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Adopting Code Supplement No. 29 Copyrighted August 20, 2018 City of Dubuque Consent Items # 20. ITEM TITLE: Adopting Code Supplement No. 29 SUMMARY: City Clerk recommending adoption of Supplement No. 29 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement No. 29 to the Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Staff Memo Supporting Documentation Resolution Resolutions Code Supplement No. 29 Supporting Documentation T E CITY C�F Al�e�caGl�y _ � I�Iasterpiece an the 1Vlississippi Z�Q�•zo�2•zaza TO: Honorable Mayor and City Council Members FROM: Kevin S. Firnstahl, City Clerk SUBJECT: Adoption of Supplement No. 29 to the Code of Ordinances DATE: August 16, 2018 INTRODUCTION The purpose of this memorandum is to submit to City Council a resolution adopting Supplement No. 29 to the Code of Ordinances of the City of Dubuque. DISCUSSION The attached resolution provides for the adoption of Supplement No. 29 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 10-18, 11-18 and 17-18 as adopted by the City Council through May 2018. Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc., of Coeur d'Alene, Idaho. ACTION STEP The requested action is for the City Council to pass the resolution adopting Supplement No. 29 as a part of the Code of Ordinances of the City of Dubuque. /ksf Prepared by Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 249-18 ADOPTING SUPPLEMENT NO. 29 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 29 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 10-18, 11-18 and 17-18 as adopted by the City Council through May 2018, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of August 2018. Attest: Kevin, `Firnstahl, City CI'e-rk-- Roy D. Buol, Mayor � � ��a�� STERLING CODIFIEI�� 3906 Schxeiber Way �,� ��,� �.�� Coeur d Alene, ID 83815 �� 208) 665-7193 ' �?.1°�1��.��;, �� INSTRUCTION:SHEET: DUBUQUE, lowa Supplement No. 29/August, 2018 � Incfudes Ordinances: 1:0-18, 11-18 and 17-18 REMOVE'PAGE HEADED INSERT NEW PE1GE HEADED VOLUME I Preface Preface TITLE 5: 5-1-1, Chapter 1-, Transit Ad�isory Board '; 5-1-1, Chapter y� Transit Advisory Board ' and following page and following page TITLE 11:' 11-4-1, Chapter:4, Gas Franchise 11-4-1, Chapter 4, Gas Franc:hise � and-following fi�e pages . and following eight pages VOLUME !I TIT'LE 1"6:`` 16-2-3, Extraterritorial Jurisdie�ion (ETJ) 16-2-3, Extraterritorial Jurisdiction (ETJ) 16 2-3, Yard, Re:quired': See definition of 16-2-3, Yard, Re.quired: See definition of ` INQEX: -F-, Fuel Gas Code -F-, Fuel Gas Code� � �� _ � / ; � � i � i j i � ; PREFACE I ---------------------- I This City Code of the City of Dubuque, as supple- � mented, contains ordinances up to and including ordinance 17-18, passed May 21, 2018. Ordi- I, nances of the City adopted after said ordinance ' �` supersede the provisions of this City Code to the r A extent that they are in conflict or inconsistent I� therewith. Consult the City office in order to ascertain whether any particular provision of the � Code has been amended, superseded or repealed. '; i� % Sterling Codifiers � Coeur d'Alene, Idaho i f � � � f� II \ � � � August 2018 City of Dubuque 5-1-1 5-1-4 � j �� CHAPTERI � � � TRANSIT ADVISORY BOARD j �i � �� SECTION: � �� 5-1- �: Board Created � i 5-1- 2; Purpose h, 5-1- 3: Internal Organization And Rules I� 5-1- 4: Procedures For Operation � 5-1- 5: Membership 5-1- 6: Oath ; 5-1- 7: Terms 5-1- 8: Vacancies , 5-1- 9: Officers; Organization j 5-1-10: Meetings 5-1-11: Cornpensation � 5-1-12: Removal II 5-1-13: Powers �;: �� 5-1-�14: Fare Increase Or Reduction In Service, Procedure �il �� I I li 5-1-1: BOARD CREATED: There is hereby created the Transit r Advisory Board. (Ord. 50-14, 7-21-2014) � � l r 5-1-2: PURPOSE: The purpose of the board is to recommend the � establishment of routes, schedules, and changes in fare � structure and/or rates. (Ord. 50-14, 7-21-2014) � � , � �, 5-1-3: INTERNAL ORGANIZATION AND RULES. The board may adopt rules and regulations to govern its organizational proce- dures as may be necessary and which are not in conflict with this Code or the lowa Code. (Ord. 50-14, 7-21-2014) 5-1-4: PROCEDURES FOR OPERATION: All administrative, person- nel, accounting, budgetary, and procurement policies of the City govern the board in all its operations. (Ord. 50-14, 7-21-2014) � August 2018 City of Dubuque 5-1-10 5-1-14 ! � � recommend to the City Council that the position be declared vacant � and a replacement appointed. !I ��2. Attendance must be entered upon the minutes of all meetings. i � E. Minutes: A copy of the minutes of all regular and special meetings of �; the board must be filed with the City Council within ten (10) working �� days after each meeting, or by the next regularly scheduled City �I Council meeting, whichever is later. II �, �� '�, � F. Quorum: Three (3) members of the board constitute a quorum for the �� transaction of business. The affirmative vote of a majority of the '! �,; members present and voting is necessary for the adoption of any ;; motion or resolution. (Ord. 11-18, 3-19-2018) 4 s { 5-1-11: COMPENSATION: Members serve without compensation, ;� provided that they may receive reimbursement for necessary '�, travel and other expenses while on official board business within the limits �; established in the City administrative policies and budget. (Ord. 50-14, ;i 7-21-2014) ,; ��II ' � 5-1-12: REIdIOVAL: Except as provided in subsection 5-1-10D1 of ,� this chapter, the City Council may remove any member for r; good cause. (Ord. 32-15, 5-18-2015) � � � �� i� 5-1-13: POWERS: The board has the following powers, duties, and �I responsibilities: � �, � � A. Advise the City Council on executing agreements and grants relating 6 to the transit system operation and the purchase of new equipment. k � B. Advise the City Council on rates, fares, or charges for the transporta- S � tion of passengers and any incidental services and the rates or � charges to be made for advertising in buses or any other facility. � (Ord. 50-14, 7-21-2014) � �� - - RED TI IN SERVICE PROCE- � 5 1 14: FARE INCREASE OR UC ON , DURE: A. Definitions: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively � ascribed to them in this section: v August 2018 City of Dubuque � � 11-4-1 11-4-1 � � � CHAPTER 4 '� I� �� GAS FRANCHISE . ,; ,i �h i�: SECTION: � , la �� 11-4- 1: Definitions iN � �11-4- 2: Grant Of Franchise h 11-4- 3: Street Usage I� 11-4- 4: Excavations And Other Works; Vacated Property h 11-4- 5: Relocation Of Pipes, Conduit And Services; Public ; Improvements j� 11-4- 6: Accessions To Franchise I; 11-4- 7: Condition Of Service °, 11-4- 8: Regulatory Review II' 11-4- 9: Reserved Regulatory Rights ' 11-4-10: Technological Changes; Energy Efficiency �; 11-4-11: Extension Of Service 11-4-12: Rates , 11-4-13: Reports I; '�, 11-4-14: Maps Of Distribution System I! �� 'I'I-4-15: lndemnifiication � 11-4-16: Nonassignment ' 11-4-17: Material Breach; Termination � 11-4-18: Severability �' 11-4-19: Revival 11-4-20: Reservation Of Home Rule Powers Ib� '11-4-21: Acquisition At Expiration � r 11-4-22: Franchise Fee Overview 11-4-23: Franchise Fee � 11-4-24: Adoption; Franchise Effective And Binding � , �� I � � � 11-4-1: DEFINITIONS: Whenever the following words or terms are used in this chapter, they shall be intended and held to have the meanings ascribed to them in this section: CITY: The City of Dubuque, lowa. � � � August 2018 City of Dubuque � 11-4-2 11-4-3 '� � � D. The City further reserves to itself the right to produce, supply, trans- mit, sell, or transport pipeline quality biogas produced from City, � affiliate 28E organizations, or City's subcontractors. City may distribute pipeline quality biogas to City or affiliate 28E organization p� facilities, but City shall not distribute pipeline quality biogas to third- G party customer facilities. City shall be allowed to produce, supply, f transmit, sell, transport, or distribute non-pipeline quality biogas, � !; commonly referred to as "dirty" gas, to City or affiliate 28E � organization facilities or to third-party customer facilities. The '� company shall transport gas purchased or produced by the City over �I � the company's system in accordance with applicable rules, laws and � the company's natural gas tariff on file with the lowa Utilities Board. �II Company shall not be required to extend or expand its system if ji such extension or expansion does not comply with company's feasi- ';i bility model. (Ord. 17-18, 5-21-2018) '�!, i '� 11-4-3: STREET USAGE: '�, I�. A. The City reserves to itself the power to impose reasonable regula- I��' tions on the company's use of streets. The company shall not locate i'� any new or reconstructed gas service lines or other improvements of any kind within the City in the public rights-ofi-way without the Ild� '�\ approval of the City. The company agrees to consult with the City as to the location of any new high pressure gas pipelines carrying a ;� pressure of seventy (70) pounds or more that will be outside the City �, limits which will serve the City, and use its best efforts to place such � lines so they will be compatible with any impacted zoning, economic (, development, growth and other plans of the City. i; IN B. In the use of right-of-way under this franchise, the company shall be i� subject to all rules, regulations, policies, resolutions and ordinances �' now or hereafter adopted or promulgated by the City in the reason- � able exercise of its police power. In addition, the company shall be d subject to all rules, regulations, policies, resolutions, and ordinances g � now or hereafter adopted or promulgated by the City relating to permits, sidewalk and pavement cuts, utility location, construction coordination, screening, and other requirements on the use of the right-of-way; provided, however, that nothing contained herein shall constitute a waiver of or be construed as waiving the right of the company to oppose, challenge, or seek judicial review of, in such manner as is now or may hereafter be provided by law, any such rules, regulation, policy, resolution, and ordinance proposed, adopted, or promulgated by the City. Further, the company shall , comply with the following. � August 2018 City of Dubuque � � 11-4-4 11-4-4 � � �� permit therefor and shall not unnecessarily obstruct the use of ;�, streets, avenues, alleys, or public places and shall provide the City � Manager or City Manager's designee or such other person as the u City may designate with twenty four (24) hours' notice prior to the � actual commencement of the work, and shall comply with all provi- � sions and requirements of the City in its regulation of the use of City I ,� right-of-way in performing such work. In emergencies which require � immediate excavation, the company may proceed with the work with- ii out first applying for or obtaining a permit, provided, however, that i� �' the company shall apply for and obtain an excavation permit as soon , �� as possible after commencing such emergency work. The company ��; shall comply with all provisions and requirements of the City in its regulation of the use of City right-of-way in performing any excava- tions. The company shall comply with all City ordinances regarding �� paving cuts, placement of facilities and restoration of pavement and other public infrastructure. The company shall replace the surface, ', restoring the condition as existed prior to the company's excavation, � but shall not be required to improve or modify the public right-of-way �i. unless said improvement is necessary to meet a SUDAS (Statewide '; Urban Design and Specifications) standard, a requirement of the i Americans With Disabilities Act, or any other standard mandated by State or Federal law, provided however, if any improvement is !, requested or required for aesthetic, cosmetic or similar purposes not ji t mandated by State or Federal law the City shall reimburse the !'' company the incremental cost of such improvements. The company II shall complete all repairs in a timely and prompt manner. Company �' agrees any replacement of road surface shall conform to current City ,i ordinances regarding its depth and composition. y �; B. The City when vacating a street, avenue, alley, public ground or ;' public right-of-way shall not deprive the company of its right to II operate and maintain existing facilities and their replacements on, f below, above, or beneath the vacated property. Prior to the City N! abandoning or vacating any street, avenue, alley, right-of-way or � other public ground where the company has facilities, the City shall '� ; grant the company a utility easement for said facilities. This section shall not apply to the realignment, reconstruction, or vacation of q streets or alleys in a designated urban renewal area; provided, however, the City shall identify, reserve and make available alternate locations for facilities to serve the designated urban renewal area consistent with the technical needs of the company. (Ord. 17-18, 5-21-2018) � � � August 2018 City of Dubuque � 11-4-5 11-4-7 � � � made effective by the lowa Utilities Board as may subsequently be G amended, to construct, replace, repair, locate and relocate its exist- " Y ing facilities or equipment in, on, over or under any public street, i! avenue, ri ht-of-wa alle ublic laces or rounds in the Cit m � 9 Y, Y, P p 9 Y � � such a manner as the City may reasonably require, except the ,� company shall not be required to construct, replace, repair, locate ;; and relocate existing facilities where company facilities are located in ; private easements (whether titled in the company or other entities) �j , unless said private easement is upon land owned by the City. � �� E. If the City orders or requests the company to relocate its existing I� facilities or equipment for any reason other than as specified above, 'll or as the result of the initial request of a commercial or other non- public development, the company shall receive payment for the cost j of such relocation as a precondition to relocating its existing facilities j, or equipment. ` I F. The cornpany shall not be required to relocate, at its cost and ; expense, company facilities in the public right-of-way that have been ',', relocated at company expense at the direction of the City in the pre- i vious two (2) years. � i' G.� The City shall consider reasonable alternatives in designing its � � public works projects so as not arbitrarily to cause the company �j unreasonable additional expense in exercising its authority under �i, this section. The City shall also provide a reasonable alternative �, location for the company's facilities as part of its relocation request. �' (Ord. 17-18, 5-21-2018) i'; ii i; ,� r 11-4-6: ACCESSIONS TO FRANCHISE: The company shall maintain �,� the availability of service throughout the entire City including u newly annexed areas. The company shall furnish gas in sufficient quantities �; to supply the reasonable demands of the City and the inhabitants thereof � � and including industrial users in accordance with the regulations and condi- C� � tions of service as approved by the lowa Utilities Board. (Ord. 17-18, i 5-21-2018) 11-4-7: CONDITION OF SERVICE: The company agrees to provide and maintain its entire plant and system in such condition that it will furnish safe, adequate, efficient and continuous service. (Ord. 17-18, 5-21-2018) � August 2018 City of Dubuque � 11-4-10 11-4-11 ;, � �. ;� 11-4-10: TECHNOLOGICAL CHANGES; ENERGY EFFICIENCY: „ � ,i A. Should, within the period of this franchise, developments within the �� field of power or heating substances offer to the company the �i opportunity to more effectively, efficiently and economically serve its '� customers through use of a substance or material other than natural ; gas, then the company may petition the City Council which, with j such requirements or limitations as it deems necessary to protect � public health, safety and welfare, allow the gas of such substances � �' under the terms and conditions of this franchise. �i �� ;', B. The company shall be allowed to mix other combustible gases with natural gas for distribution within the City as such mixture may be �i advantageous to the operation of the company. Such use of mixed I! gas, however, shall not relieve the company of its obligations under '�i; this franchise. � 'F C. The City and affiliate 28E organizations, intend to develop and/or partner on development of alternative energy implementation strategies (BioCNG at the Water & Resource Recovery Center [W&RRC] and Dubuque Metropolitan Area Solid Waste Agency -- [DMASWA] are examples). Black Hills Energy agrees to cooperate in ';�'', � the development of these projects to make them as effective and �, � efficient as reasonably possible. (Ord. �7-'18, 5-2'I-2018) '� i� ,� i 11-4-11: EXTENSION OF SERVICE: h �� A. The company shall be required to extend its gas distribution system �'; in accordance with rules and regulations relating to customer con- i, nections and main and service line extensions currently in effect and ', on file from time to time with the lowa Utilities Board or other � competent authority having jurisdiction. Whenever the distribution ' system is so extended, those mains and service lines that are j beneath streets and roads constructed by the City or a private � developer within the City limits, and the pavement constructed with hot mix asphalt, the company shall have all the mains and service � lines extended out of the pavement area before the final lift of asphalt is installed. If the pavement is constructed with concrete, the service lines may be extended after the pavement is completed. All pavement repairs shall be full depth and replaced in full panel sections according to the City excavation policy and approved by the City Engineer. � � i � � i August 2018 City of Dubuque � , ,. 11-4-14 11-4-14 � � � 11-4-14: MAPS OF DISTRIBUTION SYSTEM: � i A. The company shall, promptly after the award of this franchise, I furnish the City Engineer one electronic copy, in format and datum ; compatible with City's GIS program, policies and procedures, includ- I ing confidentiality, detailed map or maps of its distribution system ;i both within the City limits and the area immediately surrounding the I; City. Such maps shall include, but not be limited to, standard �� facilities showing the location of above-ground and underground % natural gas facilities, to be used for design and planning only. The �, `� company shall thereafter update the map or maps every year show- ing all subsequent additions or deletions to the distribution system, ` with GIS com atible ma s to the Cit . However rior to an excava- II' p p Y , P Y I; tion by the City or its agents, a City representative must contact the i; company regarding current information on the location of gas mains ', or gas laterals in the area concerned. The obligation to contact the ' � company under this section shall be satisfied if contact is made with � a corporation organized pursuant to lowa Code chapter 480 (1993) � �; or an entity with a similar function utilized by both the City and the company. B. The company and City recognize the information may in whole or , part be considered a confidential record under State or Federal law 'i or both. Therefore, the City shall not release any information without '"' prior consent of the company and shall return the infiormation to I company upon request. The City recognizes that company claims the �I� information may constitute a trade secret or is otherwise protected i; from public disclosure by State or Federal law on other grounds and `i agrees to protect the information to the extent allowed by State or ; Federal law. Furthermore, the City agrees that no documents, maps or information provided to the City by the company shall be made available to the public or other entities if such documents or � information are exempt from disclosure under the provisions of the Freedom of Information Act, the Federal Energy Regulatory Commis- sion critical energy infrastructure requirements pursuant to 18 CFR � 388.112 and 388.113, or chapter 22 of the Code of lowa, as such statutes and regulations may be amended from time to time. In the event a request is made to the City for any such documents or inforrriation and the City Attorney determines in his or her sole discretion that such documents or information is not exempt from disclosure or any action at law, in equity or administrative is brought against the City regarding disclosure of any document which the company has designated as a trade secret or as otherwise protected from disclosure the City shall promptly notify the company. The company may take such action as it deems necessary to prevent � 6 August 2018 City of Dubuque 11-4-16 11-4-20 � � } B. This provision shall not apply to sales, assignments, or transfers � made pursuant to a corporate reorganization, divestiture or consoli- � dation or to a sale of all or substantially all of the gas distribution � properties of the company. (Ord. 17-18, 5-21-2018) �I � i � 11-4-17: MATERIAL BREACH; TERMINATION: Either City or company ("party") may terminate this franchise if the other � party shall be materially in breach of its provisions. Upon the occurrence of ! a material breach, the non-breaching party shall provide the breaching party �� with notification by certified mail specifying the alleged breach. The breach- ',� ing party shall have sixty (60) days to cure the breach, unless it notifies the �� non-breaching party, and the parties agree upon a longer period for cure. If r! the breach is not cured within the cure period, the non-breaching party may terminate this franchise. A party shall not be considered to be in breach of �;; this franchise if it has operated in compliance with State or Federal law. A � party shall not be considered to have breached this franchise if the alleged ° ,� breach is the result of the actions of a third party or the other party. (Ord. i 17-18, 5-21-2018) � � i i 11-4-18: SEVERABILITY: If any section or provision of this chapter is ' � held invalid by a court of competent jurisdiction, such holding I; shall not affect the validity of any other provisions of this chapter which can lui be given effect without the invalid portion or portions and to this end each i section and provision of this chapter is severable. (Ord. 17-18, 5-21-2018) I; � 11-4-19: REVIVAL: The parties recognize that over the duration of this �I franchise both technological and regulatory changes will take j! place which will impact the enforceability of this chapter or parts of it. In � recognition of such factors, the parties agree that in the event portions of � this chapter which are now, or in the future, are found or declared inapplica- ble or unenforceable, become through a subsequent change in law or tech- nology again to be applicable or enforceable, such provisions shall be � revived and again form a portion of this chapter. (Ord. 17-18, 5-21-2018) 11-4-20: RESERVATION OF HOlO�IE RULE POWERS: This chapter is intended to be and shall be construed as consistent with the reservation of local authority contained in the Twenty Fifth Amendment to the lowa Constitution granting municipalities home rule powers. To such end, any limitation on the power of the City is to be strictly construed and the City reserves to itself the right to exercise all power and authority to l � August 2018 City of Dubuque � 6 11-4-22 11-4-23 ;' y I � required to provide data or information in defense of the City's '� imposition of franchise fees or the company is required to assist the h City in identifying customers or calculating any franchise fee refunds � for groups of or individual customers the City shall reimburse the �' company for the expenses incurred by the company to provide such '�� data or information. (Ord. 17-18, 5-21-2018) � I' 11-4-23: FRANCHISE FEE: !i �� i A. The City Council may impose a franchise fee not to exceed five per- � cent (5%) of the gross revenue of the company generated from the �' �� sale of natural and mixed gas within the City. '; � i 1. For purposes of this section gross revenue shall include in addi- ''; tion to revenue from direct sales o# natural or mixed gas to '% customers, the gross revenue derived by the company from the ; transmission, transportation or distribution of natural or mixed gas I� sold to customers by suppliers other than the company through the �I company's distribution system within the City. 2. Any franchise fee imposed by the City shall be a direct charge to customers to the extent required by the lowa Utilities Board. '; � �` �� B. The company shall on the fifteenth day of each month, provide to the City Manager in a form reasonably acceptable to the City Manager I�I'� records establishing the gross revenue from the sale or transporta- �, tion of natural and mixed gas by the company within the City of I Dubuque for the preceding month and shall pay the fee to the City I� within thirty (30) days following the last day of the preceding month. C. Any rebate of franchise fees which may have been available under �� any prior amendment or ordinance which was not paid prior to July �' 1, 2013, is declared void and any claim for any such rebate shall not � , be honored or paid by the City. r � � D. If for any reason the time and manner of collecting, or any aspect of � the franchise fee, is challenged by or before the lowa Utilities Board, company shall promptly give notice to City and the company shall, in any case, diligently and continuously exercise its efforts to sustain said fee and payments and the time and manner of its collection. If at any time the lowa Utilities Board, or any other authority having � proper jurisdiction, prohibits the City from irnposing the franchise fee � called for herein, the company will no longer be obligated to collect and pay the franchise fee herein. � �August 2018 � City of Dubuque 11-4-23 11-4-24 „ � � ing such annexed area as is reasonably necessary for company to " identifiy the customers in the annexed area obligated to pay the fran- � chise fee. City shall indemnify company from claims of any nature, � including attorney fees, arising out of or related to the imposition and ;� collection of the franchise fee. In addition, company shall not be �i liable for collecting franchise fees from any customer originally or �� subsequently identified, or incorrectly identified, by City or by ii company as being subject to the franchise fee or being subject to a � �: different level of franchise fees or being exempt from the imposition V �� of firanchise fees. � ,� ` �i � The City shall provide copies of annexation ordinances to the !� company on a timely basis to ensure appropriate franchise fee col- � , lection from customers within the corporate limits of the City. ;� I G. The invalidity or unenforceability of any provision of this section shall � not affect the validity or enforceability of any other provision of this �'��, section, which shall remain in full force and effect. (Ord. 2-15, 'ij 1-20-2015) � �. I�� 11-4-24: ADOPTION; FRANCHISE EFFECTIVE AND BINDING: This , franchise and the rights and privileges herein granted shall �'� '� become effective and binding upon its approval and passage in accordance with lowa law and the written acceptance by the company. The City shall provide company with an original signed and sealed copy of this franchise within ten (10) days of its final passage. The company shall, within thirty (30) days after the City Council approval of this franchise, file in the Office of the Clerk of the City, its acceptance in writing of all the terms and �, provisions of this franchise. Following City Council approval, this franchise � shall be published in accordance with the Code of lowa. In the event �; company does not file its written acceptance of this franchise within thir#y �' (30) days after its approval by the City Council this franchise shall be void �,, and of no effect. (Ord. 17-18, 5-21-2018) I, � � i � E �I ( P, � � August 2018 � City of Dubuque � � � 16-2-3 16-2-3 r d � " � EXTRATERRITORIAL The area beyond the corporate limits, in which 4 JURISDICTION (ETJ): the City has been granted the powers by the � State to exercise subdivision review and is exer- I; cising such powers. I, r, EXURBAN: The area that lies beyond the corporate limits ��'� and its suburbs. �'I � FACADE: The exterior wall of a building exposed to public ��, ' view. I� �� FACTORY: A structure or plant within which something is � made or manufactured from raw or partly wrought materials into forms suitable for use. I� FAMILY HOME: A community based residential home which is �' licensed as a residential care facility or as a ' child foster care facility under State law, to , provide room and board, personal care, rehabili- '� tation services, and supervision in a family environment exclusively for not more than eight 8 develo mentall disabled ersons and an II � ) p Y p Y � necessary support personnel. However, family �. home does not mean an individual foster family I� home licensed by the State. �� I FARMING: The raising of field crops and livestock, horticul- ; ture, forestry, animal husbandry and similar j agricultural activities. � �i FEDERAL: The Federal government ofi the United States of �� America. � {i � FENCE: A structure serving as an enclosure, barrier or ° boundary. � � FLOOR AREA: Whenever the term "floor area" is used in this � title as a basis for requiring off street parking for � any structure, it shall be assumed that, unless � otherwise stated, said floor area applies not only to the ground floor area but also to any � additional stories of said structure. All horizontal dimensions shall be taken from the exterior � faces of walls. � ti August 2018 City of Dubuque � 16-2-3 16-2-3 � i � � YARD, REQUIRED: See definition of setback. I� YARD, SIDE: The area between a principal building and an p interior property, and extending between the I� front yard and rear yard. In the case of double il frontage lots, side yards shall extend between u the front yards. In the case of corner lots, yards p� remaining after front yards have been estab- j lished shall be considered side yards. '� � � �� '� YARD, SPECIAL: A required yard other than the required front I, yard so oriented that neither the terms "side ;I yard" nor "rear yard" clearly apply. In such li cases the City Planner shall determine, based ;; on topography, location, orientation and pattern of adjacent structures and development which �� yard requirement is more appropriate. ' i i� , ZONING DISTRICT: A section of the City in which zoning regulations ii and standards are uniform. � �'� i � ZONWG MAP, Map delineating the boundaries of zoning dis- ;! � OFFICIAL: tricts which, along with the zoning text, is � officially adopted by the Dubuque City Council and on file in the Office of the Planning Ser- vices Department. (Ord. 52-09, 10-19-2009; i!, amd. Ord. 48-10, 8-16-2010; Ord. 63-10, '�; 12-20-2010; Ord. 48-14, 7-21-2014; Ord. 10-18, '� 3-19-2018) � u � i i� li i �r � � � a �� f August 2018 � City of Dubuque �, � � �' -F- -G- i �' I � FUEL GAS CODE '� Fuel Gas Code Adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 G-1 � Fuel Gas Code Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1G-2 � FUNERAL PROCESSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7-321.324A � !,� i G GARBAGE (See Also SOLID WASTE) . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6 II r � GAS FRANCHISE � ��, \ Accessions To Franchise : : : : : : : : : : : : : : : : : : : : . . . . . : : : : : . 11-4-6 �, Acquisition At Expiration . . . . . 11-4-21 I Adoption; Franchise Effective And Binding . . . . . . . . . . . . . . . . . 11-4-24 ,i Condition Of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-7 'j Definitions . . . . . . . . . . . . . . . . . . . . . 11-4-1 � Excavations And Other Works; Vacated Property . . . . . . . . . . . . . 11-4-4 ;�i Extension Of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-11 I Franchise Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-23 � Franchise Fee Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-22 I Grant Of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-2 ';', Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-15 � � i Maps Of Distribution System . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-14 � ,, Material Breach; Termination 11-4-17 � �� . . . . . . . . . . . . . . . . . . . . . . . . . . . � '� Nonassignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-16 jl Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-12 ��i i Re ulator Revie�w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-8 � J Y � Relocation Of Pi es, Conduit And Services; Public �i�, Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-5 iI Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-13 �� Reservation Of Home Rule Powers . . . . . . . . . . . . . . . . . . . . . . 11-4-20 I'�� Reserved Regulatory Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-9 �,� Revival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-19 I Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-18 Street Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4-3 h Technological Changes; Energy Efficiency . . . . . . . . . . . . . . . . . 11-4-10 ;i ' GAS MAIN CONNECTIONS (See Also PUBLIC UTILITIES) . . . . . . . . . . 13-3 � GENERAL OFFENSES (See Also OFFENSES) . . . . . . . . . . . . . . . . . . . . 7-5 � GENERAL PENALTY, CITY CODE i Civil Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4-2 � General Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4-1 � � � August 2018 City of Dubuque