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Code of Ordinances - Adoption of Supplement No. 4_Rescinding PreviousMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Adoption of Supplement No. 4 to the Code of Ordinances DATE: May 29, 2011 Dubuque bitd AN- America City 2007 Acting City Clerk Kevin Firnstahl recommends the City Council rescind Resolution No. 77 -11 that mistakenly adopted an unnumbered supplement thought to be No. 4 received in February 2011. Sterling Codifiers has confirmed that the February supplement served only to update the renumbering of the City's Unified Development Code and did not codify any ordinances. City Attorney Barry Lindahl advised the update did not require adoption by resolution. It is further recommended that the City Council adopt Supplement No. 4 (dated May 2011) to the Code of Ordinance of the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kevin S. Firnstahl, Acting City Clerk I ichael C. Van Milligen THE CITY OF DUB Masterpiece on the Mississippi E MEMORANDUM TO: Michael Van Milligen, City Manager FROM: Kevin S. Firnstahl, Acting City Clerk SUBJECT: Adoption of Supplement No. 4 to the Code of Ordinances DATE: May 26, 2011 INTRODUCTION The purpose of this memorandum is to submit to City Council a resolution rescinding Resolution No. 77 -11 and adopting Supplement No. 4 (dated May 2011) to the Code of Ordinances of the City of Dubuque. DISCUSSION The attached resolution provides for the adoption of Supplement No. 4 which codifies Ordinances 58 -10, 59 -10, 60 -10, 63 -10, 65 -10, 1 -11, 5 -11 through 12 -11, 15 -11 through 25 -11, 28 -11 and 29 -11. Additionally, this resolution rescinds Resolution No. 77 -11, which mistakenly adopted an unnumbered supplement thought to be No. 4 received in February 2011. Sterling Codifiers has confirmed that the February supplement served only to update the re- numbering of the City's Unified Development Code and did not codify any ordinances. City Attorney Barry Lindahl advised the update did not require adoption by resolution and recommends rescinding Resolution No. 77 -11. Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc. ACTION STEP The required action is for the City Council to pass the resolution rescinding Resolution No. 77 -11 and adopting the correct Supplement No. 4 as a part of the Code of Ordinances of the City of Dubuque. /ksf cc: Barry Lindahl, City Attorney Attachment RESOLUTION NO. 174-11 RESCINDING RESOLUTION NO. 77-11 AND ADOPTING SUPPLEMENT NO. 4 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council of Dubuque, Iowa, 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; and Whereas, Resolution No. 77 -11 adopted an unnumbered supplement as Supplement No. 4, which was intended as an update only to the Unified Development Code and thereby is not required to be adopted by resolution. NOW THEREFOREBEITRESOLVED BY THE CITY COUNCIL OFTHE CITY - OF - DUBUQUE, IOWA: Section 1. Resolution No. 177 -11 is hereby rescinded. Section 2. That Supplement No. 4 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 58 -10, 59 -10, 60 -10, 63 -10, 65 -10, 1 -11, 5 -11 through 12 -11, 15 -11 through 25 -11, 28 -11 and 29 -11 passed by Council and enacted through April 4, 2011, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Attest: Passed, approved and adopted this 6 day of June, 2011 Kevin S. Firnst- I, Acting ity Clerk Roy D. Buol, Mayor INSTRUCTION SHEET: REMOVE PAGE HEADED Preface TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page TITLE 2: Title 2, Boards And Commissions TITLE 4: 4- 2B -12, 1. If surrendered during the first and following page TITLE 6: 6 -4 -3, C. Ditch, Drain Or Stormwater and following page 6 -6 -1, Chapter 6, Housing Regulations 6 -6 -5, 6 -6 -5: Enforcement Of Order Of City and following two pages TITLE 7: Title 7, Police, Fire And Public Safety STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665 -7193 RECEIVED 11 MAY 24 PM 3: 04 City Clerk's Office Dubunu e, IA DUBUQUE, Iowa Supplement No. 4 /May, 2011 Includes Ordinances: 58 -10, 59 -10, 60 -10, 63 -10, 65 -10, 1 -11, 5 -11 through 12 -11, 15 -11 through 25 -11, 28 -11 and 29 -11 VOLUME I INSERT NEW PAGE HEADED Preface Table Of Contents, Title 1, Administration and following page Title 2, Boards And Commissions 2 -9 -1, Chapter 9, Sister City Relationships and following page (insert immediately after page headed 2 -8 -12, least four (4) members shall be) 4- 2B -12, 1. If surrendered during the first and following three pages 6 -4 -3, C. Ditch, Drain Or Stormwater and following two pages 6 -6 -1, Chapter 6, Housing Regulations 6 -6 -5, 6 -6 -5: Enforcement Of Order Of City and following four pages 6 -6 -11, 6 -6 -11: Habitual Violator and following page (insert immediately after page headed 6 -6 -10, L. Site And Neighborhood) Title 7, Police, Fire And Public Safety 7 -5D -1, Chapter 5, Article D. Parental (insert immediately after page headed 7 -5C -7, any forcible entry and detainer) REMOVE PAGE HEADED TITLE 9: 9 -1- 321.1, Chapter 1, General Provisions 9 -1- 321.1, highway for a distance of three and following page 9 -7- 321.256, Division 8. Right Of Way 9 -7- 321.318, A. Left turn: Hand and arm and following ten pages 9 -14, 9 -14- 321.669: Exemption Of Persons and following ten pages 9 -14- 321.621, said vehicle is parked in and following page 9 -14- 321.665, that the motor vehicle and following page 9 -14- 321.739, Cornell Street TITLE 10: 10 -5B -1, Chapter 5, Article B. Use Regulations and following page TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page TITLE 13: 13-1C-1, Chapter 1, Article C. Rates and following page 13 -2C -1, Chapter 2, Article C. Rates and following page 13 -4 -5, 13 -4 -5: SFU Rate, Charges TITLE 14: Title 14, Building And Development and following page 14-1A-4, 3. At its next regular meeting 14 -2 -3, 4. Every permit for the use of TITLE 16: 16 -2 -3, tional vehicles of the general public 16 -2 -3, Yard, Required: See definition 16- 5 -19 -1, Printing or publishing 16 -9 -5, peculiar to the property is claimed and following page VOLUME II INSERT NEW PAGE HEADED 9 -1- 321.1, Chapter 1, General Provisions 9 -1- 321.1, highway for a distance of three and following page 9 -7- 321.256, Division 8. Right Of Way 9 -7- 321.318, A. Left turn: Hand and arm and following two pages 9 -14, 9 -14- 321.669: Exemption Of Persons and following ten pages 9 -14- 321.621, said vehicle is parked in and following page 9 -14- 321.665, that the motor vehicle and following two pages 9 -14- 321.739, Cornell Street 10 -5B -1, Chapter 5, Article B. Use Regulations and following page Table Of Contents, Title 1, Administration and following page 13-1C-1, Chapter 1, Article C. Rates and following page 13 -2C -1, Chapter 2, Article C. Rates and following page 13 -4 -5, 13 -4 -5: SFU Rate, Charges Title 14, Building And Development and following page 14-1A-4, 3. At its next regular meeting and following page 14 -2 -3, 4. Every permit for the use of 14 -13 -1, Chapter 13, Solar Thermal Licenses and following two pages (insert immediately after page headed 14- 12 -11, 14- 12 -11: Enforcement Measures) 16 -2 -3, tional vehicles of the general public 16 -2 -3, Yard, Required: See definition 16- 5 -19 -1, Printing or publishing 16 - - peculiar to the property is claimed and following page REMOVE PAGE HEADED INSERT NEW PAGE HEADED TITLE 16 (cont.) 16- 10 -11, intersection with Emmett Street 16 -11 -1, Chapter 11, Land Subdivision 16 -13 -2, 1. Urban Renewal Districts and following page 16- 13 -3 -4, 16- 13 -3 -4: Parking Structures INDEX: -B -, Bicycles (cont.) and following page -H -, Hotel And Motel Tax -L -, Liquor Control (cont.) -M -, Motor Vehicles..., Obedience To And -0 -, Offenses (cont.) and following page -R -, Rights Of Way (cont.) 16- 10 -11, intersection with Emmett Street and following page 16 -11 -1, Chapter 11, Land Subdivision and following page 16 -13 -2, 1. Urban Renewal Districts and following page 16- 13 -3 -4, 16- 13 -3 -4: Parking Structures -B -, Bicycles (cont.) and following two pages -H -, Hotel And Motel Tax -L -, Liquor Control (cont.) -M -, Motor Vehicles..., Obedience To And -0 -, Offenses (cont.) and following page -R -, Rights Of Way (cont.) and following page INSTRUCTION SHEET: REMOVE PAGE HEADED /TABLE OF CONTENTS: ✓ Table Of Contents, Title 1, Administration and following two pages ABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following two pages DUBUQUE, Iowa February, 2011 Includes Code Change TITLE 16: a e 16, Unified Development Code nd following two hundred sixty one pages (entire Title) STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665 -7193 VOLUME I VOLUME II INDEX: -A -, Accessibility Code For Readily Achievable and following twenty nine pages (entire Index) L RECEIVED 11 FEB 15 AM 10: 33 City Cierr<'s Office Dubuque, IA INSERT NEW PAGE HEADED ble Of Contents, Title 1, Administration and following page f ----Table Of Contents, Title 1, Administration and following page T 16, Unified Development Code and following two hundred fifty pages Accessibility Code For Readily Achievable and following twenty nine pages