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North Liberty Overview
North Liberty, IA Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF NORTH LIBERTY, IOWA
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 ECONOMIC DEVELOPMENT PROPERTY TAX EXEMPTION
CHAPTER 10 URBAN RENEWAL
CHAPTER 11 URBAN REVITALIZATION
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 PUBLIC LIBRARY
CHAPTER 23 PARKS AND RECREATION COMMISSION
CHAPTER 24 TREE AND STORM WATER ADVISORY BOARD
CHAPTER 25 COMMUNICATIONS ADVISORY COMMISSION
CHAPTER 26 CEMETERY BOARD
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 37 KEY LOCK BOX SYSTEM
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 43 CLANDESTINE LABORATORIES / GROW OPERATIONS
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 48 DRUG PARAPHERNALIA
CHAPTER 49 SMOKEFREE PLACES
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 WEEDS AND GRASS
CHAPTER 53 NOISE
CHAPTER 55 ANIMAL CONTROL
CHAPTER 56 CAT AND DOG LICENSES
CHAPTER 57 DANGEROUS ANIMALS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 74 OPERATION OF GOLF CARTS ON CITY STREETS
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 VEHICLE NOISE AND EMISSION STANDARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 PRIVATE WELLS AND WATER SYSTEMS
CHAPTER 94 WATER RATIONING
CHAPTER 94A WELLHEAD PROTECTION
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 99 SEWER SERVICE CHARGES
CHAPTER 100 STORM WATER MANAGEMENT
CHAPTER 101 STORM WATER COLLECTION, DISCHARGE AND RUNOFF
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 TELEPHONE FRANCHISE
CHAPTER 113 CABLE TELEVISION FRANCHISE (SOUTH SLOPE COOPERATIVE)
CHAPTER 114 CABLE TELEVISION FRANCHISE (GALAXY TELECOM, L.P.)
CHAPTER 115 CABLE TELEVISION REGULATIONS
CHAPTER 116 RESIDENTIAL TELECOMMUNICATIONS INFRASTRUCTURE STANDARD
CHAPTER 117 RURAL ELECTRIC COOPERATIVE ELECTRIC FRANCHISE
CHAPTER 118 ITC ELECTRIC TRANSMISSION FRANCHISE
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 MOBILE FOOD UNITS
CHAPTER 125 ELECTRICIAN AND PLUMBER LICENSES
CHAPTER 126 LICENSING OF TAXI SERVICE
CHAPTER 127 SANITARY SEWER AND WATER SERVICE INSTALLER LICENSES
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 145 MANUFACTURED AND MOBILE HOMES
CHAPTER 146 HOUSING CODE
CHAPTER 150 TREES
CHAPTER 155 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 156 POST-CONSTRUCTION STORM WATER RUNOFF CONTROL
CHAPTER 157 BUILDING CODE
CHAPTER 158 FIRE CODE
CHAPTER 165 ZONING CODE - ADMINISTRATIVE
CHAPTER 166 ZONING CODE - ORGANIZATION AND ENFORCEMENT
CHAPTER 167 ZONING CODE - DEFINITIONS
CHAPTER 168 ZONING CODE - ZONING DISTRICT REGULATIONS
CHAPTER 169 ZONING CODE - DEVELOPMENT REGULATIONS
CHAPTER 170 RESERVED
CHAPTER 171 ZONING CODE - NONCONFORMING, CONDITIONAL, AND TEMPORARY USES
CHAPTER 172 ZONING CODE - COMMUNICATION TOWERS AND ANTENNAS
CHAPTER 173 ZONING CODE - SIGN REGULATIONS
CHAPTER 180 SUBDIVISION ORDINANCE
APPENDIX:
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117.11 CONTINUOUS SERVICE.
   Service to be rendered by the Cooperative under this franchise shall be continuous unless prevented from doing so by fire, acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Cooperative’s equipment, and in such event service shall be resumed as quickly as is reasonably possible.
117.12 CITY USE OF COOPERATIVE FACILITIES.  
   The Cooperative, upon request of the City, and without cost to it, may permit its poles, conduits and other distribution facilities, so far as may be done without interfering with the free use its own wires and fixtures, to be used for the purpose of maintenance thereon any control wires and other appurtances which may be necessary for any use by the City. Upon an agreement between the Cooperative and the City, these parties shall enter into a Pole-Sharing Agreement to document the location and obligations of the parties related to the City’s use of the Cooperative’s facilities.
117.13 ENERGY EFFICIENCY AND RENEWABLE ENERGY.  
   The Cooperative will provide the City energy efficiency materials and incentive forms for display in the Building Department and other City departments as requested by the City. The Cooperative will participate in neighborhood and community events, when possible and upon a request from the City or neighborhood organization, to encourage City residents to utilize the Cooperative’s energy efficiency programs.
117.14 FUTURE AGREEMENTS.  
   The Cooperative, upon request of the City, shall explore with the City agreements that are mutually beneficial and economically feasible to both parties for interconnection of alternative energy electrical facilities, use of facilities and purchase of excess alternatively produced power in a timely manner, adhering to all federal, state or local codes, rules and regulations in effect at the time of agreement. The Cooperative will work with the City for fair regulatory treatment of such projects. Agreements are subject to generation reliability requirements.
117.15 STREET LIGHTS.  
   At the request of the City, the Cooperative shall provide the City with a count of metered and/or leased streetlights within the City limits and within the service territory of the Cooperative. If the City would at any time desire to purchase the Cooperative’s street lights located within the City, the Cooperative agrees to negotiate the sale of such street lights. The terms and conditions of such a sale will include that the street lights will be purchased at a mutually agreed price and on an as is, where is basis. Upon sale, the City shall assume all risk and loss related to the operation and maintenance of the purchased street lighting. Any agreement will require the City to purchase all street lights in the corporate limits of the City that are owned by the Cooperative.
117.16 FRANCHISE FEE.  
   1.   The Cooperative shall include a franchise fee at a rate of three percent (3.00%) of the gross receipts from the sale of electricity for customers within the City Limits of North Liberty, Johnson County, Iowa. At any time during the term of the Franchise Agreement, the City may amend said franchise fee. The Cooperative shall commence collecting the franchise fee at the specified rate within six months of the date the City notifies the Cooperative of adoption or amendment of the franchise fee.
   The franchise fee may increase up to a maximum of five percent (5%) as allowed by law. The City shall be solely responsible for the proper use of any amounts collected as franchise fees, and shall only use such fees as collected for a purpose as allowed by applicable law. Collection of the franchise fee shall cease at the earlier of the City’s repeal of the franchise fee or the end of the franchise term. Notwithstanding the foregoing, the collection of any franchise fee shall be in accordance with applicable law, including but not limited to any limitations upon the collection of such franchise fee.
(Ord. 2023-27 – Jan. 24 Supp.)
   2.   The franchise fee shall be applied to all customers’ bills in accordance with Iowa Code Section 364.2(f) and 423B.5, as amended, and subject to any modifications or the repeal of same. Only the City may grant exemptions or refunds of the franchise fee granted by the Code of Iowa applicable at the time of such exemption or refund. If at any time the Iowa Utilities Board or another authority having proper jurisdiction prohibits the collection or payment of a franchise fee, the Cooperative shall be relieved of its obligation to collect and pay to the City the franchise fee.
   3.   The City agrees that the Cooperative’s obligations related to the franchise fee are limited to those obligations set forth in this section. The City further agrees to bear all costs (including attorney fees), and to defend, indemnify and hold the Cooperative harmless from any and all liability, claims or causes of action associated with disputes related to the billing and/or collections of the franchise fee, provided that the City shall not be obligated to bear such costs or to defend, indemnify and hold the Cooperative harmless if such disputes are the result of inaccurate billing or negligence by the Cooperative.
   4.   Upon receipt of a final and unappealable order or approval authorizing annexation, or changes in the limits of the City, the City Clerk shall provide written notification to an officer of the Cooperative of such annexation or change in the limits of the City, and the Cooperative shall apply the franchise fee to its members who are affected by the annexation or change in the limits of the City, commencing no later than six (6) months from the effective date of the annexation.
   5.   The sum of such additional charges for the franchise fee and any additional charges related to this section shall be shown separately on the utility bill to each member.
   6.   The Cooperative shall remit collected franchise fees to the City on a basis determined by the City, but no more frequently than monthly, within thirty (30) days after last day of the last revenue month of the quarter.
117.17 RATES.  
   Under the statutes of the State of Iowa, the Iowa Utilities Board of the Iowa Department of Commerce is vested with legal authority to supervise, fix or change rates and charges authorized to be charged by the Cooperative to electric energy members.
117.18 RIGHT-OF-WAY ACCESSIONS.  
   Where any electric distribution or service line is presently or in the future placed anywhere in the corporate limits of the City, either as now existing or hereafter extended, not in a public street and a street shall thereafter be opened or dedicated so as to include said line within the right-of-way of such street, said electric line shall then be operated and maintained under the terms of this franchise, provided the Company first receives reasonable compensation in accordance with Section 117.05 hereof for any property rights foregone thereby.
117.19 TREE TRIMMING.  
   The Cooperative is authorized and empowered consistent with this franchise to prune or remove at the Cooperative’s expense any tree extending into any street, alley, right-of-way or public grounds to maintain electric reliability, to promote general safety, to restore utility service, and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Cooperative. For scheduled tree trimming that is not associated with restoration of electric service, the Cooperative shall provide a one week notice to the City of the locations and specifics of scheduled tree trimming or pruning. The pruning shall be completed in accordance with nationally accepted safety and utility industry standards, ANSI A300-2001, American National Standard for Tree Care Operations, and ANSI Z133-2006 Pruning, Repairing, Maintaining and Removing Trees, and Cutting Brush Safety Requirements, or subsequent revisions to these standards, and City ordinances regarding the trimming of trees and the protection of its facilities upon public grounds. The removal of trees or pruning in public grounds other than public right-of-ways excluding emergency and outage situations shall require prior approval from the City.
117.20 ABANDONED FACILITIES.  
The Cooperative shall not be required to remove abandoned facilities from the right-of-way if the act of removal causes degradation of the right-of-way, potential damage to other facilities, or if the Cooperative facilities may, at a reasonable future date, be placed back into service. The City may require the Cooperative to demonstrate the potential for any of these circumstances.
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