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HomeMy WebLinkAbout1972 Ordinance Bookr ORDINANCES 1972 #2607 - 2661 2607 Ord. Amend Municipal Code by Adopting a Complete Electrical 1/4/72 Code. 2608 Ord. Amend Ord. #2477 by Revising the Planned Area Devel- 1/18/72 opment of Village Green Add'n. 2609 Ord. Rezoning A.M.A. Construction Co. property west of 2/1/72 Mormon Trek Blvd., from R1A to R1B and R3 Zones. 2610 Ord. Establishing the Regulation of Pet Animals in Iowa 2/15/72 City. 2611 Ord. Amend Electrical Code by Enacting a New Schedule of Fees. 2612 Ord. Establishing Standard for Group Use of City Parks in Iowa City. 2613 Ord. Establishing a Schedule of Fees for Building Permits. 2614 Ord. Amend Municipal Code Sections relating to Material Used in Sewer Connections. 2615 Ord. Rezoning certain property from R1A to R1B Zone. 3/21/72 2616 Ord. Rezoning certain property from R1A to CH Zone. (the Highlander) 2617 Ord. Rezoning certain property from R1A to CH Zone. (DX Station, Hwy. #1) 2618 Ord. Establishing Standards for the Use of Streets for Parades and Other Events in Iowa City. - amended by #2634 2619 Ord. Amdn Ord. #2381 by Describing the Boundaries of Certain Voting Precincts in Iowa City - 1st Ward, 3rd Precinct and 5th Ward, 6th Precinct. 2620 Ord. Rezoning Lot 1, Block 45, East Iowa City Add'n, from 4/4/72 , R1B to R2 Zone. 2621 Ord. Regulating the Use of Public Streets by Railroad Companies. 2622 Ord. Repealing Ord. #71-2606 Establishing Voting Precincts in Iowa City. 2623 Ord. Establishing and Describing Voting Precincts in Iowa 5/2/72 City and Repealing Ord. #2381, 2427 & 2541.-amende.i by #2664, 2652, 2633 2624 Ord. Amend Municipal Code by Adopting 1970 Edition of the Fire Prevention Code recommended by the American Insurance Assoc. 2625 Ord. Rezoning Village Green Add'n, Phase 2, from R1A to 6/6/72 R1B Zone. 2626 Ord. Establishing a Planned Area Development - Village Green Add'n, Phase 2. 2627 Ord. Vacate a Portion of Ronalds St., west of the west line of Dubuque St. 2628 Ord. Regulating the Use of the Iowa River and the Operation and Equipment of Vessels Thereon, etc. -amended #2680 2629 Ord. Amend Municipal Code by Adopting 1970 Edition of the 6/20/72 Uniform Building Code, Vol II, Uniform Mechanical Code. ORDINANCES 1972 #2607 - 2661 2630 Ord. Amend Municipal Code by Establishing a Procedure Whereby 7/3/72 the Planning and Zoning Comm. May Make Recommendations to the City Council. 2631 Ord. Rezoning Neuzil, and other, property, from R3A to R3 Zone. 2632 Ord. Authorizing and Providing for the Issuance and 7/5/72 Securing the Payment of $2,000,000.00 Parking Facilities Revenue Bonds, as amended, for the Purpose of Defraying the Cost of Acquiring Additional Off -Street Motor Vehicle Parking Facilities in Iowa City. 2633 Ord. Establishing and Describing Voting Precinct #14, 7/10/72 Amending Ord. #72-2623. 2634 Ord. Allowing the Use of Sidewalks for Commercial Purposes Upon Approval of the City Council, Repealing Section V of Ord. #2618. 2635 Ord. Rezoning Frantz Construction Co. property, Mt. 7/18/72 Prospect Add'n, Part 1B, from R1A to R1B Zone. 2636 Ord. Rezoning Certain Property north of CRI&P, between Maggard St. & Advanced Drainage System, from R2 to R3 Zone. 2637 Res. Rezoning Luthern Church of Christ the King property, corner of Melrose Ave. and Mormon Trek Trail, from R1A to R3 Zone. 2638 Ord. Amend Municipal Code Sections Regulating the Impound- 8/8/72 ment of Motor Vehicles and the Disposal Thereof. 2639 Ord. Authorizing Dancing in Connection with the Operation of a Liquor Control License or a Class B Beer Licnese, etc. 2640 Ord. Amend Municipal Code Sections Providing for the Impound- ment of Motor Vehicles and Prohibiting the Parking of Motor Vehicles on Private Property Without the Owner's Consent. 2641 Ord. Repealing Section 7.18.3 of Municipal Code Regulating Use of Streets. 2642 Ord. Amend Ord. #2605 by Redefining "Legal Age" to Conform with State Law. 2643 Ord. Municipal Code Sections 6.06.8. 6.16.19F.., 6.30.8, and 9.10.55E. 2644 Ord. Amend Municipal Code Sections Establishing Fire Zone Limits. 2645 Ord. Amend Municipal Code to Conform with State Voter Regis- tration Law. 2646 Ord. Vacate Various Parcels of Land in Iowa City. 8/22/ 2647 Ord. Amend Zoning Code by Establishing for the Suspension of Building Permits Pending Amendments to the Zoning Map, etc. 2648 Ord. Establishing the Centerline Grade of Second St. and 9/19/72 Washington St. 2649 Ord. Rezoning Stanley Cross property from R1B to R2 Zone. 9/26/72 2650 Ord. Vacate a Portion of Clinton Street. 10/3/72 2650A Ord. Rezoning Village Green Add'n, Parts I, II and III, 10/10/72 from R1A to R1B Zone. ORDINANCES 1972 #2607 - 2661 2651 Ord. Adopting the Council -Manager at Large Form of Govern- 10/17/72 ment. 2652 Ord. Establishing and Describing Voting Precinct #1, and 10/23/72 Amending Ord. #72-2623. 2653 Ord. Authorizing the Placement and Maintenence of Temporary 10/24/72 2660 Ord. Amend Municipal Code Sections Relating to Motor Vehicle Exhaust Requirements. 2661 Ord. Establishing the Procedure for Establishing Personnel 12/22/72 Procedures, Rules and Regulations for Iowa City Employees. 14 Modular Structures in the Central Business Zone of Iowa City. 2654 Ord. Establishing the Property Line Edge Grade of Sidewalks 10/31/72 on Benton St., north and south sides; Emerald St.; and Mormon Trek Blvd. 2655 Ord. Amend Municipal Code Sections Establishing the Term of Office and the Effective Date of Appointment to Said Term ror Members of the Parks and Recreation Comm 2656 Ord. Rezoning Court Crest, Inc. property west of St. Mark's 11/14/72 Methodist Church, from RIB to R2 Zone. 2657 Ord. Amend Municipal Code by Excepting Businesses Displaced 11/21/72 by Urban Renewal From Going Out of Business Sales. 2658 Ord. Establishing the Department of Police for Iowa City 11/28/72 and a Director of Public Safety to Administer Said Dept. 2659 Ord. Amend Municipal Code by Establishing Fire Zone Limits. 12/19/72 2660 Ord. Amend Municipal Code Sections Relating to Motor Vehicle Exhaust Requirements. 2661 Ord. Establishing the Procedure for Establishing Personnel 12/22/72 Procedures, Rules and Regulations for Iowa City Employees. 14 ORDINANCE NO. 72-2607 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY BY REPEALING SECTION 9.20.22 AND TO ADOPT BY REFERENCE A COMPLETE ELECTRICAL CODE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I PURPOSE. Purpose of this Ordinance is to amend the Municipal Code of Iowa City by the adoption of the 1971 Edi- tion of the National Electrical Code, National Fire Protection Association, as modified, by this Ordinance. SECTION II ADOPTION OF ELECTRICAL CODE. The National Elec- trical Code, 1971 Edition, National Fire Protection Association, for electric wiring and apparatus hereinafter in this chapter re- ferred to as National Electrical Code, is hereby adopted in full except for the portions that are deleted, modified or amended by this chapter. From the effective date of this Ordinance, all elec- trical work as defined in Section 9.20.21 of the Municipal Code of Iowa City shall be performed in accordance with the provisions of the National Electrical Code as modified. A copy of the National Electrical Code as adopted and a certified copy of this Ordinance shall be on file in the Office of the City Clerk for public inspec- tion. SECTION III RECITATION CLAUSE: 1. Pursuant to notice published as provided by law, a public hearing was held on the National Electrical Code on December 7, 1971, and the Council adopted the Code by Resolution at that meeting. 2. That the official copy of the Code as adopted, and a copy of the adopting Ordinance certified by the Clerk as to the Ordinance's adoption and effective date are on file in the Office of the Clerk. 3. That copies of the National Electrical Code and the adop- ting Ordinance setting forth the additions thereto are available for inspection and sale at the Office of the Clerk. 4. That copies of the National Electrical Code and the adop- ting Ordinance setting forth the additions 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. -2 - Ordinance No. 72-2607 SECTION IV REPEALER. The Municipal Code of Iowa City be and is hereby amended by repealing 9.20.22 and by adoption of the National Electrical Code, as modified. Any and all other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V PENALTY. Anyone who violates any of the provisions of this Ordinance shall be subject, upon conviction, to imprison- ment not exceeding thirty (30) days or a fine not exceeding One Hundred ($100.00) Dollars. SECTION VI SAVINGS CLAUSE. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitu- tional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Hickerson and seconded by White 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 Passed and approved this 4 day of January ,A.D., 19 1st Reading__/. •«/- ,'/ j';1, 2nd Reading 3rd Reading ORDINANCE NO. 72-2608 AN ORDINANCE AMENDING ORDINANCE NO..2477 BY REVISING THE PLANNED AREA DEVELOPMENT OF THE VILLAGE GREEN DEVELOPMENT. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to approve a revised planned area development in the City of Iowa City, Iowa, pursuant to Ordinance No. 2446. SECTION II APPROVAL. The following described property, to -wit: Part I and Outlot 1, Village Green Addition, Iowa City, Iowa is hereby approved as a planned area development in the City of Iowa City, Iowa, to be developed as set forth in the revised plans for said area filed in the Office of the City Clerk of Iowa City, Iowa, on the 27th day of September, 1971. SECTION III BUILDING PERMITS. The Building Inspector is hereby authorized and directed to issue all building and con- struction permits for said area on the basis of conformance with said plan. SECTION IV FILING. The City Clerk is hereby authorized and directed to file with the Office of the County Recorder, Johnson County, Iowa, a copy of this Ordinance after its final passage, approval and publication as provided by law. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by White and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYES: ABSENT: Brandt x Czarnecki. x Connell x Hickerson White x MAYOR Attest: City Clerk 1st Reading /,-//-'j/ 1 6' 2nd Reading /—�/-7, 16 3rd Reading 1-18-72 Passed and approved this 18 day of January ,A.D., 1972 . 0,'JINANCE NO. 2609 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO R3 AND R1B ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. The property described below is hereby reclassified from its present classification of RIA and the boundaries Of R1R ,nna and R1 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: From RIA to R3 on the North 10 acres and from R1A to R1B on the South 30 acres: The northwest Quarter of the Southwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. (A.M.A. Const. Co., west of Mormon Trek Blvd.) 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. Ordinance was moved by White and seconded by Connell that the be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White x Passed and approved this 1st day of February 1872 Mayor ATTEST: City Clerk First Reading /.; _• Second Reading -,^ !`• Third Reading a - / 7 x i• c . '1 v ORDINANCE NO. 72-2610 UUU AN ORDINANCE ESTABLISHING THE REGULATION OF PET ANIMALS IN IOWA CITY; ESTABLISHING THE REGULATIONS FOR ANIMALS NOT ON THEIR OWNER'S PROPERTY; ESTABLISHING VACCINATION REQUIREMENTS AND LICENSE AND REGISTRATION REQUIREMENTS; ESTABLISHING IMPOUNDMENT REGULATIONS; PROVIDING PROCE- DURES FOR VICIOUS ANIMALS; ESTABLISHING THE STANDARDS FOR SAID ORDINANCE AND THE ENFORCEMENT THEREOF AND VIOLATIONS THEREFORE AND REPEALING CHAPTERS 4.22 AND 4.23 OF THE MUNICIPAL CODE. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to establish the regulation ofeft animals within the City limits of Iowa City, Iowa; to establish the regulation of animals not on their owner's property; to estab- lish vaccination requirements and license requirements; to prohibit pet animals being allowed in places where food is prepared or sold; to provide for the disposal by owners of Pet animals of the solid waste material of their pet animals from public and private property by curbing the animals, or by 'removal of the waste; to provide for the impoundment of pet animals in violation of this Ordinance and the procedures for notice to owners of said animals and the disposal of said animals if unclaimed; to provide for the establishing of costs to be assessed against the owners of said animals for the impoundment period and the notice and other expenses thereof; to provide procedures for the impoundment and destruction of rabid animals which have bitten people or are vicious and to provide for the enforcement of this Ordi- nance and penalties for the violation hereof and making the owner prima facie responsible for violations of this Ordinance, and to repeal Chapters 4.22 and 4.23 of the Municipal Code of Iowa City, Iowa, adopted by Ordinance #2385 and enacted May 3, 1966; all to promote the health and safety and welfare of the citizens of Iowa City, Iowa. SECTION II DEFINITIONS. The following definitions shall apply when used in this Ordinance, unless the context indicates otherwise. 1. Pet Animals. Shall include all warm-blooded animals, except birds, animals of the equine species, and those raised for food purposes, within the City limits. 2. Kennel or Cattery. Shall mean a place maintained for the busi- ness of boarding, raising, rearing or training or sale of dogs and cats. 3. Defilement.Shall mean to foul, to dirty, to pollute, or to make filthy; either by the pet animal's body or wastes or by the animal carrying or dragging any foul material. 0 -2- Ordinance No. 72-2610 4. Molest. Shall include not only biting, and scratching; but also any annoyance, interference with, or meddling with any person so as to trouble or harm them. 5. Under Control. Shall mean that the pet animal is so_ trained that he will come to the owner immediately upon signal for the purposes of physical restraint when necessary. Q 6 Public Property. Shall mean buildings and other property owned or dedicated to the use of the public. It shall include property owned by or dedicated to the use of the City of Iowa City, the State of Iowa, Johnson County, Iowa, or the United States Government, wherein the authorized representative has granted the City of Iowa City jurisdiction thereof, or any governmental subdivision of the City, State, County or U. S. Government, or any governmental organization established by the City, State, County of U. S. Government. Such property shall include but not be limited to buildings, grounds, yards, street right-of-way, walks, bicycle paths, easements, parks, service areas, open area, athletic and recreational reas, riverbanks, park- ing areas and ramps, boulevards, and any other real estate owned by a governmental unit. 7. Private Property. Shall mean all buildings and other property owned by a private person, firm or corporation. It shall include buildings, yards, service and parking areas. 8. Veterinarian.. Shall mean a person duly licensed by the State of Iowa to practice veterinary medicine. 9. Veterinary Hospital. Shall mean an establishment regularly maintained and operated by a veterinarian for the diagnosis and treatment of disease and injuries of animals and which may board animals. 10. Municipal Pound. Shall mean any public or municipal animal shelter or pound established or maintained by the City of Iowa City which may include any private or charitable organizations or facilities leased by the City, or with whom the City has a contractual agreement for impoundement services. - 3 - Ordinance No. 72-2610 11. Owner. Shall, in addition to its ordinary meaning, include any person who keeps or harbors aeft animal. SECTION III LICENSE. Alleft animals over six (6) months old in Iowa City, Iowa, shall be licensed by the owner thereof. The license fee shall be set by resolution of the Council. The period or duration for the licenses shall be set to correspond with the rabies vaccination period for the animals. The City shall provide license tags. The City may provide for the purchasing of licenses at suitable places, including the Civic Center, Muncipal Pound and veterinary hospitals. If an animal is sold or transferred to a new owner, the license shall be transferable to the new owner upon registration by the new owner, as required by the City: All pet animals shall wear the license tag provided whenever said animal is off the property of its owner or not within a motor vehicle. Any method may be used to attache the tag to the animal, such as a colar or other suitable device. This section shall not apply to dogs or cats owned by a kennel or cattery, and kept under constant restraint on the owner's property, nor to other animals kept under constant restraint on the owner' s. property.,. SECTION IV OWNER'S RESPONSIBILITY. The owner of an animal shall be responsible for the obtaining of licenses and the care and feeding of any animal owned by him. The owner shall be responsible for any nuisances created by any animal owned by him as defined in Section V of this Ordinance. The owner shall be prima facie responsible for any violation of Section VI of this Ordinance by any animal owned by him. Any person abandoning a pet animal within the city limits shall be guilty of a misdemeanor as set forth in section XIII of this ordinance. SECTION V NUISANCE'.. The following acts and circumstances are hereby declared to be nuisances: 1. The keeping of animals on private property in such numbers or in such a manner that allows for the accumulation of solid waste of said animal or animals which becomes a detriment to or menace to health. 2. Allowing an animal to make excessive noise to the disturbance of persons in the area. 3. Allowing an animal to cause any damage or defilement to public or private property. -4 - Ordinance No. 72-2610 4. Allowing an animal to molest any person on public or private property who has a legitimate reason to be thereon. 5. Leaving an animal impounded, confined or tied in any place and failing to provide or supply said animal with sufficient food and water and/.or shelter. SECTION VI PROHIBITIONS: 1. Control. No other pet animal shall be taken, allowed or permitted off the property of its owner without being under control. No dog shall be taken, allowed or permitted off the property of its owner without being on a leash. For the purpose of this subsection, leash shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. 2. Private Property. No pet animal shall be taken, allowed or permitted on private property not owned by the owner of the animal without the permission of the person, firm or corporation owning said property or the person in charge thereof. 3. Business Zone. No pet animal shall be allowed in the Central Business Zone, or any C2 zone, without being on a leash, enclosed in a carrier, or confined in an automobile. For the purpose of this subsection, "leash" shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. 4. Food Establishments. No pet animal shall be allowed, taken or permitted on or in any building, store, restaurant, or tavern where food or food products are sold, prepared or dispensed to people other than the owners thereof. This provision shall not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals or the like, when the owner or person in charge of the grounds generally allows animals on the premises. 5. Animal Tied. No pet animal shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public property or tied on private property without the consent of the owner or person in charge thereof. 6. Solid Waste Removal. Any person who shall walk a pet animal on public property shall provide for the disposal of the solid waste material by immediate removal of the waste. 7. Exceptions. The provisions of this section shall not apply to seeing eye dogs while said dogs are acting in said capacity. -5 - Ordinance No. 72-2610 SECTION VII CONFINEMENT OF VICIOUS ANIMALS. No pet animal of known fierce, dangerous or vicious characteristics shall be permitted off the premises of the owner except while such animal is confined in a boarding kennel, veterinary hospital, or while being transported to such boarding kennel or veterinary hospital. If any pet animal of known fierce, dangerous or vicious characteristics is permitted off the premises of the owner and bites or annoys any person or other animal, in addition to the other provisions relating to rabies provided herein, the City Council may set a public hearing on the destruction of said animal, and pending said public hearing, the animal shall be impounded in the Municipal Pound, or, upon request by the owner, at a veterinary hospital at the owner's expense. The Council shall, when setting the public hearing, give notice to the owner of said animal, if known, not less than seven (7) days prior to said hearing. If the Council determines that the animal is fierce, dangerous or vicious and that the owner has failed to restrain said animal on his premises reasonably and that it is in the public interest to destroy said animal, it shall enact a resolution to that effect and directing that the animal be destroyed in a humane manner. SECTION VIII SHELTER OR POUND. 1. Any public or municipal pound or shelter established and main- tained by the City of Iowa City shall be conducted and operated by the shelter master under the supervision, direction and control of the City Manager. He shall have the same powers as a peace officer; shall hold office for such time as the Council may direct; and shall receive as compensation such amount as the Council may, by resolution, determine. 2. It shall be the duty of the shelter master to impound any pet animal found running at large contrary to the provisions of this Ordinance. The shelter master shall provide adequate and wholesome food for animals impounded and shall provide careful and humane treatment toward said animals and shall provide for humane destruction of animals as provided in this Ordi- nance. 3. As provided by law, the City of Iowa City may enter into a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to animals, for the use of its facilities for the restraining and impounding of animals consistent with the provisions in subsections 1 and 2 of this section. -6- Ordiance No. 72-2610 SECTION IV IMPOUNDMENT. Anyeft animal found in violation of the provi- sions of this Ordinance may be impounded by the shelter master in the pound or shelter as provided in Section VIII. The shelter master or person authorized to impound animals, upon receiving any animal, shall make a complete registra- tion for such animal, entering the date, and the species, breed, color and sex of such animal and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. SECTION X NOTICE TO OWNER AND REDEMPTION. Not later than two (2) days after the impounding of anyeft animal, the owner, if known, shall be notified of such impoundment. The registry of the impounded animal shall be available for inspection during reasonable hours by the owner of animals not wearing the tag required by this Ordinance when impounded. The owner of any animal impounded may reclaim such animal upon the payment of the fee set by the City Council, and by payment of all costs and charges incurred by the City of Iowa City or the agency authorized by the City Council to impound said animal, including the maintenance of said animal. Fees for the boarding of animals impounded at the Muncipal Pound of the City of Iowa, City, Iowa, shall be set by the City Council of Iowa City, Iowa. The City Manager shall annually review the rates charged and recommend to the Council a rate sufficient to cover the cost of operation of the Municipal Pound. Impoundment charges shall also be set by the City Council. If a pet animal six months of age or older, is impounded which is unlicensed, the person to whom the animal is released shall purchase a license for said animal and show proof of current rabies vaccination or purchase a rabies vaccination receipt in order to obtain the release of the animal. The charges set forth in this section shall be in addition to any fine or penalty that may be enforced against the owner for violating the provisions of this Ordi- nance. It shall be the duty of the shelter master or agency authorized by the City Council to impound animals to keep all animals so impounded for a period of four 4 days after the owner has been notified as provided here- in. If after four 4 days following notice to the owner of the impounding of the owner's animal, or if the owner is unknown, then four 4 days after the impoundment of such animal, the owner thereof has failed to claim and redeem any such impounded animal as provided in this Ordinance, said animal -7 - Ordinance No. 72-2610 may be adopted, transferred to any State institution pursuant to the provi- sions and for the purposes of Chapter 351A of the Code of Iowa, or humanely killed and disposed of. Any animal which appears to be suffering from rabies when impounded shall be confined in the pound or a veterinary hospital for a'period of not less than fourteen (14) days and said animal, or its carcass if it dies, shall be subject to such reasonable veterinary or pathological tests as the City determines; which tests, if any, shall be conducted at the expense of the owner. SECTION XI RABIES OR DISEASE, ETC. 1. Rabies. It shall be the duty of the person authorized to impound animals in the City of Iowa City to cause to be placed in isolation and under quarantine for observation for a minimum period of fourteen (14) days any animal suspected of being infected with rabies or other diseases communicable to humans, or any animal that has bitten or caused a skin abrasion upon any person in the City of Iowa City. Said isolation and quarantine shall be either at the Municipal Pound authorized by the City of Iowa City or in a veterinary hospital, except that if such animal is properly licensed and has been vaccinated against rabies not less than thirty (30) days and not more than twenty-four (24) months for dogs and twelve (12) months for other animals from the date of apprehension of said animal, it may be placed in the custody of the owner on the owner's premises during the isolation and quarantine period if the owner resides in Iowa City. When isolation and quarantine is authorized on the owner's premises, it will be at the discretion of and under the direct supervision of the City. The expense of isolation and quarantine at a veterinary hospital will be borne by the owner. If the animal is placed in isolation and under quarantine in the animal shelter authorized by the City of Iowa City, a charge to the owner, as set by resolution of the City Council, shall be made. Every owner or person having possession, custody or control of an animal which is known to be rabid or which has been bitten by an animal infected with rabies shall immediately report such fact to the City and shall have such animal placed in isolation and quarantine as directed by the City for such period as may be designated and at the expense of the owner. -8 - Ordinance No. 72-2610 2. Animal Bites. It shall be the duty of every physician or other practitioner in the City of Iowa City to make written report to the City Manager of the name and Address of persons treated for bites inflicted by animals, together with other such information as will assist in the preven- tion of rabies. It shall be the duty of every veterinarian in the City of Iowa City to report to the City any diagnosis of rabies in an animal made by him or under his supervision. It shall be the duty of the owner of any animal or any person having knowledge of such animal biting or causing a skin abrasion upon any person in the City of Iowa City to promptly report such fact to the City Manager. 3. Proclamation. Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Mayor, if he deems it necessary, shall issue a proclamation ordering every owner of a pet animal to confine the same securely on the owner's premises at all times for such period of time as is deemed necessary. SECTION XII RELEASING OR MOLESTING ANIMALS. Any person except the owner of an animal or his authorized agent who willfully opens any door or gate on any private or public premises for the purpose of enticing or enabling any animal to leave such private or public premises, as defined in this Ordinance, shall be guilty of a misdemeanor. Any person who willfully molests, teases, provokes or mistreats a pet animal shall be guilty of a misdemeanor. SECTION XIII MISDEMEANOR. Any person, firm or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of from $1.00 to $100.00, or by imprisonment for from one to thirty days. SECTION XIV REPEALER. Chapter 4.22 and Chapter 4.23 of the Municipal Code of Iowa City, Iowa, adopted by Ordinance #2385 and enacted May 3, 1966, are hereby repealed and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION XV SAVINGS CLAUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court of competent juris- diction 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. -9 - Ordinance No. 72-2610 SECTION XVI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by White and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x x x ATTEST: , City Clerk 1st Reading /-/a"-j:). 7o 2nd Reading 3rd Reading Brandt Connell Czarnecki Hickerson White �✓ � ' /tel,'/i_/�� MAYOR As amended -F As amended 2-15-72 T.O. 2-15-72 T.O. 2-15-72 T.O. Passed and approved thisl5th day of February , A.D., 1972. ORDINANCE NO. 72-2611 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY BY REPEALING SECTION 9.20.32 OF THE ELECTRICAL CODE, SCHEDULE OF FEES, AND ENACTING A NEW SCHEDULE OF FEES; TO PROVIDE FOR THE HEALTH SAFETY AND WELFARE OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I PURPOSE: The purpose of this ordinance is to amend the Municipal Code of Iowa City, Iowa, by repealing Section 9.20.32 of the Electrical Code, Schedule of Fees; enact a new schedule of fees; to provide for the health, safety, and welfare of the citi- zens of Iowa City, Iowa; and to repeal all ordinances or parts of ordinances in conflict with the provisions of this ordinance. SECTION II SCHEDULE OF FEES: Before any electrical permit may be issued by the City of Iowa City, Iowa under the Electrical Code, the following fees shall be paid to the Electrical Inspector as hereinafter set forth: 1. One meter setting $3.00 Two meter settings 5.00 Each meter setting in excess of two - each .75 2. Outlets, switches, light fixture opening 1-30 3.50 31 $ Over - each .10 3. Electric range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them 2.00 each 4. Fluorescent per running ft. .03 5. Electric heat per kilowatt. .50 6. Motors (exclusive of circuits) Less than 1/4 hp. - one through ten motors.25 each more than ten .20 each 1/4 hp. to 1 hp. - one through ten motors .50 each more than ten .25 each 1 hp. to 6 hp. - one through ten motors 1.00 each more than ten .50 each 6 hp. or over -one through ten motors 1.50 each more than ten .75 each 7. Minimum fee for any permit. 5.00 SECTION III REPEALER: Section 9.20.32 of the Municipal Code of Iowa City, Iowa and any and all ordinance or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. -2 - Ordinance No. 72-2611 SECTION IV SAVINGS CLAUSE: If any section, subsection, sen- tence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such adjudication shall not effect the validity of this Ordinance as a whole or any section, subsections, provisions, sentence, clause, phrase, or part of this ordinance not adjudged invalid or unconsti- tutional. 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 Hickerson and seconded by Connell that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Connell Czarnecki Hickerson White �"- Mayor 1 a e Attest: City Clerk 1st Reading /- 1,C- 73, T D, 2nd Reading 7 _ /_ 72 T6 . 3rd Reading 2-15-72 T.O. Passed and approved this 15th day of February , A.D., 1972. ORDINANCE N0. 72-2614,. AN ORDINANCE ESTABLISHING STANDARDS FOR GROUP USE OF CITY PARKS IN IOWA CITY; ESTABLISHING PERMITS AND STANDARDS THEREFORE; SETTING THE REQUIREMENTS THEREOF, AND ESTABLISHING THE ENFORCE- MENT AND PENALTIES FOR TU VIOLATION THEREOF, AND REPEALING SECTION 3.34.3(16) OF THE MUNICIPAL CODE OF THE CITY 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 establish standards for group use of City Parks in Iowa City; to define groups and their uses of the Parks; to set standards for the use of Parks by groups; to establish Permits for group use and set out the requirements of said Permits and to provide for the enforcement of said standards and requirements to promote the use of the Parks in Iowa City for the benefit of the citizens of Iowa City and to promote the health and welfare of the citizens of Iowa City, and to repeal Section 3.34.3(16) of the Municipal Code of the City of Iowa City, Iowa. SECTION II DEFINITIONS. The following terms shall be defined for the purpose of this Ordinance as follows: 1. City Council. The City Council of Iowa City, Iowa. 2. City Manager. The City Manager of Iowa City or such person designated by him to perform in his place the duties required by this Ordinance. 3. Group. Any assemblage of persons or association or organization of persons, whether incorporated or unincorporated, which desires to use Park faci- lities in Iowa City for a particular purpose or for a particular purposes, including but not limited to, picnics, parties, public entertainment, rally or demonstrations. Group shall include a promotional event promoted by one or more persons designed to attract any assemblage of persons and shall include both purposes for private groups or those to which the general public is invited. 4. Parade. A march or procession upon a public street or alley or public sidewalk which shall exclude the use of said streets, alley or sidewalks for the duration of the march or procession to other vehicular or pedestrian traffic. A parade shall be deemed to include a march or procession by either vehicles or pedestrians or both. Funeral processions shall not be deemed to be included in this definition and shall not be considered a parade. 5. Public Entertainment. An event, whether advertised or not, which features musical, dramatic art, theatrical, fireworks, athletic or other types of display or exhibition or circus or carnival events whose primary purpose is to amuse, entertain or provide an exhibition for people. 6. Rally or Demonstration. A gathering together of a group of persons -2 - Ordinance No. 72-261 on or in a public street, sidewalk, alley or public park or place in a park to advocate or discuss political, social, religious, civil matters or policy positions or ideas. It shall include planned and spontaneous gatherings and private and public groups. SECTION III PERMIT. It shall be unlawful for any person or group to use the facilities of any park, in part or in whole, in Iowa City for any picnic, parties, public entertainment, rally or demonstration or parade or any combination thereof or for any use which excludes the use of the facili- ties to others without having obtained a Permit therefore as provided in this Ordinance. No permit shall be required for family or social picnics which do not use shelters in the Parks or for family or social groups of relatively small assemblages which use of the Park for whatever purpose does not operate to effectively exclude others from the use of the Park. SECTION IV APPLICATION An application for a Permit containing the information required herein shall be filed with the City Manager by any group desiring to use the facilities of any Park as provided in this Ordinance. All applications shall be filed at least thirty (30) days in advance of the date of the requested use, unless the City Manager, in his discretion, shall waive this time requirement. Said discretion shall be based upon the type of use for which the facilities are requested, number of people estimated to attend, publicity of the event and the nature of the event. Application shall be made on forms prepared by the City Manager and shall contain information required by this Ordinance. The City Manager shall have a reasonable time to grant or deny the Permit. The length of time which is reasonable shall be determined on the type of use, the information supplied, the time of filing of the appli- cation, the extent of advance preparation and planning demonstrated and reasonably required and the manner in which the application demonstrates whether or not the proposed use meets the standards and purposes of this Ordi- nance. The City Manager shall grant or deny the Permit in writing and the grant or denial shall be mailed or delivered to the applicant. SECTION V APPLICATION FORM. The application form for any use of a Park shall contain, in addition to any other information the City Manager shall deem necessary, the following information: 1. Name and address of the applicant, the sponsoring organization and -3 - Ordinance No. 72-2613 address, if any, and the officers and employees and their addresses of said organization. c 2. The type of use to be requested, whether it is to be a picnic, party, public entertainment, rally or demonstration or parade or any combination thereof. 3. The location in the Park proposed to be used, unless the site is to be selected by the City Manager. 4. The expected size of the group to be used. Said estimated size not to be held to be conclusive of the size of any group. 5. The date and time of said use and the method of advertising it, if any, in detail. 6. The names and addresses of the person or persons to be in charge of said use at the site in the Park. 7. If a party, public entertainment or parade or rally or demonstration or any combination thereof, the names and addresses of any persons to be featured as entertainers or speakers a list of mechanical equipment to be used, any motor vehicles to be used, any animals to be used and a description of any sound amplification to be used. S. Proposed policing of the group which shall include the number of people to direct traffic, set up and clean up the grounds and to maintain order if necessary during the event or use if such policing is necessary. If the City Manager deems it reasonable to require special duty police, said application shall set forth the number to be employed, which employment shall be the responsibility of the applicant. 9. The application shall be accompanied by Liability insurance purchased by the applicant for protection of the public and members of the group which shall name the City of Iowa City as an insured party and shall indemnify and save harmless the City of Iowa City in an amount to be determined by the City Manager or the applicant shall set out insurance proposed. 10. The application shall be accompanied by a Bond purchased by the applicant in an amount determined by the City Manager,( -to be reasonable based upon the use and the expected size of the group)to insure against damage to the Park facilities or the applicant shall set out the Bond proposed. -4 - Ordinance No. 72-2613, 11. The City Manager may waive any of the above requirements when not applicable f?r the proposed use or event and may prescribe different forms for the applications for different events, as long as they are generally in conformity with this section. SECTION VI STANDARDS FOR ISSUANCE. The City Manager shall examine the application and shall grant or deny said Permit based upon the following stan- dards: 1. The date and times of said proposed use as to whether or not it will disrupt the use of the Park by the public to an unreasonable extent at a date and time when the public uses the Park to a great extent. 2. The size of the group as to whether or not the size estimated will disrupt the use of the Park by the public to an unreasonable extent or can be held in the Park because of its size. 3. Whether or not the proposed Park facility can accommodate the group based upon its size and the facilities available for health and sanitation. 4. Whether or not the application demonstrates that the applicant has the means, funds, planning and coordination to hold such event as is proposed in view of the proposed time and place, facilities available, traffic control, parking requirements and policing and to meet the requirements of the Permit. 5. Whether or not the application demonstrates that the event is of such size and nature that requires the diversion of so great a number of police officers of the City to properly police the event and the areas contiguous thereto that allowing the event would deny reasonable police protection to the City. 6. Whether or not the event will interfere with another event for which a Permit has been granted. 7. Whether or not any information in the application turns out to be false or non-existent in any material detail. 8. Whether or not the proposed event would interfere unreasonably as to date and time with the inhabitants of the surrounding area. 9. ILPuY��L K_-�t- tkiproposed event has been previously held and the results thereof have been favorable or unfavorable. 10. Whether or not the applicant has previously demonstrated inability to comply with a Permit for a.previous event. -5 - Ordinance No. 72-2619, 11. Whether or not there is additional information which reasonably leads the City Manager to conclude that the proposed event will not comply with the laws of the State of Iowa and the Ordinances of the City of Iowa City, or the Permit of the City of Iowa City. SECTION VI GRANT OR DENIAL. A) Grant. The City Manager shall grant or deny the Permit in writing and __ the Permit is granted he shall set forth the terms and conditions of said _ ..._t which shall specify the following: i) Date and time and place; 2) Insurance and Bond requiremerzs; 3) If a parade, the route or staging area; 4) Number of monitors or policing personnel required; 5) Other requirements deemed necessary by the City Manager, ane. o) Nothing contained or omitted in said Permit shall be deemec to have waived any requirements of this or any other ordi- nance of the City of Iowa City or any State Statute. ..) Danial. If the City Manager daces t:;e Permit, he shall do so in :.d shall specify the reasons therefore. SECTION VII APPEAL. Any party aggrieved by the decision of the City r.,.aager to grant or deny any Permit under this Ordinance may appeal from the c,...a:-mination of the City Manager within five (5) days thereafter to the C_ty ac_1 by filing a written notice of appeal for a hearing on said Permit acation at the next regular meeting of the City Council. Upon such hc,_- :,,e City Council may reverse, affi.a. or modify in any regard the a�termination of the City Manager based upon the standards enumerated here- in. In the event an application is not filed within the required time t.. ..p, a&iin9 Flay request a WaiV-r ,y the City CO=Qil a'i.Q :.cel may determine that there ar._ cucc. unuo"l circumstances that it ..,., wa�.v� _..� requirement in the Counci:.`s discr�zion. VIII INSURANCE AND BG..:. In event that the Permit is :or any proposed use the a; 1licvr. X1.1_11 post proof of insurance enc oo:;d as may be required at the time of receipt of the Permit and no Pte._ w___ be issued without such insurance or bond. bECT10N IX REVOCATION. In the event it is determined after the otc... of a Permit that the applicant has misstated in any way any material fact in the application or that there is a material variance between the information. V, ,,, .s ,.f;:,.. A, ...., , in the application and the actual facts or those fact's which appear reasonably -6 - Ordinance No. 72-261 to occur, the City Manager or City Council may review said application based upon the standards of this Ordinance and revoke said Permit if not in compli- ance therewith. Said Permit may also be revoked when by reason of disaster, public calamity, riot, or other emergency it is determined that the safety of the public requires said revocation. SECTION X 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 XI REPEALER. Section 3.34.3(16) of the Municipal Code is hereby repealed. SECTION XII EFFECTIVE DATE: This Ordinance shall be in effect after its Y final passage, approval and publication as required by law. It was moved by Mite and seconded by Connell Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x 'Connell x Czarnecki X_ Hickerson x White MAYOR ATTEST: •• City Clerk 1st Reading I- 14 - -1 " T. O 2nd Reading n - I - -1 ')- r. 3rd Reading 2-15-72 T.O. Passed and approved this 15th day of 'February " ' , A.D., 1972. that the ORDINANCE NO. 72-2613 AN ORDINANCE ESTABLISHING A SCHEDULE OF FEES FOR BUILDING PERMITS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I PURPOSE: The purpose of this ordinance is to estab- lish a schedule of fees for building permits and to provide for the health, safety, and welfare of the citizens of Iowa City, Iowa. SECTION II SCHEDULE OF FEES: Before any building permit may be issued by the City of Iowa City, Iowa under the Building Code, the following fees shall be paid to the Building Official as here- inafter set forth: TOTAL VALUATION OF BUILDING FOR WHICH PERMIT IS ISSUED $ 1.00 to $ 500.00 $ 501.00 to $1000.00 $1001.00 to 50000.00 $50,001.00 and up FEE $ 5.00 10.00 10.00 ) for first $1000.00 plus $2.00 for each additional thousand or fraction thereof up to and in- cluding $50,000.00 108.00 ) for the first $50,000.00 plus $1.00 for each additional thousand or fraction thereof. SECTION III REPEALER: Any and all ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE: If any section, subsection, sen- tence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such adjudication shall not effect the validity of this Ordinance as a whole or any section, subsections, provisions, sentence, clause, phrase, or part of this ordinance not adjudged invalid or unconsti- tutional. 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 Hickerson and seconded by Connell that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell X Czarnecki x Hickerson 1 White -2 - Ordinance No. 72-2 Attest: ryZ � City Clerk 1st Reading /-/- 7:) r c . 2nd Reading / —72 3rd Reading 2-15-72 T. 0. IYayor ' Passed and approved this 15th day of February A.D., 1972. ORDINANCE NO. 72-2614 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA BY REPEALING SECTION 9.10.45 A. RELATING TO MATERIAL USED IN SEWER CONNECTIONS AND ENACTING NEW REQUIREMENTS THEREFORE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. Section I PURPOSE: The purpose of this Ordinance is to amend the material requirements for sewer connections by establishing new minimum standards for material requirements for sewer connections and to provide for the health, safety, and welfare of the citizens of Iowa City, Iowa. Section II AMENDMENT: The Municipal Code of Iowa City, Iowa is hereby amended by repealing Section 9.10.45 A. and the following is placed in lieu thereof: 9.10.45 A. MATERIAL - SEWER CONNECTIONS. The main drain of every house or building shall be separately and independently connected with the street sewer in the street except that when it is necessary to construct a private sewer to connect with a main or lateral sewer, such sewer plans shall be used as are approved by the plumbing inspector and the City Engineer; but in no case shall a joint drain be laid in cellars parallel with street or alley. All drains laid beneath the ground inside the building or beneath the cellar floor from a point three feet outside the foundation wall shall be of extra heavy cast iron pipe of sizes approved by the plumbing in- spector; all other drains or soil pipes connected with the main drain or where the main drain is above the cellar floor, shall be of cast iron, lead or copper pipe. Outside the building all connections to the City sewer, where new connec- tions or replacements are to be made, shall be made of standard or extra heavy cast iron soil pipe or No. 1 Vitrified Clay Sewer Pipe approved by the plumbing inspector. All joints shall be caulked in a proper manner to prevent infiltration and roots from entering the connections. In the use of cast iron soil pipe, the joints shall be firmly caulked with oakum and lead or a compression type gasket, conforming to ASTM C-564, may be used in lieu thereof. In the use of vitrified clay pipe, the joints shall be caulked with oakum and with one part sand, one part cement mortar or a hot poured sulphur silica preparation on all re- pair jobs where joints exist on the rest of the line; new vitrified clay pipe lines shall have factory fabricated joint connections conforming to "standard specifications for vi- trified clay pipe joints using materials having resilient properties" A.S.T.M. designation C-425-66. Joints may be Type I or Type III. Soil pipe shall meet the requirements of the current stan- dard specifications for cast iron soil pipe adopted by the American Society for Testing Materials, Serial Designations A 74-29 and its subsequent amendments. All vitrified clay sewer pipe and fittings used shall conform to the current standard specifications for a vitrified clay sewer pipe, adopted by the American Society for Testing Materials, Serial Designation C 13-35 and- its subsequent amendments. Ordinance No. 72-2614 Page 2 In case the depth of the sewer does not exceed ten feet, the fall of the drain connection with the public sewer shall be uniform from the place of connection with the soil pipe heretofore provided for; and in no case shall the fall of such drain be less than one-quarter inch to the foot without a special permit from the plumbing inspector. Section III REPEALER: Section 9.10.45A, of the Municipal Code of Iowa City and all other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section IV SAVINGS CLAUSE: In the event any section, pro- vision or part of this Ordinance shall be adjudged in 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 in- valid or unconstitutional. It was moved by Hickerson and seconded by White that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ..' Attest: + City Clerk 14 1st Reading _ /_ /� 77 V 2nd Reading ;� -/- 7,2 r J, 3rd Reading 2-15-72 T.O. 1972, Passed and approved this 15th Brandt Connell Czarnecki Hickerson White MAYOR day of February ,A.D. ORDINANCE NO. 72-2614 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA BY REPEALING SECTION 9.10.45 A. RELATING TO MATERIAL USED IN SEWER CONNECTIONS AND ENACTING NEW REQUIREMENTS THEREFORE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. Section I PURPOSE: The purpose of this Ordinance is to amend the material requirements for sewer connections by establishing new minimum standards for material requirements for sewer connections and to provide for the health, safety, and welfare of the citizens of Iowa City, Iowa. Section II AMENDMENT: The Municipal Code of Iowa City, Iowa is hereby amended by repealing Section 9.10.45 A. and the following is placed in lieu thereof: 9.10.45 A. MATERIAL - SEWER CONNECTIONS. The main drain of every house or building shall be separately and independently connected with'the street sewer in the street except that when it is necessary to construct a private sewer to connect with a main or lateral sewer, such sewer plans shall be used as are approved by the plumbing inspector and the City Engineer; but in no case shall a joint drain be laid in cellars parallel with street or alley. All drains laid beneath the ground inside the building or beneath the cellar floor from a point three feet outside the foundation wall shall be of extra heavy cast iron pipe of sizes approved by the plumbing in- spector; all other drains or soil pipes connected with the main drain or where the main drain is above the cellar floor, shall be of cast iron, lead or copper pipe. Outside the building all connections to the City sewer, where new connec- tions or replacements are to be made, shall be made of standard or extra heavy cast iron soil pipe or No. 1 Vitrified Clay Sewer Pipe approved by the plumbing inspector. All joints shall be caulked in a proper manner to prevent infiltration and roots from entering the connections. In the use of cast iron soil pipe, the joints shall be firmly .caulked with oakum and lead or a compression type gasket, conforming to ASTM C-564, may be used in lieu thereof. In the use of vitrified clay pipe, the joints shall be caulked with oakum and with one part sand, one part cement mortar or a hot poured sulphur silica preparation on all re- pair jobs where joints exist on the rest of the line; new vitrified clay pipe lines shall have factory fabricated joint connections conforming to "standard specifications for vi- trified clay pipe joints using materials having resilient properties" A.S.T.M, designation C-425-66. Joints may be Type I or Type III. Soil pipe shall meet the requirements of the current stan- dard specifications for cast iron soil pipe adopted by the American Society for Testing Materials, Serial Designations A 74-29 and its subsequent amendments. All vitrified clay sewer pipe and fittings used shall conform to the current standard specifications for a vitrified clay sewer pipe, adopted by the American Society for Testing Materials, Serial Designation C 13-35 and its subsequent amendments. I Ordinance No. 72-2614 Page 2 In case the depth of the sewer does not exceed ten feet, the fall of the drain connection with the public sewer shall be uniform from the place of connection with the soil pipe heretofore provided for; and in no case shall the fall of such drain be less than one-quarter inch to the foot without a special permit from the plumbing inspector. Section III REPEALER: Section 9.10.45A, of the Municipal Code of Iowa City and all other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section IV SAVINGS CLAUSE: In the event any section, pro- vision or part of this Ordinance shall be adjudged in 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 in- valid or unconstitutional. It was moved by Hickerson and seconded by White that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x X x f// Attest: -' �L G City Clerk 1st Reading �?- /-7,:� 7.-J. 2nd Reading ,ti -/- 7,;� r ), 3rd Reading 2-15-72 T.O. Brandt Connell Czarnecki Hickerson White MAYOR Passed and approved this 15th day of February —,A.D. 1972,• ORDINANCE NO. 2615 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 RLA zone and the boundaries of the R1B zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to�wit: That portion of the SE'k SW'k Section 13, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, lying East of Mercer Park and South of South Towncrest Addition Part Four and that portion of the NE'k NW -14- and of the NW'k NE'k Section 24, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, lying East of Mercer Park and North of the Chicago, Rock Island and Pacific Railroad Company. 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 UjiZr and seconded by Czarnecki that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White x , Passed and approved this 21 day of March , 1972 . ,. Mayor ATTEST: City Clerk ' First Reading .7-/5-7, 10 Second Reading O Third Reading 3-1-727-.0. 1/- ORDINANCE N0. 2G16 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO CH 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 zone and the boundaries of the CH Zone as indicated upon the Zoning Map of the City of Iowa City, Iowa, all be enlarged to include the follow- ing property, to -wit: All that part of the Southeast Quarter of the Southwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, lying North of Interstate Highway #80 and East of Iowa Highway #1 and containing 21.8 acres, more or less. (Highlander) 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 l and publication Johnson as ovided County, Iowa, upon final passage, pprova by law. It was moved by Hickerson and seconded by Conner that the Ordinance be adopted and upon roll call therNAYSe were:AYESABSENT: Brandt x Connell x Czarnecki x Hickerson x White x Passed and approved this 21 day of March Mayor ATTEST City Clerk Clerk Aaoroved by P&Z First Reading_ -3 Second Reading-�_� Third Readingj3-1 _ 1.0 1' ORDINANCE NO. 2617 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO CH 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 Zone and the boundaries of CH 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: Commencing at the southeast corner of the northeast quarter of the southwest quarter of Section 36, Township 80 north, Range 6 west of the 5th P.M.: thence north 89° 22' west 715.26 feet along the south line of the northeast quarter of the southwest quarter of said Section 36, to the point of beginning (The west line of the southwest quarter of said Section 36 is assumed to bear true north and south); thence north 46° 32' west 561.87 feet to the easterly right-of-way line of Highway #1; thence south 24° 44' west along the easterly right-of-way line of Highway #1 to the south line of the northeast quarter of the southwest quarter of said Section 36; thence south 890 22' east 582.94 feet along the south line of the northeast quarter of the southwest quarter of said Section 36 to the point of beginning. (DX Station, Hwy. X61) 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 Hirkarsnn and seconded by r---- 1 l that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Hickerson x Czarnecki x White x Passed and approved this 21 day of March , 19J.2 -- PA App4roved by P&Z dFirst Mayor Reading 3 -1 1`� i ATTEST: ��> Second Reading _-)- t` - City Clerk / Third Reading f :I - App4roved by P&Z ORDINANCE NO. 2618 AN ORDINANCE ESTABLISHING STANDARDS FOR THE USE OF STREETS FOR PARADES AND OTHER EVENTS IN IOWA CITY, IOWA AND SETTING THE REQUIREMENTS THEREOF, ESTABLISHING THE ENFORCEMENT AND PENALTIES FOR THE VIOLATION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to establish standards and procedures for the use of City streets in Iowa City, for parades and other group uses permitted by the City Council, to promote the use of the streets in Iowa City for the benefit of the citizens of Iowa City. SECTION II. DEFINITIONS. The following terms shall be defined for the purposes of this Ordinance as follows: A. City Council. The City Council of Iowa City, Iowa. B. City Manager. The City Manager of Iowa City or such person designated by him to perform in his place the duties required by this Ordinance. C. Group. Any assemblage of persons or association or organization of persons, whether incorporated or unincorporated, which desires to use a portion of a street or streets in Iowa City for a particular purpose including but not limited to parades, public entertainment, rally or demonstrations, all as defined in this Ordinance. D. Parade. A march or procession upon a public street or alley or public sidewalk which shall exclude the use of said streets, alley or sidewalks for the duration of the march or procession to other vehicular or pedestrian traffic. A parade shall be deemed to include a march or procession by either vehicles or pedestrians or both. Funeral processions shall not be deemed to be included in this definition and shall not be considered a parade. E. Public Entertainment. An event, whether advertised or not, which features musical, dramatic art, theatrical, fireworks, athletic or other types of display or exhibition or circus or carnival events whose primary purpose is to amuse, entertain or provide an exhibition for people. F. Rally or Demonstration. A gathering together of a group of persons on or in a public street, sidewalk, alley or public park or place in a park to advocate or discuss political, social, religious, civil matters or policy positions or ideas. It shall include planned and spontaneous gatherings and private and public groups. G. Roadway. That portion of a public street or alley which is improved and designed for vehicular traffic. - 2 - H. Sidewalk. That portion of a public street between the outermost limit of the street right-of-way and the curbline or where no curb exists, the edge of the roadway, which may or may not be improved for pedestrian traffic. I. Street. A dedicated street and which includes all right-of-way dedicated and accepted for street use, which includes the sidewalk and road- way. SECTION III. PERMIT. It shall be unlawful for any person or group to use any portion of a public street, roadway or sidewalk in whole or in part, in Iowa City for any parade, public entertainment, rally or demonstration or any combination thereof or for any use which excludes the use of the street, roadway or sidewalk to others without having obtained a permit therefore, as provided in this Ordinance, unless said use is a permitted use, as defined herein which requires no permit and said permitted use is conducted follow- ing the limitations set for said use. SECTION IV. NON -PERMIT USES the sidewalk only without a permit: The following uses shall be allowed upon A. Picketing. Picketing of any business, firm or corporation, public or private, when persons engaged as pickets do not prevent others physically from entering the premises being picketed or prevent others from reasonable use of the sidewalk for pedestrian travel in the area. All picketing shall be conducted upon the sidewalk and shall not be conducted in the street with- out a permit, as provided in this Ordinance. As used in this Ordinance, picketing shall mean persons who are protesting through the use of placards, signs, etc., and who are walking in the area continually. Picketing shall be confined to the sidewalk area adjacent to the business, firm or corporation property being picketed. B. Protesters. As used in this Ordinance, protesters shall mean persons protesting or advocating some idea, philosophy or program or person, firm or corporation, public or private or any political, social, religious or civil matter or policy, position or idea. Protesters may conduct their protest on the sidewalk as long as they do not block the sidewalk or prevent others from a reasonable use of the sidewalk. All protests shall be conducted on the side- walk and not in the street without a permit as provided in this Ordinance. The - 3 - number of protesters engaged in protest in a given area of the sidewalk shall not exceed a reasonable number in order to allow pedestrian traffic on the sidewalk. Persons engaged in a protest upon the sidewalk shall not congre- gate in such numbers so as to prevent the normal use of the sidewalk by pedestrians or to block any exit or entrance to any buildings adjacent to the sidewalk. In the event a protest shall block the sidewalk unreasonably, persons engaged in the protest shall cease and disperse upon the order of a peace officer. 1 C. Leaflets, Newspapers and Magazines. No person who shall sell news- papers and magazines or distribute leaflets shall be required to obtain a permit. This section shall not operate to allow mechanical newsstands or other mechanical means of distribution to remain on the sidewalk, but shall only operate to allow persons distributing newspapers, magazines or leaflets as long as said persons comply with all ordinances of the City relating to littering and do not block the sidewalk. SECTION V. COMMERCIAL USES PROHIBITED. No permit shall be allowed for the use of any portion of the street or sidewalk or roadway wherein the appli- cant, if granted permission to use the street, would charge any admission charge or fee to any person or to the general public in order to participate in the use of the street, sidewalk or roadway or in the event, public enter- tainment or parade. No person shall place or cause to be placed on or over any street, alley or sidewalk any goods, wares or merchandise for the purpose of offering the same for sale or storage. SECTION VI. APPLICATION. An application for a permit containing the information required herein shall be filed with the City Manager by any group desiring to use any street, sidewalk or roadway, as provided in this Ordinance. All applications shall be filed at least thirty (30) days in advance of the date of the requested use, unless the City Manager, at his discretion, shall waive this time requirement. Said discretion shall be based upon the type of use for which the facilities are requested, number of people estimated to attend, publicity of the event and the nature of the event. Application shall be made on forms prepared by the City Manager and shall contain information required by this Ordinance. The City Manager shall have a reasonable time to -4 - grant or deny the permit. The length of time which is reasonable shall be determined on the type of use, the information supplied, the time of filing of the application, the extent of advance preparation and planning demonstra- ted and reasonably required and the manner in which the application demonstrates whether or not the proposed use meets the standards and purposes of this Ordi- nance. The City Manager shall grant or deny the permit in writing and the grant or denial shall be mailed or delivered to the applicant. The City Manager shall immediately forward, upon the grant or denial of a permit, a copy of same to the City Council by regular mail or delivery in person. SECTION VII. APPLICATION FORM. The application form for any use of any street, sidewalk or roadway shall contain, in addition to any other informa- tion the City Manager shall deem necessary, the following information: A. Name and address of the applicant, the sponsoring organization and address, if any, and the officers and employees and their addresses of said organization. B. The type of use to be requested, whether it is to be a parade, public entertainment, rally or demonstration or parade or any combination thereof. C. The location proposed to be used, unless the site is to be selected by the City Manager. D. The expected size of the group to be used. Said estimated size not to be held to be conclusive of the size of any group. E. The date and time of said use and the method of advertising it, if any, in detail. F. The names and addresses of the person or persons to be in charge of said use at the site. G. If a parade, public entertainment or rally or demonstration or any combination thereof, the names and addresses of any persons to be featured as entertainers or speakers, a list of mechanical equipment to be used, any motor vehicles to be used, any animals to be used and a description of any sound amplification to be used. H. Proposed policing of the group which shall include the number of people to direct traffic, set up and clean up and to maintain order, if necessary, during the event or use policing, if such is necessary. If the City Manager deems it reasonable to require special duty police, said - 5 - application shall set forth the number to be employed, which employment shall be the responsibility of the applicant. I. The application shall be accompanied by Liability insurance purchased by the applicant for protection of the public and members of the group which shall name the City of Iowa City as an insured party and shall indemnify and save harmless the City of Iowa City in an amount to be determined by the City Manager or the applicant shall set out insurance proposed. J. The application shall be accompanied by a Bond purchased by the applicant in an amount determined by the City Manager, to be a reasonable amount, based upon the use and the expected size of the group, to insure against damage, or the applicant shall set out the Bond proposed. K. The City Manager may waive any of the above requirements when not applicable for the proposed use or event and may prescribe different forms for the applications for different events, as long as they are generally in conformity with this section. SECTION VIII. STANDARDS FOR ISSUANCE. The City Manager shall examine the application and shall grant or deny said permit based upon the following standards: A. The date and times of said proposed use as to whether or not it will disrupt the use of the streets by the public to an unreasonable extent at a date and time when the public uses the streets to a great extent. B. The size of the group as to whether or not the size estimated will disrupt the use of the streets by the public to an unreasonable extent or can, be held because of its size. C. Whether or not the proposed street can accommodate the group based upon its size and the facilities available for health and sanitation. D. Whether or not the application demonstrates that the applicant has the means, funds, planning and coordination to hold such event as is proposed in view of the proposed time and place, facilities available, traffic control, parking requirements and policing and to meet the requirements of the permit. E. Whether or not the application demonstrates that the event is of such size and nature that requires the diversion of so great a number of police officers of the City to properly police the event and the areas contiguous thereto that allowing the event would deny reasonable protection to the City. F. Whether or not the event will interfere with another event for which a permit has been granted. G. Whether or not any information in the application turns out to be false or non-existent in any material detail. H. Whether or not the proposed event would interfere unreasonably as to date and time with the inhabitants of the surrounding area. ,w I. If the proposed event has been previously held, whether or not the results thereof have been favorable or unfavorable. J. Whether or not the applicant has previously demonstrated inability to comply with a permit for a previous event. K. Whether or not the applicant is a commercial or charitable applicant, the policy being to minimize commercial use. L. The length of time of the proposed event to determine if the time period is unreasonable. M. Whether or not there is additional information which reasonably leads the City Manager to conclude that the proposed event will not comply with the laws of the State of Iowa and the Ordinances of the City of Iowa City, or the permit of the City of Iowa City. SECTION IX. GRANT OR DENIAL. A. Grant. The City Manager shall grant or deny the permit in writing and if the permit is granted, he shall set forth the terms and conditions of said permit which shall specify the following: 1. Date and time and place; 2. Insurance and Bond requirements; 3. If a parade, the route or staging area; 4. Number of monitors or policing personnel required; 5. Other requirements deemed necessary by the City Manager, and 6. Nothing contained or omitted in said permit shall be deemed to have waived any requirements of this or any other ordi- nance of the City of Iowa City or any State Statute. B. Denial. If the City Manager denies the permit, he shall do so in writing and shall specify the reasons therefore. C. City Council. Upon receipt of the copy of the grant or denial of a permit herein, the City Council may, upon its own motion (the vote of three members of the Council) determine that it shall review the action of the City Manager and the Council may set aside the action of the City Manager if a majority of the Council determines that the action should be set aside and the Council may grant or deny the permit. If the Council takes no action - 7 - within five (5) days, the City Manager's action shall stand approved. SECTION X. APPEAL. Any party aggrieved by the decision of the City Manager to grant or deny any permit under this Ordinance may appeal from the determination of the City Manager within five (5) days thereafter to the City Council by filing a written notice of appeal for a hearing on said permit application at the next regular meeting of the City Council. Upon such hear- ing, the City Council may reverse, affirm or modify in any regard the determination of the City Manager, based upon the standards enumerated here- in. In the event an application is not filed within the required time, the party appealing may request a waiver thereof by the City Council and the City Council may determine that there are such unusual circumstances that it may waive the requirement in the Council's discretion. SECTION XI. INSURANCE AND BOND. In the event that the permit is granted for any proposed use, the applicant shall post proof of insurance and bond as may be required at the time of receipt of the permit and no permit will be issued without such insurance or bond. SECTION XII. REVOCATION. In the event it is determined after the granting of a permit that the applicant has misstated in any way any material fact in the application or that there is a material variance between the information in the application and the actual facts or those facts which appear reasonably to occur, the City Manager or City Council may review said application, based upon the standards of this Ordinance and revoke said permit if not in compli- once therewith. Said permit may also be revoked when by reason or disaster, public calamity, riot, or other emergency, it is determined that the safety of the public requires said revocation. SECTION XIII. SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged by any Court of competent jurisdic- tion to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision or part there- of not adjudged invalid or unconstitutional. SECTION XIV. REPEALER. Sections 7.18.5 and 7.18.7 of the Municipal Code and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. n. 0 Y SECTION XV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Connell and seconded by White that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell x Czarnecki x Hickerson x White MAYOR ATTEST: City Clerk 1st Reading _ j S-7 8 To. 2nd Reading ?y - 7- -7A j ., p . 3rd Reading .3- a L 7 a 10 - Passed and approved this 21 day of March , A.D., 1972. ORDINANCE NO. 72- 2619 AN ORDINANCE AMENDING ORDINANCE 2381 BY DESCRIBING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA, AND REPEALING CERTAIN ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. Ordinance No. 2381 is hereby amended by adding the following described territory to the First Ward -Third Precinct and to the Fifth Ward - Sixth Precinct. First Ward -Third Precinct also shall include all territory annexed to the City of Iowa City by Resolution #72-95, adopted on March 7, 1972, south of the corporate limits of Iowa City as they existed prior to March 7, 1972 Fifth Ward -Sixth Precinct also shall include all territory annexed to the City of Iowa City by Resolution IF71-484 adopted on December 7, 1971, east of the corporate limits as they existed prior to December 7, 1971 SECTION II. REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. It was moved byWhite and seconded by Czarnecki that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Connell x Czarnecki Hickerson White Passed and approved this 21st day of March, 1972.19 Mayor - - ���[` ATTEST: 24 t i City Clerk is t Reading T. 2nd Reading 3rd Reading T 0 O"INANCi. NO. 2620 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIB TO R2 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOW7A: Section 1. The property described below is hereby reclassified from its present classification of RIB 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 1, Block 45, East Iowa City, Iowa. (Vicinity 6th Ave. & "H" St.) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this 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 Whim and seconded by Hickerson that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White x Passed and approved this 4 day of April , 1972 . V , %%�� Mayor ATTEST: � City Clerk ColSert Wolf, Approved by P&Z First Reading Second Reading Third Readingy -4 % ; .,0 - ORDINANCE NO. 2621 Q2) AN ORDINANCE REGULATING THE USE OF PUBLIC STREETS BY RAILROAD COMPANIES; TO PROVIDE FOR THE PROTECTION OF THE HEALTH AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to regulate the C-(OSS1�J"j9 blocking of the railroad hnseks within the City of Iowa City, Iowa, by any person, firm or corporation, so as to obstruct the free flow of vehicular and pedestrian traffic along any street, intersecting said tracks for a period in excess of ten minutes. SECTION II OBSTRUCTION PROHIBITED. No railroad company, railroad engineer, train conductor, or other person having charge or control of any locomotive engine, car, or train of cars, shall allow the same to remain standing on any railroad track located on City street right-of-way for a Fll c longer period than EeCi minutes, in such a manner as to obstruct the free flow of vehicular and pedestrian traffic along the street intersecting said tracks. SECTION III MISDEMEANOR. Any person, firm or corporation, or any railroad company, or any officer, agent or employee thereof, who shall violate any of the provisions of this Ordinance or who shall do any act herein prohibited, shall be guilty of a Misdemeanor and upon conviction thereof shall be subject to a fine of not more than $100.00 or imprisonment in jail for not more than thirty days. SECTION IV DEFENSE. Any person, firm or corporation who shall establish that a failure to comply with the terms of the prohibition of this Ordinance resulted from a mechanical failure or other unforeseeable circumstance beyond his control shall not be deemed guilty of a violation of this Ordinance. SECTION V REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by White and seconded by Conna19 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Brandt Czarnecki -2- Ordinance No. 2621 x ATTEST: (.Ciz L zc . City Clerk 1st Reading 3- 7--? :1 7.O - 2nd Reading 3rd Reading -# Connell Hickerson White e �-�- MAYOR Passed and approved this [ day of April , A.D., 1972. ORDINANCE NO. 2622 AN ORDINANCE REPEALING ORDINANCE NO. 71-2606 WHICH ESTAB- LISHED VOTING PRECINCTS IN IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section I PURPOSE. It is the purpose of this Ordinance to repeal Ordinance No. 71-2606 which had established voting precincts in Iowa City, Iowa. Section II REPEALER. Ordinance No. 71-2606 is hereby repealed and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. It was moved by White and seconded by xickeraon that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x ATTEST: City Clerk Brandt Connell Czarnecki Hickerson White mayor It was passed and approved this 4- day of 1972. ORDINANCE NO. 72-2623 AN ORDINANCE ESTABLISHING AND DESCRIBING VOTING PRECINCTS I' WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA V (� & REPEALING ORDINANCES NO. 2381, 2427, & 2541 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH �ll� 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 Riverside Dr. and West Benton St., then N along Riverside Dr, to centerline of CRI&P R.R. ROW, W along said ROW to intersection with Olive Street, N along Olive St. to Myrtle Ave., W along Myrtle Ave. to Brookland P1., N along Brookland Pl. to Brookland Park Dr., W along Brookland Park Dr. to Melrose Ct., N along Melrose Ct. to Melrose Ave., W along Melrose Ave. to cor- porate limits of City of Iowa City, follow corporate limits of City of Iowa City SE, then W, then S, then W to inter- section with George St., then S along George St. to inter- section with Oakcrest St., E along Oakcrest St. to inter- section with Oaknoll Dr., S along Oaknoll Dr. to intersection with West Benton St., E along West Benton St, to pt. of beg. PRECINCT #2 Beg. at intersection of center -line of CRI&P R.R. ROW and center -line of main channel of Iowa River, N along center- line main channel of Iowa River to Burlington St. bridge, W along Burlington St. bridge onto Grand Ave. and continue W along Grand Ave. to intersection with Varsity Hts. extended north, S along northern extension of Varsity Hts. and along Varsity Hts. to Melrose Ave., W along Melrose Ave. to Grand Ave. Ct., N along Grand Ave. Ct. to Grand Ave., W along Grand Ave. to South Grand Ave., NWesterly along South Grand Ave. to un -named road just N of Iowa Field House, W along said road to Woolf Ave., N along Woolf Ave. to Newton Road, W along Newton Road to Lincoln Ave., N along Lincoln Ave, to U.S. Hwy. #6, NWesterly along Hwy. #6, to Mormon Trek Blvd., SWesterly along Mormon Trek Blvd. to intersection with CRI&P R.R. ROW, SEasterly along CRI&P R.R. ROW to corporate limits of City - of Iowa City, SEasterly along corporate limits of City of Iowa City to Melrose Ave., E along Melrose Ave. to Melrose Ct., S along Melrose Ct. to Brookland Park Dr., E along Brookland Park Dr. to Brookland P1., S along Brookland P1. to Myrtle Ave., E along Myrtle Ave. to Olive St., S along Olive St. to center- line of CRI&P R.R. ROW, E along center -line of CRI&P R.R. ROW to pt. of beg. PRECINCT #3 Beg. at the intersection of S. Capitol St. and Prentiss St., then N along S. Capitol St. to Burlington St., then W along Burlington St. to Madison St., then N along Madison St. to Iowa Ave., then W on Iowa Ave. onto old Newton Road and con- tinue W on old Newton Road to Glenview Ave., follow Glenview Ave. N, then W, then S to Newton Rd., W along Newton Rd. to Woolf Ave., S along Woolf Ave. to un -named road just north of Field House, E along said road to South Grand Ave., S along South Grand Ave. to Grand Ave., E along Grand Ave. to Grand Ave. Ct., S along Grand Ave. Ct. to Melrose Ave., E along Mel- rose Ave. to northern extension of Varsity Hts., N along northern extension of Varsity Hts. and along Varsity Hts. to Grand Ave., -2- E along Grand Ave. to Burlington St. bridge and continue to center -line of Iowa River channel, S along said center -line of Iowa River channel to intersection with Prentiss St. extended westward, E along Prentiss St. extended and along Prentiss St. to pt. of beg. PRECINCT #4 Beg. at intersection of Iowa Ave. bridge and center -line of Iowa River channel, then NEasterly along center -line of Iowa River channel to Park Rd., W along Park Rd. to Riverside Dr., S along Riverside Dr. to River St., NWesterly along River St. to Beldon Ave., N along Beldon Ave. to Grove St., W along Grove St. to Ferson Ave., N along Ferson Ave. to Park Rd., W along Park Rd. to Rocky Shore Dr., SWesterly along Rocky Shore Dr. to Hwy. #6, E along Hwy. #6 to Lincoln Ave., S along Lin- coln Ave. to Newton Rd., Easterly along Newton Road to Glen- view Ave., follow Glenview Ave. N, W and S to old Newton Rd., E along Newton Rd. extended to pt. of beg. PRECINCT #5 Beg. at intersection of N. Dubuque St. and Market St., N along N. Dubuque St. to Davenport St., W along Davenport St. to Madison St., S along Madison St. to Market St., E along Market St. to pt, of beg. PRECINCT #6 Beg. at intersection of N. Dubuque St. and Davenport St., N along Dubuque St. to Fairchild St., E along Fairchild St. to Gilbert St., N along Gilbert St. to Ronalds St., W along Ronalds St. to N. Dubuque St., N along N. Dubuque St. to Park Rd. extended eastward, W along Park Rd. extended eastward to center -line of Iowa River channel, SWesterly along center- line of Iowa River channel to Iowa Ave. bridge, E along Iowa Ave. to Madison St., N along Madison St. to Davenport St., E along Davenport St. to pt. of beg. PRECINCT #7 Beg. at the intersection of River St. and Riverside Dr., N along Riverside Dr. to Park Rd., E along Park Rd. and Park Rd. extended to N. Dubuque St., N along N. Dubuque St. to its intersection with Ridge Rd., N and then S along Ridge Rd. to its intersection with Whiting Ave., E along Whiting Ave. to a northern extension of N. Van Buren St., N along a line that is the northern extension of N. Van Buren St. to the northern corporate limits of the City of Iowa City. W and S along the -3 - northern and western corporate limits of the City of Iowa City to its intersection with Hwy. #6, E along Hwy. #6 to Rocky Shore Dr., NEasterly along Rocky Shore Dr. to Park Rd., E along Park Rd. to Ferson Ave., S along Ferson Ave. to Grove St., E along Grove St. to Beldon Ave., S along Beldon Ave. to River St., SEasterly along River St. to pt. of beg. PRECINCT #8 Beg. at the northern intersection of the corporate limits of the City of Iowa City and Mormon Trek Blvd. then follow the corporate limits of the City of Iowa City NWesterly, S and E to its southern intersection with Mormon Trek Blvd., then N along Mormon Trek Blvd, to the pt. of beg. PRECINCT #9 Beg. at a pt. of the intersection of the corporate limits of the City of Iowa City and the center -line of the Iowa River, N along the center -line of the Iowa River to Hwy. #6 By -Pass, W along Hwy. #6 By -Pass to its intersection with Hwy. #1 at Riverside Dr., W along Hwy. #1 to Miller Ave., N along Miller Ave. to West Benton St., W along West Benton St, to Oaknoll Dr., N along Oaknoll Dr. to Oakcrest St., W along Oakcrest St. to George St., N along George St. to corporate limits of the City of Iowa City, follow the corporate limits of the City of Iowa City to its intersection with the center -line of the CRI&P R.R. ROW, NWesterly along center -line of the CRI&P R.R. ROW to Mormon Trek Blvd., Southerly along Mormon Trek Blvd. to southern corporate limits of City of Iowa City, follow corporate limits of City of Iowa City in Easterly and Southerly directions to pt. of beg. PRECINCT #10 Beg. at the intersection of the center -line of Hwy. #6 By -Pass and Keokuk St., Northerly along Keokuk St. to Florence St., E along Florence St. to Marcy St., N along Marcy St. to Kirk- wood Ave., E along Kirkwood Ave. to Clark St., N along Clark St. to Walnut St., W along Walnut St. to Summit St., N along -- Summit St. to center -line of CRI&P R.R. ROW, W along center- line of CRI&P R.R. ROW to Page St, extended, W along Page St. extended and Page St. to Lucas St., N along Lucas St. to center -line of CRI&P R.R. ROW, Westerly along center -line of CRI&P R.R. ROW to Dubuque St., N along Dubuque St. to Prentiss St., W along Prentiss St. to center -line of the Iowa River channel, S along center -line of the Iowa River channel to - center -line of the CRI&P R.R. ROW, W along center -line of the CRI&P R.R. ROW to Riverside Dr., S along Riverside Dr. to -4 - West Benton St., W along West Benton St. to Miller Ave., S along Miller Ave. to center -line of Hwy. #1, E along Hwy. #1 to its intersection with Riverside Dr. and Hwy. #6, Easterly along center -line of Hwy. #6 to pt. of beg. PRECINCT #11 Beg. at the intersection of the center -line of CRI&P R.R. ROW and Lucas St., N along Lucas St. to Bowery St., W along Bowery St. to Johnson St., N along Johnson St. to Court St., W along Court St. to Gilbert St., N along Gilbert St. to Burlington St., W along Burlington St. to Linn St., N along Linn St. to Washington St., W along Washington St. to Dubuque St., N along Dubuque St. to Market St., W along Market St. to Madison St., S along Madison St. to Burlington St., E along Burlington St. to Capitol St., S along Capitol St. to Prentiss St., E along Prentiss St. to Dubuque St., S along Dubuque St. to center -line of CRI&P R.R. ROW, Easterly along center -line of CRI&P R.R. ROW to pt, of beg. PRECINCT #12 Beg. at the intersection of the center -line of Hwy. #6 and Fairmeadows Blvd., SWesterly along Fairmeadows Blvd. to Union P1., S along Union P1. to Arizona Ave., SEasterly along Arizona Ave. to Maimi Dr., SWesterly along Miami Dr. to Lakeside Dr., W along Lakeside Dr. to southeastern property line of Iowa City Community School District (Grant Wood School), N, W and S around property line of Iowa City Community School District (Grant Wood School), to westward extension of Lakeside Dr., W along westward extension of Lakeside Dr. to southern extension of Sycamore St., S along southern extension of Sycamore St. to southern corporate limits of City of Iowa City, follow corporate limits of City of Iowa City E and N to center -line of Hwy. #6, NWesterly along Hwy. 06 to pt. of beg. PRECINCT #13 Beg. at the intersection of southern corporate limits of City of Iowa City and the southern extension of;Sycamore St., N along southern extension of Sycamore St. to its intersection with the western extension of Lakeside Dr., E along western extension of Lakeside Dr. to westerly property line of Iowa City Community School District (Grant Wood School), N, E and S around property line of Iowa City Community School District (Grant Wood School) to Lakeside Dr., E along Lakeside Dr. to -5 - Miami Dr., NEasterly along Miami Dr. to Arizona Ave., NWesterly along Arizona Ave. to Union Rd., N along Union Rd. to Fair - meadows Blvd., NEasterly along Fairmeadows Blvd. to center- line of Hwy. #6, Westerly along center -line of Hwy. #6 to southern extension of Broadway St., N along southern extension of Broadway St. and N along Broadway St. to Highland Ave., W along Highland Ave. to Marcy St., N along Marcy St. to Florence St., W along Florence St. to Keokuk St., S along Keokuk St. to center -line of Hwy. #6, Westerly along center -line of Hwy. #6 to center -line of Iowa River, S along center -line of Iowa River to the southern corporate limits of City of Iowa City, E along corporate limits of City of Iowa City to pt. of beg. PRECINCT #14 Beg. at the intersection of the center -line of Hwy. #6 and Sycamore St., N. along Sycamore St. to Lower Muscatine Rd, NWesterly along Lower Muscatine Rd. to Ginter Ave., W along Ginter Ave. to Franklin St., N along Franklin St. to Kirkwood Ave., W along Kirkwood Ave. to Maggard St., N along Maggard St. to center -line of CRI&P R.R. Row to Summit St., S along Summit St. to Walnut St., E along Walnut St. to Clark St., S along Clark St. to Kirkwood Ave., W along Kirkwood Ave. to Marcy St., S Along Marcy St. to Highland Ave., E along Highland Ave. to Broadway St., S along Broadway St. to center -line of Hwy 116, B along center -line of Hwy. #6 to pt. of beg. PRECINCT #15 Beg. at the SE corporate limits of the City of Iowa City, follow the corporate limits of the City of Iowa City in a northerly direction to the intersection with Muscatine Ave., W along Muscatine Ave. to F St., W along F St. to Sixth Ave.,'S along Sixth Ave. to G St., W along G St. to Seventh Ave., S along Seventh Ave. to center -line of CRI&P R.R. ROW, Westerly along center -line of CRI&P R.R. ROW to Maggard St., S along Maggard St. to Kirkwood Ave., E along Kirkwood Ave. to Franklin St., S along Franklin St. to Ginter Ave., E along Ginter Ave. to Lower Muscatine Rd., SEasterly along Lower Muscatine Rd. to Sycamore St., S along Sycamore St. to center- line of Hwy. #6, E and SEasterly along center -line of Hwy. #6 to corporate limits of City of Iowa City, N and then SEasterly along corporate limits of City of Iowa City to pt. of beg. PRECINCT #16 Beg. at the intersection of the eastern corporate limits of Iowa City and Muscatine Ave., N along eastern corporate limits of City of Iowa City to Court St. extended, W along Court St. extended and then along Court St. to Kenwood Dr., S along Ken- wood Dr. to Friendship St., Westerly along Friendship St. to First Ave., S along First Ave. to "F" St., W along "F" St. to Third Ave., S along Third Ave. to Muscatine Ave., E along Musca- tine Ave. to pt. of beg. PRECINCT #17 Beg. at a pt. where "F" St. and First Ave. meet, N along First Ave. to NE corner of Iowa City Community School District (Hoover School), W along northern boundary of property of Iowa City Community School District (Hoover School) extended west to Fourth Ave., S along Fourth Ave. to Court St., W along Court St. to intersection of Court St., Muscatine Ave. and Ralston Creek, Southerly along Ralston Creek to Sheridan Ave., E along Sheridan Ave. to Rundell St., S along Rundell St. to center- line of CRI&P R.R. ROW, Easterly along CRI&P R.R. ROW to Seventh Ave., N along -Seventh Ave. to "G" St., E along "G" St. to Sixth Ave., N along Sixth Ave. to "F" St., E along "F" St. to Muscatine Ave., SEasterly along Muscatine Ave. to Third Ave., N along Third Ave. to "F" St., E along "F" St. to pt, of beg. PRECINCT #18 Beg. at the intersection of the center -line of CRI&P R.R. ROW and the southern extension of Rundell St., N along the southern extension of Rundell St. and then along Rundell St. to Sheri- dan Ave., W along Sheridan Ave. to Ralston Creek, Northerly along Ralston Creek to its intersection with College St., W along College St. to Summit St., S along Summit St. to Burling- ton St., W along Burlington St. to Governor St., S along Governor St. to Bowery St., W along Bowery St. to Lucas St., S along Lucas St. to Page St., E along Page St. and easterly extension of Page St. to center -line of CRI&P R.R. ROW, Easterly along center -line of CRI&P R.R. ROW to pt. of beg. PRECINCT #19 Beg. at the intersection of Bowery St. and Governor St., N along.Governor to Burlington St., E on Burlington St. to Sum- mit St., N along Summit St. to College St., E along College St. to Muscatine Ave., NWesterly along Muscatine Ave. to Iowa Ave., W along Iowa'Ave. to Governor St., S along Governor St. to -7 - Washington St., W along Washington St. to Linn St., S along Linn St. to Burlington St., E along Burlington St. to Gilbert St., S along Gilbert St. to Court St., E along Court St. to Johnson St., S along Johnson St. to Bowery St., E along Bowery St. to pt. of beg. PRECINCT #20 Beg. at intersection of Washington St. and Governor St., N along Governor St. to Iowa Ave., E along Iowa Ave. to Evans St., N along Evans St. to Jefferson St., E along Jefferson St. to Clapp St., N along Clapp St. to Market St., W along Market St. to Union Place, N along Union Place to Bloomington St., W along Bloomington St. to Governor St., N along Governor St. to Davenport St., W along Davenport St. to Lucas St., S along Lucas St. to Bloomington St., W along Bloomington St. to Dubuque St., S along Dubuque St. to Washington St., E along Washington St. to pt. of beg. PRECINCT #21 Beg. at intersection of Bloomington St. and Lucas St., N along Lucas St. to Davenport St., E along Davenport St. to Governor St., N along Governor St. to Brown St., W along Brown St. to Gilbert St., Northerly along Gilbert St. to Kimball Rd., W along Kimball Rd. to Dubuque St., S along Dubuque St. to Ron- alds St., E along Ronalds St. to Gilbert St., S along Gilbert St. to Fairchild St., W along Fairchild St. to Dubuque St., S along Dubuque St. to Bloomington St., E along Bloomington St. to pt. of beg. PRECINCT#22 Beg. at intersection of Brown St. and Governor St., N along Governor St. to Dodge St., NEasterly along Dodge St. which be- comes Hwy. #1 and continue NEasterly to northern corporate limits of City of Iowa City, follow northern corporate limits of City of Iowa City W, S and W to its intersection with the northern extension of Van Buren St., S along northern extension of Van Buren St. to Whiting Ave., W along Whiting Ave. to Ridge Rd., follow Ridge Rd. N and then S to Dubuque St., S .on Dubuque St. to Kimball Rd., E on Kimball Rd. to Gilbert St., Southerly on Gilbert St. to Brown St., E on Brown St, to pt. of beg. PRECINCT #23 Beg. at intersection of Washington St. extended eastward and eastern corporate limits of City of Iowa City, then N and W along said corporate limits of City of Iowa City to its inter- section with Hwy. #1, then SWesterly along Hwy. #1 onto Dodge St. and continue SWesterly to Governor St., S along Governor St. to Bloomington St., E along Bloomington St. to Union P1., S along Union P1. to Market St., E along Market St. to Clapp St., S along Clapp St. to Hotz Ave., E along Hotz Ave. to Parsons St., N along Parsons St. to Rochester Ave., E along Rochester Ave., to Rochester Ct., S and E along Rochester Ct. to Ashwood Dr., N along Ashwood Dr. to Rochester Ave., NEasterly along Rochester Ave. to First Ave., S along First Ave. to Washington St.,,E along Washington St. and eastward extension of Washington St., to Iowa City Community School District property (Lemme School), follow property limits of Iowa City Community School District (Lemme School) to its intersection with Washington St., E along Washington St. and eastern exten- sion of Washington St. to pt. of beg. PRECINCT #24 Beg. at intersection of NE corner of property of Iowa City Com- munity School District (Hoover School) and First Ave., N along First Ave. to Rochester Ave., SWesterly along Rochester Ave. to Ashwood Dr., S along Ashwood Dr. to Rochester Ct., W and N along Rochester Ct. to Rochester Ave., W along Rochester Ave. to Parsons St., S along Parsons St. to Hotz Ave., W along Hotz Ave. to Clapp St., S along Clapp St. to Jefferson St., W along Jefferson St, to Evans St., S along Evans St. to Muscatine Ave., SEasterly along Muscatine Ave. to College St., E along College St. to its intersection with Ralston Creek, Southerly along Ralston Creek to its intersection with Court St., E along Court St. to Fourth Ave., N along Fourth Ave. to western extension of northern property line of Iowa City Community School District (Hoover School), E along western extension of northern property line of Iowa City Community School District (Hoover School) and continue E along said northern property line of Iowa City Com- munity School District (Hoover School) to pt. of beg. PRECINCT #25 Beg at eastern extension of Court St. and corporate limits of City of Iowa City, Northerly along corporate limits of City of Iowa City to Washington St. extended eastward, W along eastern extension of Washington St. to property of Iowa City Community School District (Lemme School), N, W and. S around property of Iowa City Community School District (Lemme School) to its intersection with Washington St., W along Washington St., ex- tension of Washington St. and continue W along Washington St. to First Ave., S along First Ave. to Friendship St., E and NEasterly along Friendship St. to Kenwood Drive, N along Ken- wood Dr. to Court St., E along Court St. and along an eastern extension of Court St. to pt. of -beg. z�z3 SECTION III REPEALER. Ordinance No. 2381, 2427 and 2541 & all ordinance or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 2 day of May , 1972. It was moved by White and seconded by Connell that the Ordinance as read be adopted, and upon roll call the vote was as follows: AYES: NAYS: ABSENT: x / 7 ATTEST: �`� Lc - C CITY CLERK Brandt Connell Czarnecki Hickerson White First Reading Second Reading Third Reading USIMMM �' • � � ' I, I � ,' I I I 1 c ORDINANCE NO. 7 - AN ORDINANCE AMENDING THE MUNICIPAL CODE,OF IOWA CITY, n IOWA BY ADOPTING THE 1970 EDITION OF THE FIRE PREVENTION CODE RECOMMENDED BY THE AMERICAN INSURANCE ASSQCIATION; REPEALING CHAPTER 3.07 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA AND ORDINANCE NO. 2461; PRESCRIBING REGULA- TIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE,AND PROPERTY FROM FIRE OR EXPLOSION; ESTABLISHING A BUREAU OF FIRE PREVENTION. 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 Fire Prevention Code, recommended by the American Insurance Association; to repeal Chapter 3.07 of the Mu- nicipal Code of Iowa City, Iowa and Ordinance No. 2461; to prescribe regulations governing conditions hazardous to life and property from fire and explosion; to establish a Bureau of Fire Prevention. SECTION II ADOPTION. That except as hereinafter limited or amended, there is hereby adopted, as the complete Fire Prevention Code of the City of Iowa City, Iowa, the 1970 Fire Prevention Code, recommended by the American Insurance Association; and the provisions of said Fire Prevention Code shall -be controlling as to all matters therein contained, within the corporate limits of the City of Iowa City, Iowa. SECTION III DEFINITIONS. A. Whenever the word municipality is used,in the Fire Prevention Code, it shall be held to mean the City of Iowa City, Iowa. B. Whenever the term corporation counsel is used in the Fire Pre- vention Code, it shall be held to mean the City Attorney for the City of Iowa City, Iowa. SECTION IV ESTABLISHMENT OF FIRE PREVENTION BUREAU. A. The Fire Prevention Code shall be enforced by the Fire Pre- vention Bureau in the Fire.Department of the City of,Ibwa City, Iowa, which :s hereby established and which shall be operated under the supervision of the Chief of the Fire Department. B. The Fire Marshall in charge of the Bureau of Fire Prevention I I shall be appointed by the City Manager on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed i I I from office except for cause. ,I 1 1 1.' 1 11 1 1 1. 1 , III ., I I 11 11 '' I '' ' I , I i I Ordinance No. 72-z6t" .. 'Paget i ii l u il I. 1 li I I I I n II l C. The Chief of the Fire Department may detail such members of the Fire Department as Inspectors, as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager the employment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the Fire Department, and appoint- ments shall be made only after examination and shall be for an in- definite term with removal only after examination and shall be for an indefinite term with removal only for cause. D.- A report of the Bureau of Fire Prevention shall be made annually and transmitted to the City Manager. It shall contain all proceedings under this Code with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department shall also recommend any amendments to the Code which, in his judgment, shall be desirable. SECTION V STORAGE ZONES FOR EXPLOSIVES AND BLASTING AGENTS. In accordance with the provisions of Section 12.5b of the Fire Prevention Code, the storage of explosives and blasting agents is allowed in M2 Zones, as established by Chapter 8.10 of the Municipal Code of Iowa City, Iowa and is prohibited in.all other zoning districts. SECTION VI STORAGE ZONES FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS.' A. In accordance with the provisions of Section 16.22a of the Fire Prevention Code, the storage of Class I liquids in outside above- ground tanks is allowed in the following zones: CH, C2,M1, IP, and M2; as established by Chapter 8.10 of the Municipal Code of Iowa City, Iowa. Said storage is prohibited'in all other zoning districts. B. In accordance with the provisions of Section 16.61 of the Fire Prevention Code, new bulk plants for flammable or combustible liquids shall be constructed in M2 zones, as established by Chapter 8.10 of the Municipal Code of Iowa City, Iowa and in no other zoning district. Ordinance No. 72-96M`I' Page 3 , SECTION VII STORAGE''ZONES FOR LIQUEFIED PETROLEUM GASES. I I I 1 „ 1 'i I , , '' ' , 1, , , , '- In accordance with the provisions of Section 21.6a of the Fire Prevention Code, bulk storage of liquefied petroleum gas is allowed in M2 zones, as established by Chapter 8.10 of the Municipal Code of Iowa City, Iowa and is prohibited in all other.zoning districts. SECTION VIII NEW MATERIALS, PROCESSES, OR OCCUPANCIES. The Building Inspector, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention shall act as a Committee to determine and specify, -after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits in addition to those now enumerated in said Code. The Chief of the Bureau of Fire Prevention shall post such list in a con- spicuous place in his office and distribute copies thereof to in- terested persons, SECTION IX AMENDMENT. The Fire Prevention Code is hereby amended and changed in the following respects: A. Article 13 of the Fire Prevention Code is hereby excluded and not adopted as a portion of said Fire Prevention Code for the City of Iowa City, Iowa, B. Article 24 of the Fire Prevention Code is hereby excluded and not adopted as a portion of said Fire Prevention Code for the City of Iowa City, Iowa. C. Section 28.1b is hereby amended by deleting said Section and substituting in lieu therefor, the following: Section 28.1b LOCATION RESTRICTED. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless (1) the loca- tion is not less than 20 feet from'any structure and adequate pro- vision is made to prevent fire from spreading to within 20 feet of any structure or (2) the fire is contained in an approved waste burner located safely not less than 15 feet from any structure. SECTION X MODIFICATIONS. The Chief of the Bureau of Fire Preven- tion shall have the power to modify any of the provisions of the Fire I I ' Prevention Code upon application in writing by the owner or lessee I , 1 1: , , Ordinance No. 72-26M Page 4 or his duly authorized agent when there are practical difficulties in carrying out the strict -letter of,the Code, provided that the spirit of the Code,shall,be observed, public -safety secured, and, substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant. SECTION XI APPEALS. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Code do not apply or that the true, inteni;and. meaning of the Code have been mis- construed or wrongly,interpreted, the applicant may appeal from the decision of the Chief of the Fire Department t,o-the Board of Adjust- ment of Iowa City, Iowa, within thirty (30) days from the date of the decision. The Board of Adjustment, of Iowa City, Iowa is hereby designated the Appeal. Board,under the Fire Prevention Code, SECTION XII MINIMUM REQUIREMENTS. The provisions of this Code shall be held to be the minimum requirements, adopted for the protec- tion of the health, safety, and welfare of the citizens of the,.City of Iowa City, Iowa. Nothing herein contained shall be deemed to in- validate 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 XIII PENALTIES.- Any person who shall violate any of the provisions of the Fire Prevention Code hereby adopted or the modi- fications of this Ordinance or who shall violate or fail to comply with any order made hereunder or who shall build in violation of any detail or statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Board of Adjustment or by a Court of competent jurisdiction within the time fixed'herein, shall • •. •�I, I I � � � I I IIII' � I I 1 I ( I Ordinance No. 72-26U Page 5 be guilty of a misdemeanor and shall be punished by a fine not ex- ceeding $100.00 or by imprisonment not exceeding 30 days. SECTION XIV RECITATION CLAUSE. A. That copies of the Fire Prevention Code and the adopting Ordinance setting forth the additions, limitations, and modifications thereto are available.for inspection and sale at the Office of the City Clerk. B. That copies of the Fire Prevention Code and the adopting Ordinance setting forth the additions, limitations, and modifica- tions thereto will be furnished to the State Law Library, the Muni- cipal Library, all newspapers of general circulation published in Iowa City, Iowa, and all commercial radio stations located in Iowa City, Iowa. SECTION XV REPEALER Chapter 3.07 of the Municipal Code of Iowa City, Iowa and Ordinance No. 2461 of the Ordinances of the City of Iowa City, Iowa and all ordinances or parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION XVI SAVINGS CLAUSE. In the event any section, pro- vision, or part of the Fire Prevention Code or this Ordinance shall be adjudged by any Court of competent jurisdiction to be,invalid or unconstitutional, such adjudication shall not affect the validity of the Code or the Ordinance adopting same as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION XVYI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. It was moven by Hickerson and seconded by antra I i l'I i( I IA I' I I I' ' I that the Qrdinance as read be adopted, and upon roll call there were: I I II] I I It[ .I,.,. -ti AYES: NAYS: ABSENT: x (, . �. I Brandt Connell I Czarnecki �Iic�Cerson I I I I White Ordinance No. 72-262 gage '6 �`AYUle flLj{ Attest: ity Uierk 1st Reading y- L/ - T -Z) 2nd Reading -IS-7z 3rd Reading_y� Passed and approved this 2 day of May' ,A.D., 1972. d N 0 ORDIP E N0. 2625 AN ORDINANCE AMENDING ZONING OR:•-\ANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A TO ?LB ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property des:ribed below is hereby reclassified from its present classification of RlA and the boundaries of RIB as indicated upon the Zoning Map of the City of Iowa City, Iowa; shall be enlarged to include the follow- ing property, to -wit: Beginning at the S.W. corner Outlot 1 Village Green Addition to the City of Iowa City,'owa; thence S 0039' W 245 feet along the West line S.E. k Sec. 1-79-6; thence S 89021' E 414 feet; thence N 60024' E 601; thence S 71054' E 83.2 feet; N 46048' E 185.9 feet; thence N 85002' E. 312.3 feet, thence N 89016'30" E 315.4 feet; thence N 0046'30" E 568.4 feet; thence N 41021130" W 198.6 feet; thence southwesterly along a 2070 foot radius curve concave southeasterly whose 697.1 foot chord bears S 67053' W; thence southwesterly aln7k a 450.6 foot radius curve concave southeasterly whose 215.5 fent chord bears S 44009' W; thence southerly along a 150.13 fo,,L radius curve concave easterly whose 72.0 foot chord bears S 16012' W; thence southerly along a 500.12 foot radius curve concave easterly,•whose 153.3 foot chord bears a S 5038' E; thence S 75032' W 60 feet; thence N 89021' W 90 feet; thence N 0039' E 20 feet; thence N 89021' W 230 feet to the point of beginning, containing 15.45 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 White and seconded by Czarnecki that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell Czarnecki x Hickerson x White x x Passed and approved this 6 day of June 19 72. Mayor ATTEST; J City Clerk First Reading7 ✓, Second Reading o . Third Reading 6 To. ORDINANCE NO. 262.6 AN ORDINANCE ESTABLISHING A PLANNED AREA DEVELOPMENT IN IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The Purpose of this Ordinance is to approve a planned area development in the City of Iowa City, Iowa, pursuant to Ordinance No. 2446. SECTION H APPROVAL The following described property, to -wit: Commencing on the West line SE y of Section 13, 'Township '19 North, Range 6'West of the 5th P. M. 1505 feet South of center of said Section 13; South '89°21' East 414.00 feet; North 60°24' East 60.00 feet to the point of beginning; South 71°54' East 83.20 feet; North 46°48' East 185.90 feet; North 85°02' East 312.30 feet; North 89°16'30" East 315.40 feet; North 0046130"East 290.00 feet; South 49°16' West 130. 00 feat; South 79 °24'30!' .West 130.'00ueet; North 40°47' West 515. 00 feet; South- westerly along a 2070 foot radius curve concave Southeasterly whose 242.28 foot chord bears South 61°451 West; Southwesterly along a 450.6 foot radius curve concave Southeasterly whose 215.5 foot chord bears South 44° 091 West; Southerly along a 150. 13 foot radius curve concave East- erly whose 72.0 foot chord bears South 16°12' West; Southerly along a 500.12 foot radius curve concave Easterly whose 153. 3 foot chord bears South 5°38' East; Southeasterly along a 860foot radius curve concave Northeasterly whose 229. 60 foot chord bears South 24°05''' East to the point of begi"g;` containing 7. 25 acres more or less. is hereby approved as a planned area development in the City of Iowa City, Iowa, to be developed as set forth in the plans for said area filed in the Office of the City Clerk of Iowa City, Iowa, on the 24 _ day of February , 1972. SECTION III BUILDING PERMITS This Building Inspector is hereby authorized and directed to issue all building and construction permits for said area on the basis of conformance with said plan. SECTION IV FILING The City Clerk of Iowa City is hereby authorized and directed to file with the Office of the County Recorder, Johnson County, Iowa a copy of this Ordinance after its final passage, approval and publication as pro ,r vided by law. SECTION V EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication as required by law: CITY OF IOWA CITY, IOWA Mayor r Attest: Clerk of Iowa City, Iowa It was moved by White and seconded by Hickerson that the Ordinance be adopted, and upon roll call: AYE: Brandt, Czarnecki, Hickerson, White. `7p (�ABSENT: Connell --�P•assed this 6th day of June, 1972. ORDINANCE NO. 2627 AN ORDINANCE VACATING A PORTION OF RONALDS STREET. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the street in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: All that portion of Ronalds Street west of the west line of Dubuque Street in Iowa City, Iowa. Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by Hickerson and seconded by White that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x white x Passed and approved this 6 day of June , 1972.. ii% ATTEST:- ',� City Clerk First Reading z 77, Second Reading -T-1161k7-7- '? 0 Third Reading l,, 1 r.- l7 z i.v. ORDINANCE NO. 2628 AN ORDINANCE REGULATING THE USE OF THE IOWA RIVER AND THE OPERATION AND EQUIPMENT OF VESSELS THERE- ON; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AND PROMOTING THE SAFETY OF PERSONS AND PROPERTY THEREON. 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 use of the Iowa River within the corporate limits of Iowa City, Iowa, and the operation and equipment of vessels thereon; to provide penalties for violations thereof; and to promote the safety of persons and property thereon. SECTION II DEFINITIONS. The following definitions shall apply to this Ordinance: A. "Authorized emergency vessel" means any vessel which is designated or authorized by the state conservation commi- ssion for use in law enforcement, search and rescue, and dis- aster work. B. "City" means the City of Iowa City, Iowa. C. "City Manager" means the City Manager of the City of Iowa City, Iowa. D. "Commission" means state conservation commission. E. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of pro- pulsion, or vessel propelled attached to another craft which is propelled by machinery. F. "Operate" means to navigate or otherwise use a vessel or motorboat. G. "Owner" means a person, other than a lien holder, having the property right in or title to a motorboat or vessel. The term includes a person entitled to the use or possession of a vessel or motorboat subject to an interest in another person, reserved or created by agreement and securing payment or per- formance of an obligation, but the term excludes a lessee under a lease not intended as security. H. "Person" means an individual, partnership, firm, corporation or association. I. "Police Department" means the Police Department of the City of Iowa City, Iowa. J. "Watercraft" means any vessel which through the buoy- ance force of water floats upon the water and is capable of carrying one or more persons. SECTION III COLLISIONS. ACCIDENTS, AND CASUALTIES. A. The operator of a vessel involved in a collision, accident or other casualty shall, so far as possible without serious danger to his own vessel, crew or passengers, render to other persons affected by the collision, accident or casu- alty, such assistance as may be practicable and necessary -2- Ordinance No. 2628 to save them from or minimize any danger caused by the colli- sion, accident, or other casualty. He shall also give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty. B. Whenever any vessel is involved in a collision, acci- dent or casualty which results in loss of life, injury requir- ing medical attention, or property damage in excess of one hundred dollars, the operator of such vessel shall file with the Police Department a report of the occurrence, which report shall contain such information as the City may, by regulation, require. Said report shall be submitted within forty-eight hours in death cases and within five days in other cases. C. Every law enforcement officer, who, in the regular course of duty, investigates an occurrence which is required to be reported by this section, shall, after completing such investigation, forward a report of such occurrence to the Police Department. SECTION IV CLASSIFICATION AND REQUIRED EQUIPMENT. A. Vessels subject to the provisions of this ordinance shall be divided into four classes as follows: Class I. Less than sixteen feet in length. Class II. Sixteen feet or over and less than twenty- six feet in length. Class III. Twenty-six feet or over and less than forty feet in length. Class IV. Forty feet or over. B. Every vessel, in all weathers, from sunset to sunrise, shall carry and exhibit the following lights when under way, and during such time shall exhibit no other lights which may be mistaken for those required. 1. Every motorboat of classes I and II shall carry the following lights: (a) A bright white light aft to show all around the horizon. (b) A combined lantern in the fore part of the vessel and lower than the white light aft showing green to the starboard and red to port, so fixed as to throw the light from right ahead to two points a- baft the beam on their respective sides. 2. Every motorboat of classes III and IV shall carry the following lights: (a) A bright white light in the fore part of the vessel as near the bow as practicable, so constructed as to show an unbroken light over an arc of the hori- zon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel; namely, from right ahead to two points abaft the beam on either side. (b) A bright white light aft to show all around the horizon and higher than the white light foward . (c) A green light on the starboard side so con- structed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points a- baft the beam on the starboard side. A red light on the port side, so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The said side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow. -3 - Ordinance No. 2628 3. Vessels of classes I and II, when propelled by sail alone, shall carry the combined lantern, but not the white light aft prescribed by this section. Vessels of classes III and IV when so propelled, shall carry the colored side lights, suitably screened, but not the white lights required by this section. 4. Vessels of all classes, other than motorboats and sailboats, shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision. 5. Every white light required by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light required by this section shall be of such character as to be visible at a distance of at least one mile. The term "visible" in this section, whan applied to lights, shall mean visible on a dark night with clear atmosphere. 6. When propelled by sail and machinery, such motor- boat shall carry the lights required by this section for a motorboat propelled by machinery only. C. Every vessel shall carry and exhibit such other lights required by the rules and regulations of the commission. D. Every motorboat of class II, III or IV shall be pro- vided with an efficient whistle or other sound producing appliance. E. Every motorboat of class III or IV shall be provided with an efficient bell. F. Every vessel shall carry at least one life preserver, life belt, ring buoy or other device, of the sort prescribed by the regulations of the commission, for each person on board, so placed as to be readily accessible. G. Every motorboat shall be provided with such number, size and type of fire extinguishers capable of promptly and effectually extinguishing burning gasoline, as may be pre- scribed by the regulations of the commission. Such fire ex- tinguishers shall, at all times, be kept in condition for im- mediate and effective use and shall be so placed as to be readily accessible. Vessels powered by outboard motors of ten horsepower or less, need not carry the extinguishers as provided herein. H. The provisions of subsections D,E and G of this section shall not apply to motorboats while competing in any race conducted pursuant to section VIII or, if such boats are designed and used solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. The operator of a motorboat, while engaged in such race, must wear a crash helmet and life preserver. I. Every motorboat shall have the carburetor or carbur- etors of every engine therein, except outboard motors, using a liquid of volatile nature as fuel, equipped with such effi- cient flame arrestor, backfire trap or other similar device as may be prescribed by the rules and regulations of the commission. J. Every motorboat, except open boats, using any liquid of a volatile nature as fuel, shall be provided with such means as may be prescribed by the rules and regulations of the com- mission for properly and efficiently ventilating the bilges of the engines and fuel tank compartments so as to remove any explosive of inflammable gases. -4 - Ordinance No. 2678 SECTION V BOAT LIVERIES. A. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated for hire, the identification number thereof, the departure date and time and the expected time of return. The records shall be preserved for six months. B. The owner of a boat livery shall not permit any of his vessels, operated for hire, to depart from his premises unless it shall have been provided, either by the owner or renter with the equipment required by this ordinance. SECTION VI MUFFLING DEVICES. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cut-outs is pro- hibited, except for motorboats competing in a regatta or boat race approved as provided in section VIII and for such motorboats while on trial run during a period not to exceed forty-eight hours imme- diately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following such regatta or race. SECTION VII PROHIBITED OPERATION. A. No person shall operate any vessel in a careless, reckless, or negligent manner so as to endanger the life, limb, or property of any person. B. No person shall operate any vessel while intoxi- cated or under the influence of any narcotic drug, bar- biturate, or marijuana. C. No person shall place, cause to be placed, throw or deposit onto or in the Iowa River any cans, bottles, gar- bage, rubbish, or other debris. D. No person shall operate on the Iowa River any vessel displaying or reflecting a blue light or flashing blue light unless such vessel is an authorized emergency vessel. E. No person shall operate a vessel and enter into areas in which search and rescue operations are being con- ducted unless authorized by the officer in charge of the search and rescue operation. Any person authorized in an area of operation shall operate his vessel at a no wake speed and shall keep clear of all other vessels engaged in the search and rescue operation. F. No person shall operate any vessel towing persons on water skis, surfboards, or similar devices. G. No owner or operator of any vessel propelled by a motor of more than six horsepower shall permit any person under twelve years of age to operate such vessel except when accompanied by a responsible person of at least eighteen years of age who is experienced in motorboat operation. -S - Ordinance No. 2628 SECTION VIII REGATTAS, RACES, MARINE PARADES, TOIJRNA- S 0EXHIBITIONS. e ity anager may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on the Iowa River. If a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge there- of shall file an application with the City Manager for permission to hold such regatta motorboat or other boat race, marine parade, tournament or exhibition. The application shall set for the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or ex- hibition and it shall not be conducted without written authoriza- tion of the City Manager. SECTION IX OVERLOADING OF VESSELS. No person owning or operating a vessel shall permit said vessel to be occupied by more passengers and crew than the registration capacity permits. SECTION X RIGHT OF WAY RULES. Vessel traffic shall be governed by the following rules: A. Passing from rear - keep to the operator's left. B. Passing head on - keep to the operator's right. C. Passing at right angles - vessel at the right has the right of way. D. Manually propelled vessels have the right of way over all other vessels. E. Sailboats have the right of way over all motor driven vessels. Motorboats, when meeting or overtaking sail- boats, shall always pass on the leeward side. F. Any vessel backing from a landing has the right of way over incoming vessels. G. The commission is authorized to promulgate further rules and regulations governing vessel traffic. SECTION XI REGULATIONS FOR BUOYS. A. No private buoy shall be maintained. B. No other obstruction of any kind shall be main- tained without first receiving permission from the City Manager to maintain such obstruction. C. It shall be unlawful to tamper with, move or attempt to move any City -owned buoy. D. No boat shall be anchored away from the shore and left unguarded unless it is attached to a legal buoy. -6 - Ordinance No. 2628 SECTION XII DRIVING OVER ICE. No craft or vehicle opera- ting on the surface of ice on the Iowa River and propelled by machinery in whole or in part, except icecutting machinery, auto- mobiles, motorcycles and trucks when such are used without en- dangering public safety, shall be operated without a permit issued, by the City for such operation. Any such permit issued may be revoked by the commission if such craft or vehicle is operated in a careless manner as endangers others. rM SECTION XIII AUTHORIZED EMERGENCY VESSELS. Upon approach of an authorized emergency vessel displaying a blue light or flash- ing blue light, the operator of every other vessel shall stop and yield the right of way until the authorized vessel has passed. The provisions of this section shall not relieve the operator of an authorized emergency vessel from the duty to operate his vessel with due regard for the safety of all persons using the waters of the Iowa River, nor shall the provisions relieve the operator of any such vessel from liability from his negligence. SECTION XIV PENALTY. Any person violating any of the pro- visions of this Ordinance, for which another penalty is not other- wise specifically provided, shall, upon conviction or a plea of guilty, be fined not to exceed one hundred dollars or be im- prisoned not to exceed thirty days. SECTION XV SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged invalid or unconstitu- tional, 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 XVI EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as required by law. It was moved by Hickerson and seconded by White that the Ordinance as read be adopted, and upon roll call there were: -7 - Ordinance No. 2628 AYES: NAYS: ABSENT: x x Attest: City Clerk ZI 1st Reading 6- L 72 7'0. 2nd Reading —6-6- 7A 7'e, 3rd Reading e;- ('-- *7:2, %cv Passed and approved this 6 day of Brandt Connell Czarnecki Hickerson White June , A.D. , 19 72 . 5� ORDINANCE NO. 2629 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA BY ADOPTING THE 1970 EDITION OF THE UNIFORM BUILDING CODE, VOLUME II UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS THERETO; REPEALING CHAPTER 9.11 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA; AND PROVIDING FOR THE ENFORCEMENT THEREOF AND PENALTIES FOR THE VIOLATIONS 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 adopt the 1970 Edition of the Uniform Building Code Volume II Uniform Mechanical Code as prepared and edited by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; and to provide for the en- forcement thereof and penalties for the violation thereof. Section II ADOPTION. That except as hereinafter limited or amended the 1970 Edition of the Uniform Building Code, Volume II Uniform Mechani- cal Code as prepared and edited by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials is hereby adopted and the provisions of said Code shall be controlling as to the erection, installation, alteration, re- pair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, comfort cooling, refrigeration system, inciner- ators, or other miscellaneous heat producing appliances. Section III AMENDMENTS. The Uniform Mechanical Code is hereby amended and changed in the following respects: A. Section 202 of the Uniform Mechanical Code is hereby excluded and not adopted as a portion of said Uniform Mechanical Code for the City of Iowa City. B. Section 508 is hereby amended by deleting from the last line of paragraph 2, the number eighteen (18) and substituting in lieu thereof the number forty-eight (48). C. Section 601(d) is hereby amended by deleting the first para- graph and substituting in lieu thereof the following: Insufficient Space -Gas and Liquid. Except as otherwise pro- vided for in this Chapter, rooms or spaces that do not have the volume as specified in Subsection (b) of this Section in which a gas or liquid fuel -burning appliance or appliances are installed shall be provided with minimum unobstructed combustion air openings equal to that set forth in Section 607 and as specified in Section 603 of this Code. Ordinance No. 2629 Page 2 D. Section 913(b)6 is hereby amended by deleting from the second and third lines the number six (6) and substituting in lieu thereof the number twenty-four (24). E. Section 1005 is hereby amended by adding the following to the last paragraph thereof: Insulation on the exterior of any duct shall comply with Table 10-D. F. Section 1008(1) is hereby amended by adding the following thereto: When used for heating only and not including comfort cooling. G. Section 2211(f) is hereby excluded and not adopted as a portion of said Uniform Mechanical Code for the City of Iowa City, Iowa. Section IV VIOLATIONS. A. NOTICES. 1. Whenever the building official is satisfied that a building or structure or any work in connection therewith, the erection, construc- tion, alteration, execution, or repair of which is regulated, permitted, or forbidden by this Ordinance is being erected, constructed, altered, or repaired in violation of the provisions or requirements of this Ordinance or in violation of a detailed statement or of a plan submitted and approved thereunder or of a permit or certificate issued thereunder, he may serve a written notice or order upon the person responsible therefore directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this Ordinance. 2. In case such notice or order is not promptly complied with, the building official may request the City Attorney to institute an appro- priate action or proceeding at law or in equity to restrain, correct, or remove such violation or the execution of work thereon or to restrain or correct the erection or 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 pro- visions of this Ordinance 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 or requirement of this Ordinance, the continuance of a building operation is contrary to Ordinance No. 2629 Page 3 public welfare, he may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition in violation has been remedied. C. PENALTIES. 1. A person who shall violate a provision of this Ordinance or fail to comply therewith or with any of the requirements thereof or who shall erect, construct, alter, or repair or has erected, construc- ted, altered, or repaired a building or structure in violation of a de- tailed statement or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding $100.00 or imprisonment not exceeding 30 days. 2. The owner of a building, structure, or premises where any- thing in violation of this Ordinance shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith, and any who may have assisted in the commission of such violations shall each be guilty of a separate offense. D. ABATEMENT The imposition of penalties herein prescribed shall not pre- clude the City Attorney from instituting an appropriate action or pro- ceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use or to restrain, correct, or abate a violation or to prevent the occupancy of a building, structure, or premises. 4 Section V PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof, shall be punishable by a fine not exceeding $100.00 dollars or by imprisonment not exceeding 30 days. Section VI RECITATION CLAUSE. 1. Pursuant to notice published as provided by law, a public hearing was held on the 1970 Edition of the Uniform Building Code, Volume II Uniform Mechanical Code as prepared and edited by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials. 2. That the official copy of the Code as adopted and a copy of the adopting Ordinance, certified by the City Clerk as to the Ordi- nance's adoption and effective date are now on file in the Office of the City Clerk. Ordinance No. 2629 Pagc 4 3. That copies of the Uniform Mechanical Code and the adopting Ordinance setting forth the additions, limitations, and modifications thereto are available for inspection and sale at the Office of the City Clerk. 4. That copies of the Uniform Mechanical Code and the adopting Ordinance setting forth the additions, limitations and modifications thereto will be furnished to the State Law Library, the Municipal Li- brary, all newspapers of general circulation, published in Iowa City, Iowa, and all commercial radio stations located in Iowa City, Iowa. Section VII REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as is Chapter 9.11 of the Municipal Code of Iowa City, Iowa. Section VIII SAVINGS CLAUSE. In the event any Section, Provision, or part of the Uniform Mechanical Code or of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or un- constitutional, such adjudication shall not affect the validity of the Code or the Ordinance adopting same as a whole or any Section, Provision, or part thereof not adjudged invalid or unconstitutional. Section IX MINIMUM REQUIREMENTS. The provisions of this Code shall be held to be the minimum requirements adopted for the protection of health, welfare, and safety of the citizens 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 re- quirements 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 required by law. It was moved by Hickerson and seconded by Connell that the Ordinance as read by adopted, and upon roll call there were: AYES: NAYS: ABSENTS: X Brandt x Connell X Czarnecki x Hickerson x White Ordinance No -2629 Page 5 mnrycrrf ATTEST: a ` City Clerk Passed and approved this tot First Reading day of June ,A.D.,1972. 15-16-71-1) T0. Second Reading L 4 ].), 7 -.0 - Third n - Third Reading •,O 71 7'OO ORDINANCE NO. 72-2630 AN ORDINANCE ESTABLISHING A PROCEDURE WHEREBY THE PLANNING AND ZONING COMMISSION MAY MAKE RECOMMENDATIONS TO THE CITY COUNCIL OF IOWA CITY; AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA BY THE ADDITION OF SECTION 8.10.32D. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section I PURPOSE: The purpose of this ordinance is to provide for and establish a procedure whereby the Planning & Zoning Commission of Iowa City, Iowa may make recommendations to the City Council of Iowa City, Iowa. Section II AMENDMENT. The Municipal Code of Iowa City, Iowa is here- by amended by the adoption of Section 8.10.32D, which is as follows: Section 8.10.32D. The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes, or modifications to Chaper 8.10 of the Municipal Code of Iowa City, Iowa or the boundaries of zones or the rezoning of particular tracts. If the Commission makes a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hearing forthwith. Section III REPEALER. All ordinances or parts of ordinances in con- flict with the provisions of this Ordinance are hereby repealed. Section IV SAVINGS CLAUSE. If any section, subsection, sentence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such adjudication shall not affect the validity of this Ordinance as a whole or any section, subsections, provisions, sentence, clause, phrase, or part of this ordin- ance not adjudged invalid or unconstitutional. 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 Hickersorand seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell x Czarnecki x_ Hickerson x White Attest: City Clerk Passed and approved this 3 day of July , A. D., 1972. 1st Reading 6-6,-7-1 T.o 2nd Reading 6 -OJ. 7'z 'j.O. 3rd Reading 7- 3 -7z 7, d ORDIN NCE NO. 72-2631 AN ORDINANCE AMENDING ZONING OR INANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R3A to R3 Zone. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R3A and the boundaries of to R3 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: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet' thence North 80 feet to the place of beginning. Also an easement for right of way over the following des- cribed premises to -wit: Commencing at the Southeast Corner of the premises above described; thence east 50 feet; thence Northerly to the Northeast Corner of Lot 426, University Heights Third Subdivision, Johnson County, Iowa, thence West to the Northwest Corner of said Lot 426; thence Southerly along the East line of an extension of Olive Court to the point of begin- ning, the purpose of this easement being to permit the owners of the real estate first above described to have the right of egress and ingress from said premises to and from said Olive Court, said easement to be appurtenant to the premises first above described. The southwest quarter of the northeast quarter of the northwest quarter of Section 16, in Township 79 North, Range 6 West of the 5th P.M. All that part of the Southwest Quarter (SW'k) of the Northeast Quarter (NE'k) of the Northwest Quarter (NWk) of Section Sixteen (16) Township Seventy nine (79) North, Range Six (6) West of the 5th P.M. in Johnson County, Iowa, described as follows: Commencing at the Northeast corner of the Southwest Quarter (SW'k) of the Northeast Quarter (NE'k) of the Northwest Quarter (NWk) of said Section Sixteen (16); thence westerly along the North line of said Southwest Quarter (SW'k) of the Northeast Quarter (NE,) of the Northwest Quarter (NWk) of Section Sixteen (16), two hundred feet (200 ft.); thence South (included angle eighty-eight degrees, seventeen minutes) Sixty (60) feet; thence Easterly parallel to said North line two hundred feet (200ft.) to a point sixty (60) feet South of the point of beginning; thence northerly sixty (60) feet to the point of beginning, as shown by plat recorded in Plat Book 4, page 228, Records in the office of Johnson County recorder. together with a right of way across the remainder of the above described property owned by vendors, Vendors reserve the right if necessary, to cross the above described property with a sewer, said sewer construction however not to interfere with any buildings to be constructed by Vendees and this conveyance is made subject to recorded easements. Commencing at a point on the east line of the Extension of Olive Court as shown on plat recorded in plat Book 4, page 245, plat Records of Johnson County, Iowa, which point is 70 feet southerly along said east line from the north line of the SW'k of the NEk of the NWk of Section 16, Township 79 North, Range 6 West of the 5th P.M., thence easterly at right angles with said east line 200 feet to a point on the east line of said SW'k of NE'k of NWk 64 feet south of the northeast corner thereof, thence south along the east line of said SW'k of NE, of NWk 100 feet, thence westerly 200 feet to a point on the east line of said extension of Olive Court 100 feet south of the Place of beginning, thence northerly 100 feet along said east line of Extension of Olive Court to the place of beginning. Also an easement for right-of-way over the following described premises, to -wit: Commencing at the southwest corner of the premises heretofore des- cribed in this deed, thence west 50 feet, thence northerly to the southwest corner of,Lot 426 University Heights, Third Subdivision, Johnson County, Iowa, as per the recorded plat thereof, thence East to the Southeast corner of said lot 426, thence Southerly 170 feet along the East line of an extension of Olive Court, University Heights Third Subdivision to the point of beginning and also over and across said Lot 426 University Heights Third Subdivision, Johnson County, Iowa, for ingress and egress to the premises first above described to and from Olive Court in said University Heights Third Subdivision, Johnson County, Iowa, said easement to be appurtenant to the premises first described in this conveyance. The East 100 feet of the following described real estate, to -wit: Commencing at point on the east line of the Extension of Olive Court as shown on plat recorded in Plat Book 4, page 245, Plat Records of Johnson County, Iowa, which point is 70 feet southerly along said east line from the north line of the SWk of the NE'k of the NW's of Section 16, Town- ship 79 North, Range 6 West of the 5th P.M., thence easterly. 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 byH��c�son_ and seconded by White that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Connell X Czarnecki X Hickerson X White X Passed and approved this 3 day of Tiny 19�. is Mayor First Reading 1:) `, ATTEST: ( �;• / Second Reading_' 7 ' -u City Clerk Third Reading 7/ 3/ 7Z- TO ORDINANCE NO. 3632 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,000,000.00 PARKING FACILITIES REVENUE BONDS OF THE CITY OF IOWA 'CITY, IOWA, UNDER THE PROVISIONS OF CHAPTER 390 OF THE CODE OF IOWA, AS AMENDED, FOR THE PURPOSE OF DEFRAY- ING THE COST OF ACQUIRING ADDITIONAL OFF- STREET MOTOR VEHICLE PARKING FACILITIES IN AND FOR SAID CITY WHEREAS the City of Iowa City, in Johnson County, Iowa, has heretofore established a system of public motor vehicle parking facilities in said City consisting of both on -street parking meters and off-street parking facilities and has established regulations for the use and operation thereof in order to properly regulate and control traffic upon the congested streets within said City; and WHEREAS the increased use by the public of motor vehicles, has caused serious traffic congestion in the streets of the business sections of said City, thus pre- venting the free circulation of traffic in, through and from said City, impeding the rapid and effective handling of fires and operation of police forces, and endangering the health, safety and welfare of the general public, and it has been heretofore found and determined, following a public hearing conducted in the manner and as authorized and provided in Section 390.1 of the Code of Iowa, 1971, as amended, that public convenience and necessity will be served by adding to, extending and improving said system of public motor vehicle parking facilities by acquiring and constructing thereon a multi -story municipal parking facility for off-street parking on the following described property: -4- AIILERS. GOONEY. DORWEILER. ALLSEE & I!AYNIE. LAWYERS. DES MOINES. IOWA Beginning at the southeast corner of Block 64, Original Town of Iowa City, Johnson County, Iowa; thence north along the east line of said Block 64 to a point that is .14.5 feet north of the north line of said Block 64; thence west along a line parallel to and 14.5 feet north of the north line of Block 64, a distance of 190 feet; thence south along a line parallel to and 190 feet west of the east line of said Block 64 to the south line of said Block 64; thence east along the south line of said Block 64 to the point of beginning (Said Block 64 being bounded on the north by College Street, on the west by Dubuque Street, on the south by Burlington Street and on the east by Linn Street). WHEREAS traffic conditions upon the streets of said City are such as to necessitate and require for the public benefit, safety and convenience of said City and its inhabitants that said parking facility be acquired, constructed, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said City be alleviated and properly controlled; and WHEREAS the cost of acquiring said additional public motor vehicle parking facilities has been estimated to be $2,083,000.00, of which $83,300.00 is to be paid from cash on hand, and as authorized under the provisions of Section 390.9 of the Code of Iowa, 1971, it is necessary that revenue bonds of said City be issued in the amount of $2,000,000.00 to pay the balance of such cost; and WHEREAS a notice of the intention of the Council of said City to take action for the issuance of $2,000,000.00 Parking Facilities Revenue Bonds of said City has heretofore been given in the manner and form required by Section 23.12 of the Code of Iowa and no petition nor protest has been filed; and WHEREAS it is the desire and intent that the provision be made in and by this ordinance for the issuance of such -5- AHLERS. C07NEr. DORWEILER. ALLBEE h I-IAYNIE• LAWYERS. DES MOINES. IOWA revenue bonds for the purpose aforesaid and to set forth herein the terms and conditions upon which said revenue bonds and any additional revenue bonds ranking on a parity therewith are to be and may be issued and outstanding, to set forth the covenants and undertakings of the City with respect to the operation and maintenance of the said system of public motor vehicle parking facilities and to restrict the rights of the holders of said revenue bonds from time to time outstanding in the source of payment of the interest on and principal of said revenue bonds and in the enforcement thereof; and WHEREAS, the City of Iowa City, Iowa, pursuant to its Ordinance No. 2537, adopted or. October 21, 1969, heretofore issued $300,000.00 of Parking Facilities Revenue Bonds, dated October 1, 1969, of which $120,000.00 of said bonds are still outstanding and unpaid, and are payable from the net revenues of the municipal system of public motor vehicle parking facilities, which bonds are hereinafter sometimes referred to as the "1969 Bonds". The City will cause said bonds to be paid or due and sufficient provision for payment of said bonds to be made prior to the issuance of the bonds authorized hereunder. WHEREAS, there are no other bonds or other obligations now outstanding which are payable from the net earnings of the municipal system of public motor vehicle parking facilities: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: Q� AHLERS. COONCY. OORWEILER. ALLSEE 6 HAYNIE. LAWYERS. DES MOINES. IOWA Section 1. That for the purpose of defraying the cost of acquiring additional public motor vehicle parking facilities in and for the City of Iowa City, Iowa, and as referred to in the preamble hereof, there be and there are hereby authorized to be issued the negotiable interest bearing revenue bonds (f said City of Iowa City, in the principal amount of $$2,000,000.00, each of which shall be known and designated as a "Parking Facilities Revenue Bond, Series 1972", bearing date of August 1 , 1972, numbered 1 to 400 , inclusive, of the denomination of $5,000.00 each. The bonds of said issue shall bear interest at the rate of seven per cent (7%) per annum or at such lower rate as may be determined at the time of the public sale of said bonds, such interest to be payable January 1, 1973, and semiannually thereafter on the first days of July and January in each year. Said bonds shall mature in numerical order on January 1, of the respective tears as follows: Bond No. Amount Maturity Date 1 to 6, both incl. $ 30,000.00 January 1, 1974 7 to 13, It to$ 35,000.00 January 1, 1975 14 to 20, 1" $ 35,000.00 January 1, 1976 21 to 28, to I$ 40,000.00 January 1, 1977 29 to 36, to11 $ 40,000.00 January 1, 1978 37 to 45, $ 45,000.00 January 1, 1979 46 to 55, $ 50,000.00 January 1, 1980 56 to 65, $ 50,000.00 January 1, 1981 66 to 76, $ 55,000.00 January 1, 1982 77 to 88, $ 60,000.00 January 1, 1983 89 to 101, $ 65,000.00 January 1, 1984 102 to 115, $ 70,000.00 January 1, 1985 116 to 130, $ 75,000.00 January 1, 1986 131 to 146, $ 80,000.00 January 1, 1987 147 to 163, $ 85,000.00 January 1, 1988 164 to 181, $ 90,000.00 January 1, 1989 182 to 200, $ 95,000.00 January 1, 1990 201 to 220, $100,000.00 January 1, 1991 221 to 240, $100,000.00 January 1, 1992 241 to 265, $125,000.00 January 1, 1993 266 to 290, $125,000.00 January 1, 1994 291 to 315, $125,000.00 January 1, 1995 316 to 340, $125,000.00 January 1, 1996 341 to 370, $150,000.00 January 1, 1997 371 to 400, $150,000.00 January 1, 1998 -7- AhLERS, GOONEY. DORWEILER. ALLSEE A NAYNIE, LAWYERS, DEB MOINES. IOWA Provided, however, that the bonds of said issue numbered 89 to 400, inclusive, maturing on and after January 1, 1984, shall be redeemable in whole, or from time to time in part in inverse order of maturity, by said City, from revenues of the system only, prior to maturity on any interest payment date on or after January 1, 1983, on terms of par and accrued interest to the date of redemption. If less than the total amount of any annual maturity is to be called for redemption prior to maturity, the bonds to be redeemed from that maturity shall be selected by lot. Bonds of said issue numbered 266 to 400, inclusive, maturing on and after January 1, 1994, shall be redeemable in whole only from any funds regardless of source prior to maturity on any date on or after January 1, 1993, on terms of par and accrued interest plus additional interest of two percent (28) of the principal amount of the bonds so redeemed; provided that no bond shall bear interest at a rate exceeding seven per cent per annum computed from the date of said bond or the date of delivery thereof to the earliest redemption date of January 1, 1993. In the event any of said bonds are called for redemption prior to maturity as aforesaid notice of such redemption, identifying the bond or bonds to be redeemed, shall be published at least once not less than thirty (30) days prior to the redemption date in the Bond Buyer,or if it ceases publication in a financial newspaper or journal published in the City of Chicago. In the event any of said bonds are called for redemption on any date other than an interest payment date, an additional publication of such notice shall be made not more than thirty (30) -8- AHLERS. COONEY. DORWEILEH. ALLSFE & HAYNIE, LAWYERS. DES MOINES. IOWA days nor less than fifteen (15) days prior to the redemption date. Such of said bonds as may be thus called for redemption and for the payment of which funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. Said bonds are herein sometimes referred to as the "Series 1972 Bonds." Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Iowa City, Iowa. All of said bonds and the interest thereon, together with any additional bonds ranking on a parity therewith that may be issued and outstanding under the conditions and restrictions hereinafter set forth, shall be payable solely from the bond and interest redemption sinking fund hereinafter created, and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxation, but said bonds together with such additional bonds as may be issued on a parity therewith shall be payable, both as to principal. and interest, solely and only from the future net revenues of said improved system of public motor vehicle parking facilities pledged therefor as hereinafter provided, and under no circumstances shall said City be in any manner liable by reason of the failure of said net revenues to be sufficient for the payment of said bonds and interest thereon. ANLEERS. GOONEY. DORWEILER, ALLBEE 9 HAYNIE. LAWYERS, DES MOINES, IOWA Section 2. That said bonds and coupons shall be in substantially the following form: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY PARKING FACILITIES REVENUE BOND, SERIES 1972 No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, in the County of Johnson and State of Iowa, for value received, promises to pay to bearer, or if this bond be registered as hereinafter provided then to the registered holder hereof, solely from the source hereinafter specified, the sum of FIVE THOUSAND DOLLARS ($5,000.00) on the first day of January, l9 , and to pay interest on said sum from the date hereof at the rate of _mer cent ( %) per annum, payable January 1, 1973 , and semiannually thereafter on the first days of July and January in each year until said principal sum is paid, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto attached as they severally become due; both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Iowa City, Iowa. -10- AHLERS. GOONEY. DORWEILER, ALLBEE s HAYNIE. LAWYERS. DES MOINES. IOWA This bond is one of a series of bonds numbered con- secutively from 1 to 400, inclusive, issued by said City pursuant to the provisions of Chapter 390 of the Code of Iowa, 1971, and all other laws amendatory thereof and supplemental thereto, and in conformity with an ordinance of the City Council of said City duly and finally passed on the day of , 1972, and published as required by law, for the purpose of defraying the cost of acquiring additional public motor vehicle parking facilities in and for said City, and is not a general obligation of said City, but this bond and the series of which it forms a part, together with any additional bonds that may be issued and outstanding from time to time ranking on a parity therewith under the conditions and restrictions set forth in Section 15 of said ordinance authorizing said bonds, of which notice is hereby given, are payable as to both principal and interest solely and only out of future net revenues of the system of public motor vehicle parking facilities a sufficient portion of which are required by said ordinance to be deposited in a special fund designated as the "PARKING FACILITIES REVENUE BOND SINKING FUND" and which are pledged for that purpose. This bond is not a general obligation of said City nor payable in any manner by taxation, nor shall the City of Iowa City be in any manner liable by reason of said special fund being insufficient for the payment of this bond and the interest hereof. -11- ANLERS. COONEY. DORWEILER. ALLREE 6 NAYWE. LAWYERS. DEE MOINES. IOWA The City of Iowa City, Iowa, reserves the right to call and redeem bonds of this issue numbered 89 to 400, inclusive, maturing on and after January 1, 1984, in whole, or from time to time in part in inverse order of maturity, from revenues of the system of parking facilities only prior to maturity on any interest payment date on or after January 1, 1983, on terms of par and accrued interest to the date of redemption, but if less than the total amount of any annual maturity is called for redemption prior to maturity, the bonds to be redeemed from that maturity shall. be selected by lot. The City further reserves the right to call and redeem bonds of this issue numbered 266 to 400, inclusive, maturing on and after January 1, 1994, in whole only from any funds regardless of source prior to maturity on any date on or after January 1, 1993, on terms of par and accrued interest plus additional interest of two percent (2%) of the principal amount of the bonds so redeemed; provided that no bond shall bear interest at a rate exceeding seven per cent per annum computed from the date of said bond or the date of delivery thereof to the earliest redemption date of January 1, 1993. In the event any of said bonds are called for redemption prior to maturity as aforesaid, notice thereof, identifying the bond or bonds to be redeemed, will be published at least once not less than thirty (30) days prior to the redemption date in the Bond Buyer, or if it ceases publication, in a financial newspaper or journal published in the City of Chicago. In the event said bonds are called for redemption on any date other than an interest payment date, an additional -12-- ANLERS. COONFY, DORW EILER. ALLSEE & HAYNIE. LAWYERS. DES MOINES. IOWA publication of such notice will be made not more than thirty (30) days nor less than fifteen (15) days prior to the redemption date. Such of said bonds as may be thus called for redemption and for the payment of which funds are duly provided shall cease to bear interest from and after the date as of which they are called for redemption. This revenue bond and the appurtenant interest coupons are payable to bearer but this bond may be registered as to principal only in the name of the holder on the books of said City of Iowa City in the office of its City Treasurer, and such registration will be evidenced by notation on the back hereof to that effect by said City Treasurer as Registrar after which no transfer hereof shall be valid unless made on said books and similarly noted hereon, but such registration may be discharged by registered transfer to bearer after which this revenue bond shall be again payable to bearer. AFor a more complete statement of the basis upon which this revenue bond has been issued and additional revenue bonds ranking on a parity therewith may be issued and outstanding, and a description of the source of payment of all such revenue bonds, and the circumstances under which the provisions of the aforesaid ordinance may be modified and a statement of the rights, duties and obligations of said City of Iowa City and the rights of the holders of the revenue bonds, reference is made to said ordinance. -13- ANLFRS. COONEY. DORWEILER. ALLREE & PAYNIE. LAWYERS. DES MOINES. IOWA And it is hereby certified, recited and declared, that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part, have existed, have happened and have been performed in due time, form and manner, as required by law, and that the issuance of this bond does not exceed or violate any constitutional or statutory limitation or provision. IN WITNESS WHEREOF, said City of Iowa City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of the said City Clerk, which official by the execution of this bond, does adopt as and for his own proper signature his facsimile signature appearing on said coupons this first day of August , 1972. ATTEST: No. City Clerk Mayor (FORM OF COUPON) On , 19 , the City of Iowa City, Iowa, will pay to bearer out of its Parking Facilities Revenue Bonds Sinking Fund Dollars ($ ) at the office of the City Treasurer, Iowa City, Iowa, as provided in and for interest then due on its Parking Facilities Revenue Bonds, Series 1972, dated August 1, 1972, Numbered City Clerk -14- AHLERS, COONEY• DORWEILER. ALLBEE 8 HAYNIE, LAWYERS. DES MOINES, IOWA As to the coupons maturing subsequent to January 1, 1983, on bonds numbered 89 to 400, inclusive, there shall be added to the form of coupon hereinbefore set out the following words: "unless said bond shall have been sooner called for payment." On the back of each bond ''.here shall be printed the certificate of the City Treasurer in the following form: The issuance of this bond has been duly and properly recorded in my office as of the first day of , 1972. Treasurer of the City of Iowa City, Iowa There shall also be printed on the back of each bond provisions in the following form for evidencing its registra- tion as to principal: REGISTRATION OF OWNERSHIP Date of Signature of Registration In Whose Name Registered City Treasurer Section 3. That said -revenue bonds shall be registrable as to principal in accordance with the provisions for registra- tion hereinabove provided, and the City Treasurer is hereby appointed and designated Registrar for such purpose. No charge shall be made to any holder of said bonds for the privilege of registration or transfer thereof. -15- AHLERS, GOONEY. DORWEILER, ALLSEE & PAYN;E. LAWYERS. DES MOINES. IOWA Section 4. That said bonds shall be: signed by the Mayor and attested by the City Clerk, with the seal of the City affixed and the interest coupons attached thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signature his facsimile signature appearing on such coupons. When and as executed, said bonds shall be delivered to the City Treasurer to be by him duly recorded as to issuance and said Treasurer shall sign the certificate hereinbefore set out in Section 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser thereof upon payment of the purchase price, same to be not less than par and accrued interest. Section 5. The proceeds of the bonds hereby authorized shall be deposited in a Construction Fund, which is hereby ordered created, and shall be applied in paying the cost of acquiring the additional public motor vehicle parking facilities as hereinbefore described and expenses incident thereto, provided, that all sums received as accrued interest in the issuance and sale of the bonds shall be paid into the Parking Facilities Revenue Fronds Sinking Fund hereinafter created. Pending expenditure for said authorized purpose the balance of the proceeds of the bonds shall be deposited in a bank or banks and each such deposit to the extent it causes the aggregate deposits by said City in any such bank to be in excess of the amount insured by the Federal Deposit Insurance Corporation shall be collaterally secured by direct obligations or guaranteed bonds of the United States of America having a market value equivalent -16- AHLERS. GOONEY. DOP.WEN.ER, ALLSEE R HAYNIE. LAWYERH. DEB MO!NES. IOWA to such deposit. In the event that any part of the cost of said facilities will be paid from accumulated revenues, disbursements of said revenues for the cost of construction work and materials shall be made on orders of the City Council only as and when approved by the engineer supervising such construction. Any balance of the proceeds of the bonds remaining after the completion of the acquisition of said additional parking facilities shall be deposited in the Bond Reserve Fund. Section 6. That upon the issuance of the bonds hereby authorized and thereafter so long as any of said bonds or any additional bonds ranking on a parity therewith are outstanding the system of public motor vehicle parking facilities of said City, together with all future extensions and additions thereto, and consisting of both on -street parking meters and off-street parking facilities shall continue to be operated as a revenue producing undertaking. The rates charged by said City for the use of and services furnished by said parking system shall be such reasonable rates as will be sufficient to pay for the operation and maintenance thereof and to create and maintain the Parking Facilities Revenue Bonds Sinking Fund, the Bond Reserve Fund and the Renewal and Improvement Fund in the amounts as hereinafter provided. From and after the issuance of the bonds hereby authorized the income and revenues from the off-street parking facilities of said system, including rentals from the lease of any property constituting a part of the system or air rights over any part of the system, shall be set aside into a separate and special fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating -17- AHLERS. COONEY. DORWEILER• ALLEEE S I• AYNIE. LAWYERS, DES MOINES. IOWA said off-street parking facilities, and the balance thereof shall be calssified as "net off-street parking revenues" and are hereinafter referred to as such. In like manner from and afrer the issuance of said bonds the income and revenues from the on -street parking facilities of said system shall be set aside into a separate and special fund and shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating said on -street parking facilities and necessary traffic control expenses, collection, and enforcement and may also be so used and disbursed, to the extent that funds are not available from other sources, for the purchase of additional on -street parking meters and facilities; provided, that the aggregate of all such operation, maintenance, traffic control expenses, collection enforcement and cost of additional on -street parking meters and facilities shall not in any one month exceed twenty-five per cent of the income and revenues from such on -street parking facilities of said system during that month, and the balance of said income and revenues from the on -street parking facilities shall be classified as "net on -street parking revenues" and are hereinafter referred to as such. There shall be.and there is hereby created a special fund to be designated as the "Operation and Maintenance Fund" into which on the first day of each month there shall be set apart and paid from the aggregate of the off-street parking revenues and the on -street parking revenues an amount which with any unexpended balance therein is considered necessary and sufficient to pay the reasonable AHLERS. COONEY. DORWEILER. ALLBEE & HAYNIE. LAWYERS. DES MOINES. IOWA current expenses of operating and maintaining said Facilities for the current month as hereinabove described; provided, however, that the "Operation and Maintenance Fund" shall not be expended to pay rentals on any leased parking facilities and may be expended to pay the cost of enforcement of laws and regulations applicable to the system of public parking facilities only to the extent that funds are not then available in the "Surplus Fund" for such purpose. After said first day of the month further payments may be made into said fund from the aforesaid parking revenues but only if and to the extent necessary to pay such operation and maintenance expenses actually accrued and payable and to the extent that funds for such purpose are not then available for transfer from the "Surplus Fund" or the "Renewal and Improvement Fund." There is hereby created and there shall be maintained a special fund to be known as the "Parking Facilities Revenue Bonds Sinking Fund" (hereinafter sometimes referred to as the "Sinking Fund"), into which there shall be set aside from the aggregate of the net off-street parking revenues and the net on -street parking revenues such portion thereof as will be sufficient to pay the interest on and principal of the bonds hereby authorized and any additional bonds ranking on a parity therewith at the time outstanding as the same become due, and it is hereby determined, covenanted and agreed that the minimum amount to be so set aside into said Sinking Fund during each month of each year shall be not less than as follows: -19- ANLERS. COONEY, DORWEILER. ALLSEE a HAYNIE, LAWYERS. DES MOINES, IOWA A sum equal to one-tenth (1/10th) of the principal of all bonds maturing on the January 1 next succeeding plus a sum equal to one-fifth (1/5th) of the interest becoming due on the next succeeding interest payment date on all of the then outstanding bonds issued pur- suant to this ordinance and bonds ranking on a parity therewith until there has been accumulated in such fund an amount equal to the full amount of the next succeeding principal payment and interest payment on said then out- standing bonds maturing in such year; provided, however, that no further payments need be made into said Sinking Fund whenever and so long as such amount of the bonds shall have been retired that the amount then held in such fund (including the Bond Reserve Fund hereinafter created) is sufficient to retire all such outstanding bonds and pay the entire amount of the interest that will have accrued at the time of such retirement. Such payments into said Sinking Fund shall be made in monthly installments on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday then such payments shall be made on the next succeeding secular day. In the event the balance of unallocated net off-street parking revenues and net on -street parking revenues are inadequate to make any one or more required monthly payments into the Sinking Fund the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received, and same shall be in addition to payments otherwise -20- AHLERS. COONEY. DORWEILER, ALLHEE & HAYNIE. LAWYERS, DE3 MOINES, IOWA provided to be made in such succeeding month or months. Said Sinking Fund shall be used solely and only and is hereby pledged for the purpose of paying principal of and interest on the 1972 Bonds herein authorized and any additional parity bonds hereinafter permitted to be issued. Section 7. There is hereby created a special fund known and designated as the "Bond Reserve Fund" into which there shall be set apart and paid each month, commencing on the first day of the month following delivery of the 1972 Bonds from the balance of the net off-street parking revenues and the net on -street parking revenues remaining after first making the required payments into the "Parking Facilities Revenue Bonds Sinking Fund" the sum of $2,500.00 on the first day of each month in each year until such time as all of the bonds herein authorized and bonds ranking on a parity therewith have been paid in full as to both principal and interest or funds sufficient therefor have been set aside and pledged for that purpose. All moneys credited to said Reserve Fund shall be used for the payment of the principal of and interest on the bonds authorized to be issued under the terms of this ordinance and bonds ranking on a parity therewith whenever for any reason the funds on deposit in the "Parking Facilities Revenue Bonds Sinking Fund" are insufficient to pay such principal and interest when due, and shall also be used to make up any deficiencies in the amounts required to be set aside each month into said Sinking Fund; provided, however, that all amounts at any time credited to said Reserve Fund in excess of the maximum amount of principal and interest falling due in any succeeding fiscal year for both principal of and interest on the then outstanding bonds issued pursuant to this ordinance and -21- ANLERS. GOONEY. DORWEILER. ALLn EF. s HAYNIE. LAWYERS, DES MOINES. IOWA bonds ranking on a parity therewith shall be used to purchase or redeem any of said bonds then outstanding at not exceeding the price at which said bonds may be next redeemable or may be transferred to the "Renewal and Improvement Fund." Section 8. There is hereby created a special fund known and designated as the "Renewal and Improvement Fund" into which there shall be set apart and paid each month, commencing on the first day of the month following the delivery of the 1972 Bonds, from the balance of the net off-street parking revenues and net on -street parking revenues remaining after first making the required payments into the Operation and Maintenance Fund, the Sinking Fund and the Bond Reserve Fund the sum of $1,250.00 on the first day of each month of each year, or such higher amounts as the City Council may fix from time to time. All moneys credited to said Renewal and Improvement Fund shall be used or accumulated to pay rentals on any property leased for use as a part of the Ciyt's system of motor vehicle parking facilities, to pay the cost of acquiring additional parking facilities, to pay architectural or engineering expenses, to pay the cost of acquiring additional meters or other improvements to the system, to create reserves for any of the foregoing, to pay rent on any property which may be leased for parking purposes as a part of the system or to pay any extraordinary cost of maintaining the parking system in an efficient operating condition, and the moneys on deposit in said Renewal and Improvement Fund shall be transferred and credited to the Parking Facilities Revenue Bonds Sinking Fund whenever necessary -22- ANLERS. COONEY. DORwmum. ALLBEE a HAYNIE. LAWYERS. DEB MOINES. IOWA to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith or shall be transferred to the Bond Reserve Fund whenever any deficiency may exist in said Fund.. Any balance in excess of $90,000.00 which may be accumulated in said Renewal and Improvement Fund may be transferred to the Surplus Fund hereinafter created. Section 9. There has been created a special fund known and designated as the "Surplus Fund" into which there shall be set apart and paid all of the net off-street and net on - street parking revenues remaining after first making the required payments into the Operations and Maintenance Fund, the Sinking Fund, the Bond Reserve Fund and the Renewal and Improvement Fund. Moneys credited to said Surplus Fund may be expended to pay cost incurred in the enforcement of laws, ordinances and regulations applicable to the City's system of public parking facilities, and shall be transferred and credited to the Parking Facilities Revenue Bonds Sinking Fund whenever necessary to prevent or remedy a default in the payment of the principal of or interest on the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith, or shall be transferred and credited to the Bond Reserve Fund whenever any deficiency may exist in said Bond Reserve Fund, or otherwise may be transferred to the Renewal and Improvement Fund or used for any lawful corporate purpose. -23- AHLERS. COONEY. DORWEILER. ALLSEE & HAYNIE. LAWYERS. DEB MOINES. IOWA Section 10. All moneys held in the several separate funds created under the terms of this ordinance shall be deposited in banks and all such deposits which cause the aggregate deposits of said City in any one bank to be in excess of the amount insured by the Federal Deposit Insurance Corporation shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value, or may be invested in direct obligations of the United States Government having a maturity date or being subject to redemption at the option of the holder not more than five years from the date of the investment therein. Section 11. While the bonds authorized hereunder, or any of them, remain outstanding and unpaid the rates for all services rendered by said public motor vehicle parking facilities system shall be reasonable and just, taking into account and consideration the cost of maintaining and operating the same and one hundred thirty percent of the amounts required annually for the retirement of all bonds and the accruing interest on all such bonds as may be out- standing under the provisions of this ordinance and bonds ranking on a parity therewith, and there shall be charged such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that so long as any of the bonds hereby authorized remain outstanding it will keep proper books of record and account, separate from all other municipal records and accounts, showing complete and correct entries -24- ANLERS, COONEY. DORWEILER, ALLBEE & HAYNIE, LAWYERS. DES MOINES, IOWA of all transactions relating to said public motor vehicle parking facilities system, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the City relating thereto. A separate accounting of the amount of income and revenues from on -street parking facilities and the off-street parking facilities, and also of the amount of operation and maintenance expenses for said facilities, respectively, shall be kept and maintained. Said City further agrees that it will within sixty days following the close of each fiscal year of the City cause an audit to be made of the books and accounts pertinent to the system by an independent certified public accountant showing the receipts and disbursements of said system with the comments of the auditor concerning whether the books and accounts are being kept in compliance with this ordinance and in accordance with recognized accounting practices. All expenses incurred in making such audits shall be paid as an expense of operation and maintenance of the system and a copy of each such audit shall be promptly mailed to the original purchasers from the City of the bonds hereby authorized and to any other bondholder that may have requested same in writing. Section 12. That said City hereby covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and laws of the State of Iowa, and this ordinance, -25- ANLERS. GOONEY. DORWEILER. ALLBEE s HAYNIE. LAWYERS. DES MOINES. IOWA including the making and collecting of reasonable and sufficient rates for services afforded thereby, and will segregate the revenues and make application thereof into the respective funds, as provided by this ordinance. The City further covenants and agrees with the holders of said bonds to maintain in good condition and continuously and efficiently operate said off-street and on -street facilities and to charge and collect such rates and charges for services rendered thereby so that the aggregate net revenues therefrom will be sufficient at all times to make the prescribed payments into the several special funds as herein- before provided. The City further covenants and agrees that so long as any of the bonds authorized to be issued under the terms of this ordinance or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber said public motor vehicle parking facilities until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof; provided, however, the City may dispose of any property constituting a part of the municipal parking system which is found by resolution of the City Council to be no longer useful or profitable in the operation of the system, but the proceeds of any such sale shall be credited to the Renewal and Improvement Fund as an additional credit thereto. Nothing contained in this ordinance shall be construed to prevent the City from leasing -26- ANLERs, COONEY. DORWEILER. ALLSEE a HAYNIE, LAWYERs. DEO MOINES. IOWA to others or contracting with others for the operation of any of the facilities, constituting a part of the parking system, to the extent permitted by law, provided the net revenues derived from any such leases or contracts, in combination with all other net revenues of the system, are found by the City Council to be not less than those required to be paid into the various funds as hereinbefore provided. Nothing contained in this ordinance shall be construed to prevent the City from disposing by lease, or as may be permitted by law, of the air rights above any of the off-street parking facilities constituting a part of the system, provided that the revenues from any such lease shall be treated as a part of the income and revenues from the off-street parking facilities of the system and shall be used and applied as provided in this ordinance, but no such lease may result in a reduction of the aggregate net revenues of the system below the amounts necessary to be paid into the various funds as hereinbefore provided. While the bonds authorized hereunder, or any of them, remain outstanding and unpaid no free service shall be afforded by said public motor vehicle parking facilities system, provided, that the City Council may, by resolution, authorize the use of a designated portion of the parking facilities ,without charge, provided: (1) that the Council must first affirmatively determine that such use will not cause the aggregate net revenues then to be derived from the balance of the system to be less than 150% of the amounts required to be paid into the Parking Facilities Revenue Bonds Sinking Fund during the then next succeeding fiscal year, and (2) if -27- AHLERS. COONEY. DORWEILER, ALLBEE h HAYNIE. LAWYERS. DEB MOINES. IOWA the facilities to be operated without charge produced over 15% of the gross revenues of the entire system in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a reputable, independent consulting engineer employed for the purpose of examining the books and records pertinent to the system and of certifying to the amount of revenues which will be derived from the balance of the system. Any of the off-street parking facilities may be withdrawn from use at any time for the purpose of erecting multiple level parking structures, garages or other parking facilities thereon which are to be incorporated in and made a part of the public motor vehicle parking facilities system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the remainder of the system, together with interest during the construction of the additional structure, will be not less than those required to be paid into the several separate funds as hereinbefore provided during the period of construction. Said City agrees that it will take no action in relation to its public motor vehicle parking facilities which would unfavorably affect the security of the bonds herein authorized or bonds ranking on a parity therewith or the prompt payment of the principal thereto and interest thereon, but nothing in this ordinance contained shall be constructed to prohibit appropriate changes in the location of on -street parking facilities made necessary by street widening, alterations -28- AHL[RB, GOONEY, DORWEILER. ALLBEE & HAYNIE. LAWYERS. DEB MOINES. IOWA or closings, nor prohibit substitution or changes in the location of on -street parking meters in order to provide essential and necessary traffic regulation and control. Section 13. Said City hereby covenants and agrees so long as any bonds hereby authorized are outstanding to regularly retain from time to time, and at least once every three years, the services of some engineer or firm of engineers of specialized reputation in the management and operation of motor vehicle parking facilities (hereinafter sometimes referred to as the "consulting engineer"), for the purpose of consultation and cooperation in connection with the operation and maintenance of its public motor vehicle parking facilities system and the establishment as well as any subsequent revision of the schedule of charges for the services and facilities to be thereby afforded. The first such consultant's report shall be provided within fifteen months after completion of the parking facilities to be constructed, and shall review the operations of the system of parking facilities including the new parking facilities for the first twelve months of operation. Further, the City shall cause a study and report to be made by such a consulting engineer within three months following any year in which the net revenues of the system of parking facilities fall below 1.30 times debt service requirements. The costs of such reports shall be paid from the Renewal and Improvement Fund. An annual budget of expenses of operation and maintenance of the system shall be prepared by the City Council covering the anticipated monthly -29- ANLERE. GOONEY. DORWEILER, ALLSEE S HAYNIE. LAWYERS. DES MOINEf. IOWA requirements and expenditures for such operation and maintenance during the ensuing year. Fixed annual charges such as the cost of insurance shall be set up and accumulated on a monthly basis. At least sixty days prior to the beginning of such ensuing fiscal year a copy of such proposed annual budget shall be mailed to any bondholder who may have theretofore requested the same. If the holder or holders of five per cent or more of the aggregate principal amount of bonds then outstanding shall so request at least thirty days prior to commencement of the fiscal year the City Council shall hold a public hearing on such proposed annual budget, at which hearing any bondholder and any other person in interest may appear and file written objections. If no objections are filed as in this section permitted, said City Council may adopt the proposed budget as the annual budget for such succeeding fiscal year, but if such objections are filed, said City Council shall make every effort to satisfy same in adopting a revised final budget. The total expenditures in any fiscal year for the account of the off-street parking facilities and the on -street parking facilities constituting parts of said public motor vehicle parking facilities system shall not exceed the respective items as shown by the annual budget for such year unless specifically authorized by a two-thirds vote of said City Council. Section 14. That any holder of said bonds, or of any of the coupons, may either at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel -30- ANLERB, COONEY. DORWEILER, ALLBEE 6 HAYNIE. LAWYER!, DEB MOINWO. IOWA performance by said City and its officers and agents of all duties imposed or required by law or this ordinance in connection with the operation of said motor vehicle parking facilities, including the making and collecting of sufficient rates and segregation of the revenues and application thereof. Section 15. The bonds authorized to be issued here- under and from time to time outstanding shall not be entitled to priority one over the other in the application of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issuance, it being the intention that there shall be no priority among the bonds authorized to be issued under the provisions of this ordinance, regardless of the fact that they may be actually issued and delivered at different times. The City hereby reserves the right and privilege of issuing additional bonds from time to time payable from the income and revenues of said public motor vehicle parking facilities system ranking on a parity as to pledge of earnings with the bonds herein authorized in order (1) to refund any revenue bonds issued for account of the parking system, or (2) to pay the costs of further additions, extensions or improvements to the system within said City; provided, that before any such additional bonds ranking on a parity may be so issued for such additions, extensions or improvements there shall have been procured and filed with the City Clerk 1) a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon.necessary investigations -31- AHLERB. GOONEY. DORWEILER. ALLBEE 6 HAYNIE. LAWYERS, DEB MOINES. IOWA that the City has substantially performed its obligations with respect to maintenance of the various funds required under this ordinance and that the aggregate net off-street parking revenues and net on -street parking revenues as defined in this ordinance, adjusted to reflect income in accordance with rates in effect on the date of said state- ment, for the last completed fiscal year immediately preceding the issuance of such additional bonds was equal to at least 125% of the maximum amount that will be required in any year for both principal and interest on the bonds then out- standing and the bonds then proposed to be issued in any fiscal year prior to the longest maturity of any of the then out- standing bonds; and 2) a statement certified by an independent consulting engineer reciting the opinion that the aggregate of the net off-street parking revenues and net on -street parking revenues for the second complete calendar year after commence- ment of operation of the improvements to the system to be constructed from the proceeds of such additional bonds will be equal to not less than 160% of the maximum amount required in any year for both principal and interest on the bonds then outstanding and the bonds then proposed to be issued in any fiscal year prior to the longest maturity of any of the then oustanding bonds. Bonds issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be subject to the restrictions hereinbefore set forth in this section provided the bonds being refunded mature within three months of the date of such refunding and no other funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to said -32•- ANLERE. GOONEY. DORWEILER. ALLBEE R HAYNIE. LAWYERS. DE! MOINE[. IOWA restrictions, and in computing the maximum principal and interest due in any year principal and interest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilized. For the purpose of this ordinance, the fiscal year shall be the calendar year, and interest and principal due on January 1 shall be considered requirements of the immediately preceding fiscal year. The interest payment dates for all such additional bonds shall be semiannually on January 1 and July 1 of each year and the principal maturities of such additional bonds shall be on January 1 of the year in which any such principal is scheduled to become due. The additional bonds (sometimes herein referred to as "permitted" to be issued), the issuance of which is restricted and conditioned by this section, shall be understood to mean bonds secured and payable on a parity with the bonds herein specifically authorized, and shall not be deemed to include other obligations, the security and source of payment of which is subordinate and subject to the priority of the requirements in favor of the bonds herein authorized to be issued. Section 16. That for the further security of the bonds herein authorized and the coupons thereto attached, a lien is hereby recognized and declared to be valid and binding upon the municipal parking facilities, purchased from the proceeds of the bonds hereby authorized, to the extent of said payment from said source, and specifically described as follows: -33- AHI.ERS. COONEY. DORWEILER, ALLBEE & HAYNIE. LAWYERS, DEB MOINES. IOWA A multi -story self -parking garage facility located and constructed upon the following described real estate located within the City of Iowa City, Johnson County, Iowa, to -wit: Beginning at the southeast corner of Block 64, Original Town of Iowa City, Johnson County, Iowa; thence north along the east line of said Block 64 to a point that is 14.5 feet north of the north line of said Block 64; thence west along a line parallel to and 14.5 feet north of the north line of Block 64, a distance of 190 feet; thence south along a line parallel to and 190 feet west of the east line of said Block 64 to the south line of said Block 64; thence east along the south line of said Block 64 to the point of beginning (Said Block 64 being bounded on the north by College Street, on the west by Dubuque Street, on the south by Burlington Street and on the east by Linn Street). Said lien shall take effect immediately upon the delivery of any of said bonds. Said parking facilities shall remain personalty as between the City and the holders of said bonds and shall not be deemed a part of the realty even though attached thereto. In the event of a default in any of the terms of this ordinance said lien may be enforced and foreclosed for the use and benefit of all of said bonds then outstanding in the manner provided by the laws of the State of Iowa. The Clerk is hereby authorized and directed to file a certified copy of this Ordinance in the office of the County Recorder of Johnson County and cause the same to be there duly recorded for the purpose of evidencing such lien and giving notice of the record thereof. Said lien is granted under authority of Section 390.9 Code of Iowa, 1971, and in conformity thereto shall not apply to any parking facilities or portion thereof purchased from any source other than proceeds of the 1972 Bonds. -34- MILERS. COONEY. DORWEILER, ALLSEE h HAYNIE. LAWYERS. DES MOINES. IOWA Section 17. Said City covenants .,_1 agrees that so long as any of the bonds herein authorized are uu,_tanding it will not establish other public motor vehicle parking facilities within the City unless such additional facilities are included and constitute a part of the public motor vehicle parking facilities system as contemplated by this ordinance and are operated on a revenue producing and self- liquidating basis, so that the net revenues from such add- itional facilities will be available for payment into the Sinking Fund as herein provided. The City covenants and agrees that upon completion of any structural parking facilities constituting any part of the system that it will procure and carry to the extent available fire and extended coverage and vandalism and malicious mischief insurance on each such structure in an amount equal to at least eighty per cent of the insurable value thereof, and also will procure and carry to the extent available use and occupancy or business interruption insurance on such structural parking facilities in an amount sufficient to pay eighty per cent of the estimated net revenues therefrom for a period of one year. The proceeds of insurance received from loss or damage to the structural parking facilities shall be used to replace or repair the property lost or damaged, and the proceeds of use and occupancy or business interruption insurance shall be classified and treated as net off-street parking revenues. The City further covenants and agrees to carry public liability and property damage insurance in the operation of the public motor vehicle -35- AHLERS. GOONEY. DORWEILER. ALLOEE & HAYNIE. LAWYERS. DES MOINES. IOWA parking facilities system in amounts not less than those recommended from time to time by a consulting engineer employed for that purpose. The costs of all the foregoing insurance shall be classified and paid as an expense of operation and maintenance. Section 18. The provisions of this ordinance shall constitute a contract between the City of Iowa City and the holders of the bonds herein authorized to be issued, and after the issuance of any of the bonds no change, variation, or alteration of any kind of the provisions of this ordinance may be made in any manner except as hereinafter in this section provided until such time as all of said bonds issued hereunder and the interest thereon have been paid in full. In the event that it shall appear desirable and to the advantage of both the City and the holders of the revenue bonds the City may propose modifications, alterations and amendments of this ordinance in the following manner: The City Council shall adopt an ordinance modifying, altering or amending this ordinance, but providing therein that said ordinance shall not become effective unless and until it has had the approval of the holders of the revenue bonds as hereinafter set out. immediately upon adoption of said ordinance the City Council shall set a time and place for and call a meeting of the holders of the revenue bonds, which place so designated shall be in the City of Iowa City, Iowa. Notice of the time and place of the meeting and in general terms the matters to be submitted thereat shall be given to the holders of the revenue bonds in the following manner: -36- ANLERS. GOONEY. DORWF.ILER, ALL/EE Q H4YNIE. LAWYERS. DES MOINES. IOWA (a) Not less than fifteen days prior to the date set for the meeting a copy of the notice shall be mailed to each of the holders of revenue bonds registered as to principal at the address appearing on the registration books and also to the original purchaser or purchasers of the revenue bonds; (b) Notice of such meeting shall also be published in at least two issues of (1) a newspaper or financial journal of general circulation published in the City of Chicago, Illinois, and (2) a newspaper of general circulation published in the City of Iowa City, Iowa; the first of each such publications to be made not less than fifteen (15) days prior to the date set for the meeting and the second of such publications to be made not less than seven (7) days nor more than ten (10) days prior to the date set for such meeting. At such meeting there shall be submitted to the holders of the revenue bonds.for their approval the ordinance there- tofore adopted proposing the modification, alteration or amendment. All holders of revenue bonds for account of the public motor vehicle parking facilities system of the City out- standing at the time of such meeting and secured by the Sinking Fund hereinbefore created shall be entitled to vote thereat and attendance at such meeting may be in person or by proxy. Each person seeking to attend or vote at any such meeting must, if required, produce such proof of ownership of revenue bonds or of personal identity as shall be satisfactory to the inspectors of votes. Every proxy shall -37- ANLERf. GOONEY. DORWEILER. ALLBEE a HAYNIE. LAWYER.. DEs MOINES. IOWA be signed by the holder of revenue bonds or by his duly authorized attorney, shall identify the revenue bonds re- presented thereby, and shall be witnessed, and its genuine- ness, if questioned shall be established to the satisfaction of the inspectors of votes. The holders of revenue: bonds and the holders of proxies present shall, by a majority vote, irrespective of the amount of revenue bonds represented by them, select two persons from those present to act as inspectors of votes, who shall count all votes cast at such meeting and who shall make and file with the Secretary of the meeting their verified written report in duplicate of all such votes so cast at said meeting. The holders (or persons entitled to vote the same) of not less than seventy-five per cent in principal amount of the revenue bonds entitled to be voted at any such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, less than a quorum, however, having power to adjourn. Any such modifications, alterations or amendments of this ordinance, or of any rights and obligations of the City, or of the holders of the revenue bonds in any particular, may be approved at such meeting or at a due adjournment thereof and held in accordance with the provisions of -his section, but only by a resolution duly adopted by the affirmative vote, in person or by proxy, of the holders (or persons entitled to vote the same) of sixty per cent or more in aggregate principal amount of the revenue bonds entitled to be represented at such meeting; provided, how- MRID AHLERS. GOONEY. DORWEILER, ALLBEE 6 HAYNIE. LAWYERS. DEB MOINES, IOWA ever, that no such modifications, alterations or amendments shall be made which will (a) permit an extension of the time of payment at maturity of the principal of or payment of the interest on any revenue bond, or a reduction in the amount of principal or the rate of interest thereon without written consent of the holder thereof, or (b) reduce the percentage of holders of revenue bonds required by the provisions of this section for the taking of any action under this section. A record of the proceedings of each such meeting prepared and certified by the Secretary of the meeting and having attached thereto an original counterpart of the report of the inspectors of votes and affidavits of mailing and pub- lication of the notice of the meeting shall be filed with the City Clerk, and thereupon without further action the proposed modifications, alterations and amendments, as aforesaid, shall become effective, but otherwise shall be null and void. Section 19. If. any section, paragraph, clause or provisions of this ordinance shall be held invalid the invalidity of such section, paragraph, clause or provision, shall not affect any of the remaining provisions of this ordinance. Section 20. This ordinance is enacted under authority contained in Chapter 390, Code of Iowa, 1971, and shall be construed in accordance with the provisions thereof. All ordinances, resolutions and orders, or parts thereof in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. -39- AHLERS. GOON". DORWEILER. ALLSEE B HAYNIE. LAWYERS. DES MOINES. IOWA Section 21. That there be printed on the back of each bond herein authorized to be issued, if requested by the purchaser, a copy of the legal opinion. of Ahlers, Cooney, Dorweiler, Allbee & Haynie, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk, certifying the same as being a true copy thereof, said certificate to bear the facsimile signature of said Clerk. Section 22. The City represents that the proceeds of said bonds will be applied to the payment of contracts to be performed commencing in the current year and completed within twelve months after the sale and delivery of said bonds. The City further undertakes that it will not invest, directly or indirectly, the available proceeds of said issue of bonds at a yield materially higher (presently defined as more than one-eighth of one percent) than the yield on said bonds, as said terms are defined in Section 103(d) of the Internal Revenue Code of the United States and regulations issued thereunder, for more than the aforesaid temporary construction period, and in no event exceeding such other temporary period as may be authorized in said statute or regulations, unless the City has first obtained an Internal Revenue Service ruling that such investment would be in compliance with said statute and regulations. The City further covenants and agrees that it will immediately prior to the commencement of each fiscal year prepare a budget determination of the available proceeds of said Bonds, together with a plan for the investment thereof during said year in compliance with said statute, regulations thereunder and this section; subject to such -40- AHLERS. LOONEY. DORWEILER. ALLSEE 6 HAYNIE. LAWYERS, DES MOINES. IOWA modifications as may be necessary from time to time. The City will furnish a copy of said investment budget to the original purchaser and any holder or holders of said bonds upon written request therefor. Section 23. That this ordinance shall be in full force and effect immediately upon its adoption, approval and publication as provided by law. Adopted this 3 day of Tuly� , 1972, by the City Council of the City of Iowa City, Iowa. Councilmen ATTEST-* City Clerk - Presented er c Presented by the undersigned to the Mayor of said City for his signature and approval this/ s day of July , 1972• City Clerk Approved Mayor pA)FF,""jWAW5 MWO -41- ARLERs. GOONEY. DORWEILER. ALLSEE • HAYNIE. UIWYERs. DU MOINES. IOWA Iowa City, Iowa, ` ,T„i z . 1972 The Council of Iowa City, Iowa, met on the above date in regular session, pursuant to law and the rules of said Council and in accordance with the terms of a notice of meeting, a copy of which was served on each member of the Council 'within the time required l>y law and accepted in writing by each member thereof, said notice of meeting being as follows: NOTICE Iowa City, Iowa, July 3 1972 TO: Robert -Connell. Edgar. ezarneck; r.oren Hicke son J_Patii ck white Councilmen Iowa City, Iowa Dear Sir: You are hereby notified that a meeting of the Council of Iowa City, Iowa, will be held on the day of July 1972, at the Civic Center in Iowa City, Iowa, atO 'clock M.I for the purpose of considering thed aoption o -f an Ordinance Authorizing and Providing for the Issuance and Securing the Payment of $2,000,000.00 Parking Facilities Revenue Bonds of the City of Iowa City, Iowa, under the Provisions of Chapter 390 of the Code of Iowa, for the Purpose of Defraying the Cost of Acquiring Additional Off -Street Motor Vehicle Parking Facilities In and For said City, and for such other business in connection therewith as may come before the meeting. Respectfu ly ubmitted, Maor � _ Service of the foregoing notice is hereby acknowledged. ....... ................. ........ i. Rranlit .............................. .. -51Rah � t ('nnnal 1' _ ���gr ['oarnrarki S/Lox-en Hi!kersn j Patrink White _.1 - AHLEFS, COONEY. DOP.WEILCi , f.LL9EC d H ♦YNIE. LAWYERS. DES MOINES. IOWA The meeting was called to order by r_ r._ xrandt Mayor, and on foll call the following Council Members were present: ABSENT: None Councilman White moded that Ordinance no. "AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,000,000.00 PARKING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF CHAPTER 390 OF THE CODE OF IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING ADDITIONAL OFF- STREET MOTOR VEHICLE PARKING FACILITIES IN AND FOR SAID CITY" be amended by striking Section 15 thereof and inserting in lieu thereof the following: -lA- AHL[RN. GOONEY. DORWEILER. ALLOLE s HAYNIE. LAWYERS. OES MOINE/. IOWA L "Section 15. The bonds authorized to be issued here- under and from time to time outstanding shall not be entitled to priority one over the other in the application of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issuance, it being the intention that there shall be no priority among the bonds authorized to be issued under the provisions of this ordinance, regardless of the fact that they may be actually issued and delivered at different times. The City hereby reserves the right and privilege of issuing additional bonds from time to time payable from the income and revenues of said public motor vehicle parking facilities system ranking on a parity as to pledge of earnings with ' the bonds herein authorized in order (1) to refund any revenue bonds issued for account of the parking system, or (2) to pay the costs of further additions, extensions or improvements to the system within said City; provided, that before any such additional bonds ranking on a parity may be so issued for such additions, extensions or improvements there shall have been procured and filed with the City Clerk 1) a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon necessary investigations -2- ANLERS. CoINEY. DORWEILER. ALLREE & HAYNIE. LAWYERS. DES MOINES. IOWA that the City has substantially performed its obligations with respect to maintenance of the various funds required under this ordinance and that the aggregate net off-street parking revenues and net on -street parking revenues as defined in this ordinance, adjusted to reflect income in accordance with rates in effect on the date of said state- ment, for the last completed fiscal year immediately preceding the issuance of such additional bonds was equal to at least 1258 of the maximum amount that will be required in any year for both principal and interest on the bonds then out- standing and the bonds then proposed to be issued in any fiscal year prior to the longest maturity of any of the then out- standing bonds; and 2) a statement certified by an independent consulting engineer reciting the opinion that the aggregate of the net off-street parking revenues and net on -street parking revenues for the second complete calendar year after commence- ment of operation of the improvements to the system to be constructed from the proceeds of such additional bonds will be equal to not less than 1608 of the maximum amount required in any year for both principal and interest on the bonds then outstanding and the bonds.'then proposed to be issued in any fiscal year prior to the longest maturity of any of the then oustanding bonds. "Bonds issued to refund any of the bonds hereby authorized or bonds ranking on a parity therewith shall not be subject to the restrictions hereinbefore. set forth in this section provided the bonds being refunded mature within three months of the date of such refunding and no other funds are available to pay such maturing bonds, but otherwise any refunding bonds ranking on a parity shall only be issued subject to said -2A- ANLERS. COONEY. DORWEILL'R. ALLBEE a HAYNIE. LAWYERS. DES MOINES. IOWA . restrictions, and in computing the maximum principal and interest due in any year principal and interest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilized. "Por the purpose of this ordinance, the fiscal year shall be the calendar year, and interest and principal due on January 1 shall be considered requirements of the immediately preceding fiscal year. The interest payment dates for all such additional bonds shall be semiannually on January 1 and July 1 of each year and the principal maturities of such additional bonds shall be on January 1 of the year in which any such principal is scheduled to become due. The additional bonds (sometimes herein referred to as 11permitted" to be issued), the issuance of which is restricted and conditioned by this section, shall be understood to.mean bonds secured and payable on a parity with the bonds herein specifically authorized, and shall not be deemed to include other obligations, the security and source of payment of which is subordinate and subject to the priority of the requirements in favor of the bonds herein authorized to be issued." Councilman HirkPraon seconded the motion. The roll was called and the vote was: AYES: Brandt, Connell, Hickerson, White NAYS: Czarnecki The P4ayor declared the motion carried. -3- AHLERS. COONEY, DORWE{LER. ALLDEE h HAYNIE. LAWYERS. DES MOINES. IOWA Councilman Hickerson moved that the rule requiring that the Ordinance, as amended, be fully read on three days be dispensed with and that said Ordinance, as amended, be read axxftxx3 reagain ffiy title only and there - all three readings after placed upon its adoption. The motion was seconded by Councilman conn 17 and on roll call the vote was: NAYS: Nnna Whereupon the Mayor declared the motion to have received a three-fourths affirmative vote of the members of the Council and to have been adopted. Said Ordinance, as amended, was then read by the Clerk by its title z1ca j5Lv eadx for three readings Councilman Hickerson thereupon moved that said Ordinance No. 2632 , as amended, be finally adopted. The motion was seconded by Councilman r„nnell and after due consideration thereof the Mayor put the question on the motion and the roll being called the vote was: UVOMM Brandt, Connell, Hickerson NAYS: ezarnecki. White Whereupon the Mayor declared said motion duly carried and said Ordinance, as amended, adopted as follows: -3A- ANLERS. GOONEY. DORWEILER. ALLUEE 9 HAYNIE. LAWYERS. DEB MOINES. IOWA ORDINANCE N0. 2633 AN ORDINANCE ESTABLISHING AND DESCRIBING A VOTING PRECINCT WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA, SPECIFICALLY PRECINCT NUMBER 14, AND AMENDING ORDINANCE NO. 72-2623 AND ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance to establish the new boundaries for Precinct Number 14, precincts within the corporate limits of the City of Iowa City, Iowa, to correct a mistake in Ordinance Number 72-2623, description of said precinct and to amend Ordinance Number 72-2623 thereby. SECTION II ESTABLISHMENT. There is hereby established in the City of Iowa City, Iowa, the following Voting Precinct Number 14 set forth herein: Beg. at the intersection of the center -line of Hwy. 116 and Sycamore St., N. along Sycamore St. to Lower Muscatine Rd, NWesterly along Lower Muscatine Rd, to Ginter Ave., W along Ginter Ave. to Franklin St., N along Franklin St. to Kirkwood Ave., W along Kirkwood Ave. to Maggard St., N along Maggard St. to center -line of CRI&P R.R. Row to Summit St., S along Summit St. to Walnut St., E along Walnut St. to Clark St., S along Clark St. to Kirkwood Ave., W along Kirkwood Ave. to Marcy St., S along Marcy St. to Highland Ave., E along Highland Ave. to Broadway St., S along Broadway St. to center -line of Hwy 116, E along center -line of Hwy. 116 to pt. of beg. SECTION III REPEALER. Ordinance Number 72-2623, Section II, Sub -section 14, establishing Precinct Number 14 is hereby repealed and boundaries thereof satisfied to be replaced by the boundaries established in this Ordinance, and all ordinances or parts of ordinances in conflict of this provision of this ordinance are hereby repealed. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect at the passage or approval and publication is provided by law. It was moved by Hirkarsnn and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Brandt x— Connell x_ Czarnecki x_ Hickerson yr_ White MAYOR ATTEST_ Cy Clerk _< .z.e . ;, - 2 - 1st Reading 7-10-72 TO 2nd Reading 7-10-72 TO 7-10-72 TO 3rd Reading Passed and approved this 10 day of July , A.D., 1972. ORDINANCE NO. 2634 AN ORDINANCE ALLOWING THE USE OF SIDEWALKS FOR COMMERCIAL PURPOSES UPON APPROVAL OF THE CITY COUNCIL; REPEALING SECTION V OF ORDINANCE NO. 2618 BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA SECTION I PURPOSE. The purpose of this Ordinance is (to allow commercian uses in the sidewalks of Iowa City subject to the approval of the City Council. SECTION II AMENDMENT. Ordinance No. 2618 is hereby amended by repealing Section V thereof and enacting the following in lieu thereofz "SECTION V. COMMERCIAL USES PROHIBITED. No permit shall be allowed for the use of any portion of the street or sidewalk or roadway wherein the applicant, if granted permission to use the street, would charge any admission charge,or fee to any person or to the general public in order to participate in the use of the street, sidewalk or roadway or in the event, public entertainment or parade." SECTION III REPEALER. Section V of Ordinance No. 2618 and all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. 1st reading 7-10-72TO 2nd reading 7-10-72TO 3rd reading 7-10-72 It was moved by Connell and seconded by White that the Ordinance be adopted, and upon roll call: AYES: NAYS: ABSENT: x Brandt x Connell x Czarnecki x Hickerson x White Passed this 10 day of July, 1972. ATTEST: VO.A, mP1 ti QITY CLERK--jb� rRA,R-PA l .i. ORDINANCE NO. 2635 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A 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 R1A and the boundaries of to R1B 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: 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 u; nkt-rcnn and seconded by Conner_ that, the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hiekerson x White x Passed and approved this 18 day of July 1972. 7 Mayor First Reading 6 -A6 --7-;Z v ATTEST,.' Me� Second Reading 7. 3 72- 'T.O PLC` -1 Rty Clerk Third Reading l- I8 -'la. l 0 Commencing at the Northeast corner of the Northwest quarter i; of Sec.'23, T79N, R6W of the 5th P.M., thence S 1° 38' 10" E, 375.40 feet to the centerline station 222 + 12.6 of U. S. Hwy X16; thence S 00 61' 03" E, 2036.72 feet; thence N 88° 57' 05" E, 35.00 feet to the point of beginning; thence N 89° 58' 57" E, 128.00 feet to a'point on the West R.O.W. line of ii Palmer Circle; thence S 0° 01' 03" E, 130.00 feet along the ;i•', said R.O.W. line; thence S 89° 57' 51" E, 200.19 feet along the South R.O.W. line of Grantwood Drive; thence Easterly ., 259.40 feet along a 1025 foot radius curve concave northerly along said R.O;W. line; thence N 75° 32' 09" E, 25.15 feet along said R.O.W. line, thence Easterly 124.22 feet along a 975 foot radius curve concave Southerly along the Southerly ' R.O.W. line of Grantwood Drive; thence S 80 37' 59" E, 60.08 ; -feet; thence Southerly 29.94 feet along a 225 foot radius curve concave Westerly; thence S 1° 00' 33" E, 44.98 feet; thence S 75° 32' 09" W, 252.15 feet; thence N 89° 57' 51" W, 321.27 feet; thence S 73° 19' 46" W, 52.19 feet; thence S 890 58' 57" W, 128.00 feet to a point on the East R.O.W. line of. Sycamore Street (said R.O.W. being 70 feet wide); thence N 0° 01' 03" W, 280.00 feet along the said East R.O.W. line of Sycamoro Street to the point of beginning., Said tract containing 2.79 acres more or lose. (Frantz Const. Co., ..�_. Mr. "Pros Peet Addition1'B: ) _......_.... ...._,,..,_ - _.__. --.. 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 u; nkt-rcnn and seconded by Conner_ that, the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hiekerson x White x Passed and approved this 18 day of July 1972. 7 Mayor First Reading 6 -A6 --7-;Z v ATTEST,.' Me� Second Reading 7. 3 72- 'T.O PLC` -1 Rty Clerk Third Reading l- I8 -'la. l 0 i ORDINANCE NO. 2636 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R2 to R3 Zone BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R2 and the boundaries of to R3 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: Commencing at a point 30 feet west of the east line of the west half of the Northwest Quarter (NW 1/4) of Section 14, Township 79 North, Range 6, West of the 5th P. M. , at the intersection with the north line of the C. R.I. & P. Railroad, thence north parallel to said east line of the west half of the Northwest Quarter (NW 1/4) of said Section 14, 324 feet to a point which is 289 feet .south of the south line of Sheridan Avenue, in Iowa City, Iowa, thence West parallel to the south line of the said Sheridan Avenue 107.14 feet, thence South 287, 5 feet parallel to. the east line of Maggard Street in Iowa City,, Iowa, to the north line of the C. R. 1. & P. Railroad, thence southeasterly along the north line of the C. R. 1. & P. Railroad 114.3 feet to the point of beginning, all of'the above, located in Iowa. City, Jolwson County, Iowa. And Also: The South 15 feet of Lot 3 and all of Lots 4, 5, 6 and 7 in plat of Thomas Subdivision in Iowa City, a subdivision in the Northwest Quarter (NW 1/4) of Section 14, Township 79 North, Range 6 West of the 5th P. M, according to the plat thereof recorded in Plat Book,5, page 49, plat Records of Johnson County., Iowa ._LNort(1 of CRI& Drainage System.), 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 Clark 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 waq moved by (`on�I and seconded by Czarnecki that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell S Czarnecki x Hicker@on x P'1 .a- .e - _K_ Passed and approved this 18 day of _July , 19 72. ATTEST W,& ty Clerk Mayor First Readinn 6-dc`_21_TD- Second Reading 7 3 _Z11. 0 • Third Reading 7-18-72 TO ORDINANCE NO. 2 617 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R1A to R3 Zone BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA and the boundaries of vzo,,.,e as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: A parcel of land si.:.uated in the northeast corner of the W� NW'k;of Section 17, Township 79 North, Range 6 West of the 5th P.M., and more particularly described as follows: Commencing at a point in,the East line of the W' NW'k of said'. ,4i Section 17, which point is 50.7 feet South of the northeast corner of said Wk, NWS; thence South along the East line of it, the said Wk NW'k 41.2.2 feet; thence West at right angles with the last mentioned 'tine 524.1 feet; thence North at right' angles with the last mentioned line 418.9 feet to a point in the South right-of-way line of County Highway "W"; thence Southeasterly along thie• right-of-way line of said County ,'.Highway "W" 524.2 feet to the point of beginiing,•as shown by -plat recorded in Plat Book 5, page 31, Plat Records, Recorder's Office, Johnson County, Iowa, except therefrom-' that portion previously'deaded to the City of Iowa City. (Ln+-heran_Church of 'Christ the Kin pro ert , corner of Melrose Avenue and Mormon re r iI:'7U ""-'"" —'— 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 u;rkarcc�n and seconded by White that the Ordinance be adopEed and upon roll call there were: AYES: NAYS: ABSENT: Brandt v . Connell Y Czarnecki X Hickerson v White Y Passed and approved this is day of July 19_72. Mayor First Reading 6 20 7a T.v ATTEST Second Reading 7- .3 7,L%O �o,,X Cy Clerk Third Reading 7-18-72TO ORDINANCE NO. 72-2638 AN ORDINANCE REGULATING THE IMPOUNDMENT OF MOTOR VEHICLES AND THE DISPOSAL THEREOF; PROVIDING PEN- ALTIES FOR ABANDONING MOTOR VEHICLES; AND REPEALING SECTIONS 6.50.1 AND 6.50.2 OF THE CODE OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE The purpose of this Ordinance is to provide for the regulation, impoundment, and disposal of motor vehicles; to provide penalties for the abandonment thereof; and to provide for the protection of the health and welfare of the citizens of Iowa City, Iowa. SECTION II DEFINITIONS. The following definitions shall apply to this Ordinance: A. Abandoned vehicle means any of the following: 1. A motor vehicle that has been left unattended on public property for more than 48 hours and lacks current registration plates or two (2) or more wheels or other structural parts which renders it totally inoperable, or 2. A motor vehicle that has remained illegally on public prop- erty for more than fifteen days, or 3. A motor vehicle that has been unlawfully parked on pri- vate property or has been placed on private property without the con- sent of the owner or person in control of the property for more than twenty-four hours, or 4. A motor vehicle that has been legally impounded by order of the police department and has not been reclaimed for a period of thirty days. B. Demolisher means any city or public agency organized for the disposal of solid waste, or any person whose business it is to con- vert a motor vehicle to junk, processed scrap or scrap metal, or other- wise to wreck, or dismantle vehicles. C. Police Department means the Police Department of the City of Iowa City, Iowa. SECTION III IMPOUNDMENT AUTHORIZED. Any parked motor vehicle found in violation of the Code of Iowa City, Iowa, may, upon order of the Police Department, be towed to the Municipal Motor Vehicle Impound- ing Lot or other designated place. The owner of an impounded motor -2 - Ordinance No. �,b38 vehicle shall pay all impoundment fees, fines, towing, and storage costs as established by Resolution before said vehicle shall be released by the Police Department. SECTION IV AUTHORITY TO IMPOUND ABANDONED MOTOR VEHICLES. The Police Department shall take into custody any abandoned motor vehicle on public property and may take into custody any abandoned motor vehicle on private property. The Police Department may employ its own personnel, equipment, and facilities or hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or dis- posing of abandoned motor vehicles. SECTION V NOTIFI'CATI'ON OF 'OWNER AND LIENHOLDERS. A. The Police Department shall, upon impounding an abandoned motor vehicle, notify within ten (10) days the last known registered owner and all lienholders of record of the motor vehicle by certified mail, addressed to their last known address of record. B. Said notification shall communicate the following information: 1. That the abandoned motor vehicle has been impounded. 2. Describe the year, make, model, and serial number of the motor vehicle. 3. Set forth the location where said vehicle is impounded. 4. That the owner and any lienholders have a right to reclaim said vehicle within 14 days of the date of mailing of the notice upon payment of all towing, preservation, and storage charges resulting from placing the motor vehicle in custody. 5. That failure by the owner or lienholders to exercise their right to reclaim said vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in said vehicle and that such failure to reclaim is deemed consent to the sale at public auction or disposal to a demolisher of the impounded motor vehicle. C. If the identity of the last registered owner cannot be deter- mined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, then notice by one publication in one newspaper of general circulation in Iowa City, Iowa, shall be given -3 - Ordinance No. within the notification period set forth in subsection A and contain the information required by subsection B. D. The owner or any lienholder may, by written request delivered to the Police Department prior to the expiration of the 14 -day reclaiming period, obtain an additional 14 days within which to reclaim. SECTION VI DISPOSAL OF ABANDONED MOTOR VEHICLES. Prior to disposal of an abandoned motor vehicle, the Police Department shall determine whether or not the motor vehicle is to be sold for use upon the highways. A. If the motor vehicle is to be sold for use on the highways, the Police Department shall cause said vehicle to be inspected and have a valid certificate of inspection affixed thereto. B. If the motor vehicle is not sold for use upon the highways, it shall only be sold by the Police Department: 1. To licensed new or used motor vehicle dealers, or 2. To demolishers for junk, or 3. As scrap after demolition. C. A sales receipt shall be provided to the transferee by the Police Department whenever a motor vehicle is sold or transferred by the Police Department. SECTION VII PUBLIC AUCTION OF ABANDONED MOTOR VEHICLES. All motor vehicles sold by the Police Department shall be sold at public auction except abandoned motor vehicles which lack an engine or two (2) or more wheels or other structural part which renders the vehicle totally inoperable, in which case the vehicle shall be sold to a demolisher for junk without the notification procedures enumerated in Section V. SECTION VIII DISBURSEMENT OF PROCEEDS. A. From the proceeds of the sale of an abandoned motor vehicle, the Police Department shall reimburse the City of Iowa City, Iowa, for: 1. Expenses of the auction, and 2. Costs of towing, preserving, and storing, and 3. Costs of notice and publication, and 4. Cost of inspection, and 5. Any other costs incurred except bookkeeping and other ad- ministrative costs. B. Any remainder from the sale proceeds shall be held for 90 -4 - Ordinance No. 2638 days for the owner or entitled lienholder and shall then be deposited in the Reimbursement Fund established by the Department of Public Safety. C. Whenever the proceeds from the sale of abandoned motor vehicles are insufficient to meet the expenses and costs enumerated in subsection A, said costs and expenses shall be paid from the Reimbursement Fund of the Department of Public Safety. SECTION IX MISDEMEANOR. Any person, firm, or corporation who abandons a motor vehicle shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $100.00 or by imprisonment not exceeding 30 days. SECTION X REPEALER. Sections 6.50.1 and 6.50.2 of the Code of Iowa City, Iowa, are hereby repealed; and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION XI SAVINGS CALUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, pro— vision, or part thereof not adjudged invalid or unconstitutional. SECTION XII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Hickerson and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt x Connell K Czarnecki x Hickerson X White Mayor ATTEST: 1$t 11AL��u d 1 -SFS 1°j 10 City Clerk o�it�d^ read h Y F- / 7a % 0. �YZ%V-eadLHel ?_ ?L T. o ORDINANCE N0. 72-2639 AN ORDINANCE AUTHORIZING DANCING IN CONNECTION WITH THE OPER- ATION OF A LIQUOR CONTROL LICENSE OR A CLASS B BEER LICENSE: PROVIDING FOR THE LICENSING AND REGULATIONS THEREFORE; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE The purpose of this Ordinance is to authorize dancing in connection with the operation of a liquor control license or a class B beer permit within the corporate limits of Iowa City, Iowa, and to provide for the licensing and regulations therefore. SECTION II AUTHORIZATION. Dancing is hereby authorized in connection with the operation of a liquor control license or a class B beer permit in establishments having at least 200 square feet for dancing subject to the licensing provisions and regulations of this Ordinance and the statutes of the State of Iowa. SECTION III LICENSE REQUIRED. It shall be unlawful for any holder of a liquor control license or a class B beer permit to allow dancing in connection with the operation of said business without first securing a license therefore from the City Clerk of Iowa City, Iowa. SECTION IV APPLICATION. A verified application for a license to allow dancing in connection with the operation of a liquor control license or a class B beer permit shall be filed with the City Clerk and shall contain the following information: A. The name and address of the applicant. B. The location of the place of business of the liquor control license or class B beer permit. C. That he is a bonafide holder of a liquor control license or a class B permit. D. That he consents to the entry of members of the Iowa City Police, Fire, and Health Departments without a search warrant to inspect the premises for violations of this Ordinance. E. A statement from the Chief of Police, the Fire Chief, and the Building Inspector that the premises comply with the Ordinances of the City of Iowa City and the statutes of the State of Iowa. F. A detailed sketch and description of the premises. Said sketch shall include all rooms or enclosures which are operated -2 - Ordinance No.�_ in connection with the said liquor control license or class B beer permit wherein the dancing shall be allowed and shall show the area designated for dancing and its dimensions. G. A check, money order, or bank draft for the license fee required by the provisions of this Ordinance. SECTION V LICENSE FEE. The annual license fee shall be fifty dollars ($50.00) for each 200 square feet of dancing area. Said fee shall be prorated for fractions of the square foot requirements. The initial license shall be valid for the same time period as the appli- cant's liquor control license or class B beer permit, and the cost thereof shall be prorated on that basis of time. SECTION VI LICENSE ISSUANCE. If an application is in the proper form, the City Clerk shall place the application on the agenda of the next regular Council meeting at which the City Council may by resolu- tion grant a license if this Ordinance has been complied with. If the resolution is approved, the City Council shall issue a license to the applicant. SECTION VII REVOCATION. In the event that an applicant violates any of the provisions of this Ordinance or Ordinance #2605 or Chapter 123 of the Code of Iowa, his license shall be automatically revoked; and no refund shall be made of the license fee. SECTION VIII REFUNDS. Any license holder who shall voluntarily surrender his license shall be entitled to a refund for the balance of the term remaining. SECTION TX MISDEMEANOR. Any person who violates any provisions of this Ordinance shall be subject to a fine of not to exceed one hundred dollars ($100) or to imprisonment for not more than thirty (30) days. n, SECTION X SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged 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 un- constitutional. -3 - Ordinance No. 2639 SECTION XI EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval, and publication as required by law. It was moved by Hickerson and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell )C Czarnecki x " "" Hickerson x White MAYOR ATTEST:.... . City Clerk kb- Yead,Hc� b'-1-YZ Ta, TV• ORDINANCE NO. 72-2640 AN ORDINANCE AMENDING CHAPTER 7.06 OF THE CODE OF IOWA CITY,IOWA; PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES; PROHIBITING THE PARKING OF MOTOR VEHICLES ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT; REPEALING SECTIONS 7.06.6, 7.06.9, 7.06.11, and 7.06.15; 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 amend Chapter 7.05 of the Code of Iowa City, Iowa; provide for the impoundment of motor vehicles; and prohibit parking of motor vehicles on private property without the owner's consent. SECTION II AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by repealing Sections 7.06.6, 7.06.9, 7.06.11, and 7.06.15 and enacting the following in lieu thereof: 7.06.6 NUISANCE. It is hereby declared that the parking of motor vehicles upon private property without the consent of the property owner or party in possession is a nuisance under the ,provisions of Chapter 657 of the Code of Iowa, as amended. 7.06.9 IMPOUNDING. If any motor vehicle is parked upon private property in violation of the provisions of 7.06.6, the Chief of Police or any police officer may order said vehicle towed to the Municipal Motor Vehicle Impounding Lot or any other place of safekeeping. The cost of said towing and storage, as set by Resolution, in addition to any fines or penalties which may be fixed as provided by Ordinance, shall be charged to and paid by the owner or operator of said motor vehicle before its release from custody. 7.06.11 NUISANCE. It is hereby declared that the storage of obsolete motor vehicles or junk vehicles, excepting those allowed by Section 7.06.13, is dangerous to the health and welfare of the citizens of Iowa City, Iowa, and is a nuisance under the provisions of Chapter 657 of the Code of Iowa, as amended. 7.06.15 IMPOUNDING. If any obsolete motor vehicle or junk vehicle is stored on property in violation of the provisions of Section 7.06.11, the Chief of Police or any police officer may order said vehicle towed to the Municipal Motor Vehicle Impounding Lot or any other place of safekeeping. The cost of said towing and storage, as set by Resolution, -2 - Ordinance No. 2640 in addition to any fines or penalties which may be fixed as provided by Ordinance, shall be charged to and paid by the owner or operator of said motor vehicle before its release from custody. SECTION III REPEALER. Sections 7.06.6, 7.06.9, 7.06.11, and 7.06.15 of the Code of Iowa City, Iowa, and all other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby.repealed. SECTION IV SAVINGS CLAUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, pro- vision, or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Conned and seconded by T4inicpr.qnn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Connell X Czarnecki X ... .. Hickerson X ...... White Attest: City Clerk �ndveaa�vc� g- I-�a -ro 8-60-72- Tv MAYOR ORDINANCE NO. 72-2641 AN ORDINANCE REPEALING SECTION 7.18.3 OF THE CODE OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to repeal Section 7.18.3 of the Code of Iowa City, Iowa. SECTION II REPEALER. Section 7.18.3 of the Code of Iowa City is hereby repealed. SECTION III EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Connell and seconded by Hickerson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell X_ Czarnecki x Hickerson x White MAYOR ATTEST: G4- 1� C City Clerk � 0 1- %-'1oc� 1 O �ndrea�l�v.5 rO- ?raiY�ad�tik T-0-72 TU•• Cys t 6 P v ee-tS 111L11 u(LLJ U1 19-z6H'� AN ORDINANCE AMENDING ORDINANCE NO. 2605 BY REDEFINING "LEGAL AGE" IN ORDER TO CONFORM WITH STATE LAW. W BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend Ordi- nance No. 2605 by redefining "Legal Age" in order to conform with State Law. SECTION II AMENDMENT. Ordinance NO. 2605 is hereby amended by re- pealing sections II V. and XIX D. and enacting the following in lieu thereof: SECTION II V. "Legal age" means nineteen years of age or more. SECTION XIX 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 nineteen 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 50% of the gross business of the licensee or permittee. SECTION III REPEALER. Sections II V. and XIX D. of Ordinance No. 2605 and all other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court 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 V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by White and seconded by onnnall that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell K Czarnecki x Hickerson x White 1�- ATTEST: City Clerk MAYOR) at�d Yead�K� vea.d � tiq `v- g-1 10 8-1-71 TU. 0- V-72-T7ci- ORDINANCE NO. 72-2643 AN ORDINANCE REPEALING SECTIONS 6.06.8, 6.16.19 E., 6.30.8, AND 9.10.55 E. OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to repeal Sections 6.06.8, 6.16.19 E., 6.30.8, and 9.10.55 E. of the Municipal Code of the City of Iowa City, Iowa. SECTION'II REPEALER. Sections 6.06.8, 6.16.19 E., 6.30.83 and 9.10.55 E. of the Code of Iowa City, Iowa, are hereby repealed. SECTION III EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law It was moved by WhIf- P and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell X Czarnecki x Hickerson x White MAYOR ATTEST: QU City Clerk ao `14�� Yea-Aivy 7.1, 7;U. ��dveadiHi 0 -e -72.T•0• ORDINANCE NO. 72-2644 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA; ESTABLISHING FIRE ZONE LIMITS; AND REPEALING SECTIONS 3.06.1 E., 3.06.5, 3.06.6, 3.06.7, AND 3.06.8 A -E. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend Section 3.06.1 E. by establishing fire zone limits and to repeal Sections 3.06.5, 3.06.6, 3.06.7, and 3.06.8 A. -E. of the Code of Iowa City, Iowa. SECTION II AMENDMENT. Section 3.06.1 E. is hereby repealed and the following is enacted in lieu thereof: 3.06.1 E. FIRE ZONE LIMITS. The following shall be the fire zone limits for the City of Iowa City, Iowa: 1. Fire Zone No. 1 shall include all that portion of the City of Iowa City, Iowa, zoned as CB (Central Business Zone). 2. Fire Zone No. 2 shall include all that portion of the City of Iowa City, Iowa,zoned as follows: Cl (Local Commercial Zone) CH (Highway Commercial Zone) C2 (Commercial Zone) R3B (Multi -Family Residence Zone) M1 (Light Industrial Zone) M2 (Heavy Industrial Zone) IP (Industrial Park Zone) PC (Planned Commercial Zone) 3. Fire Zone No. 3 shall include all that portion of the City of Iowa City, Iowa, zoned as follows: R1A (Single Family Residence Zone) R1B (Single Family Residence Zone) R2 (Two Family Residence Zone) R3 (Multi -Family Residence Zone) SECTION III REPEALER. Sections 3.06.1 E., 3.06.5, 3.06.6, 3.06.7, and 3.06.8 A. -E. of the Code of Iowa City, Iowa, and all other .,�qw Ordinance No. Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court of competent jursidiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, pro- vision, or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. It was moved by Hickerson and seconded by onn l that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell X Czarnecki x Hickerson x White ATTEST:(21" City Clerk 7-►s-�a � v 9- 9-7i T.U. MAYOR ORDINANCE N0. 72-2645 AN ORDINANCE AMENDING THE CODE OF IOWA CITY, IOWA, TO CONFORM TO STATE VOTER REGISTRATION LAW; AND REPEALING CHAPTER 2.50 OF THE CODE OF IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I PURPOSE. The purpose of this Ordinance is to amend the Code of Iowa City, Iowa, in order to conform to State Voter Registration Law and to repeal Chapter 2.50 of the Code of Iowa City, Iowa. SECTION II PERMANENT REGISTRATION REQUIRED. There is hereby adopted in the City of Iowa City, Iowa, the plan of permanent registration for voters therein; and no qualified voter shall be per- mitted to vote at any election unless such voter shall register as provided in Chapter 48 of the Code of Iowa, as amended. SECTION III DEFINITION. For the purposes of this Ordinance the word "elections" shall be held to mean general, municipal, special, school, or primary elections, and shall include state, county, and muni- cipal elections. SECTION IV REPEALER. Chapter 2.50 of the Code of Iowa City, Iowa, and all other 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 required by law. It was moved by S4;akarcon and seconded by conned that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS x x aRCF`NrP Brandt Connell Czarnecki Hickerson White ATTEST: am z4LL City Clerk MAYOR ORDINANCE NO. 2646 AN ORDINANCE VACATING VARIOUS PARCELS OF LAND IN IOWA CITY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. That the property in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: 1. The following portion of Maiden Lane described as follows: Beginning at the southeast corner of Lot 4, Block 22, County Seat Addition which is also the northwest corner of the inter- section of Lafayette Street and Maiden Lane; thence north along the west line of Maiden Lane to the intersection with a line that is 35 feet easterly and parallel with the centerline of the new paving; thence northeasterly along a line parallel and 35 feet easterly of the centerline of the new paving to its intersection with the east line of Maiden Lane; thence south along the east line of Maiden Lane to its intersection with the north line of Lafayette Street extended east; thence west along the extension of the north line of Lafayette Street to the paint of beginning. 2. A portion of Gilbert Street described as follows: Beginning at the northwest corner of Lot 6, Block 2, Lyon's First Addition which point is also on the east line of Gilbert Street; thence south along the east line of Gilbert Street to the northerly right-of-way of the Chicago, Rock Island & Pacific Railroad; t;lenee westerly along the northerly right-of-way of the Chicago, Rock Island & Pacific Railroad to a point that is 35 feet easterly of the centerline of the new paving; thence northerly along a line parallel and 35 feet easterly of the centerline of the now paving to the extension of the north linevof said lot 6; thence east along the extension of said Lot 6 to the point.of beginning. 3. The following described alley: All that portion of the alley south of Lot 5 and 6, Block 2, Lyon's First Addition. 4. That portion of Gilbert Street described as follows: That portion of the existing right-of-way of Gilbert Street that lies east of the east line of Maiden Lane south of the south line of Lot 12, Block 5, Lyon's First Addition and westerly of a line parallel and 35 feet westerly from the conterline of the new paving. S. All that portion of Linn Street that lies north of the north line of Lafayette Street and south of the south line of Des Moines Street. A 6. All that portion of Linn Street that lies south of the south line of Lafayette Street and north of the south line of Lot 2 in Block 28 and 29 of County Seat Addition. 7. All that portion of Linn Street which lies south of the south line of Benton Street east or 6„e west lirye of Linn Street north of the north line of Lot 24, White's Subdivision of Outlot 4 and westerly of a line parallel and 35 feet westerly of the centerline of the new paving. Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by Rinkarcnn and seconded by Connell that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt _ x Connell x Czarnecki Hickerson x White x x Passed and approved this 22 day of August , 1972. 11(76�1 Mayor ATTEST: vl� ` "-c City Clerk First Reading Q 72- D' Second Reading Third Reading i ORDINANCE NO. 2647 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF IOWA CITY, ESTABLISHING FOR THE SUSPENSION OF BUILDING PERMITS PENDING AMENDMENTS TO THE ZONING MAP -AND PROVIDING FOR THE ENFORCE- MENT HEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to a§tablish a procedure for the suspension of the issuance of building permits for any area or areas within the City of Iowa City, Iowa which is under consideration by the City Council for rezoning in order to maintain the status quo of said area or areas so that the proposed rezoning which may be in the public interest is not rendered meaningless by the erection of non -conforming uses in said area or areas while changes in the zoning are pending. SECTION II SUSPENSION OF ISSUANCE OF BUILDING PERMITS. No building permit for the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of sixty (60) days after the City Council of Iowa City has set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone an area which re- zoning would prohibit the building or use contemplated by the requested permit in the area concerned. Provided, that if final action by the City Council is not taken on the question within sixty (60) days of the time the matter is set for public hearing, the permit or license shall issue. If within the sixty (60) day period the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of said zone shall thereafter be in effect. If within the sixty (60) day period the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued based upon current zoning regulations. SECTION III SUSPENSION OF CONSTRUCTION UNDER ISSUED PERMIT. If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other action shall be suspended for a period of sixty (60) days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within sixty (60) days, construction may be -2 - Ordinance No. 2647 commenced. If within the sixty (60) day period the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of that zone shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the Council shall vote on said ordinance and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of work under the provisions of this Ordinance may not be invoked and are not applicable if previously said permit has been suspended under the provisions of this Ordinance. SECTION IV LIMITATION. No property or area within the City shall be subject.to the suspension provisions of this Ordinance unless twelve (12) months shall have expired after a previous suspension period, said twelve (12) month period to commence with the final day of the sixty (60) day sus- pension period provided for in this Ordinance. SECTION V SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged by any Court of competent jurisdic- tion 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 REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by rnnnel1 and seconded by white that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Connell x Czarnecki x Hickerson _ X White MAYOR -3 - Ordinance No. 2647 ATTEST: CITY CLERK 1st Reading —d C -7L). %U 2nd Reading '�'- /"5 - 7 a � 0 3rd Reading Z- 2 2 - -71 „, Passed and approved this 22 day of August , A.D., 1972. ORDINANCE NO. 72-2648 AN ORDINANCE ESTABLISHING THE CENTERLINE GRADE OF CERTAIN STREETS, AVENUES 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 SECOND STREET Centerline Linn Street 60.85 330' East of centerline of Linn Street, End 62.20 WASHINGTON STREET Centerline Washington Park Road 148.99 140' East of Centerline of Washington PC 154.61 Park Road 340' East of Centerline of Washington . PT 166.63 Park Road 360' East of Centerline of Washington PC 168.33 Park Road 770' East of Centerline of Washington PT 170.57 Park Road 1085' East of Centerline of Washington PC 147.34 Park Road 1325' East of Centerline of Washington PT 143.66 Park Road Section II. Repealer All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Effective Date This ordinance shall be in effect after its final passage and publication as provided by law. It was moved by White and seconded by Hickerson that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x First Reading Q-/�-9� yO' Czarnecki x Second Reading q -/2.7,;k 7..d• Third Reading Hickerson x White x Passed and approved this 19th day of Sept., 1972. �� ATTEST: (zzz= MAYOR City Clerk ORDINANCE NO. 72-2649 l AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIB to R2 Zone. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIB and the boundaries of i -n 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: Lots 1,2,3 and 4, Block 30, East Iowa City, Iowa according to the redorded plat thereof except for the following: Commencing at the north-east (NE) corner of Lot 1, Block 30 in East Iowa City, Iowa, according to the recorded plat thereof, thence west along the south side of I Street for a distance of 70 feet, thence south parallel with the west line of said Lot 1,100 feet, thence east 70 feet to the west side of Fourth Avenue, thence north along Fourth Avenue 100 feet to the place of beginning. as requested by Atty. Wm. Meardon for Stanley Cross 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 Hickerson and seconded by White that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White x Passed and approved this 26 day of Sept. 1972 . Mayor ATTEST L�164_ �� �First Reading LL/ y:{ ie. i Second Reading ��, City Clerk Third Reading 1 -fib- Ie -T ORDINANCE NO. 72-2650 AN ORDINANCE VACATING A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. That the portion of Clinton Street in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: The west 35' of the east 55' of Clinton Street adjacent to Lots 4 and 5, Block 81; and Lots 4 and the north 83' of 5, Block 82, Original Town. SECTION II EFFECTIVE DATE. This Ordinance shall be in full force and effect when published by law. SECTION III REPEALER. All ordinances or parts of ordinances in conflict with the provision of this ordinance is hereby repealed. It was moved by Hickerson and seconded by rnnnoll that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt _x Czarnecki x_ Connell x Hickerson x White ATTEST: �(C City Clerk 1st Reading °-ado-1 70 2nd Reading 0 3rd Reading /0-3-7;)- 70 Passed and approved this I_ day of Dc�ob�r , A.D., 1972. ORDINANCE NO. 72-2650-p, AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RlA to RIB Zone BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA and the boundaries Of to 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: The SE 1/4 of Section 13 and the E11/2 of the NE 1/4 of Section 24 lying North of the right of way of Chicago Rock Island & Pacific Railroad Company, all in Township 79 North, Range 6 West of the 5th P.M. except that part contained in Part I Village Green Addition, Part II Village Green Addition and Part III Village Green Addition to Iowa City, Iowa Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. It was moved by Connell and seconded by Hickerson that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White x Passed and approved this 10th day of October 19 72, �d� � � May r First Reading J,b 13, T-0 ATTEST: -��? _ /� � % Second Readingio-3-7 t .0• City Clerk Third Reading /D -/v-72 7, 0. Requested by Iowa City Development Company Approved by P&Z ORDINANCE NO. 72-2651 AN ORDINANCE ADOPTING COUNCIL-MANAGER AT LARGE FORM OF CITY GOVERNMENT. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to adopt by Ordinance a Charter embodying the existing form of Government Council -Manager at Large, pursuant to Division IV of H.F. 574 known as the Municipal Home Rule Act which is Chapter 1088 of the Acts of the Sixty -Fourth General Assembly. SECTION II ADOPTION. The City of Iowa City hereby adopts as its Charter the existing form of Government Council -Manager at Large. All existing Ordi- nances and Resolutions of the City of Iowa City shall remain in full force and effect until such time as repealed or modified by the City Council of Iowa City, Iowa. SECTION III CERTIFICATION. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the Office of the Secretary of State of the State of Iowa for filing in said office. It was moved by White and seconded by Hi .k r son that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X x X �s ATTEST: City Clerk 1st Reading 2nd Reading 3rd Reading 8-17-72 TO 8-17-72 TO 8-17-72 TO Brandt Connell Czarnecki Hickerson White Passed and approved this 17 day of October, A.D., 1972. ORDINANCE NO. 22-2652 AN ORDINANCE ESTABLISHING AND DESCRIBING A VOTING PRE- CINCT WITHIN THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA, SPECIFICALLY PRECINCT NUMBER 1, AND AMEND- ING ORDINANCE NO. 72-2623, AND ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE CITY OF IOWA CITY, IOWA SECTION I PURPOSE. The purpose of this Ordinance is to establish the new oundaries for Precinct Number 1, precincts within the corporate limits of the Cit'� of Iowa City, Iowa, to correct a mistake in Ordinance Number'C72-2623, description of said precinct and to amend Ordinance Number 72-2623 thereby. SECTION II ESTABLISHMENT. There is hereby established in the City of Iowa City, Iowa, the following Voting Precinct Number 1 set forth herein: Beg. at intersection of Riverside Dr. and West Benton St., then N along Riverside Dr. to centerline of CRI&P R.R. ROW, W along said ROW to intersection with Olive Street, N along Olive St. to Myrtle Ave., W along Myrtle Ave. to Brookland P1., N along Brookland Pl. to Brookland Park Dr., W along Brookland Park Dr. to Melrose Ct., N along Melrose Ct. to Melrose Ave., W along Melrose Ave. to cor- porate limits of City of Iowa City, follow corporate limits of City of Iowa City SE, then W, then S, then W to inter- section with George St., then S along George St. to inter- section with Oakcrest St., E along Oakcrest St. to inter- section with Oaknoll Dr., S along Oaknoll Dr. to intersection with West Benton St., E along West Benton St. to pt. of beg. SECTION III REPEALER. Ordinance Number 72-2623, Section II, Sub -section 1 , establishing Precinct Number 1 is hereby re- pealed and boundaries thereof satisfied to be replaced by the boundaries established in this Ordinance, and all ordinances or parts of ordinances in conflict of this provision of this ordinance are hereby repealed. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect at the passage or approval and publication as provided by law. It was moved by white and seconded by ronnjj that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BrandtExL�n✓ x Connell d x Czarnecki /0-a y -yam T. v. x Hickerson White Passed and approved this 2_ day of ATTEST: l.( f / �' �) ZL-) City Clerk 1972.2. Mayor ORDINANCE NO. 79-2553 AN ORDINANCE AUTHORIZING THE PLACEMENT AND MAINTENANCE OF TEMPORARY MODULAR STRUCTURES IN THE CENTRAL BUSINESS .ZONE 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 authorize the construction, placement and maintenance of temporary modular units by the City of Iowa City, Iowa, in the Central Business Zone of Iowa City, Iowa, and to make any and all exceptions from building regulations necessary in order to aid in the implementation of an urban renewal project. SECTION II AUTHORIZATION. The City of Iowa City, Iowa, is here- by authorized to purchase, place and maintain temporary modular structures in the Central Business Zone of Iowa City, Iowa, to effec- tuate business relocation for the City -University Project, Iowa R-14. SECTION III EXCEPTIONS TO BUILDING REGULATIONS. In accordance with the provisions of Section 403.12 (1) (h) of the Code of Iowa, the provisions of the Iowa City Building Code and all other regulations in conflict with the plans and specifications of the Business Relo- cation Mall, City -University Project, Iowa R-14, are hereby excepted from in order to implement said Urban Renewal Project. SECTION IV 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 sec- tion, provision, or part thereof not adjudged invalid or unconstitu- tional. SECTION V EFFECTIVE DATE. This Ordinance,shall be in effect after its final passage, approval, and publication as required by law. It was moved by Connell and seconded by r7arnecki that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BRANDT x CONNELL x CZARNECKI X HICKERSON _T. x WHITE Ordinance No. 72-2653 page 2 MAYOR ATTEST: L/ City Clerk 1st Reading /,-) -a z/- 7,7_ T. o 2nd Reading 70 - a /- 7J, T d 3rd Reading 7j�-a-/-79 "rc. Passed and approved this 24 day of October , A.D., 197 ORDINANCE NO. 72-2654 An Ordinance establishing the property line edge grade of certain sidewalks in Iowa City, Iowa. Be it ordained by the City Council of Iowa City, Iowa: Section I The elevation in feet above the top of the curb is hereby established for the following sidewalks: A. Benton Street - North Side 0+00 Centerline Mormon Trek Blvd. 0+40 Match Curb at Mormon Trek 0+50 to 13+00 0.20 13+40 Match Existing Walk 0.30 14+87 Match Curb at Keswick Drive 15+00 to 19+50 0.20 19+75 Match Curb at Westgate Street 5+34 20+40 Match Curb at Westgate Street 20+50 to 26+00 0.20 26+08 Match Curb at Emerald Street Match Existing B. Benton Street - South Side 5+82 0+00 Centerline Mormon Trek 25+41 Match Curb at Estron Street 25+50 8+05 0.00 26+00 1.35 26+20 Match Existing Drive 26=60 Match Existing Drive 27+00 1.70 27+50 1.50 28+00 0.50 28+50 to 29+00 0.00 29+35 Match Existing Walk C. Emerald Street 0+00 Centerline of Benton Street 0+50 to 3+00 0.40 3+50 0.35 4+00 0.30 4+50 0.30 5+00 0.25 5+34 Match Existing Drive 5+59 Match Existing Drive 5+77 Match Existing Walk 5+82 Match Existing Walk 6+00 to 7+50 0.25 8+05 Match Existing Drive T C. Emerald Street Continued 8+30 Match Existing Drive 0.45 8+45 Match Existing Walk 0.30 8+50 Match Existing Walk 0.45 8+75 to 10+50 Walk 0.25 10+77 Match Existing Drive 11+02 Match Existing Drive 0.45 11+17 Match Existing Walk 11+21 Match Existing Walk 11+25 to 12+50 0.25 12+53 Match Existing Walk 12+56 Match Existing Walk 12+75 to 19+50 0.25 20+07 Match Existing Drive 20+25 Match Existing Drive 20+50 to 20+75 0.25 20+95 Match Existing Drive 21+22 Match Existing Drive 21+75 0.25 21+95 Match Curb at Melrose Avenue D. Mormon Trek Blvd. 0+00 13+28 to 16+20 0.45 16+30 to 16+70 0.30 16+80 to 22+50 0.45 23+11 Match Existing Walk 32+00 Match Existing Walk 32+50 to 35+00 0.45 35+54 Match Existing Drive 35+84 Match Existing Drive 36+00 to 39+00 0.25 39+17 Match Existing Walk Any and all Ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance are hereby repealed. It was moved by White and seconded by Hickerson that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Brandt 10-1-V X Connell Tc X Czarnecki I�c.cQMy �s-ay x Hickerson nn T. X White c�Yd Nea� u� /0-31 Tx Passed and approved this 31 day of October , 1972. ATTEST: City Clerk Mayor JRDINANCE NO. 72_2655 AN ORDINANCE AMENDING THE CODE OF IOWA CITY, IOWA; ESTABLISHING THE TERM OF OFFICE AND THE EFFECTIVE DATE OF APPOINTMENT TO SAID TERM FOR MEMBERS OF THE PARK,;AND RECREATION COMMISSION; AND REPEALING SECTION 3.34.1C OF THE CODE IOWA CITY, IOWA. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend the Code of Iowa City, Iowa, by establishing the term of office and the effective date of appointment to said term for members of the Park and Recreation Commission SECTION II AMENDMENT. Section 3.34.1C of the Code of Iowa City, Iowa, is hereby repealed and the following is enacted in lieu thereof: 3.34.1C TERMS. The term of office of each member or commissioner appointed by the Mayor shall be four (4) years; but of the members appointed on January 1, 1973, two (2) shall be appointed for four (4) years and shall serve until January 1, 1977, and two (2) shall be appointed for three (3) years and shall serve until January 1, 1976; and of those members appointed on January 1, 1975, two (2) shall be appointed for four (4) years and shall serve until January 1, 1979, and one (1) shall be appointed for three (3) years and shall serve until January 1, 1978. Thereafter all shall be appointed to serve four (4) year terms. The term of office for each member designated by the Iowa City School Board and the Iowa City Council of Parent and Teacher Association shall be one (1) year lst of the year of appointment. All terms shall commence on January SECTION III REPEALER. Section 3.34.1C of the Code of Iowa City, Iowa, and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged 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. Ordinance No. 2655 page 2 SECTION V EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as required by law. It was moved by White and seconded by Connell that the Ordinance as read be adopted, and upon roll call there'were: AYES: NAYS: ABSENT: x BRANDT x CONNELL x CZARNECKI x HICKERSON x WHITE MAYOR ATTEST: City Clerk 1st Reading 1.0. 2nd Reading -r.o. 3rd Reading /0 - 3 r - Z T. o Passed and approved this al day of no oh,.r , A.D., 1922 ORDINANCE NO. 72-265Q AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIB to R2 Zone BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIB and the boundaries of to R2 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: Commencing in the center of Muscatine Avenue, formerly Highway #6 1808.4 feet east of the west quarter corner of Section 13, Township 79 North, Range 6 West of the 5th P.M. and on the east -west 1/2 section line, thence east 382.7 feet; thence north 133 feet; thence north- westerly 255 feet to a point that lies north 365 feet and east 265 feet from the point of beginning; thence north 367 feet; thence northwesterly to a point that is 31 feet east and 971.1 feet north of the point of begin- ning thence north 51 feet; thence west 31 feet south 0° 09' west 1022.1 feet to the point of beginning,(West of St. Mark's Methodist Church) Requested by Court Crest, Inc. 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 Hi ckprcnnand seconded by CzarnP .ki that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell X Czarnecki x Hickerson x White x Passed and approved this 14 day of November , 1932-. .l Mayor ATTEST: City Clerk i :,7 APPPni:F (> 2\1 PJ7 First Reading 16-31--11 To• Second Reading ';_1;i T.Q, Third Reading 1 I- 1 J • .' - .J, ORDINANCE NO. 72-2657 AN ORDINANCE AMENDING CHAPTER 5.22 OF THE CODE OF IOWA CITY, IOWA, BY EXCEPTING BUSINESSES DISPLACED BY URBAN RENEWAL FROM CERTAIN PROVISIONS OF CHAPTER 5.22 OF THE 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 except those businesses to be displaced by Urban Renewal and which are conducting Going -Out -Of -Business or Removal -Of -Business Sales from certain requirements of Chapter 5.22 of the Code of Iowa City, Iowa, specifically the license fee and bond. SECTION II AMENDMENT. Hereinafter, the requirements set forth in Sections 5.22.3B and 5.22.5, of the Code of Iowa City, Iowa, shall not be applicable to businesses to be displaced by Urban Renewal and which are conducting Going -Out -Of -Business or Removal -Of -Business Sales as a result thereof. SECTION III SAVINGS CLAUSE. In the event any section, provision, or part of this Ordinance shall be adjudged by any court of competent jurisidction 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 REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect at the passage or approval and publication as provided by law. It was moved by Czarnecki and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 21 /?ATTEST : l U� -U City Clerk 1s`., 2 :a4 & 3rd roading 11-21-72 To BRANDT CONNELL CZARNECKI HICKERSON WHITE day of November , 1972. Draft 11-13-72 ORDINANCE NO. 72-2658 AN ORDINANCE ESTABLISHING THE DEPARTMENT OF POLICE FOR THE CITY OF IOWA CITY; ESTABLISHING A DIRECTOR OF PUBLIC SAFETY TO ADMINISTER SAID DEPARTMENT; ESTABLISHING THE DUTIES OF SAID DIRECTOR AND THE DUTIES OF THE CHIEF OF POLICE, AND REPEALING CHAPTERS 2.18 AND 6.06 OF THE MUNICIPAL CODE. 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 Department of Police for the City of Iowa City, Iowa; to establish the position of Director of Public Safety to administer said department; to establish the duties of said director and the appointment thereof and to establish the duties of the Chief of Police and of the Department of Police. SECTION II ESTABLISHMENT OF DEPARTMENT OF POLICE. There is hereby established the Department of Police for the City of Iowa City, Iowa. The department shall be responsible for the enforcement and.maintenance of law and order within the City of Iowa City, Iowa, and shall enforce all police ordi- nances and regulations and shall be responsible for police patrol, investiga- tion of crimes, crime prevention and traffic regulation. The department shall conduct training courses for police personnel and conduct education programs and informational programs to the public to educate the public on law enforce- ment problems and procedures. The department shall cooperate with all other law enforcement agencies of the State, County and U.S. Government and of other jurisdictions. All personnel with the exception of the Director of Public Safety and the Chief of Police shall have civil service rights under Chapter 365 of the Code of Iowa. It shall be the duty of the Police Department of the City to enforce the provisions of Title VI of the Municipal Code. Officers of the Police Depart- ment are hereby authorized to direct all traffic, either in person or by means of visible or audible signals in conformance with the provisions of this section, provided that in the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the Police or Fire Department may direct traffic, as conditions may require, notwithstanding the provisions of this section. It shall be the duty of the Police Department of the City to enforce the provisions of Title VII of the Municipal Code and assist all other departments -2 - Ordinance No. 72-2658 of the City in the enforcement of ordinances adopted under the general police power as such assistance may be necessary. SECTION III DIRECTOR OF PUBLIC SAFETY. There is hereby established the Director of Public Safety who shall be appointed by the City Manager. The director shall direct the work of the Police Department of the City of Iowa City, Iowa. The director shall supervise the operation of the department and be responsible for the enforcement and maintenance of law and order in the City and the assignment of officers to such divisions of the department as shall be established. He shallsupervise the work of the Police Chief and delegate to said officers various responsibilities not in conflict with the provisions of this Ordinance or State law. In addition he shall have the following duties: 1. MAKE DIVISION ASSIGNMENTS. The director shall assign officers to each division of the department. 2. DISTRIBUTE MANPOWER. The director shall distribute his avail- able manpower among the following functions: records, patrol, investigation, crime prevention and traffic division. 3. RULES AND REGULATIONS. The director shall establish Rules and Regulations for the conduct of the Police Department and the performance of the duties of all personnel in the department. 4. REGULATIONS FOR ENFORCEMENT. The director is hereby empowered to make and enforce regulations necessary to make effective the provisions of this Title VI and Title VII of the Municipal Code and to make and enforce temporary regulations to cover emergencies or special conditions. S. AUTHORITY TO PAINT CURBS AND TO ERECT SIGNS. A. The director, as traffic conditions require, may cause curbings to be painted with a yellow color, or may erect signs, prohibiting parking or standing, where.standing or parked vehicles would restrict the visibility of moving traffic or constitute a hazard to moving traffic. It shall be unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or posted. B. Council Notification. Immediately upon causing curbs to be painted or signs erected, the director shall notify the Council in writing of his action setting forth the area paint- ed or posted and the reasons therefor. The Council, at the next regular meeting shall approve the actions or refuse to approve the same and order the signs or the paint removed, the same to be by resolution. C. The City Council may also on its own motion by resolution, as traffic conditions require, prohibit parking.on.certain streets and when the Council has so determined, the director shall cause curbs to be painted or signs to be posted as directed. -3 - Ordinance No. 72-2658 6. DESIGNATE SAFETY ZONES AND LANES FOR TRAFFIC. A. The director is hereby empowered to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. B. The director is hereby empowered to determine.those inter- sections at which operators of vehicles shall not make a left turn and shall place proper signs at such intersections. C. The director is also authorized to mark lanes for traffic on street pavements at such places as ha may deem advisable, consistent with the provisions of Title VI of the Municipal Code. 7. CROSSWALKS. The director is hereby authorized to establish and to designate and shall maintain or cause to be maintained by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary. 8. TEMPORARY NO PARKING AND ONE-WAY TRAFFIC. The director, or persons designated by him, is hereby authorized to prohibit parking on streets within the City of Iowa City, Iowa, on a temporary basis and to establish temporary one-way traffic on streets to expedite traffic when a special event or unusual circumstance occurs in Iowa City which creates an unusually large volume of traffic which in the opinion of the director or others`authorized by him create hazards to traffic and pedestrians. Whenever the director or persons authorized by him shall tempor- arily prohibit parking on a street or temporarily establish one- way traffic on a street, they shall cause appropriate notice to be given with the means of notice reasonably calculated to give notice to operators of motor vehicles of the prohibited parking or the one-way traffic movement. Such notice may be.by special signs or by temporary alteration of existing signs or signing method which may be deemed appropriate or by direction by individuals authorized by the director to direct such traffic and such parking. 9. RECORDS. The director shall establish a procedure for the reporting of all violations of police ordinances of the City to the Department of Police. 10. OTHER DUTIES. The director shall have such other duties as may be delegated to him by the City Manager or City Council. SECTION IV CHIEF OF POLICE. The Chief of Police shall be appointed by the City Manager pursuant to civil service law. The Chief of Police shall be in charge of the training program of the Police Department of the City and shall conduct such programs as directed by the director and shall assist the director of Public Safety in the supervision of police department personnel and shall perform such duties as shall be assigned to him by the director. He shall be responsible for,the discipline of the Police Department and in the event of the absence of or,inability to act of the director, the Police Chief shall assume the duties of the director. He shall be responsible for -4 - Ordinance No. 72-2658 supervision of the filing of all reports of the department required by law. SECTION V REPEALER. Chapters 2.18 and 6.06 of the Municipal Code and all ordinances or parts of ordinances in conflict with the provisions of this Ordi- nance are hereby repealed. SECTION VI EFFECTIVE DATE. This Ordinance shall be in full force and effect when published by law. SECTION VII SAVINGS CLAUSE. If any section, subsection, sentence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such adjudication shall not effect the validity of this Ordinance as a whole or any section; subsection, provision, sentence, clause, phrase or part of this Ordinance not adjudged invalid or unconstitutional. It was moved by Hickerson and seconded by Co nall that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ATTEST. �&Z l CITY CLERK 1st Reading 1 D 2nd Reading 1.0 3rd Reading 11-28-72 Brandt Czarnecki Connell Hickerson White Passed and approved this 28 day of November , A:D., 1972. I ORDINANCE NO. 72-2659 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA; ESTABLISHING FIRE ZONE LIMITS; AND REPEALING SECTION 3.06.1 E(3). BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend Section 3.06.1 E. of the Code of Iowa City, Iowa, by establishing fire zone limits. SECTION II AMENDMENT. Section 3.06.1,E43) is hereby repealed and the following enacted in lieu thereof: 3.06.1 E(3) Fire Zone No. 3 shall include all that portion of the City of Iowa City, Iowa, zoned as follows: R1A (Single Family Residence Zone) R1B (Single Family Residence Zone) R2 (Two Family Residence Zone) R3 (Multi -Family Residence Zone) R3A (Multi -Family Residence Zone) SECTION III REPEALER. Section 3.06.1 E(3) of the Code of Iowa City, Iowa, and all other Ordinances or parts of Ordinances in con- flict with the provisions of this Ordinance area hereby repealed. SECTION IV SAVINGS CLAUSE. In the event that any section, pro- vision, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such adju- dication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION V EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. It was moved by Hirkarcnn and seconded by umii that the Ordinance as read be adopted, and upon roll call there 0 were: AYES: 'NAYS: " ABSENT: G CONNELL CZARNECKI First Reading /_',-S--72, ro• Second Reading /� /l 7 i 0• Third Reading i1-19- i 1 + O. WHITE Passed and approved this 19 day of December/�� )' ATTEST: MAYOR �.=�• ��� ��=�_`-_-��__ City Clerk ORDINANCE NO.' 72-2660 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY REPEALING SECTION 6.46.12C.-(8) RELATING TO MOTOR VEHICLE EXHAUST REQUIREMENTS AND ENACTING NEW REQUIREMENTS THEREFORE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to amend the motor vehicle exhaust requirements thereby providing for the health, safety, and welfare of the citizens of Iowa City, Iowa. SECTION II AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by repealing Section 6.46.12C.(8) and enacting the following in lieu thereof: 6.46.12C.(8) No motor vehicle shall be operated in Iowa City, Iowa, equipped with glasspacks, glaspacks, or fiberglas packed mufflers. SECTION III REPEALER. Section 6.46.12C.(8) of the Municipal Code of Iowa City, Iowa, and all other ordinances or parts of ordi- nances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged 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. i Ordinance No. 72-2660 page 2 SECTION V EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as required by law. It was moved by Hickerson and seconded by W,ite that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BRANDT CONNELL CZARNECKI HICKERSON WHITE Passed and approved this 19 day of December, 1972. MAYOR ATTEST: _ / City Clerk 1st reading 7-61 2nd reading 7'� TO. 3rd reading 12-19-72 T.O. Passed and approved this day of , A.D., 19 ORDINANCE NO. 9rf t AN ORDINANCE ESTABLISHING THE PROCEDURE FOR ESTABLISHING PERSONNEL PROCEEDURES, RULES AND REGULATIONS FOR THE EMPLOYEES OF THE CITY OF IOWA CITY AND REPEALING CHAPTER 2.40 OF THE MUNICIPAL CODE AND ORDINANCES NO. 2260, 2440, 2470, 2583, AND 2600. BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I PURPOSE. The purpose of this Ordinance is to establish a pro- ceedure for adopting by resolution of the City Council, Personnel procedures, Rules and Regulations for the employees of the City of Iowa City, Iowa. SECTION II ESTABLISHMENT. Personnel proceedures, Rules and Regulations for the employees of the City of Iowa City shall be established by resolution of the City Council of Iowa City, at a regular or special meeting thereof. Said Proceedures, Rules and Regulations may be amended by resolution of the Council at a later meeting and the adoption of any Proceedures, Rules and Regulations shall not operate to establish any contract between the City and any employee. SECTION III NOTICE. Copies of the Proceedures, Rules and Regulations shall be filed in the office of the City Clerk, and the City of Iowa City Library; and the City Manager is hereby authorized and directed to establish such pro- ceedures as are necessary to give notice to and familiarize the City employees and prospective employees of such Proceedures, Rules and Regulations. SECTION IV REPEALER. Chapter 2.40 of the Municipal Code, Ordinances 2260, 2440, 2470, 2583 and 2600 of the City of Iowa City, and 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 full force and effect when published by law. It was moved by Hickerson and seconded by Connell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Czarnecki x Connell X Hickerson x White MAYOR -2 - Ordinance No 2661 ATTEST: City Clerk 1st Reading 12-19-72 TO 2nd Reading 12-22-72 TO 3rd Reading 12-22-72 TO Passed and approved this 22 day of 4 December , A.D., 1972 .