for the benefit of his creditors, may voluntarily surrender such license or permit to the department and when so surrendered, the department shall notify the -7 - Ordinance No. aia) r) City, and the department and the City, or the City by itself in the case of a retail beer permit, shall refund to the person so surrendering the license or permit a proportionate amount of the fee paid on such license or permit as follows: If surrendered during the first three months of the period for which said license or permit was issued the refund shall be three-fourths of the amount of the fee; if surrendered more than three months but not more than six months after issuance the refund shall be one-half of the amount of the fee; if surrendered more than six months but not more than nine months after issuance the refund shall be one-fourth of the amount of the fee. No refund shall be made, however, for a liquor control license or beer permit surrendered more than nine months after issuance. No refund shall be made to any licensee or permittee, upon the surrender of his license or permit, if there is at the time of said surrender a complaint filed with the department or the City, charging him with a violation of this Ordinance or provisions of the Iowa Beer and Liquor Control Act. If upon hearing on any such complaint the license or permit is not revoked or suspended, then the licensee or permittee shall be eligible, upon surrender of his license or permit, to receive a refund as herein provided. But if his license or permit is revoked or suspended upon such hearing he shall not be eligible for the refund of any portion of his license or permit fee. No refund shall be made for seasonal licenses or permits. SECTION XVIII TRANSFERS. The Council will, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the City, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and such transfer will not result in the violation of any law or ordinance. SECTION XIX PROHIBITED SALES AND ACTS. No person or club holding a liquor license or beer permit nor his agents or employees shall do any of the following: A. Sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor or beer. B. Sell or dispense any alcoholic liquor or beer on the premises covered by the license or permit, or permit the consump- tion thereon between the hours of two a.m, and six a.m. on any weekday, and between the hours of one a.m. on Sunday and six a.m. on the following Monday. -B - Ordinance No. �j lc C. Sell alcoholic liquor or beer to any person on credit, except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests. D. Employ any person under the age of eighteen years old in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold. Persons between the ages of eighteen and twenty-one shall be allowed to serve or clear alcoholic liquor or beer as an incident to a meal if the business of selling food or other services constitutes more than fifty percent of the gross business of the licensee or permittee. E. Sell, give, or otherwise supply any alcoholic beverage or beer to any person knowing or having reasonable cause to believe him to be under legal age, or permit any person knowing or having reasonable cause to believe him to be under legal age, to consume any alcoholic beverage or beer. F. In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer or any other beverage in or about his place of business. G. Keep, or allow to be kept, gambling devices of any kind or description on the premises or place of business of the license or permit holder. H. No dancing shall be permitted unless the permittee has first secured a dance hall license under the provisions of the Ordinances of this City. SECTION XX BEER BRAND SIGNS PROHIBITED. No signs or other matter adver- tising any brand of beer shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell beer at retail. All such signs formerly erected shall be removed by the owner of same by July 1, 1974. SECTION XXI SUSPENSION AND REVOCATION. A liquor license or beer permit may be suspended for a period of up to one year, or revoked, for violations of law, including City Ordinances, following notice and hearing, and shall be revoked in accordance with the provisions of State Law for any of the follow- ing causes: A. Misrepresentation of any material fact in the application for such license or permit. B. Violation of any of the provisions of the Iowa Beer and Liquor Control Act. C. Any change in the ownership or interest in the business operated under a class "A", class "B", or class "C" liquor control license, or any beer permit which change was not previously report- ed to and approved by the City and the department. D. An event which would have resulted in disqualification from receiving such license or permit when originally issued. E. Any sale, hypothecation, or transfer of such license or permit. -9 - Ordinance No. F. The failure or refusal on the part of any licensee or permittee to render any report or remit any taxes to the depart- ment under the State Law. SECTION XXII EFFECT OF REVOCATION. Any liquor control licensee or beer permittee whose license or permit is revoked under the Iowa Beer and Liquor Control Act shall not thereafter be permitted to hold a liquor control license or beer permit in the State of Iowa for a period of two years from he date of such revocation. The spouse and business associates holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license or beer permit, and no liquor control license or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two years from the date of such revocation. In the event a license or permit is revoked the premises which had been covered by such license or permit shall not be relicensed for one year. SECTION XXIII APPEAL AND HEARING. The right of appeal to the hearing board shall be afforded a liquor control licensee or beer permittee whose license or permit has been suspended or revoked. Any applicant who feels aggrieved by a decision of the director or City disapproving, suspending, or revoking issuance of a liquor control license or beer permit may, provided he has exercised his right of appeal to the hearing board as provided by State Law, appeal from said decision within ten days to the District Court of the county wherein the premises covered by the application are situated. The City may appeal a decision of the hearing board within ten days to the District Court of the county wherein the premises covered by the application are situated. SECTION XXIV CONSUMPTION IN PUBLIC PLACES - INTOXICATION. It is unlawful for any person to use or consume alcoholic liquors or beer upon the public streets or highways, or alcoholic liquors in any public place, except premises covered by a liquor control license, and no person shall be intoxi- cated nor simulate intoxication in a public place. Any person violating any provisions of this section shall be fined not to exceed one hundred dollars or sentenced not to exceed thirty days imprisonment. SECTION XXV PERSONS UNDER LEGAL AGE. No person shall sell, give, or otherwise supply alcoholic liquor or beer to any person knowing or having reasonable cause to believe him to be under legal age, and no person or -10 - Ordinance No. 1,05 persons under legal age shall individually or jointly have alcoholic liquor or beer in his or their possession or control; except in the case of liquor or beer given or dispensed to a person under legal age within a private home and with the knowledge and consent of the parent or guardian for beverage.or medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages and beer during the regular course of his or her employment by a liquor control licensee or beer permittee under State Law. SECTION XXVI MISDEMEANOR. Any person who violates any of the provi- sions of this Ordinance shall be subject to a fine of not to exceed one hundred dollars or to imprisonment for not more than thirty days. SECTION XXVII SUSPENSION. A. The conviction of any liquor control licensee or beer permittee for a violation of any of the provisions of subsections (A) to (F), inclusive, of section XIX of this Ordinance shall, subject to subsection B of this section, be grounds for the sus- pension or revocation of the license or permit by the department of the City. However, if any liquor control licensee is convicted of any violation of subsection two (2), paragraphs, "a", "d", or "e", of section forty-nine (49), or any beer permittee is convic- ted of any violation of subsection two (2), paragraph "a" of said section of the Iowa Beer and Liquor Control Act, the liquor control license or beer permit shall be revoked and shall immedi- ately be surrendered by the holder, and the bond of the license or permit holder shall be forfeited to the Department of Beer and Liquor Control. B. If any licensee, beer permitte, or employee of such licensee or permittee shall be convicted of a violation of section XIX subsection E of this Ordinance, or a retail beer permittee shall be convicted of a violation of subsection F of said section, the City shall, in addition to the other penalties fixed for such violations by this section, assess a penalty as follows: 1. Upon a first conviction, the violator's liquor control license or beer permit shall be suspended for a period of fourteen days. 2. Upon a second conviction within a period of two years, the violator's liquor control license or beer permit shall be suspended for a period of thirty days. 3. Upon a third conviction within a period of five years, the violator's liquor control license or beer permit shall be suspended for a period of sixty days. 4. Upon a fourth conviction within a period of five years, the violator's liquor control license or beer permit shall be revoked. SECTION XXVIII REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed and Chapter 5.24 and Chapter 5.26 of the Municipal Code are hereby repealed. -11 - Ordinance No. SECTION XXIX SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudica- tion shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION XXX EFFECTIVE DATE. This Ordinance shall become effective 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 be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Attest: City Clerk 1st Reading 12-21-71 Tu 2nd Reading 12-21-71 TU 3rd Reading 12-21-71 To Brandt Butherus Connell Hickerson White MAYOR Passed and approved this 21 day of December , A.D., 19 71 M ORDINANCE NO. 71-2606 AN ORDINANCE ESTABLISHING AND DESCRIBING VOTING PRECINCTS WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA AND REPEALING ORDINANCES NO. 2381, 2427, and 2541 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. 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 and describe new voting precincts within the corporate limits of the City of Iowa City, Iowa. SECTION II ESTABLISHMENT. There is hereby established in Iowa City the following voting precincts. PRECINCT #1 Beg. at intersection of Greenwood Dr. and CRISP R.R. ROW, NWesterly along the R.R. ROW to intersection with the corporate lim- its, SWesterly along corporate limits to Sunset St., S on Sunset St. to its intersection with Derwen Dr. extended, E and S along 1960 corporate limits of the City of Iowa City (which is the boundary between census enumeration districts 35 and 37 estab- lished by the United States Bureau of the Census for the 1970 federal decennial census) to its intersection with State Hwy. 1, then E along State Hwy. 1 to Miller Ave., N on Miller Ave. to W. Benton St., W on W. Benton St. to eastern property line of Iowa City Community School District (Roosevelt School), N along said property line to Greenwood Dr., NEasterly along Greenwood Dr. to point of beginning. PRECINCT #2 Beg. at the intersection of Riverside Dr. and River St., S along Riverside Dr. to its intersection with Newton Road, W along old Newton Rd. to its intersection with Woolf Ave., S along Woolf Ave. to Melrose Ave., E along Melrose Ave. to South Grand Ave., N along South Grand Ave. to Grand Ave., E along Grand Ave. to centerline of Iowa River, N along centerline of Iowa River to River St. extended directly east, W to pt. of beg. PRECINCT #3 Beg. at a point of the intersection of the center line of Iowa River and Iowa Ave., S along centerline of Iowa River to Burlington St. bridge, W along Grand Ave. to South Grand Ave., S along South Grand Ave. to Melrose Ave., W along Melrose Ave. to CRI&P R.R. ROW, SEasterly along said ROW to Greenwood Dr., SWesterly along Greenwood Dr. to eastern property line of Iowa City Community School District (Roosevelt School), S along said property line to W. Benton St., E along W. Benton St. to center- line of Iowa River, N along centerline of Iowa River to Lafayette St. extended, E along Lafayette St. to South Capitol St., N along South Capitol St. to Washington St., W along Washington St. to Madison St., N along Madison St. to Iowa Ave., W on Iowa Ave. to point of beg. PRECINCT #4 Beg. at the intersection of River St. and Riverside Dr., N along Riverside Dr. to an alley running NWesterly from River- side Dr. and approximately parallel to and north of River St., NWesterly along said alley to Ridgeland Ave., N along Ridgeland Ave. to McLean St., W along McLean St. to Beldon Ave., N along Beldon Ave. to the westward continuation of McLean St., W along McLean St. to Magowan Ave., N along Magowan Ave. to Park Road, W along Park Rd. to Rocky Shore Drive, SWesterly along Rocky Shore Drive to U.S. Hwy. 6, W along U.S. Hwy. 6 to the west corporate limits of the City of Iowa City, Northerly and Easterly along the corporate limits of the City of Iowa City to its inter- section with the northward extension of Van Buren St., S along the northward extension of Van Buren St. to its intersection with the northern 1960 corporate limits of the City of Iowa City, E along the northern 1960 corporate limits of the City of Iowa City (which is the boundary between census enumeration districts 22 and 23 established by the United States Bureau of the Census for the 1970 decennial census) to Prairie du Chien Rd., S on Prairie du Chien Rd. to Caroline Ave., W on Caroline Ave. to Whiting Ave. Ct., S on Whiting Ave. Ct. to Whiting Ave., West on Whit- ing Ave. to Ridge Rd., N and then S (following Ridge Rd.) to its intersection with Dubuque St., S on Dubuque St. to Park Rd., W on Park Rd. to centerline of Iowa River, SWesterly along center- line of Iowa River to a point directly east of intersection. of River St. and Riverside Dr., W to point of Beg. PRECINCT #S Beg. at.the intersection of Ronalds St. and Dubuque St., E on Ronalds St. to Van Buren St., N on Van Buren St. to Brown St., E on Brown St. to Governor St., N on Governor St. to Dodge St., NEasterly on Dodge St. to its intersection northward extension of Seventh Ave., N along said northward extension of Seventh Ave. to Dubuque Road, W and SWesterly along Dubuque Rd. to its intersection with the northern 1960 corporate limits of the City of Iowa City (which is the boundary between census enumeration districts 22 and 23 established by the United States Bureau of Census for the 1970 decennial census), W along said northern 1960 corporate limits,..of the City of Iowa City to Prairie du Chien Rd., S along Prairie du Chien Rd. to Caroline Ave., W on Caroline Ave, to Whiting Ave. Ct., S on Whiting Ave. Ct. to Whiting Ave., W on Whiting Ave. to Ridge Rd.', N and then S (following Ridge Road) to its intersection with Dubuque St., S on Dubuque St, to the point of beg. PRECINCT #6 Beg, at intersection of the centerline of Iowa River and Iowa Ave., E on Iowa Ave. to Madison St., N on Madison St. to Jefferson St., E on Jefferson St. to Capitol St., N on Capitol St. to Davenport St., E on Davenport St. to Dubuque St., N on Dubuque St, to Fairchild St., E on Fairchild St. to Gilbert St., N on Gilbert St. to Ronalds St., W on Ronalds St. to Dubuque St.,, N on Dubuque St. to Park Rd., W on Park Rd. to centerline of Iowa River, SWesterly along centerline of Iowa River to point of beg. PRECINCT '#7 Beg. at the intersection of Van Buren St. and Bloomington St., E on Bloomington St. extended to N. Ralston Creek, NEasterly along N.Ralston Creek to its intersection with the northward extension of Seventh Ave., N along the northward extension of I Seventh Ave. to North its intersection with St., W on Brown St. to point of beg. PRECINCT #8 -s- Dodge St., SWesterly along N. Dodge St. to Governor St., S on Governor St. to Brown Van Buren St., S on Van Buren St. to Beg. at the intersection of Madison St. and Washington St., E on Washington St. to Dubuque St., N on Dubuque St. to Davenport St., W on Davenport St. to Capitol St., S on Capitol St. to Jefferson St., W on Jefferson St. to Madison St., S on Madison St. to point of beg. PRECINCT 49 Beg . at the intersection of Lafayette St. and Capitol St., E along Lafayette St. to Maiden Lane-, S on Maiden Lane to Benton St., E and NEasterly on Benton St. to.Page St., E on Page St. to Lucas St., N on Lucas St. to Bowery St. W on Bowery St. to Johnson St., N on Johnson St. to Court St., W on Court St. to Gilbert St., N on Gilbert St. to Burlington St., W on Burlington St. to Linn St., N on Linn St. to Washington St., W on Washing- ton St. to Capitol St'., S on Capitol St. to point of beg. PRECINCT #10 Beg. at the intersection of Court St. and Gilbert St., E along an eastward extension of Court St. to Johnson St., S on Johnson St. to Bowery St., E along Bowery St, to Lucas St., N on Lucas St. to Court St. extended easterly, E on Court St. extended easterly to Summit St., N on Summit St. to Washington St., W on Washington St. to Lucas St., N on Lucas St. to Iowa Ave., W on Iowa Ave. to Gilbert St., S on Gilbert St. to Wash- ington St., W on Washington St. to Linn St., S on Linn St. to Burlington St., E on Burlington St. to Gilbert St., S on Gil- bert St. to point of beg. PRECINCT #'ll Beg. at the intersection of Washington St. and Dubuque St., E on Washington'St. to Gilbert St., N on Gilbert St. to Iowa Ave., E on Iowa Ave. to Lucas St., N on Lucas St. to Jefferson St., E on Jefferson St. to Governor St., N on Governor St. to Blooming- ton St., W on Bloomington St. to Van Buren St., N on Van Buren St. to Ronalds St., W. on Ronalds St. to Gilbert St., S on Gil- bert St. to Fairchild St., W on Fairchild St. to Dubuque St., S on Dubuque St. to point of beg. -4 - PRECINCT #12 Beg. at intersection of Riverside Dr. and Newton Rd., Ni along Riverside Dr. to an alley running NWesterly from Riverside Dr.. and $pproximately parallel to and north of River St., NWest- erly along said alley to Ridgeland Ave., N along Ridgeland Ave. to McLean St.,.W along McLean St. to Beldon Ave., N along Beldon Ave. to westward continuation of McLean St., W along McLean St. to Magowan Ave., N along Magowan Ave. to Park Rd., W along Park Rd. to Rocky.Shore Dr., SWesterly along Rocky Shore Dr. to U.S. Hwy. 6, E along U.S. Hwy. 6 to Lincoln Ave., S along Lin- coln Ave. to Newton Rd., E along Newton Rd. and'old Newton Rd. to point of beg. PRECINCT #13 Beg. at the intersection of the corporate limits of the City of Iowa City and Iowa Hwy. 1, NEasterly to intersection with •1960 corporate limits of the City of Iowa City (which is the boundary between census enumeration districts 35 and 37 established by the United States Bureau of Census for the 1970 federal decennial census), N and W along said 1960 corporate limits line to Sunset St., N on Sunset'St. to corporate limits, follow cor- porate limits around University Heights to intersection with Melrose Ave., E along Melrose Ave. to Woolf Ave., Northerly along Woolf Ave. to Newton Rd., W on Newton Rd. to Lincoln Ave., N on Lincoln Ave. to U.S. Hwy. 6, Westerly along U.S. Hwy. 6 to 1970 corporate limits of City of Iowa City, Westerly along corporate limits of City of Iowa City to Mormon Trek Blvd., SWesterly and S along Mormon Trek Blvd. to its intersection with the southern corporate limits of the City of Iowa City, E along said corporate limits to point of beg. PRECINCT #14 Beg. at intersection of S corporate limits of City of Iowa City and Mormon Trek Blvd., N along Mormon Trek Blvd. to .N cor- porate limits of City of Iowa City, follow corporate limits of City of Iowa City NWesterly, S and E to point of beg. PRECINCT #15 Beg. at the intersection of the S corporate limits of the City of Iowa City and Iowa Highway 1, follow said corporate limits Seasterly and then NEasterly to intersection of said corporate limits and centerline of Iowa River, Northerly along centerline of Iowa River to intersection with U.S. Hwy. 6, and SEasterly along U.S. Hwy. 6 to Keokuk St., N along Keokuk St. to Highland Ave., E along Highland Ave. to Marcy St., N on Marcy St. to Kirkwood Ave., E on Kirkwood Ave. to Summit St., N on Summit St. to Walnut St., W on Walnut St. to Lucas St., N on Lucas St. to Page St., W on Page St. to Benton St., W on Benton St. to Maiden Lane, N on Maiden Lane to Lafayette St., 11 on Lafayette St. and NWesterly to CRISP R.R. ROW, W along said ROW to centerline of Iowa River, southerly along centerline of Iowa River to West Benton St., W on West Benton St. to Miller Ave., S on Miller Ave. to Iowa Hwy. 1, SWesterly on Iowa Hwy. 1 to the point of beg. PRECINCT #16 Beg. at the intersection of the centerline of the Iowa River and U.S. Hwy. 6 Bypass, southerly along centerline of Iowa River to corporate limits of the City of Iowa City, E along corporate limits of the City of Iowa City to the southward extension of Sycamore St., N along southward extension of Sycamore St. to Lake- side Dr. extended westward, E along westward extension of Lakeside Dr. to the Iowa City community School District westerly property line (Grant Wood School), N, E, S, around property line of Iowa City Community School District (Grant Wood School) to Lakeside Dr. extended westward, E along Lakeside Dr. to Lakeside Apart- ment westerly property line, N and NEasterly along said prop- erty line to U.S. Hwy. 6, westerly along U.S. Hwy. 6 to the point of beg. PRECINCT #17 Beg. at the intersection of southward extension of Sycamore St.. and the corporate limits of the City of Iowa City, E and Ni along corporate limits of City of Iowa City to intersection with U.S. Hwy. 6, NWesterly along U.S. Hwy. 6 to northwesterly point of property line of Lakeside Apt. complex, SWesterly and S along westerly property line of Lakeside Apt. complex to intersection with Lakeside Dr., W to easterly property line of Iowa City Com- munity School District (Grant Wood School), N, 1V andS around said property line of Iowa City Community School District (Grant Wood School) to intersection with westward extension of Lakeside Dr., W along westward extension of Lakeside Dr. to southward extension of Sycamore St., S along southward extension of Syca- more St. to point of beg. PRTiCINCT #18 Beg. at the intersection of Keokuk St. and U.S. Hwy. 6, SEasterly along U.S. Hwy. 6 to corporate limits of City of Iowa City, N and NWesterly to intersection of corporate limits of City of Iowa City and CRISP R.R. centerline, NWesterly along CRI&P R.R. centerline to Maggard St., S along Maggard St. to Kirkwood Ave., E along Kirkwood Ave. to Franklin St., S on Franklin St. to Highland Ave., W on Highland Ave.. to Keokuk St. S on Keokuk St. to point of beg. PRECINCT #19 Beg. at intersection of Highland Ave. and Marcy St., E on Highland Ave. to Franklin St., N on Franklin St. to Kirkwood Ave., W on Kirkwood Ave. to Maggard St., N on Maggard St. to Sheridan Ave., E on Sheridan Ave. to Oakland Ave., N on Oakland Ave. to Center Ave., E on Center Ave. to Grant St., N on Grant St. to Court St., W on Court St. and westward extension of Court St. to Lucas St., S on Lucas St. to Walnut St., E on Wal- nut St. to Summit St., S on Summit St. to Kirkwood Ave., IV on Kirkwood Ave. to,Marcy St., S on Marcy St. to point of beg. PRECINCT #20 Beg. at the intersection of the centerline of the CRI&P R.R. ROW and Seventh Ave. extended south, SEasterly along the centerline of CRI$P R.R. ROW to corporate limits of City of Iowa City, follow corporate limits of City of Iowa City SEasterly, N, W and N again to intersection with Village Rd., SWesterly along Village Rd, to Wayne Ave., NWesterly along Wayne Ave. to Dover St., N on Dover St. to Muscatine Ave., E on Muscatine Ave. to South Lawn Dr., N on South Lawn Drive to Eastwood Dr., NWesterly on Eastwood Dr. to Brookside Dr., W on Brookside Dr. to Meadow St., N on Meadow St. to South Ralston Creek, W and SWesterly along South Ralston Creek to Fourth Ave., S on Fourth Ave. to F Street, W on F Street to Fifth Ave., S on Fifth Ave. to G Street, W on G Street to Seventh Ave., S on Seventh Ave., to point of beg. PRECINCT #'2: Beg. at intersection of Friendship St. and First Ave., S on First Ave. to South Ralston Creek, Easterly along South Ralston Creek to Meadow St., S on Meadow St. to Brookside Dr., Easterly along Brookside Dr, to Eastwood Dr., SEasterly on Eastwood Dr. to South Lawn Dr., S on South Lawn Dr. to Muscatine Ave., W on Muscatine Ave. to Dover St., S on Dover St. to Wayne Ave., SEasterly on Wayne Ave. to Village Rd., NEasterly on Village Rd. to corporate limits of City of Iowa City, E, N, E and N along corporate limits of City of Iowa City to eastern extension of Court St., W along eastern extension of Court St. and along Court St. to Crestview Ave., SWesterly along Crestview Ave. to Upland Ave., S on Upland Ave. to Friendship St., W on Friendship St. to point of beg. PRECINCT #'22 Beg. at intersection of Rochester Ave. and First Ave., S on First Ave. to Friendship St., E on Friendship St. to Upland Ave., N on Upland Ave, to Crestview Ave., E and N on Crestview Ave. to Court -St., E on Court St. and eastward extension of Court St. -7 - to corporate limits of City of limits of City of Iowa City to Rochester Ave. to point of beg. PRECINCT #23 Iowa City, N along corporate Rochester Ave., Westerly along Beg. at the intersection of Court St. and Grant St., S on Grant St. to Center Ave., W on Center Ave. to Oakland Ave., S on Oakland Ave. to Sheridan Ave., W on Sheridan Ave. to Maggard St., S on Maggard St. to centerline of CRISP R.R. ROW, SEasterly along centerline of CRI#,P R.R. ROW to Seventh Ave., N7 on Seventh Ave. to G Street, E on G Street to Fifth Ave., N on Fifth Ave. to F Street, E on F Street to Fourth Ave., N on Fourth Ave. to intersection with South Ralston Creek, E along South Ralston Creek to First Ave., N on First Ave. to Mayfield Rd., W on westerly extension of Mayfield Rd, to Fourth Ave., S on Fourth Ave. to Court St., W on Court St. to Seventh Ave., S on Seventh Ave. to Muscatine Ave., NWesterly along Muscatine Ave. to Court St., W on Court St. to point of beg. PRECINCT'#'24 Beg. at the intersection of Washington St. and Lucas St., E on Washington St. to Summit St., S on Summit St. to Court St., E on Court St. to Muscatine Ave., SEasterly on Muscatine Ave. to Seventh Ave., N on Seventh Ave. to Court St., E on Court St. to Fourth Ave., N on Fourth Ave. to westward extension of May- field Rd., E on the westward extension of Mayfield Rd. to First Ave., N on First Ave. to the N property line of the Iowa City Community School District (City High), W and S following said property line to Morningside Dr., NWesterly along Morningside Dr. to Seventh Ave., N on Seventh Ave. to Glendale Rd., Westerly along Glendale Rd. to Jefferson St., W on Jefferson St. to Evans St., S on Evans St, to Iowa Ave., W on Iowa Ave. to Lucas St., S. on Lucas St. to point of beg. PRECINCT #2S Beg. at the, intersection of the corporate limits of the City of Iowa City and a northward extension of Van Buren St., S along the northward extension of Van Buren St. to its inter- section with the northern 1960 corporate limits of the City of Iowa City, E along the northern 1960 corporate limits of the City of Iowa City (which is the boundary between census enumera- tion districts 22 and 23 established by the United States Bureau of the Census for the 1970 decennial census) to Dubuque Rd., NEasterly and E along Dubuque Rd. to the intersection of a northward extension of Seventh Ave., S along the northward extension of Seventh Ave. to N.Ralston Creek, southerly along N. Ralston Creek to its intersection with an easterly extension of Bloomington St., W along the easterly extension of Bloomington St. and along Bloomington St. to Governor St., S on Governor St. to Jefferson St., W on Jefferson St. to Lucas St., S on Lucas St. to Iowa Ave., W on Iowa Ave. to Evans St., N on Evans St. to Jefferson St., E on Jefferson St. to Glendale Rd., Easterly on Glendale Rd, to Seventh Ave., S on Seventh Ave. to Morningside Dr., SEasterly on Morningside Dr. to a point 2S0 ft. north and parallel to a westward extension of Mayfield Rd., directly E from said point to First Ave., N on First Ave. to Rochester Ave., Easterly along Rochester Ave. to_corporate limits of City of Iowa City, N and W along corporate limits of City of Iowa City to point of beg. SECTION III REPEALER. Ordinances 2381, 2427 and 2541 and all ordin- ances or parts of Ordinances in conflict with the provisions of this Ordin- ance are hereby repealed. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 27th day of December, 1971. It was moved by Connell and seconded by Butherus that the Ordinance as read by adopted, and upon roll call the vote was as follows: AYES: NAYS: ABSENT: x Brandt x Butherus x Connell x Hickerson x White ATTEST ( ,/ ( / ✓t '- ' City Clerk Mayor First Reading 12-27-71 T.O. Second Reading 12-27-71 T.O. Third Reading 12-27-71 T.O.