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HomeMy Public PortalAboutOrdinances___7/1/2017 a ORDINANCE NO.319 ORDINANCE REGULATING AND CONTROLLING THE OPERATION OF ALL-TERRAIN VEHICLES (ATVs/UTVs))WITHIN THE CITY OF MARCUS, IOWA Be it ordained by the City Council of Marcus,Iowa that new Ordinance regulating the operation of all-terrain vehicles in the City of Marcus is established as follows: SECTION I. PURPOSE. The purpose of this Ordinance is to regulate the operation of all- terrain vehicles(ATVs/UTVs)within the City of Marcus, Iowa. SECTION II. DEFINITIONS. For use in this Ordinance the following terms are defined: 1. ALL-TERRAIN VEHICLE OR"ATV"means a motorized vehicle with not less than three(3) low pressure tires and not more than six(6)non- highway tires,that is limited in engine displacement to less than one thousand(1000) cubic centimeters and in total dry weight to less than one thousand two hundred(1200)pounds, and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. 2. OFF-ROAD UTILITY VEHICLE OR"UTV"means a motorized flotation- tire vehicle with not less than four(4)and not more than six (6) low pressure tires that is limited in engine displacement to less than fifteen (1500) cubic centimeters and in total dry weight to not more than eighteen hundred pounds and that has a seat that is of bench design not intended to be straddled by the operator and a steering wheel for control. On off-road utility vehicle shall be considered to be a"UTV"for the purposes of this Ordinance and is subject to the provisions of this Ordinance governing the operation of all-terrain vehicles. SECTION III. GENERAL REGULATIONS. No person shall operate an ATV/UTV within the City Limits of Marcus,Iowa in violation of the provisions of Chapter 321(I) of the Code of Iowa or rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration,numbering, equipment and manner of operation. SECTION IV. OPERATION OF ALL-TERRAIN VEHICLES. The operators of all-terrain vehicles(ATVs/UTVs) shall comply with the following restrictions as to where 1, O 4 ,9 and when ATVs/UTVs may be operated within the City of Marcus, Iowa. 1. STREETS. ATVs/UTVs may be operated on all streets in the City of Marcus, Iowa with the exception of Highway#143 (Ames Avenue). In regard to Highway #143 (Ames Avenue) it will be permissible for all-terrain vehicles to cross said highway at designated intersections with Cedar Street, Pine Street, Spruce Street, and Amherst Street in said community; or in accordance with the conditions outlined in Section 321.234A of the Iowa Code. 2. TRAILS. ATVs/UTVs shall not be operated on snowmobile trails except where designated. 3. RAILROAD RIGHT-OF-WAY. ATVs/UTVs shall not be operated on an operating railroad right-of-way. An ATV/UTV may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of Law may, if necessary,use the improved portion of the established crossing after yielding to all oncoming traffic. 4. SIDEWALK OR PARKING. ATVs/UTVs shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the"right-of-way parking" except for the purpose of snow removal,maintenance, or landscaping activities. 5. PARKS AND OTHER CITY PROPERTY. ATVs/UTVs shall not be operated In any park,upon any recreation trail or playground, or upon any other City owned property without the express permission of the City of Marcus,Iowa. SECTION V. PERMITS. 1. Permits shall be issued as follows: A. Owners/Operators of ATVs/UTVs shall apply to the Marcus City Clerk's Office for a permit for each ATV/UTV to allow the owner/operator to operate an ATV/UTV on the Marcus City Streets. Each individual owner/operator of an ATV/UTV is required to have a permit. The fee for each permit shall be$50.00 and shall be issued by the Marcus Police Chief. Said permit shall be issued only to individuals 16 years and older and be valid from issuance date through December 31 of that year. A copy of the permit shall be carried by the operator named in the permit while operating the ATV/UTV. A permit decal shall be displayed next to the registration decal in the manner described by the rules of the Natural Resource Commission. A permit may be issued for the following purposes: V eit 3 " 111 w S 4 1. Going to and from place of employment; 2. Going to and from personal or business property; 3. Snow plowing/blading; 4. Gardening/lawn work; 5. Individuals having handicapped parking privileges; authorized by the Iowa Department of Transportation; and 6. Special events authorized by the City Council. B. Proof owner/operator has liability insurance(minimum limit of $300,000.00 coverage) covering operation of ATVs/UTVs on City streets. C. A form indicating that the ATV/UTV has passed the required inspection conducted by the Marcus Police Department. The fee for such inspection shall be set by resolution. This is a one- time inspection. Vehicles that pass an inspection will not need to be re-inspected unless the vehicle is found in violation of this Code,then a vehicle might need to be inspected again. D. Permits can be revoked by the Chief of Police as a result of any violation of the City's Code or the Iowa Code. The revocation, including a description of the violation, shall be provided in writing to the owner of the ATV/UTV. The revocation may be appealed to the City Council within 10 days of the written notice of revocation of the permit. The owner shall request the appeal in writing and submit the appeal to the City Clerk. SECTION VI. REGISTRATION. Every owner/operator of an ATV/UTV shall have their vehicle registered and have a registration decal issued in accordance with Iowa Law. All decals will expire at midnight on December 31 of each year unless sooner terminated or discontinued in accordance with Law. After the first day of September each year any unregistered ATV/UTV owner may have his registration renewed for the subsequent year beginning January P. SECTION VII. RULES OF OPERATION. 1. License. Must be at least 16 years of age and have a valid motor vehicle operator's license. All 16-17 year old operators shall also have completed an ATV/UTV Safety Course and show Certificate of Proof. 2. Equipment. All ATVs/UTVs shall be equipped with the original manufacturer's muffler and exhaust system or their equivalent,not to exceed the manufacturer's original emission specification. Each vehicle additionally must be equipped with lights and taillights and all safety equipment required of motor vehicles by Law or ordinance. If the U G °i .e ATV/UTV is equipped with seatbelts by design,they must be worn by all occupants when the vehicle is in motion. 3. Safety Flags. Must be equipped with the bicycle safety flag of florescent orange color on a staff holder to put such flag at least five (5) feet above the surface of the street and extend a minimum of two (2) feet above the highest point of the ATV/UTV. Also to have a slow moving vehicle sign. 4. Traffic Code Observed. Any operator of any ATV/UTV must observe all State and local traffic control regulation and devised and shall not operate an ATV/UTV at a speed in excess of that posted, or at any time at a speed greater than is reasonable and proper under the existing conditions,and never in excess of 25 mph. 5. Careless Operation. No person shall operate an ATV/UTV in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 6. Intoxicated. No person shall operate an ATV/UTV while under the influence of intoxicating liquor,narcotics, or habit-forming drugs. 7. Unattended ATVs/UTVs and Parking. No owner or operator of an ATV/UTV shall leave an ATV/UTV unattended on public property while the motor is running or with keys in the ignition switch. Owners and operators of ATVs/UTVs must obey all parking regulations in the City. 8. Hours of Operation. ATVs/UTVs shall only be operated sunrise to sunset. The only permitted operation after these hours shall be for routine snow removal or in emergency situations. 9. Passenger Limitation. No person shall operate an ATV/UTV with no more persons on the vehicle than it was designed to carry. SECTION VIII. FINANCIAL RESPONSIBILITY/NEGLIGENCE. The owner or operator of an ATV/UTV must maintain and provide current proof of financial responsibility in accordance with Iowa Code Section 321A.19. The owner and operator of an ATV/UTV is liable for any injury or damage caused by the negligent operation of the ATV/UTV. SECTION IX. ACCIDENT REPORTS. Whenever an ATV/UTV is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1,000.00) or more either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report within forty-eight(48)hours,in accordance with State Law. 4 Y . a l 4 - i SECTION X. PENALTIES AND FINES. Any person operating an ATV/UTV in violation of this Chapter of the Code of Ordinance may be charged with violation of State Motor Vehicle Laws or violation of this local Ordinance. 9 A. First Offense. In the event that said violator is charged under this Ordinance,the first offense shall be a fine of not less than one hundred dollars($100.00) and a 60-day suspension of privileges to use City Streets. B. Second Offense. A fine of not less than two hundred dollars ($200.00) and a 365-day suspension of privileges to use City Streets. C. Third Offense. A fine of not less than five hundred dollars ($500.00) and a two-year suspension of privileges to use City Streets. D. Each Additional Offense. A fine of not less than five hundred dollars ($500.00)and a permanent suspension of privileges to use City Streets. EFFECTIVE DATE. This Ordinance shall be in effect from and after its final passage, approval and publication as provided by Law. PASSED AND APPROVED by the Marcus City Council n e 14thd of December 2015._ _ K. J G W. MAN,Mayor A EST: ' BEVERLY AL C ,City Clerk First reading: November 9, 2015 Second Reading: December 14, 2015 Third Reading: Waived December 14, 2015 Published: January 14, 2016 "r` x, m .1 z ; • c ORDINANCE #320 ORDINANCE REPEALING ORDINANCE NO. 317 AND ALSO REPEALING SECTION 6-6-8 OF THE MARCUS MUNICIPAL CODE RELATING TO WATER RATES Be it ordained by the City Council of Marcus, Iowa that Ordinance No. 317 and Section 6-6-8 of the Marcus Municipal code be amended and substituted to read as follows: SECTION 1. WATER RATES AND CHARGES FOR MARCUS CITY RESIDENTS. The Following rates and charges for the use of Municipal Water for the residents of The City of Marcus, Iowa and for the service provided by the City Water System are hereby established based on meter readings of the amount consumed: Up to the first 1300 gallons of water consumed per month $9.00 The rate for each 1000 gallons of water consumed thereafter per month $3.36 All meters shall be read and gallonage determined on a monthly billing cycle. SECTION 2 WATER RATE AND CHARGES FOR NON RESIDENTS: The City does hereby establish a rate and charge for the use of water of persons residing outside the corporate limits of this community and for the service supplied by its system based on meter readings of the amount consumed and the additional sales tax on the same rate as established in Section One plus and additional surcharge of 20% of the water rate as established in the preceding section. SECTION 3 SEVERABILITY CLAUSE. If any section,provision or part of this Ordinance Shall be adjudged invalid or unconstitutional, such adjudication shall not affect U B The validity of the Ordinance as a whole or any section,provision or part of said Ordinance not so adjudicated. SECTION 4. REPEALER. All Ordinances and Sections of Ordinances in conflict with this Ordinance are hereby repealed. This Ordinance shall become effective when passed and approved by the City Council and published as provided by Law. PASSED AND APPROVED by the City Council of Marcus, Iowa on this 11th day of April, 2016. Ma r-Gary Husman ATTEST: Beverly Ale MMC/IaCMC First Reading March 14, 2016 second Reading April 11, 2016 Third Reading was waved April 11,2016 Published April 21, 2016 r ORDINANCE NO. 321 ORDINANCE REPEALING ORDINANCE NO 316 AND REPEALING SECTION 6-6-10 OF THE MARCUS CODE OF ORDINANCES Be it ordained by the City Council of Marcus, Iowa as follows: SECTION 1. SEWER RENT AND MANNER OF PAYMENT. The rate of sewer rent shall be $12.50 for the first 1300 gallons each month and $5.69 per 1000 gallons of usage per month thereafter. The rent shall be paid at the same time as the water bill on a monthly basis and shall also be under the same conditions as to penalty and late payment. All payments shall be remitted to the office of the City Clerk of Marcus, Iowa. SECTION 2. REPEALER. All Ordinances and Sections of Ordinances in conflict with this Ordinance are hereby repealed. This Ordinance shall become effective when passed and approved by the City council and published as provided by Law. PASSED AND APPROVED by the City Council of cus, Iowa on this 11th day of April, 2016. ayor Ga sman ATT ST: Beverly Ale , ity Clerk MMC/ICMC First Reading March 14, 2016 Second Reading April 11, 2016 Third Reading was waved April 11, 2016 Published April 21, 2016 U ORDINANCE #322 ORDINANCE AUTHORIZING THE PRIVATIZATION OF ALL GARBAGE, REFUSE, AND WASTE COLLECTONS INCLUDING RECYCLABLES WITHIN THE CITY OF MARCUS, IOWA AND THE DISPOSITION OF SAID ITEMS AND FIXING THE RATES AND FEES FOR SUCH SERVICES AND REPEALING CHAPTER 5 OF TITLE VI IN ITS ENTIRELY AS WELL AS SECTION 6-6-9 (REFUSE RATES) OF CHAPTER 6 Be it ordained by the City Council of Marcus, Iowa as follows: SECTION I. SERVICE AGREEMENT. The City of Marcus, Iowa hereby authorizes an Agreement for all garbage, refuse and recyclable collection within the City of Marcus, Iowa with Sanitary Services Inc. of Cherokee, Iowa hereinafter referred to as the Contractor. Under said Agreement the Contractor will furnish all of the equipment, labor and materials including the containers for the removal and disposition of all the garbage, refuse, waste products and recyclables within the City of Marcus, Iowa, commencing with the passage ad approval of this Ordinance. SECTION II. GARBAGE/REFUSE RATES. The garbage/refuse rates under this Agreement will be charged on a monthly basis. The initial rate will be the sum of$12.00 per month for the collection of both garbage and recyclables by the Contractor from each residential dwelling or apartment house. Such charge will be billed along with the water bill monthly to the person/persons owning or residing in any such dwelling or apartment. A) COMMERCIAL RATE. Rates for all commercial businesses and establishments within the City shall be established by agreement with the Contractor. B) PAYMENT OF BILLS. All garbage rates or fees shall be due and payable at the office of the Marcus City Clerk on the payment terms and conditions for the payment of the monthly water bill. The provisions of Section 6-6-5 of the Marcus City Code shall be used to enforce collection of delinquent fees. C) LIEN FOR NON-PAYMENT. Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. SECTION III. LANDFILL RATES. Landfill rates will be charged on a monthly basis. The landfill rate due from each residential dwelling or apartment shall be $11.44 per month. Such charge shall be billed monthly to the person or persons owning or residing at any such dwelling or apartment as part of their water bill. There shall be a charge for each unoccupied residence or dwelling unit for the landfill assessment only at the same rate of$11.44 per month. U 0 SECTION IV. RECYCLABLES. This Agreement also specifically includes the picking up and hauling away of all recyclables including tin, glass,plastics and all paper products on alternate weeks and also provides that the Contractor provide the containers for such services. SECTION V. REPEALER. That the existing ordinance specifically Chapter 5 of Title VI including all Sections thereof(6-5-1 to 6-5-12) as well as Section 6-6-9 of Chapter VI dealing with refuse rates as well as any other ordinances or parts of ordinances that may be in conflict with this new privatization ordinance are hereby repealed. SECTION VI. WHEN EFFECTIVE. This ordinance shall become effective after its passage and publication as provided by Law and the execution of the Agreement for Garbage Services by the Mayor and City Clerk as authorized herein. Copy of said Agreement as approved herein is attached hereto and by this reference incorporated into and made part of this ordinance. PASS AND APPROVED by the Marcus City Council on the 10`h day of October. 2016. - Q G W. Hus Mayor ATTEST: Beverly Ale - ity Clerk MMC/ICMC First Reading September 12, 2016 Second Reading October 12, 2016 Third Reading October 12, 2016 Published October 20, 2016 r V U t� ORDINANCE #323 ORDINANCE REPEALING ORDINANCE NO. 320 AND ALSO REPEALING SECTION 6-6-8 OF THE MARCUS MUNICIPAL CODE RELATING TO WATER RATES Be it ordained by the City Council of Marcus, Iowa that Ordinance No. 320 and Section 6-6-8 of the Marcus Municipal code be amended and substituted to read as follows: SECTION 1. WATER RATES AND CHARGES FOR MARCUS CITY RESIDENTS. The Following rates and charges for the use of Municipal Water for the residents of The City of Marcus, Iowa and for the service provided by the City Water System are hereby established based on meter readings of the amount consumed: Up to the first 1300 gallons of water consumed per month $9.45 The rate for each 1000 gallons of water consumed thereafter per month $3.53 All meters shall be read and gallonage determined on a monthly billing cycle. SECTION 2 WATER RATE AND CHARGES FOR NON RESIDENTS: The City does hereby establish a rate and charge for the use of water of persons residing outside the corporate limits of this community and for the service supplied by its system based on meter readings of the amount consumed and the additional sales tax on the same rate as established in Section One plus and additional surcharge of 20% of the water rate as established in the preceding section. SECTION 3 SEVERABILITY CLAUSE. If any section, provision or part of this Ordinance Shall be adjudged invalid or unconstitutional, such adjudication shall not affect U U • µ ,. The validity of the Ordinance as a whole or any section, provision or part of said Ordinance not so adjudicated. SECTION 4. REPEALER. All Ordinances and Sections of Ordinances in conflict with this Ordinance are hereby repealed. This Ordinance shall become effective when passed and approved by the City Council and published as provided by Law. PASSED AND APPROVED by the City Council of Marcus, Iowa on this 10th day of April, 2017. F � / o z { M yor-Gary Husman ATTEST: Beverly Ale h MMC/IaCMC First Reading March 13, 2017 Second Reading April 10, 2017 Third Reading waved April 10, 2017 Published April 20, 2017 a `-" } a r . h ORDINANCE NO. 324 ORDINANCE REPEALING ORDINANCE NO 321 AND REPEALING SECTION 6-6-10 OF THE MARCUS CODE OF ORDINANCES Be it ordained by the City Council of Marcus, Iowa as follows: SECTION 1. SEWER RENT AND MANNER OF PAYMENT. The rate of sewer rent shall be $13.00 for the first 1300 gallons each month and $5.92 per 1000 gallons of usage per month thereafter. The rent shall be paid at the same time as the water bill on a monthly basis and shall also be under the same conditions as to penalty and late payment. All payments shall be remitted to the office of the City Clerk of Marcus, Iowa. SECTION 2. REPEALER. All Ordinances and Sections of Ordinances in conflict with this Ordinance are hereby repealed. This Ordinance shall become effective when passed and approved by the City council and published as provided by Law. PASSED AND APPROVED by the City Council of Marcus, Iowa on this 10' day of April, 2017. — v 1VIa r Gary usman AT • ST: Beverly Ales , City Clerk MMC/ICMC First Reading March 13, 2017 Second Reading April 10, 2017 Third Reading waved April 10, 2017 Published April 20, 2017 ..... ... .r.,.. .4v `to.ti ma 's ^Z '• 1 I Gil ✓ ; sr :71 I ORDINANCE NO. 325 ORDINANCE ESTABLISHING ZONING AND PLANNING COMMISSION The City of Marcus,Iowa acting pursuant to Sections 414.6 and 392.1 of the Code of Iowa and to take full advantage of the City Zoning Ordinance does hereby establish a Zoning and Planning Commission as required by Law. BE IT ORDAINED AS FOLLOWS: ZONING AND PLANNING COMMISSION ESTABLISHED.A Zoning and Planning Commission is hereby established.The Commission shall consist of five (5) members appointed by the City Council.Each of the members shall be appointed for a term of five (5) years, excepting that when the Board shall first be created as follows:I member shall be appointed for a term of 5 years,1 for a term of 4 years,1 for a term of 3 years,1 for a term of 2 years,and 1 for a term of 1 year.The Commission shall not carry out its business without having at least three (3) members present. Members of the Commission shall have persons representing the public at large. VACANCIES.If any vacancy exists on the Commission caused by resignation, or otherwise,a successor for the residue of the term shall be appointed in the same manner as the original appointee. COMPENSATION.All members of the Commission shall serve with compensation of $25.00 per meeting,subject to the approval of the Council. POWERS AND DUTIES.The Commission shall have and exercise the following powers and duties: 1. Selection of Officers. The Commission shall choose annually at its first regular meeting one of its members to act as Chairperson and another as Vice Chairperson,who shall perform all the duties of the Chairperson during the Chairperson's absence or disability. 2. Adopt Rules and Regulations.The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary. 3. Zoning.The Commission shall have and exercise all powers in regard to adoption of any regulations,restrictions and boundaries of districts within the existing Zoning Law and may from time to time recommend to the Council amendments,supplements,changes or modifications to the existing Ordinance. {'51 i 4. Recommendations of Improvements.No statuary,memorial or work of art in a public place,and no public building,bridge,viaduct,street fixtures,public structure or appurtenances,shall be located or erected,or site therefor obtained, nor shall any permit be issued by any department of the City for the erection or location thereof until and unless the design and proposed location of any such improvement shall have been submitted to the Commission and its recommendations thereon obtained,except such requirements and recommendations shall not act as a stay upon action for any such improvement when the Commission after thirty (30) days'written notice requesting such recommendations,shall have failed to file same. 5. Review and Comment on Plats.All plans,plats,or re-plats of subdivision or re- subdivisions of land embraced in the City or adjacent thereto,laid out in lots or plats with the streets,alleys,or other portions of the same intended to be dedicated to the public in the City,shall first be submitted to the Commission and its recommendations obtained before approval by the City Council. 6. Review and Comment of Street and Park Improvements. No plan for any such street,park,parkway,boulevard,traffic-way, or other public improvement affecting the City plan shall be finally approved by the City or the character or location thereof determined,unless such proposal shall first have been submitted to the Commission and the Commission shall have had thirty (30) days within which to file its recommendations thereon. REPEALER.Any Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and any references to the City Zoning Commission as set forth in Section 16.19 of the Marcus Iowa Zoning Ordinance,after the adoption of this Ordinance,shall refer to the newly created Commission,the Zoning and Planning Commission. PASSED AND ADOPTED by the City Council of Marcus,Iowa on this day of April,2017. Y j, �r __ Gary W us' n-Mayor ATT ST -CS Beverly Alesc ity Clerk MMC/ICMC First Reading April 10, 2017 Second Reading waved April 10, 2017 Third Reading waved April 10, 2017 Published April 20, 2017 z ................•, o 11•• ✓1„ . •N CFY• 10 NN ORDINANCE No. #326 AN ORDINANCE ADOPTING THE MARCUS,IOWA (17 2017 MUNICIPAL CODE OF ORDINANCES BE IT ORDAINED by the City Council of Marcus,Iowa: Section 1. Pursuant to posted notice,a public hearing has been duly held and the City Council of Marcus,Iowa hereby adopts the Municipal Ordinances as the 2017 Municipal Code of Ordinances for the City of Marcus,Iowa. Section 2. An official copy of the Municipal Code,as adopted including a certification By the City Clerk as to its adoption and effective date, is on file at the office of the City Clerk. Section 3. Copies of the Code shall be kept available at the City Clerk's office for public inspection and sale at cost. Section 4. All general ordinances or parts thereof passed prior to,not contained in the 2017 Municipal Code are hereby repealed except as hereafter provided,or special ordinances not named. Section 5. The following ordinances are specifically saved from repeal: 1-1-1, 1-1-6, 1-1-7, 1-3-1, 1-3-2, 1-3-3, 1-4-2, 1-4-4, 2-2-9,2-3-2,2-3-5, 2-3-6, 2-3-7,2-3-9,2-3-10,2-4-3, 2-7-1,2-11-3,3-1-3,3-1-4, 3-1-5,3-1-6,3-1-7,3-2- 1, 3-2-4,3-2-12,3-3-9,3-4-1, 3-4-2,3-4-3,3-4-4, 3-4-5,3-4-6,3-4-7, 3-4-8, 3-4- 9, 3-4-10, 3-5-15, 3-6-4, 3-6-6, 3-6-7,3-6-10,3-6-36,3-6-44, 3-6-45,3-6-46, 3- ' 6-47,3-6-73, 3-6-74, 3-6-75,3-6-76, 3-6-77,3-6-78,3-6-79, 3-6-82,3-7-1,3-13- 7,4-1-1,4-1-3,4-1-4,4-1-5,4-1-6,4-1-7, 6-1-1, 6-1-5, 6-2-7, 6-2-8, 6-3-6, 6-4- 6, 6-4-15, 6-6-4, 6-6-8, 6-6-9, 6-6-10, 6-6-12, 6-7-3, 6-8-3, 6-8-4, 6-8-28, 6-9-19 i I Section 6. This Ordinance shall be in full,force and effect upon publication as required by Iowa Law. .. ,PASSED BY the City Council of Marcus,Iowa on the 11'"d Se tember, 1'7 art . a� ,,i j -- - -y :i il 1 May -` ' I hcr8by certify that the foregoing was posted as Ordinance No.#326 on September 11',2017. First Reading-July 17'",2017 Second Reading-August 14°i,2017 Third Reading- September 11",2017 lerk Published-September 21st, 2017 G s 0 ^ V 2_ � T ,41. " ORDINANCE NO. 327 AN ORDINANCE MODIFYING WATER AND SEWER RATES BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SECTION MODIFIED. Section 6-6-8 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-6-8 WATER RATES.The following rates and charges for the use of Municipal Water for the residents of the City of Marcus, Iowa and for the service provied by the City Water System are hereby established based on meter readings of the amount consumed: (Code of Iowa, Sec. 384.84(1)) Base water charge per month: $8.03 Unit charge per 1,000 gallons of water consumed per month: $5.20 All meters shall be read and gallonage determined on a monthly billing cycle. SECTION 2. SECTION MODIFIED. Section 6-6-10 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-6-10 RATE OF SEWER RENT AND MANNER OF PAYMENT. The rate of sewer rent shall be set as follows: Base water charge per month: $6.22 Unit charge per 1,000 gallons of water consumed per month: $5.99 The rent shall be paid at the same time as the water bill on a monthly basis and shall also be under the same conditions as to penalty and late payment. All payments shall be remitted to the office of the City Clerk of Marcus, Iowa. (Code of Iowa, Sec 384.84(1)) SECTION 2. SEVERABILITY 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. (l �J '✓ SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 9th day of July, 2018. CITY OF MARCUS 24214 it,viet_ Harlan G. Hansen, Mayor ATTEST: Og{ � itl n A. Letsche, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 327 on the 2"d day of August, 2018. hitU) C' lerk-Treasurer First Reading- 6/11/2018 Second.Reading- 7/9/2018 Third Reading—7/24/2018 Published- 8/2/2018 ✓ fti L\ i r � e Ii • f1 4 ORDINANCE NO. 328 AN ORDINANCE ESTABLISHING A CODE OFFICIAL AND PROCEDURES FOR PROPERTY MAINTENANCE INSPECTION 0 BE IT ENACTED by the City Council of the City of Marcus, Iowa that the following provisions of TITLE III COMMUNITY PROTECTION are modified: SECTION 1. SECTION MODIFIED. Section 3-2-4 of the Code of Ordinances of the City of Marcus, Iowa is modified and the following adopted; 3-2-4 NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the Code Official designated in Chapter 4 of this Title finds that a nuisance or other condition exists which is listed in Section 3-2-2 or 3-2-3 of this Ordinance,the Mayor or his designee shall direct the notification to the property owner as shown by the records of the County Auditor to abate the nuisance within a reasonable time after notice. (Code of Iowa, Sec. 364.12(3)(h)) SECTION 2. SUBSECTION MODIFIED. Section 3-3-3(1) of the Code of Ordinances of the City of Marcus, Iowa is modified and the following adopted; 3-3-3 REMOVAL OF ABANDONED VEHICLES. 1. The Chief of Police or the Code Official designated in Chapter 4 of this Title is hereby authorized to upon adequate notice and authority of a Judge having jurisdiction over matters in the Iowa District Court in and for Cherokee County, Iowa, to remove any vehicle in violation of this Chapter. This includes the authority of the Chief of Police or Code Official to hire other personnel, equipment, and facilities for the purpose of removing,preserving, storing, or disposing of the vehicle. SECTION 3. OFFICIAL MODIFIED. CHAPTER 3 JUNK AND ABANDONED VEHICLES of the Code of Ordinances of the City of Marcus, Iowa is modified to provide wherever"Chief of Police" appears,to state as follows; "Chief of Police or the Code Official designated in Chapter 4 of this Title" /7 SECTION 4. OFFICIAL MODIFIED. CHAPTER 4 PROPERTY MAINTENANCE of the Code of Ordinances of the City of Marcus, Iowa is modified to provide wherever"Enforcement Officer" appears, it shall be replace with"Code Official." SECTION 5. SUBSECTION MODIFIED. Section 3-4-5(2) and 3-4-5(3) of the Code of Ordinances of the City of Marcus, Iowa is modified and the following adopted; u 2 2. Code Official. The Mayor or the appointed individual designated by the City Council. The Code Official is charged with enforcement of Title III, including any chapter therein. 1.11 3. Deterioration. A state of conditions cause by lack of maintenanceor excessive use, characterized by holes,breaks, rot, crumbling,peeling paint, rusting, or other evidence of physical decay or neglect. SECTION 6. SUBSECTION MODIFIED. Section 3-4-7(1)of the Code of Ordinances of the City of Marcus, Iowa is modified and the following adopted; 3-4-7 VIOLATIONS 1. Inspection Report. Whenever the Mayor or Code Official designated in Chapter 4 of this Title is informed that a nuisance or condition exists which is listed in this chapter, the Mayor or Code Official shall provide that an inspection report be prepared within a reasonable time and given to the Mayor and Council. An inspection report shall not be required for violations of 3-4-6(2)(a) or(b). The report shall contain, but shall not be limited to: a. The legal description of the premises and the street address, if any. b. A description of the nuisance or condition, and the conditions that exist that caused the nuisance designation to be applied. c. A statement of the acts necessary to abte the nuisance or condition. d. A reasonable time within which to complete the abatement. e. An estimate of the cost to abate the nuisance. If the abatement notice is regarding a delapidated or dangeroud building, the inspection report shall compare the cost of abatement with a projected cost of reconstruction of the structure. SECTION 7. SECTION REPLACED. Section 3-4-8 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 3-4-8 ADMINISTRATION AND ENFORCEMENT OF CHAPTERS 2,3,4, and 5. 1. The Code Official shall have the authority to carry out any of the duties imposed by the CHAPTERS 2, 3, 4, and 5 of TITLE III COMMUNITY PROTECTION and shall act in accordance with the prescribed procedures of these chapters and with the concurrence of the City Council. 2. Liability. The Code Official, contractor, employee, or anyone charged with the enforcement of these Chapters, while acting under the authority of the jurisdiction, in good faith and without malice in the discharge of the duties, shall not thereby be u } 3 rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. 3. Fees. The fees for activities and services performed by the Code Official in carrying 117 out its responsibilities under this code shall be at a rate of$50.00 per hour, unless otherwise designated by the City Council by resolution. Fees may be collected in accordinance with the assessment of fees designated in Sections 3-2-10, 3-3-5, 3-4- 7(e), and 3-5-5. SECTION 9. SECTIONS REPEALED. Section 3-4-9 and 3-4-10 of the Code of Ordinances of the City of Marcus, Iowa are repealed. SECTION 10. REPEALER. All ordinance or parts or ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 11. SEVERABILITY 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. SECTION 12. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. - .Tyassed and approved this 24th day of July,2018. 7 CITY OF MARCUS "'.1-F C.` •-• 741,47 Harlan G. Hansen, Mayor ATTEST: 0 rtlin A. Letsche, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 328 on the 2"d day of August, 2018. First Reading- 7/24/2018 Second Reading Waived- 7/24/2018 Third Reading Waived- 7/24/2018 Published- 8/2/2018 Ci erk-Treasurer = ttttt ORDINANCE NO. 329 ADOPTION OF THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS BE IT ENACTED by the City of Marcus, Iowa: An Ordinance adopting the 2012 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Marcus, Iowa;providing for the issuance of permits and collection of fees therefor; repealing and replacing Chapter 4 of Title III of the Code of Ordinances for the City of Marcus, Iowa and all other ordinances or parts of laws in conflict therewith. The City Council of the City of Marcus, Iowa does ordain as follows: Section 1. CHAPTER REPEALED. That Chapter 4 of Title III COMMUNITY PROTECTION of the Code of Ordinances of the City of Marcus, Iowa entitled PROPERTY MAINTENANCE: AN ORDINANCE ESTABLISHING MAINTENANCE STANDARDS OF BUILDINGS AND PROPERTY ADDRESSING SOUNDNESS OF PHYSICAL STRUCTURE, APPEARANCE AND CONDITIONS AS DEEMED FIT FOR HABITATION and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 2. CHAPTER ADOPTED. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Marcus, Iowa, being marked and designated as the International Maintenance Code,2012 edition,as published by the International Code Council, be and is hereby adopted as TITLE III COMMUNITY PROTECTION, CHAPTER 4 PROPERTY MAINTENANCE of the Code of Ordinances of the City of Marcus, in the State of Iowa for regulating and governing the conditions and maintenance of all property,buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor;and each and all of the regulations,provisions,penalties,conditions and terms of said Property Maintenance Code on file in the office of the City of Marcus, Iowa are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any,prescribed in Section 2 of this ordinance. Section 3. The following sections are hereby revised: Section 101.1. Insert: City of Marcus,Iowa Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 112.4. Insert: [DOLLAR AMOUNT IN TWO LOCATIONS] Section 302.4. Insert: 8 (eight) inches 1� \A Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Section 4. SECTIONS AMENDED. Four pages attached hereto modify Subsections 302.4, Section 308 (various subsections), and Section 202. Section 5. That is any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Marcus, Iowa hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 6. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section 7. That the City Clerk is hereby ordered and directed to cause this legislation to be published in a newspaper in general circulation and posted in City Hall. Section 8. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect immediately after the date of its final passage and adoption. Passed and approved this 10M day of SPOW{9C4t , 2018. CITY OF MARCUS tsed Harlan G. Hansen, Mayor ATTES : i A. Letsche, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 329 on the_tQttn day of aQpvAndx,r ,2018. 9:1silliPi ify(3TVi/U y Clerk- Treasurer First Reading:8/33/2018 Second Reading: 9/10/2018 Third Reading Waived: 9:10/2018 Published: 9/20/2018 ORDINANCE NO. 330 AN ORDINANCE AMENDING FIREWORKS ORDINANCE BE IT ENACTED by the City Council of the City of Marcus, Iowa that the following provisions of TITLE III COMMUNITY PROTECTION are modified: SECTION 1. SECTION MODIFIED. Section 3-1-5 (6) of the Code of Ordinances of the City of Marcus, Iowa is modified and the following adopted; 6. Discharging firearms and fireworks. (Code of Iowa, Sec. 727.2) a. No person, firm, or corporation shall discharge or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or burn firecrackers, torpedoes, sky rockets, roman candles, or other fireworks, as defined in subparagraph 7(a) below, or other device containing any explosive, unless authorized pursuant to subparagraph 7(c) below. b. In the interest of public health and safety and at such times as approved by the Chief of Police, the police or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem. c. Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theatre, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes. SECTION 2. SECTION RETITLED AND MODIFIED. Section 3-1-5 (7) of the Code of Ordinances of the City of Marcus, Iowa is hereby retitled "Special Rules: Fireworks", the subsections thereof being modified and the following adopted; 7. Special Rules: Fireworks. a. Definition. The term "fireworks" includes any explosive composition, or combination of explosives, substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation and includes blank cartridges, firecrackers, torpedoes, sky rockets, Roman Candles or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive 2 substance. The term "fireworks" does not include gold star-producing sparklers on wires that contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth (1/8) inch in diameter, toy snakes that contain no mercury, or caps used in cap pistols. b. It is unlawful for any person to use or explode fireworks on days other than June 28 through July 6 and December 31 of each year, all dates inclusive. c. Special Exception: Upon acquiring a Fireworks permit described in subparagraph 7(d)below,an applicant may use or explode fireworks between 4:00 p.m. and 11:00 p.m. on June 28 through July 6 and on December 31. d. Fireworks Permit. The City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts: 1. Personal Injury: $250,000.00 per person. 2. Property Damage: $ 50,000.00. 3. Total Exposure: $1,000,000.00. e. It is unlawful for any person to use consumer fireworks on real property other than that person's real property or on the real property of a person who has consented to the use of fireworks on that property. f. The Chief of Police or the Fire Chief may suspend any fireworks permit during a burning ban, at times when dry conditions exist, or when, in its discretion, good cause exists to suspend the same. SECTION 10. REPEALER. All ordinance or parts or ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 11. SEVERABILITY 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. SECTION 12. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 12th day of November, 2018. 1- 3 CITY OF MARCUS Harlan G. Hansen, Mayor ATTEST: GA ? itlir.A. Letsche, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 330 on the 22nd day of November, 2018. 0,76,,,,„ Ci C1 rk—Treasurer First Reading: 11/12/2018 Second Reading: Waived 11/12/2018 Third Reading: Waived 11/12/2018 ORDINANCE NO. 331 AN ORDINANCE ADDING NEW PARAGRAPHS TO A SUBSECTION OF THE ZONING ORDINANCE OF THE CITY OF MARCUS, IOWA TO PROVIDE EXCEPTIONS IN THE HIGHWAY COMMERCIAL ZONING DISTRICT FROM RECREATIONAL PARKING PROHIBITION BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. NEW PARAGRAPHS IN A SUBSECTION. Chapter V of the Zoning Ordinance regulates Fences, Patios and Decks, Off-Street Parking and Storage. Subsection 3(B) regulates Off-Street Parking of Motor Vehicle Parking and Storage. The following paragraphs shall be added to said subsection and numbered as hereby adopted: (10) Exception. Recreational Vehicles and Motor Vehicles shall be permitted on all HC zoned real estate south of Highway 3. (11) Temporary Exception. Up to and until January 1, 2020, all owners of HC zoned real estate may apply to City Hall to have one or more Recreational Vehicles permitted on the premises. a. No application may be approved without proof of the following: i. Proof of Insurance for Such Activity ii. Plans for Electric,Water, and Sewer Utility Availability iii. Proper Waste Removal iv. Promise to require no open fire permitted on the premises. v. Plan for Removal. b. No Recreational Vehicles shall be permitted on the premises until the City has inspected the premises for compliance. c. The real estate shall be restored to permitted use by June 1, 2020 and service panels removed. d. Failure to abide by this ordinance shall result in immediate revocation of the application at Owner's expense,a municipal infraction,and/or any other remedy available to the City of Marcus, Iowa. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. 2 Passed and approved this 15th day of April,2019. 74.14 Harlan G. Hansen—Mayor ATTEST: Ci lerk—Treasurer I certify that the foregoing was published as Ordinance No. ��311//�� � on the 25th day-of April,2019. C' lerk—Treasurer First Reading: April 11th,2019 Second Reading: April 15th, 2019 Third Reading: Waived April 15th, 2019 ORDINANCE NO. 332 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS,THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT,ERECT, MAINTAIN AND OPERATE IN THE CITY OF MARCUS, IOWA, A NATURAL GAS SYSTEM AND TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS. BE IT ENACTED by the City Council of the City of Marcus, Iowa: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, (hereinafter called"Company,)" and to its successors and assigns the right and non-exclusive franchise to acquire, construct, erect,maintain and operate in the City of Marcus,Iowa,(hereinafter called the"City,)"a gas distribution system,to furnish natural gas along, under and upon the right-of-way, streets, avenues, alleys and public places to serve customers within and without the City and to furnish and sell natural gas to the City and its inhabitants.For the term of this franchise, the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this ordinance. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2019, or as subsequently amended or changed. Section 3. Company shall have the right to excavate in any public street for the purpose of laying,relaying, repairing or extending gas pipes,mains,conduits,and other facilities provided that the same shall be so placed as not to unreasonably interfere with any above or below-ground utility services or facilities which have been or may hereafter be located by or under authority of the City. Section 4. The Company shall,excluding facilities located in private easements(whether titled in Company exclusively or in Company and other entities), in accordance with Iowa law including Company's tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended("Tariff,") at its cost and expense, locate and relocate its existing facilities or equipment in,on,over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction reconstruction, maintenance or repair of the street or alley.Relocation expenses for other hard surfaces,including pedestrian and non- motorized vehicle pathways,will be paid by the City.If the City has a reasonable alternative route for the street,alley or public improvements or an alternative construction method, which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested the City shall provide,at no cost to the Company,copies of its relocation plan and 1 profile and cross section drawings.If tree and vegetation removal must be completed by the City as part of the City's project and are necessary whether or not utility facilities must be relocated, the City at its own cost shall be responsible for said removals. If the timing of the tree/vegetation removal does not coincide with the Company facilities relocation schedule and Company must remove trees/vegetation that are included in the City's portion of the project,the City shall either remove the material at its cost or reimburse the Company for the expenses incurred to remove said vegetation or trees. If project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 5. In making excavations in any streets,avenues,alleys and public places for the installation of gas pipes, conduits or apparatus, Company shall not unreasonably obstruct the use of the streets and shall replace the surface,restoring it to the condition as existed immediately prior to excavation.Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition. The Company shall not be required to restore or modify public right of way,sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition or to a condition exceeding its previously existing condition to the extent any alterations are required for the City to comply with city,state or federal rules,regulations or laws. Section 6.The City's vacating a street,avenue,alley,public ground or public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities on, below, above, or beneath the vacated property.Prior to the City abandoning or vacating any street,avenue,alley or public ground where the Company has facilities in the vicinity, the City shall provide Company with not less than sixty (60) days advance notice of the city's proposed action and,upon request grant the Company a utility easement covering existing and future facilities and activities. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground, the City shall at its cost and expense obtain easements for the existing Company facilities. Section 7. The Company 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 at any time during the previous ten (10)years. Section 8. Pursuant to relocation of Company facilities as may be required here under,if the City orders or requests the Company to relocate its existing facilities or equipment in order to directly or indirectly facilitate the project of a commercial or private developer or other non-public entity,City shall reimburse or the City shall require the developer or non-public entity to reimburse the Company for the cost of such relocation as a precondition to relocation. The Company shall not be required to relocate in order to facilitate such private project at its expense. 2 Section 9. The Company shall indemnify and save harmless the City from any and all claims,suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, to the extent caused or occasioned by the Company's negligence in construction,reconstruction,excavation,operation or maintenance of the natural gas facilities authorized by this franchise;provided,however,that the Company shall not be obligated to defend,indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents. Section 10. Upon reasonable request, the Company shall provide the City, on a project specific basis, information indicating the horizontal location,relative to boundaries of the right of way,of all equipment which it owns or over which it has control that is located in the public right of way, including documents, maps and other information in paper or electronic or other forms("Information"). The Company and City recognize the Information may in whole or part be considered a confidential record under state or federal law or both. Upon receipt of a request from a third party for information concerning information about the Company's facilities within the City,the City will promptly submit same to Company.If the Company believes any of the information requested constitutes a trade secret which may otherwise be protected from public disclosure by state or federal law, or otherwise exempt from disclosure under the provisions of the Freedom of Information Act, the Federal Energy Regulatory Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and 388.113,or Chapter 22 of the Code of Iowa, as such statutes and regulations may be amended from time to time, then the Company shall provide the City with a written explanation of the basis for such assertion of confidentiality or exemption from disclosure within ten(10) days. Section 11. The Company shall extend its mains and pipes and operate, and maintain the system in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law. Section 12. During the term of this franchise, the Company shall furnish natural gas in the quantity and quality consistent and in accordance with the applicable regulations of the Iowa Utilities Board the Company's tariff made effective by the Iowa Utilities Board or its successors and Iowa law. Section 13. All reasonable and proper police regulations shall be adopted and enforced by the City for the protection of the facilities of the Company. Section 14. A franchise fee of zero(0)percent is imposed upon,and shall be collected from,the natural gas customers of the Company receiving service and located within the corporate limits of the City. The franchise fee shall be imposed upon the gross receipts, minus uncollectible accounts, generated from sales of natural gas and distribution service: A. The City agrees to modify the level of franchise fees imposed only once in any 24-month period. B.The Company will commence collecting franchise fees on or before the first Company billing cycle of the 3 first calendar month following ninety(90)days of receipt of information required of the City to implement the franchise fee,including the City's documentation of customer classes subject to or exempted from City- imposed franchise fee. C.The City shall be solely responsible for identifying customer classes subject to or exempt from paying the City imposed franchise fee.The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail.The Company shall commence collecting franchise fees in the annexed areas no sooner than sixty(60)days after receiving annexation ordinances from the City. D.The Company shall not,under any circumstances be required to return or refund any franchise fees that have been collected from customers and remitted to the City..In the event the Company is required to provide data or information in defense of the City's imposition of franchise fees or the Company is required ' to assist the 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. Section 15. Upon implementation of a franchise fee,the City shall not,pursuant to Chapter 480A.6 of the Code of Iowa, impose or charge Company right of way management fees for permits for Company construction, maintenance, repairs, excavation, pavement cutting or inspections of Company work sites and projects or related matters. Section 16. 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 breaching party shall have sixty(60)days to cure the breach,unless it notifies the non-breaching party,and the parties agree upon a shorter or longer period for cure. If 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. Section 17. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision, or part thereof not adjudged invalid or unconstitutional. Section 18. To the fullest extent permitted by law,each of the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or indirectly arising out of,under or I connection with this Agreement. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other 4 action in which a jury trial cannot be or has not been waived. Section 19.This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within ten(10) days of its final passage. The Company shall, within thirty (30) days after the City Council approval of this ordinance, file in the office of the clerk of the City,its acceptance in writing of all the terms and provisions of this ordinance.Following City Council approval,this ordinance shall be published in accordance with the Code of Iowa.The effective date of this ordinance shall be the date of publication.In the event that the Company does not file its written acceptance of this ordinance within thirty(30) days after its approval by the City Council this ordinance shall be void and of no effect. Section 20. Upon the effective date of this ordinance, all prior natural gas franchises granted to the Company to furnish natural gas to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. PASSED AND APPROVED this 11th day of February, 2019. CITY OFMAARCUS,IIOO}WA By: 7,4 �/� ........ Mayor/Mayor Pro Tem ti. ATTEST: Is 1 /66(49,a9?21'C (OFFICIAL SEAL) :`-y`_y ' City Clerk �'•- -•-` ��` I,Kaitlin Letsche,City Clerk of the City of Marcus,Iowa,hereby certify that the above and foregoing is a true copy of Ordinance No. 332,passed by the City Council of said City at a meeting held February 11th,2019,and signed by _ the mayor February 11th,2019, and published as provided by law on February 2l , 2019 w. J��'''>>� y. et. (OFFICIAL SEAL) City Clerk ✓;, s raa First Reading: 2/11/2019, Second Reading: Waived-2/11/2019, Third Reading: Waived-2/1172019 5 ORDINANCE NO. 333 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE,CONSTRUCT,ERECT,MAINTAIN AND OPERATE IN THE CITY OF MARCUS, IOWA, AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS. BE IT ENACTED by the City Council of the City of Marcus, Iowa: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, (hereinafter called "Company,)" and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Marcus, Iowa, (hereinafter called the "City,)" a system for the transmission and distribution of electric energy and communications signals along, under, over and upon the streets,avenues,rights of way and alleys to serve customers within the City,and to furnish and sell electric energy to the City and its inhabitants. The Company is granted the right to exercise of powers of eminent domain,subject to City Council approval. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this ordinance. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2019 or as subsequently amended or changed. Section 3.The Company shall have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as to excavate and bury conduits or conductors for the distribution of electric energy and communications signals in and through the City,provided the same shall be placed in accord with this franchise and City code regulations of the City, regarding the placement of structures, facilities, accessories or other objects in the right of way, including ordinances which assign corridors or other placements to users of the right of way and requirements which may be adopted regarding separation of structures, facilities, accessories or other objects. Section 4. The Company shall, excluding facilities located in private easements (whether titled in Company exclusively or in Company and other entities), in accordance with Iowa law including Company's Tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended("Tariff'), at its cost and expense, locate and relocate its existing installations located in, on, over or under the right-of-way of any public street, right of way or alley in the City in such a manner as the City may require for the purposes of facilitating the construction, reconstruction,maintenance or repair of the street right of way or alley. If the City has a reasonable alternative route for the street,right of way or alley or an alternative construction method,which would not cause the relocation of Company installations or would minimize the cost or expense of relocation of Company 1 installations, the City and Company shall work together to consider said alternative route or construction method. The City shall, in the extension or modification of streets and roads,make provision for the placement of company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets, the City shall,to the extent practicable design such changes to limit the need for relocation of Company facilities. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested, the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings. If vegetation and tree removals must be completed by the City as part of the City's project and are necessary whether or not utility facilities must be relocated, the City at its own cost shall be responsible for said removals. If the timing of vegetation and tree removals does not coincide with Company's facilities relocation schedule and the Company must remove vegetation and trees that are included in the City's portion of the project, the City shall either remove them or reimburse the Company for the expenses incurred to remove said materials. If project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall use its best efforts to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 5. In making excavations in any streets, avenues and public places for the installation, maintenance or repair of conductor, conduits or the erection of poles and wires or other appliances,the Company shall not unreasonably obstruct the use of the streets. The Company in making such excavations shall, if required by ordinance, obtain a City permit therefore and provide City representatives with advance notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require immediate excavation,the Company may proceed with the work without first applying for or obtaining the permit,provided, however, that Company shall apply for and obtain the 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 such work. 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, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition. Company shall complete all repairs in a timely manner. Company agrees any replacement of road surface shall conform to current City ordinances regarding its depth and composition. Section 6. Vacating a street, avenue, alley, public ground or public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities and their replacements on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, alley or public ground 2 where the Company has electric facilities,the City shall grant the Company a utility easement for said facilities. Section 7. The Company 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 previous ten(10) years. Section 8. Pursuant to relocation of Company facilities, if the City orders or requests the Company to relocate its existing facilities or equipment in order to directly facilitate a project for the primary benefit of a commercial or private developer or other non-public entity, the City shall require the developer or non-public entity to reimburse the Company for the cost of such relocation as a precondition to relocation of its existing facilities or equipment. The Company shall not be required to relocate in order to facilitate such private project at its expense. Section 9. The Company shall indemnify, save and hold harmless the City from any and all claims, suits, losses,damages,costs or expenses, on account of injury or damage to any person or property,to the extent caused or occasioned by the Company's negligence in construction,reconstruction,excavation,operation or maintenance of the electric facilities authorized by this franchise; provided,however, that the Company shall not be obligated to defend,indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents. Section 10. The pruning and removal of vegetation and trees shall be done in accordance with current nationally accepted safety and utility industry standards and federal and state law, rules and regulations. The Company is authorized and empowered to prune or remove at Company expense, any tree extending into any street, avenue,right of way, alley,public place or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches, or trunks from interfering with the wires and facilities of the Company. The pruning and removal of vegetation and trees shall be completed in accordance with nationally accepted safety and utility standards, NSI Z133.1-2012, American National Standard for Arboricultural Operations-Safety Requirements, and ANSI A300(part 1)—2008 Pruning, (Revision of ANSI A300 part 1-2001) American National Standard for Tree, Shrub, and other Woody Plant Management — Standard of Practices (Pruning) or subsequent revisions to these standards, and City ordinances regarding the pruning of trees that incorporate by reference that standard. Section 11. Upon reasonable request, the Company shall provide the City, on a project specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in City right of way, including documents, maps and other information in paper or electronic or other forms ("Information.") The Company and City recognize the Information may in whole or part be considered a confidential record under state or federal law or both. Therefore, City shall not release any Information without prior consent of the Company and shall return the Information to 3 Company upon request. City recognizes that Company claims the Information may constitute a trade secret or is otherwise protected from public disclosure by state or federal law on other grounds, and agrees to retain the Information in its non-public files. Furthermore, the City agrees that no documents, maps or other 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 Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, or Chapter 22 of the Code of Iowa, as such statutes and regulations may be amended from time to time. In the event 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 Company shall assume, upon request of the City, the defense of said action and reimburse the City any and all costs, including attorney fees and penalties to the extent allowed by law. Section 12. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law.During the term of this franchise, the Company shall furnish electric energy in the quantity and quality consistent with and in accordance with the applicable regulations of the Iowa Utilities Board, the Company's tariff and made effective by the Iowa Utilities Board or its successors and Iowa law. Section 13. There is hereby imposed upon the customers a franchise fee of zero (0) percent upon the gross revenues,minus uncollectible accounts,generated from sales of electricity and distribution service,pursuant to the Tariff, by the Company within the corporate limits of the City. The franchise fee shall be remitted by the Company to the City on or before the last business day of the calendar quarter following the close of the calendar quarter in which the franchise fee is charged. A. The City agrees to modify the level of franchise fees imposed only once in any 24-month period. B. The Company will commence collecting franchise fees on or before the first Company billing cycle of the first calendar month following ninety (90) days of receipt of information required of the City to implement the franchise fee, including the City's documentation of customer classes subject to or exempted from City-imposed franchise fee. C. The City shall be solely responsible for identifying customer classes subject to or exempt from paying the City imposed franchise fee. The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail. The Company shall commence collecting franchise fees in the annexed areas no sooner than sixty (60) days after receiving annexation ordinances from the City. D.The Company shall not,under any circumstances be required to return or refund any franchise fees that have been collected from customers and remitted to the City. In the event the Company is required to 4 provide data or information in defense of the City's imposition of franchise fees or the Company is required to assist the 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. Section 14. The City shall not, pursuant to Chapter 480A.6 of the Code of Iowa. impose or charge right of way management fees upon the Company or fees for permits for Company construction,maintenance,repairs, excavation,pavement cutting or inspections of Company work sites and projects or related matters. Section 15.This franchise shall apply to and bind the City and Company and their successors and assigns. Section 16. 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 breaching 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 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. Section 17. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. Section 18.To the fullest extentpermitted bylaw, each of theparties hereto waives anyright it mayhave g to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. Section 19.This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company.The City shall provide Company with an original signed and sealed copy of this ordinance within 10 days of its final passage. The Company shall, within thirty (30) days after the City Council approval of this ordinance, file in the office of the clerk of the City,its acceptance in writing of all the terms and provisions of this ordinance.Following City Council approval,this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of publication.In the event Company does not file its written acceptance of this ordinance within thirty (30) days after its approval by the City Council, this ordinance shall be void and of no effect. 5 Section 20. Upon the effective date of this ordinance, all prior franchises granted to the Company to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. PASSED AND APPROVED this 11th day of February, 2019. CITY OF MARCUS, IOWA By: %YQat Mayor/Mayor Pro Tern J (OFFICIAL SEA') ),L.' City Clerk • ✓ C I, Kaitlin Letsche, City Clerk of the City of Marcus, Iowa, hereby certify that the above and foregoing is a true th copy of Ordinance No. 333, passed by the City Council of said City at a meeting held February 11 , 2019, and signed by the mayor February 11th, 2019, and published/posted as provided by law on February 21st, 2019. 1, F w•• (OFFICIAL SEAL) t y City Clerk First Reading: 2/11/2019, Second Reading: Waived-2/11/2019, Third Reading: Waived-2/11/2019 6 ORDINANCE NO. 334 AN ORDINANCE AMENDING FIREWORKS ORDINANCE BE IT ENACTED by the City Council of the City of Marcus, Iowa that the following provisions of TITLE III COMMUNITY PROTECTION are modified: SECTION I. SUBSECTION MODIFIED. Section 3-1-5 (7)(c) of the Code of Ordinances of the City of Marcus, Iowa is hereby modified and the following adopted; c. Special Exception: Upon acquiring a Fireworks permit described in subparagraph 7(d) below, an applicant may use or explode fireworks between 4:00 p.m. and 10:00 p.m. on June 28 through July 6 and on December 31. SECTION 2. REPEALER. All ordinance or parts or ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. SEVERABILITY 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. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 10`" day of June, 2019. CITY OF MARCUS Harlan G. Hansen, Mayor ATTEST: Vital4196(/°— A. Letsche, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 334 on the 201" day of June, 2019. First reading - June 10, 2019 Second reading waived- June 10, 2019 Third reading wavied - June 10, 2019 ��,�it'// C' C erk - Treasurer _; ORDINANCE NO. 335 0 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND THE ZONING DISTRICTS AS ESTABLISHED IN THE CITY CODE OF MARCUS,IOWA,BY CHANGING BOUNDARIES OF GENERAL BUSINESS/HIGHWAY COMMERCIAL TO RESIDENTIAL DISTRICT. BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SECTION MODIFIED. That the official Zoning Map, and the Zoning Districts as established in the City Code of the City of Marcus, Iowa are hereby amended by Re-Zoning of real properties described below from is present classification of GB/HC (General Business/Highway Commercial) to a new classification of an R-1-R-3 (Residential District): A parcel of land described as being a part of Block Three of Vacated Fenton's Addition to Marcus, which was platted in a part of the E1/2 of the NE1/4 of Section 4, Township 92 North, Range 42 West of the 5th P.M., Cherokee County, Iowa SECTION 2. SEVERABILITY 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. OSECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this 12th day of August, 2019. CITY OF MARCUS, IOWA • Harlan G. Hansen—Mayor ATTEST: Robin A. Harvey, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 335 on the 21st day of August, 2019. First reading—August 12, 2019 Second reading waived—August 12, 2019 Third reading wavied—August 12, 2019 City Clerk - Treasurer 0 0 0 • ORDINANCE NO. 336 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA BY AMENDMENTS AND ADOPTION OF PROVISIONS PERTAINING TO ANIMAL CONTROL BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Section 4-1-1 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 55.01 DEFINITIONS. The following terms are defined for use in this chapter. 1. "Advertise" means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation. 2. "Animal" means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1) 3. "At large" means off the premises of the owner and not under the control of a • competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel. 4. "Dog" means any animal of the canine species, does not include those dangerous canines. 5. "Cat" means any animal of the feline species, does not include those dangerous felines. 6. "Fair" means any of the following; • A. The Marcus Fair, or any annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa. B. An exhibition of agricultural or manufactured products. C. An event for operation of amusement rides or devices or concession booths. 7. "Livestock" means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry. (Code of Iowa, Sec. 717.1) • 8. "Owner"means any person owning, keeping, sheltering or harboring an animal (or allowing the keeping, sheltering or harboring of an animal on the premises of said person.) 2 9. "Pet" means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana. SECTION 2.NEW SUBSECTIONS. Subsections 4-1-11 to 4-1-16 of the Code of Ordinances of the City of Marcus, Iowa are hereby adopted: 4-1-11 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering. (Code of Iowa, Sec. 717B.3) 4-1-12 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices. (Code of Iowa, Sec. 717.2) 4-1-13 ABANDONMENT OF CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound. (Code of Iowa, Sec. 717B.8) 4-1-14 LIVESTOCK. It is unlawful for a person to keep livestock within the City except pursuant to 4-1-16 herein, written consent of the Council, or in compliance with the City's zoning regulations. 4-1-15 LIMITATION ON NUMBER OF DOMESTIC ANIMALS. No household within the corporate limits of the City shall maintain more than three (3) separate or combination of three domestic animals together with litters therefrom up to the age of six (6) months. This section does not apply to kennels or veterinary clinics in agricultural, commercial or industrial zoning districts. 4-1-16 DANGEROUS OR ILLEGAL ANIMAL EXCEPTIONS. The prohibitions contained of this chapter shall not apply to the keeping of dangerous or illegal animals in the following circumstances: 3 1. The keeping of dangerous or illegal animals in a public zoo, bona fide educational or medical institution, humane society or museum where they are kept as live specimens for the public to view or for the purpose of instruction, research or study. . 2. The keeping of dangerous or illegal animals for exhibition to the public by a bona fide traveling circus, carnival, fair, exhibit or show. 3. The keeping of dangerous or illegal animals in a bona fide, licensed veterinary hospital for treatment. 4. The keeping of dangerous or illegal animals by a wildlife rescue organization with appropriate permit from the Iowa Department of Natural Resources. Any dangerous or illegal animals under the jurisdiction of and in the possession of the Iowa Department of Natural Resources, pursuant to Chapters 481A and 481 B of the Code of Iowa. SECTION 7. SEVERABILITY 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. SECTION 8. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 9th day of September 2019. 144 j • Harlan G. Hansen Mayor ATTEST: � a-� Robin A. Harvey City Clerk I certify that the foregoingwas published onSeptgmber 18th, 2019 as Ordinance No.336 First reading— September 9, 2019 Second reading waived— September 9, 2019 Third reading wavied—September 9, 2019 L-Petm-H a- City Clerk - Treasurer ORDINANCE NO. 337 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS,IOWA BY AMENDING TREE TRIMMING HEIGHT BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Section 3-5-4 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 3-5-4 DUTY TO TRIM TREES. The owner or agent of there abutting property shall keep the trees on overhanging the sidewalkes trimmed so that all branches will be at least ten(10)feet above the sidewalks. SECTION 2. SUBSECTION MODIFIED. Section 3-5-7 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 3-5-7 REMOVAL OF TREES. 1. As it deems appropriate, the City will trim trees overhanging the street so that all branches will be at least fifteen (15) feet above the surface of the street. However, only the portion of the trees trimmed along the street will be trimmed, unless it is being trimmed in conformity with 3-5-4 above. 2. The City shall remove any tree on the streets of the City which interferes with the making of improvements or with travel thereon. The Council shall additionally remove any diseased trees or deadwood,not on privately owned property or right of way,which have become diseased,or which consitute a danger to the public,or which may be otherwise declared a nuisance. (Code of Iowa, Sec. 364.12(2)(c)) SECTION 3. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this O day of JAnual E, 2020. %at ,24nes_ Harlan G. Hansen—Mayor ATTEST: LagtliYi at Robin A. Harvey—City Clerk I certify that the foregoing was published as Ordinance No. 340 on the tly 1111 day of l J&#i/,A Z f. 2020. -!Pzi a. City Clerk First REading: January 13th, 2020 Second Reading: January 13th, 2020 Third REading: January 13th, 2020 ORDINANCE NO. 338 AN ORDINANCE PERMITTING HORSES IN CERTAIN ZONING DISTRICTS AS A CONDITIONAL USE BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. This Ordinance is in response to the recent Ordinance increasing the limit on livestock within the City of Marcus, Iowa. Equine species are now included within the definition of livestock. While reasonably controlling the livestock population is a priority of the City, the Council did not intend on enforcing this provision on the individuals currently caring for horses on their property in the zoning districts that follow. This measure was reviewed and approved by the Planning &Zoning Commission prior to its presentation before the Council. SECTION 2. SUBSECTION MODIFIED. That Subsection 1(C) of Section IV Designation of Districts as established in the Zoning Code of the City of Marcus, Iowa are hereby amended to include horses as follows: C. Conditional Uses. The following uses may be permitted in District A subject to approval by the Board of Adjustment after notice of public hearing: (1) Livestock. With regard to cattle and horses, there will be a limitation to one head with calf or foal per acre, grazing only, with no feedlots or confinements. SECTION 3.NEW SUBSECTION. That Subsection 2(E) of Section IV Designation of Districts as established in the Zoning Code of the City of Marcus, Iowa is hereby adopted: E. Conditional Uses. The following uses may be permitted in District R-1/R-3 subject to approval by the Board of Adjustment after notice of public hearing: (I) Horses. With regard to horses, there will be a limitation to one head with foal per acre, grazing only. SECTION 4. GRANDFATHER CLAUSE. Horses previously permitted on a parcel within said Zoning Districts prior to July 1, 2019 shall not be required to acquire a conditional use permit. SECTION 5. SEVERABILITY 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. F 2 SECTION 6. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this qth day of DC4emba , 2019. Al irri--0' H lan G. Hansen-Mayor ATTEST: (-1P9402AR a. f\latieJit- City Clerk-Treasurer Irsertify th t the foregoing was published as Ordinance No. 338 on the /� day of of&Pr f, 2019. First reading-December 9, 2019 Second reading waived-December 9, 2019 Third reading waived-December 9, 2019 a 1J� iz - City Clerk- Treasurer I I ORDINANCE NO. 340 AN ORDINANCE ADDING NEW PARAGRAPHS TO A SUBSECTION OF THE ZONING ORDINANCE OF THE CITY OF MARCUS, IOWA TO EXTEND TEMPORARY EXCEPTIONS WITHIN THE RECREATIONAL PARKING PROHIBITION BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION AMENDED. Chapter V of the Zoning Ordinance regulates Fences, Patios and Decks, Off-Street Parking and Storage. Subsection 3(B) regulates Off-Street Parking of Motor Vehicle Parking and Storage. The following subparagraph shall be repealed and the following adopted: (10) Temporary Exception. Up to and until January 1, 2021, all owners of HC zoned real estate may apply to City Hall to have one or more Recreational Vehicles permitted on the premises. a. No application may be approved without proof of the following: i. Proof of Insurance for Such Activity ii. Plans for Electric, Water,and Sewer Utility Availability iii. Proper Waste Removal iv. Promise to require no open fire permitted on the premises. v. Plan for Removal. b. No Recreational Vehicles shall be permitted on the premises until the City has inspected the premises for compliance. c. The real estate shall be restored to permitted use by June 1, 2020 and service panels removed. d. Failure to abide by this ordinance shall result in immediate revocation of the application at Owner's expense,a municipal infraction, and/or any other remedy available to the City of Marcus, Iowa. SECTION 2. SEVERABILITY 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. 2 SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 13th day of January 13,2020. Harlan G. Hansen Mayor ATTE��ST:in a . 4-10/1fbar Robin A. Harvey City Clerk ed I c tify that the foregoing was published as Ordinance No. 337 on the �o � day of , 2020. a. City Clerk First Reading: January 13th, 2020 Second Reading: January 13th, 2020 Third Reading: January 13th, 2020 ORDINANCE 341 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS,IOWA,BY AMENDING PROVISIONS PERTAINING TO BUDGET ADOPTION Be It Enacted by the City Council of the City of Marcus,Iowa: SECTION 1. SECTION MODIFIED. Section 2-5-1 of the Code of Ordinances of the City of Marcus,Iowa,is repealed and the following adopted in lieu thereof: 2-5-1 BUDGET ADOPTION. Annually,the City shall prepare and adopt a budget,and shall certify taxes as follows: (Code of Iowa, Sec.384.16) 1. A budget shall be prepared for at least the following fiscal year. When required by the rules of the State City finance committee, a tentative budget shall be prepared for one or two ensuing years. The proposed budget shall show estimates of the following: a. Expenditures for each program. b. Income from sources other than property taxation. c. Amount to be raised by property taxation, and the property tax rate expressed in dollars per one thousand dollars valuation. The budget shall show comparisons between the estimated expenditures in each program in the following year and actual expenditures in each program during the two (2) preceding years. Wherever practicable, as provided in rules of the State City finance committee, a budget shall show comparisons between the levels of service provided by each program as estimated for the following year, and actual levels of service provided by each program during the two preceding years. 2. Resolution Establishing Maximum Property Tax Dollars. The Council shall adopt a resolution establishing the total maximum property tax dollars that may be certified for levy that includes taxes for City government purposes under Code of Iowa Section 384.1,for the City's trust and agency fund under Code of Iowa Section 384.6, Subsection 1, for the City's emergency fund under Code of Iowa Section 384.8, and for the levies authorized under Code of Iowa Section 384.12, Subsections 8, 10, 11, 12, 13, 17, and 21, but excluding additions approved at election under Code of Iowa Section 384.12, Subsection 19. (Code of Iowa, Sec. 384.15A) a. The Council shall set a time and place for a public hearing on the resolution before the date for adoption of the resolution and shall publish notice of the hearing not less than 10 nor more than 20 days prior to the hearing in a newspaper published at least once weekly and having general circulation in the City. b. If the City has an internet site,the notice shall also be posted and clearly identified on the City's internet site for public viewing beginning on the date of the newspaper publication or public posting, as applicable. Additionally, if the City maintains a social media account on one or more social media applications, the public hearing notice or an electronic link to the public hearing notice shall be posted on each such account on the same day as the publication of the notice. All of the following shall be included in the notice: (1) The sum of the current fiscal year's actual property taxes certified for levy under the levies specified in this subsection and the current fiscal year's combined property tax levy rate for such amount that is applicable to taxable property in the City other than property used and assessed for agricultural or horticultural purposes. (2) The effective tax rate calculated using the sum of the current fiscal year's actual property taxes certified for levy under the levies specified in this subsection, applicable to taxable property in the City other than property used and assessed for agricultural or horticultural purposes. (3) The sum of the proposed maximum property tax dollars that may be certified for levy for the budget year under the levies specified in this subsection and the proposed combined property tax levy rate for such amount applicable to taxable property in the City other than property used and assessed for agricultural or horticultural purposes. (4) If the proposed maximum property tax dollars specified under Subparagraph (3) exceed the current fiscal year's actual property tax dollars certified for levy specified in Subparagraph (1), a statement of the major reasons for the increase. Proof of publication shall be filed with and preserved by the County Auditor. The Department of Management shall prescribe the form for the public hearing notice for cities and the form for the resolution to be adopted by the Council under Paragraph C of this subsection. c. At the public hearing, the Council shall receive oral or written objections from any resident or property owner of the City. After all objections have been received and considered,the Council may decrease, but not increase,the proposed maximum property tax dollar amount for inclusion in the resolution and shall adopt the resolution and file the resolution with the County Auditor as required under Code of Iowa Section 384.16, Subsection 3. d. If the sum of the maximum property tax dollars for the budget year specified in the resolution under the levies specified in this subsection exceeds 102 percent of the sum of the current fiscal year's actual property taxes certified for levy under the levies specified in this subsection,the Council shall be required to adopt the resolution by a two-thirds majority of the membership of the Council. e. If the City has an internet site, in addition to filing the resolution with the Auditor under Code of Iowa Section 384.16, Subsection 3, the adopted resolution shall be posted and clearly identified on the City's internet site for public viewing within 10 days of approval by the Council. The posted resolution for a budget year shall continue to be accessible for public viewing on the internet site along with resolutions posted for all subsequent budget years. 3. Council Review. The Council shall review the proposed budget and may make any adjustments it deems appropriate in the budget before accepting such proposal for publication,hearing,and final adoption. 4. Notice of Hearing. Following, and not until adoption of the resolution required under Subsection 4 of this section,the Council shall set a time and place for public hearing on the budget to be held before March 31 and shall publish notice of the hearing not less than 10 nor more than 20 days before the hearing. A summary of the proposed budget and a description of the procedure for protesting the City budget under Section 384.19 of the Code of Iowa, in the form prescribed by the Director of the Department of Management, shall be included in the notice. Proof of publication of the notice under this subsection and a copy of the resolution adopted under Subsection 4 of this section must be filed with the County Auditor. (Code of Iowa, Sec. 384.16[3]) 7. Copies of Budget on File. Not less than 20 days before the date that the budget must be certified to the County Auditor and not less than 10 days before the public hearing,the Clerk shall make available a sufficient number of copies of the detailed budget to meet the requests of taxpayers and organizations,and have them available for distribution at the offices of the Mayor and Clerk and at the City library. (Code of Iowa, Sec. 389.16[2]) 8. Adoption and Certification. After the hearing, the Council shall adopt, by resolution, a budget for at least the next fiscal year and the Clerk shall certify the necessary tax levy for the next fiscal year to the County Auditor and the County Board of Supervisors. The tax levy certified may be less than, but not more than, the amount estimated in the proposed budget submitted at the final hearing or the applicable amount specified in the resolution adopted under Subsection 4 of this section. Two copies each of the detailed budget as adopted and of the tax certificate must be transmitted to the County Auditor. (Code of Iowa, Sec. 384.16[5]) SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Couqncil on the /3� day of jollany ,LUZ(l , and approved this /3` A day of UJ l9G[ll/L/ ,902C . v i Harlan .Hansen-Mayor A EST: a- Robin A.Harvey-City Clerk First Reading: JGt/)teen V! 13 2026 Second Reading: Jeng- /2f 1./,2(2ZO Third Reading:4a i2y13,, .26220 n I certify that he foregoing was published as Ordinance No.31I on the day of Liannalq- `� a , i City Clerk ORDINANCE NO. 343 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CONCERNING ANIMALS AT LARGE AND ANIMAL WASTE BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Section 4-1-1 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 55.01 DEFINITIONS. The following terms are defined for use in this chapter. 1. "Advertise"means to present a commercial message in any medium including but not limited to print,radio, television, sign, display, label, tag or articulation. 2. "Animal"means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1) 3. "At large" means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel. 4. "Dog" means any animal of the canine species, does not include those dangerous canines. 5. "Cat" means any animal of the feline species, does not include those dangerous felines. 6. "Fair"means any of the following; A. The Marcus Fair, or any annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code oflowa. B. An exhibition of agricultural or manufactured products. C. An event for operation of amusement rides or devices or concession booths. 7. "Leash" means a rope, line, chain or similar restraint which is sufficient to hold the animal in check. Length of leash shall be no more than ten(10) feet. 8. "Livestock" means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches,rheas, emus or poultry. (Code of Iowa, Sec. 717.1) 9. "Owner"means any person owning,keeping, sheltering or harboring an animal(or allowing the keeping, sheltering or harboring of an animal on the premises of said person.) 2 10. "Pet"means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil,hamster, mouse,parrot, canary,mynah, finch,tropical fish, goldfish, snake,turtle, gecko or iguana. SECTION 2. SUBSECTION MODIFIED. Subsections 4-1-4 of the Code of Ordinances of the City of Marcus, Iowa are hereby repealed and the following adopted in lieu thereof: 4-1-4 AT LARGE PROHIBITED. No animal shall be found at large within the City at any time. The penalty for each violation of this provision shall be a fine of$25.00. A properly licensed animal shall not be deemed at large if: 1. It is on the premises of the owner,with the owner visibly outside monitoring the animal and be able to restrain the animal; 2. It is on the premises of another person with the prior knowledge and consent of that person, and that person is outside,monitoring the animal and able to restrain the animal; or 3. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle or enclosed within a structure. (Code of Iowa, Sec.351.41) SECTION 3. NEW SUBSECTION. Subsection 4-1-17 of the Code of Ordinances of the City of Marcus, Iowa is hereby adopted: 4-1-17 PET WASTE. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property,public or private,not owned or possessed by the person. On any property owned or possessed by that person, all pet owners and keepers are required to dispose of their pet's solid waste at a frequency of at least weekly or more frequently if necessary, to prevent a public health nuisance. SECTION 4. SEVERABILITY 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. SECTION 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. 3 Passed by the Council the 13th of April, 2020, and approved this 11th day of May,2020. 744 if Harlan G. Hansen Mayor ATTEST: a Robin A. Harvey City Clerk First Reading: April 13, 2020 Second Reading: May 11, 2020 Third Reading: May 11, 2020 ORDINANCE NO.344 0 AN ORDINANCE VACATING EXCESS PUBLIC RIGHT OF WAY ALONG AMHERST STREET AT THE INTERSECTION OF LINN STREET Be it enacted by the City Council of the City of Marcus, Iowa: SECTION 1. The public right of way being vacated is described as follows: Parcel"A" being a portion of Amherst Street lying South of Lot 6,Block 21, of the 7th Addition to Marcus, Cherokee County,Iowa, as described in the Plat of Survey dated the 4th day of May,2020 and filed for record with the Office of the Recorder for Cherokee County,Iowa in Book 2020 Page 704; SECTION 2. The Council may by resolution convey the street described above to abutting property owners in a manner directed by the City Council. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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. O SECTION 5. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 29th day of April, 2020, and approved this 29th day of April, 2020. Harlan Hansen—Mayor ATTEST: City Clerk First Reading: April 29, 2020 Second Reading: April 20, 2020 Third Reading: April 20, 2020 0 0 0 0 ORDINANCE NO. 345 AN ORDINANCE AMENDING THE CITY COUNCIL VACANCY PROVISIONS IN CONFORMANCE WITH THE IOWA CODE, AS AMENDED BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION AMENDED.Title II Policy and Administration, Chapter 2 Appointment and Qualifications of Municipal Officers governs vacancies in office. To conform with Iowa law on the subject, the subsection 2-2-4 is hereby repealed and the following adopted in lieu thereof: 2-2-4 VACANCIES IN OFFICES. A vacancy in an appointive office shall be filled in the same manner as the original appointment. A vacancy in an elective city office during a term of office shall be filled, at the Council's option,by one of the two following procedures: (Code of Iowa, Sec. 372.13[2]) 1. Appointment. By appointment, following public notice, by the remaining members of the Council. The appointment shall be made within sixty (60) days after the vacancy occurs and shall be for the period until the next regular City election unless there is an intervening special election for the City, in which event the election for the office shall be placed on the ballot at such special election. If the Council chooses to proceed under this subsection, the Council shall publish notice of the appointment in accordance with Section 372.13 of the Code of Iowa. If the remaining members do not constitute a quorum of the full membership, or if a petition is filed requesting an election, the Council shall call a special election as provided by law. (Code of Iowa, Sec. 372.13[2aJ) 2. Special Election. By a special election held to fill the office for the remaining balance of the unexpired term as provided by law. (Code ofIowa, Sec. 372.13[2bJ) SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.Passed and approved this I day of Ja n/r ,2020. '144 1 ihr Harlan G. Hansen—Mayor ATTE�SST�:� , �i �Y l a. /d� vi - ll City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 345 on the Aral day of UP-Itil/ City Clerk-Treasurer First Reading: June 25th, 2020 Second Reading: July 13th, 2920 Third Reading: July 13th, 2020 0 ORDINANCE NO. 346 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CHANGING THE REGULAR MEETING TIME BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBPARAGRAPH MODIFIED. Section 2-11-3(1) of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 1. Regular Meetings.The regular meetings of the City Council are on the second Monday of each month at five o'clock(5:00)p.m. in the City Council Chambers at City Hall. If such day falls on a legal holiday or Christmas Eve,the meeting is held on such different day or time as determined by the City Council. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 14`1' day of September, 2020. gaol iS -- Harlan G. Hansen Mayor ATTEST:,(atilt) /1 et Robin A. Harvey City Clerk a 0 0 0 ORDINANCE NO.344 O AN ORDINANCE VACATING EXCESS PUBLIC RIGHT OF WAY ALONG AMHERST STREET AT THE INTERSECTION OF LINN STREET Be it enacted by the City Council of the City of Marcus, Iowa: SECTION 1. The public right of way being vacated is described as follows: Parcel"A"being a portion of Amherst Street lying South of Lot 6,Block 21, of the 71h Addition to Marcus, Cherokee County, Iowa,as described in the Plat of Survey dated the 4th day of May,2020 and filed for record with the Office of the Recorder for Cherokee County, Iowa in Book 2020 Page 704; SECTION 2. The Council may by resolution convey the street described above to abutting property owners in a manner directed by the City Council. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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. OSECTION 5. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 29th day of April, 2020, and approved this 29th day of April, 2020. S,.t Harlan G. Hansen—Mayor ATTEST: /� I City Clerk First Reading: April 29, 2020 Second Reading: April 2Fj 2020 Third Reading: April 2e,2020 I certify that the foregoing was published as Ordinance No. 344 on the 13th day of May,2020 TO134/17) a. Ci Clerk 0 0 0 INDEX LEGEND 111111111Q1111111111ININUMENEMIll [occtbn.' Lots 6-10, Block 21, 7th Addition to Document 2020 0704 Marcus, Iowa: ALSO Parcel "A" being a Book 2020 Page 0704 Type 03 012 Pages 1 portion of Amherst Street, Marcus, Iowa Date 5/04/2020 Time 10:38 AM /^'� J Propnefor Tim Dreckman, City of Marcus Rec Amt $7,00 Resales/enTim Oreekman SAMANTHA BOOTHBY, RECORDER j CHEROKEE IA SLnryw.' Patrick G. Mahning IA Lic. #23532 ,L/OHN/NG LAND SURIiEY/NG, LLC 2241 /SURD ANENUE, Al/LEORD, /OM 712-540-5951 Parcel "A" Legal Description Part of Amherst Street lying Southerly and adjacent to the South line of Lot 6, Block 21, of the 7th Addition to Marcus, Iowa described as follows: Beginning at the Southwest corner of said tat 6, Block 21, of the 7th Addition to Marcus; thence South 524'05"West 39.67 feet on the Southerly extension of the Westerly line of said Block 21 to a line 80,00 feet normally distant Northerly of the North line of Quinn's Addition to Marcus, Iowa; thence South 8T51'18' East 140.23 feet parallel and 80.00 feet Northerly of said North line of Quinn's Addition to the authedy extension of the East line of cold Lot 6; thence Narfh 5'24'a5" East 3F59 feet along cold Southerly extension of the East line of Lot 6 to the Southeast corner of said Lot 6; thence North 84'33'12'West 140.00 feet along the South Tine of said Lot 6 to the Point of Beginning, containing 4988 square feet. NW tier, Blk. 22, 2nd N84'42'46 68p' NE Cor. Blk. 6, Addition to Marcus;--- "W 680,Og;____ 1st Addition to Nothing Fd. or Set I 140.00' �_'% Marcus; Fd. 3/4" I 00. 1}�' ' 0 To -_.._Reber in Conc. j o� NE Cor. Lot 10, B1k. ^ 0 540.09' f m 22, 2nd Addition to SRO' f m Marcus: Fd. OP 154981 ^ SE Cor.Blk. 23, N.0) 2nd Addition to I `M t'CI L Marcus: Fd. Cl? to 'Nj 1 in In ro /I\ i os N SE Car. Blk. 22, 2nd ' I d, 'n Addition to Marcus; Ft 11 m Z Si 1"MI, 554'28'W 1.56'• 0 I -5 2/7/Ce gio i w 6184'31'43V 299.97',>�• 0� fb 140.00. I o AO' 0 139,97' po .crk 4:16 NI 70 prn � tea' B DO' O I 7 0 \ v• CO`� �: Q ^ O of 9 th Air Iitio/i2 W c W v in N84.32'17aW ru ET/ 14 In .00 - 1n �, 8 go 2' 54 2 z $ 3 $" 79 0 f r. oc to i `V to I [C 0 i 6 i M 5A 1 140.00' fi0' z ; o^ �°° t4o.o0' �. as �: Pcrce7 "0 i 80.00' 30000' NM 4988 S.F. bi N84.33'12-W 680.00' — S8T51'18'E 140.23' I • 1'°°' B90 SE Con BM20, 7th Addition to ' _o 'Moj M Amherst Ste Marcus;Fd. 1" S. Line Section 33-93-42 0 z Flat Iron Bar NW Car. Blk 1, m Quinn's Addition; tV7.5' Fa. 1'Q.P. I ---N8T51'7H1N 64L3T-----_______ —� — 4--- 33 R.O.W. 5xya` , ____ QU%rl,9 '2 Addtion I NE Cor. Blk A Ouinns B/00k yr LEGEND Addition;it " op. ,"Spike D Scale:t"=80' 60 160 240 with T Top e Ed. 3/4' G. Pipe, No Cap, or es Noted Jill NS MI S Qa Fd. 5/8" Reber, No Cap, or as Noted I hereby certify that this fond surveying document was "-- ® Set 1/2" Y. Cap'd. Reber L.S. 23532 O by meeorunder related my direct personal k woe supervision cod a d frmed o+SlONgt 4' 4- q oar Record Distance/Record Bearing that I am o duly licensed Professional Lend Surveyor Q� 4a „der the tows of the State of love. PLAT OF SURVEY OF LOTS 6-10, BLOCK 21, OF THE signs Date u rPATRICK G.'•, c 7TH ADDITION TO MARCUS, CHEROKEE COUNTY, IOWA; ,n MORNING ALSO OF PARCEL "A" BEING A PORTION OF AMHERST(/ p ' m LS 23532; c `'. J `°a ; 4 STREET LYING SOUTH OF LOT 6, BLOCK 21, OF THE Patrick Mpnnmg. P.L tic. No. 23532 5a0 7TH ADDITION TO MARCUS, CHEROKEE COUNTY, IOWA I license Renewal Date December 31, 2021 " I OWAv PROJECT lie. WAVE(DAM DRAWN Ely; SHEET No. t Pages or sheets covered by this each I _....__ 20017 4/5/20 P.G.M. 1 of 1 0 0 0 ORDINANCE NO. 347 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CONCERNING GARBAGE RATES BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Section 6-5-1 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-5-1 SERVICE AGREEMENT.The City of Marcus, Iowa, on September 14,2020,hereby authorizes an Agreement for all garbage,refuse and recyclable collection within the City of Marcus, Iowa with Sanitary services Inc. of Cherokee, Iowa hereinafter referred to as the Contractor.Under said agreement the Contractor will furnish all of the equipment,labor and materials including the containers for the removal and disposition of all the garbage,refuse,waste products and recyclables within the City of Marcus,Iowa commencing with the passage and approval of this Ordinance as adopted and subsequently effective on September 14,2020. SECTION 2. SUBSECTION MODIFIED. Section 6-5-2 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-5-2 GARBAGE/REFUSE RATES.He garbage/refuse rates under this Agreement will be charged on a monthly basis..The initial rate will be the sum of$13.25 per month for the collection of both garbage and recyclables by the Contractor from each residential dwelling or apartment house. Such charge will be billed along with the water bill monthly to the person(s) owning or residing in any such dwelling or apartment. Commercial Rate. Rates for all commercial businesses and establishments within the City shall be established by agreement with the Contractor. 1. Payment of Bills. All garbage rates or fees shall be due and payable at the office of the Marcus City Clerk on the payment terms and conditions for the payment of the monthly water bill. The provisions of Section 6-6-5 of the Marcus City Code shall be used to enforce collection of delinquent fees. 2. Lien for Non-Payment.Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. SECTION 3. SUBPARAGRAPH MODIFIED. Section 6-5-5(11) of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; • 11. Term. This Contract shall be for a period beginning the 14th day of September 2020 and ending the 14th day of September 2022. The contract may be renewed by Contractor for an additional one (1) year term, at Contractor's option, so long as Contractor gives Corporation written notice of Contractor's intent to renew at least ninety(90) days before the date of termination set forth above. Any extension under this provision shall be at the same rate as set forth in Section 5, herein. In the event Contractor's request to renew includes a request for a fee increase,Contractor shall give Corporation,with the notice to renew,the proposed rate Contractor contemplates charging. This notice must be sent to Corporation at least(120) days before the expiration date of this agreement set out above. Corporation shall accept or reject the fee increase,within thirty(30) days of its presentation. If Corporation accepts the fee increase,a renewal contract shall be drawn affecting the rate increase. If the Corporation rejects the fee increase, contract shall be bid pursuant to the Iowa Code. SECTION 4. SUBSECTION MODIFIED. Section 6-5-7 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-5-7 PAYMENT. Corporation shall pay Contractor the sum of$12.75 per month for each unit served within the corporate limits of Marcus,IA,payable monthly.A unit shall mean a residence address. The City Clerk for the Corporation shall make the payment to the Contractor monthly. The City Clerk shall include a list of the number of units serviced each month. SECTION 5. SEVERABILITY 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. SECTION 6. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 14th day of September, 2020. arlan G. Hansen Mayor ATTEST: ph m naetr obin A. Harvey City Clerk ORDINANCE NO. 341 AN ORDINANCE ADDING NEW PARAGRAPHS TO A SUBSECTION OF THE ZONING ORDINANCE OF THE CITY OF MARCUS,IOWA TO EXTEND TEMPORARY EXCEPTIONS WITHIN THE RECREATIONAL PARKING PROHIBITION BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION AMENDED. Chapter V of the Zoning Ordinance regulates Fences, Patios and Decks, Off-Street Parking and Storage. Subsection 3(B)regulates Off-Street Parking of Motor Vehicle Parking and Storage. The following subparagraph shall be repealed and the following adopted: (10) Temporary Exception. Up to and until January 1, 2022, all owners of HC zoned real estate may apply to City Hall to have one or more Recreational Vehicles permitted on the premises. a. No application may be approved without proof of the following: i. Proof of Insurance for Such Activity ii. Plans for Electric,Water, and Sewer Utility Availability iii. Proper Waste Removal iv. Promise to require no open fire permitted on the premises. v. Plan for Removal. b. No Recreational Vehicles shall be permitted on the premises until the City has inspected the premises for compliance. c. The real estate shall be restored to permitted use by June 1, 2022 and service panels removed. d. Failure to abide by this ordinance shall result in immediate revocation of the application at Owner's expense,a municipal infraction, and/or any other remedy available to the City of Marcus, Iowa. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this_11th_day of_January_, 2021. I Har an G. 7 Hansen—Mayor ATTEST: uf28 rJQ . tluulAr Robin A. Harvey—City Clerk First Reading: January 11`h, 2021 Second Reading February 8, 2021 Third Reading waived February 8,2021 ® ORDINANCE NO. 348 AN ORDNANCE DESIGNATING A ONE-WAY ALLEY IN THE CITY OF MARCUS, IOWA BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Section 3-6-16 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 3-6-16 ONE-WAY STREETS AND ALLEYS.Upon the following streets and alleys vehicular traffic shall move only in the indicated direction: 1. The Alley in Block 2 of the Town of Marcus. Said alley is generally located between North Main Street and West Cedar Street directly south of West Railroad Street. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 26th day of April, 2021. >261,14 -1 Harlan G. Hansen Mayor ATTEST: Robin A. Harvey City Clerk First Reading:April 26th, 2021 Second Reading waived:April 26th,2021 Third Reading waived:April 26th,2021 0 0 0 0 ORDINANCE NO. 349 AN ORDINANCE AMENDING THE ZONING DISTRICTS AS ESTABLISHED IN THE CITY CODE OF MARCUS, IOWA,TO RE-ZONE 109 E. PINE AND 208 N. LOCUST FROM ITS PRESENT CLASSIFICATION TO A NEW CLASSIFICATION OF RESIDENTIAL TO CENTRAL BUSINESS DISTRICT BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SECTION MODIFIED. That the official Zoning Map, and the Zoning Districts as established in the City Code of the City of Marcus, Iowa are hereby amended by Re- Zoning of the real properties described below from is present classification which is Residential District(R-1/R-3)to a new classification to Central Business District(CB): Lot One (1) and Lot Two (2), all in Block Nine (9) of the First Addition to the Town of Marcus, Cherokee County,Iowa SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this I day of Tune ,2021. arlan G. Hansen—Mayor First Reading: June 14th, 2021 Second Reading waived: June 14th, 2021 Third Reading waived: June 14th, 202i ATTEST: �&9t 1 a. City Clerk—Treasurer II �1 I ce ify that the foregoing was published as Ordinance No. 349 on the O l ry T# ' day of ,t,VQ , 2021. Q. .,, / � City Clerk-Treasurer ORDINANCE NO. 351 AN ORDINANCE AMENDING THE ZONING CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CONCERNING FENCE PROXIMITY TO PROPERTY LINE BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED.Article V Section 1(A)(1) of the Zoning Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; (1) Fences are allowed on the property line, provided the property owner has thorough knowledge of the location of the property line. The City recommends that the fence be set back far enough to allow for maintenance of the fence and surrounding property. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 13th day of September, 2021. First Reading approved: September 13`h, 2021 Second Reading approved: September 13th, 2021 Third Reading approved: September 13th,2021 Harlan G. Hansen Mayor ATTEST: �� /J Robin A. Harvey (�` City Clerk 0 ORDINANCE NO. 342 AN ORDINANCE MODIFYING WATER AND SEWER RATES BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SECTION MODIFIED. Section 6-6-8 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-6-8 WATER RATES.The following rates and charges for the use of Municipal Water for the residents of the City of Marcus, Iowa and for the service provied by the City Water System are hereby established based on meter readings of the amount consumed: (Code of Iowa, Sec. 384.84(1)) 1. Effective for billings made on or after May 1, 2020 Base water charge per month: $8.39 Unit charge per 1,000 gallons of water consumed per month: $5.46 2. Effective for billings made on or after May 1, 2021 Base water charge per month: $8.75 Unit charge per 1,000 gallons of water consumed per month: $5.72 3. Effective for billings made on or after May 1, 2022 Base water charge per month: $9.11 Unit charge per 1,000 gallons of water consumed per month: $5.98 4. Effective for billings made on or after May 1,2023 Base water charge per month: $9.47 Unit charge per 1,000 gallons of water consumed per month: $6.25 All meters shall be read and gallonage determined on a monthly billing cycle. SECTION 2. SECTION MODIFIED. Section 6-6-10 of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; 6-6-10 RATE OF SEWER RENT AND MANNER OF PAYMENT.The rate of sewer 0 rent shall be set as follows: 0 0 0 O 1. Effective for billings made on or after May 1, 2020 Base water charge per month: $6.36 Unit charge per 1,000 gallons of water consumed per month: $6.28 2. Effective for billings made on or after May 1, 2021 Base water charge per month: $6.50 Unit charge per 1,000 gallons of water consumed per month: $6.57 3. Effective for billings made on or after May 1, 2022 Base water charge per month: $6.64 Unit charge per 1,000 gallons of water consumed per month: $6.86 4. Effectove for billings made on or after May 1, 2023 a. Base water charge per month: $6.76 b. Unit charge per 1,000 gallons of water consumed per month: $7.13 The rent shall be paid at the same time as the water bill on a monthly basis and shall also be under the same conditions as to penalty and late payment. All payments shall O be remitted to the office of the City Clerk of Marcus, Iowa. (Code of Iowa, Sec 384.84(1)) SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 10`h day of February, 2020. CITY OF MARCUS %dr' Harlan G. Hansen, Mayor O ATTEST: 0 0 0 O Q, v -, Robin A. Harvey, City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 342 on thed�,nday of Apia , 2020. &, Ty-o "�p� City Clerk-Treasurer First Reading- February 10`h, 2020 Second Reading-March 9th, 2020 Third Reading—April 13`h, 2020 O i I 0 0 0 0 ORDINANCE NO. 339 1 AN ORDINANCE AMENDING PRINCIPAL USES IN RESIDENTIAL ZONING DISTRICTS BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. The City Council desires to ensure garages are hereinafter to be considered as solely an accessory structure and an accessory use in Residentially Zoned areas. This measure was reviewed and approved by the Planning &Zoning Commission prior to its presentation before the Council. SECTION 2. SUBSECTION REPEALED. That Subsection 2(B)(7) of Section IV Designation of Districts as established in the Zoning Code of the City of Marcus, Iowa is hereby repealed: "Accessory Building including a private garage either separate or a part of the main building. Such accessory buildings shall not be used as dwellings." SECTION 3. SEVERABILITY 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. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this day of OeceML-er, 2019. icillet Harlan G. Hansen—Mayor ATTEST: a tcfr,A,,)p,_J — City Clerk—Treasurer I ertify that the foregoing was published as Ordinance No. 339 on the /gin day of LialP in be , 2019. First reading—December 9, 2019 Second reading waived—December 9, 2019 Third reading waived—December 9, 2019 d I gkiot City Clerk - Treasurer ORDINANCE NO. 350 AN ORDINANCE AMENDING THE ZONING CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CONCERNING CUL-DE-SAC LOTS BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. NEW SUBSECTION. Article II Section 34(F)of the Zoning Code of Ordinances of the City of Marcus, Iowa is hereby enacted; 34. "Lot types" means: A. "Corner lot" is a lot located at the intersection of two(2) or more streets. B. "Interior lot" is a lot other than a corner lot with only one frontage on a street other than an alley. C. "Double frontage lot" is a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two (2)nonintersecting streets may be referred to as"through" lots. D. "Reversed comer lot" is a corner lot, the side street line of which is substantially a11 continuation of the front lot line of the first lot to its rear. E. "New lot" is a lot which has not been recorded in the office of the County Recorder prior to the adoption of these regulations. F. "Cul-de-sac lot"is a lot which is a part of the turning circle at the end of a cul-de-sac. SECTION 2. SUBSECTION MODIFIED. Article IV Section 2(A)(l)(b) of the Zoning Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; A. Bulk or Space Regulations. The following minimum references shall be observed by all units in the Residential Districts as follows: (1) New lots: a. Minimum lot area- 8,000 square feet. b. Minimum width of lot - 80 feet average. Except cul-de-sac lots,which may be a minimum of 50 feet along the turning circle. However, in cul-de-sac lots, the minimum width is 100 feet on the lot line opposite of the turning circle. SECTION 3. SEVERABILITY 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. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 13th day of September, 2021. First Reading approved: September 13th, 2021 Second Reading approved: September 13th, 2021 Third Reading approved: September 13th, 2021 Harlan G. Hansen Mayor ATTEST: R� a. — Robin A. Harvey City Clerk ORDINANCE NO. 351 AN ORDINANCE AMENDING THE ZONING CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CONCERNING FENCE PROXIMITY TO PROPERTY LINE BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Article V Section 1(A)(1) of the Zoning Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; (1) Fences are allowed on the property line, provided the property owner has thorough knowledge of the location of the property line. The City recommends that the fence be set back far enough to allow for maintenance of the fence and surrounding property. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 13th day of September, 2021. First Reading approved: September 13th, 2021 Second Reading approved: September 13th, 2021 Third Reading approved: September 13th,2021 Harlan G. Hansen Mayor ATTEST: Robin A. Harvey City Clerk ORDINANCE NO. 352 AN ORDINANCE ADDING NEW PARAGRAPHS TO A SUBSECTION OF THE ZONING ORDINANCE OF THE CITY OF MARCUS, IOWA TO EXTEND TEMPORARY EXCEPTIONS WITHIN THE RECREATIONAL PARKING PROHIBITION BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION AMENDED. Chapter V of the Zoning Ordinance regulates Fences, Patios and Decks, Off-Street Parking and Storage. Subsection 3(B)regulates Off-Street Parking of Motor Vehicle Parking and Storage. The following subparagraph shall be repealed and the following adopted: (10) Temporary Exception. Up to and until January 1, 2027, all owners of HC zoned real estate may apply to City Hall to have one or more Recreational Vehicles permitted on the premises. a. No application may be approved without proof of the following: i. Proof of Insurance for Such Activity ii. Plans for Electric,Water, and Sewer Utility Availability iii. Proper Waste Removal iv. Promise to require no open fire permitted on the premises. v. Plan for Removal. b. No Recreational Vehicles shall be permitted on the premises until the City has inspected the premises for compliance. c. The real estate shall be restored to permitted use by June 1, 2027 and service panels removed. d. Failure to abide by this ordinance shall result in immediate revocation of the application-at Owner's expense, a municipal infraction, and/or any other remedy available to the City of Marcus,Iowa. SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this_13th_day of_December 2021. Mayor-Bunt ATTEST: Robin A. Harvey—City Clerk First Reading approved December 13`h, 2021 Second Reading approved January 10th,2022 Third Reading waived January 10th, 2022 N ORDINANCE NO. 353 AN ORDINANCE AMENDING FEES ASSOCIATED WITH VARIANCES AND CONDITIONAL USE PERMITS BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Chapter VII Section 1(E)(2) of the Zoning Ordinance of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; (2) Application for Conditional Use Permit. A request for a conditional use permit for a special use or modification of a conditional use maybe initiated by a property owner or his authorized agent by filing an application with the Zoning Administrator upon forms prescribed for the purpose. The application shall be accompanied by a site plan and other such plans and data showing the dimensions, arrangements, descriptive data and other materials constituting a record essential to an understanding of the proposed use and proposed modification in relation to the standards set forth herein. The application shall also be accompanied with a fee as provided in Chapter VII Section 5(D). SECTION 2. SUBSECTION MODIFIED. Chapter VII Section 5(C)-(D) of the Zoning Ordinance of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof; C. Appeals—Board of Adjustment Variance $ 500.00 D. Conditional Use Permit Filing Fee $ 125.00 SECTION 2. SEVERABILITY 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed and approved this 9th day of May, 2022. First reading: May 9th,2022 Second reading waived: May 9`h, 2022 Third reading wavied: May 9th, 2022 2 Patrick J. Bunt—Mayor ATTEST: - a swear City Clerk—Treasurer I certify that the foregoing was published as Ordinance No. 353 on the 19th day of M�ayy,�20222. ` City Clerk-Treasurer