CHAPTER 135

STREET USE AND MAINTENANCE

135.01 Removal of Warning Devices 135.08 Burning Prohibited
135.02 Obstructing or Defacing 135.09 Excavations
135.03 Placing Debris On 135.10 Maintenance of Parking or Terrace
135.04 Playing In 135.11 Failure to Maintain Parking or Terrace
135.05 Traveling on Barricaded Street or Alley 135.12 Dumping of Snow
135.06 Use for Business Purposes 135.13 Driveway Culverts
135.07 Washing Vehicles 135.14 Mailboxes

135.01    REMOVAL OF WARNING DEVICES. It is unlawful for a person to willfully remove, throw down, destroy or carry away from any street or alley any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or alley without the consent of the person in control thereof.

(Code of Iowa, Sec. 716.1)

135.02    OBSTRUCTING OR DEFACING. It is unlawful for any person to obstruct, deface, or injure any street or alley in any manner.

(Code of Iowa, Sec. 716.1)

135.03    PLACING DEBRIS ON. It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the storm sewer, or any substance likely to injure any person, animal or vehicle.

(Code of Iowa, Sec. 321.369)

135.04    PLAYING IN. It is unlawful for any person to coast, sled or play games on streets or alleys, except in the areas blocked off by the City for such purposes.

(Code of Iowa, Sec. 364.12[2])

135.05    TRAVELING ON BARRICADED STREET OR ALLEY. It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the fire department.

135.06    USE FOR BUSINESS PURPOSES. It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.

135.07    WASHING VEHICLES. It is unlawful for any person to use any public sidewalk, street or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.

135.08    BURNING PROHIBITED. No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or on any paved or surfaced street or alley.

135.09    EXCAVATIONS. No person shall dig, excavate or in any manner disturb any street, parking or alley except in accordance with the following:

1. Permit Required. No excavation shall be commenced without first obtaining a permit therefor. A written application for such permit shall be filed with the City and shall contain the following:

A. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate;

B. A statement of the purpose, for whom and by whom the excavation is to be made;

C. The person responsible for the refilling of said excavation and restoration of the street or alley surface; and

D. Date of commencement of the work and estimated completion date.

2. Public Convenience. Streets and alleys shall be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.

3. Barricades, Fencing and Lighting. Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.

4. Bond Required. The applicant shall post with the City a penal bond in the minimum sum of seventy-five hundred dollars ($7,500.00) issued by a surety company authorized to issue such bonds in the State. The bond shall guarantee the permittee’s payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of administration of this section.

5. Insurance Required. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and all agents and employees for the following minimum amounts:

A. Bodily Injury - $50,000.00 per person; $100,000.00 per accident.

B. Property Damage - $50,000.00 per accident.

6. Restoration of Public Property. Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.

7. Inspection. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, nor resurfacing of any improved street or alley surface begun, until such backfill is inspected and approved by the City. The permit holder/property owner shall provide the City with notice at least twenty-four (24) hours prior to the time when inspection of backfill is desired.

8. Completion by the City. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of twenty-four (24) hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefor to the permit holder/property owner.

9. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.

10. Notification. At least forty-eight (48) hours prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 480.4 of the Code of Iowa.

11. Permit Fee. A permit fee of twenty-five dollars ($25.00) shall be payable at the time of filing the application with the City. A separate permit shall be required for each excavation.

12. Permit Issued. Upon approval of the application, filing of bond and insurance certificate, and payment of any required fees, a permit shall be issued.

135.10    MAINTENANCE OF PARKING OR TERRACE. It shall be the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs and picking up litter, culverts and driveway repairs. (Ord. 299 – Aug. 03 Supp.)

(Code of Iowa, Sec. 364.12[2c])

135.11    FAILURE TO MAINTAIN PARKING OR TERRACE. If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2e])

135.12    DUMPING OF SNOW. It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent. Arrangements for the prompt removal of such accumulations shall be made prior to moving the snow.

(Code of Iowa, Sec. 364.12 [2])

135.13    DRIVEWAY CULVERTS. The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property, and before installing a culvert, permission must first be obtained from the City. In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs. If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as by law provided.

135.14    MAILBOXES.

1. Type of Mailboxes. All mailboxes placed upon the City streets and right-of-ways shall be of a number 1 sized box as approved by the U.S. Department of Postal Service regulations.

2. Location of Mailboxes. Mailboxes may be erected to serve postal patrons who live on an approved rural route provided:

A. They are located more than on-fourth mile from the Post Office. Exception to the one-fourth mile: A patron living on carrier’s line of travel may request delivery on that already established route.

B. Their property is abutted to the rural route.

C. Boxes shall not be set closer than twenty-five (25) feet to an intersection; said intersection shall be determined by measuring twenty-five (25) feet from the middle of the intersecting street down the street the mailboxes are to be placed upon. Mailboxes shall not be placed closer than ten (10) feet from any alley. Mailboxes meeting the above specifications may be placed in the street right-of-way provided that the support thereof shall be at least two feet behind the curb or edge of the traveled way and no portion of the box or support shall extend beyond the inner edge of the curb. Said boxes shall not obstruct a paved sidewalk for pedestrians and where the roadway has a shoulder to be maintained, said boxes and support shall be placed so as not to interfere with the road maintenance, snow removal or garbage pickup.

3. Maintenance of Approaches. The owner or postal patron shall be responsible for all costs of the erecting, maintaining and replacing any mailbox located pursuant to this section. Such responsibility is that of the owner or patron regardless of the cause for any needed maintenance or replacement. The City shall not be responsible for surfacing, grading or maintaining said approaches. If snow removal near a mailbox cannot be satisfactorily accomplished by the City during snow removal operations, it shall be the responsibility of the property owner or patron to remove the snow obstruction.

4. Nonconforming Existing Mailboxes. All existing mailboxes in the City at the time of the effective date of the ordinance codified by this section will be allowed a period of six (6) months to meet requirements. A mailbox installed after said effective date must meet the requirements and specifications of this chapter.

(Ord. 308 – Oct. 04 Supp.)

CHAPTER 136

SIDEWALK REGULATIONS

136.01 Purpose 136.10 Failure to Repair or Barricade
136.02 Definitions 136.11 Interference with Sidewalk Improvements
136.03 Removal of Snow, Ice and Accumulations 136.12 Awnings
136.04 Responsibility for Maintenance 136.13 Encroaching Steps
136.05 City May Order Repairs 136.14 Openings and Enclosures
136.06 Sidewalk Construction Ordered 136.15 Fires or Fuel on Sidewalks
136.07 Permit Required 136.16 Defacing
136.08 Sidewalk Standards 136.17 Debris on Sidewalks
136.09 Barricades and Warning Lights 136.18 Merchandise Display
  136.19 Sales Stands

136.01    PURPOSE. The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.

136.02    DEFINITIONS. For use in this chapter the following terms are defined:

    1. "Broom finish" means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
    2. "Established grade" means that grade established by the City for the particular area in which a sidewalk is to be constructed.
    3. "One-course construction" means that the full thickness of the concrete is placed at one time, using the same mixture throughout.
    4. "Owner" means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, "owner" includes the lessee, if any.
    5. "Portland cement" means any type of cement except bituminous cement.
    6. "Sidewalk" means all permanent public walks in business, residential or suburban areas.
    7. "Sidewalk improvements" means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.
    8. "Wood float finish" means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.

136.03    REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. In the event of snow and/or ice accumulating on said sidewalk due to natural means and/or by any other means, said sidewalk shall be cleared of all accumulated snow and/or ice within twenty-four (24) hours from the time the snow and/or ice ceases to accumulate on said sidewalk.  Sidewalks are to be kept clear of snow an dice for the entire width of the sidewalk.  In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians.  If a property owner does not remove snow, ice or accumulations within the specified time, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2b & e])

136.04    RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.

(Code of Iowa, Sec. 364.12 [2c])

136.05    CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2d & e])

136.06    SIDEWALK CONSTRUCTION ORDERED. The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.

(Code of Iowa, Sec. 384.38)

136.07    PERMIT REQUIRED. No person shall remove, reconstruct or install a sidewalk unless such person has obtained a permit from the City and has agreed in writing that said removal, reconstruction or installation will comply with all ordinances and requirements of the City for such work.

136.08    SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

    1. Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.
    2. Construction. Sidewalks shall be of one-course construction.
    3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the City.
    4. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.
    5. Length, Width and Depth. Length, width and depth requirements are as follows:
    1. Residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall be no more than four (4) feet in length.
    2. Business District sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length.
    3. Driveway areas shall be not less than six (6) inches in thickness.
    1. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the Council establishes a different distance due to special circumstances.
    2. Grade. Curb tops shall be on level with the centerline of the street which shall be the established grade.
    3. Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.
    4. Slope. All sidewalks shall slope one-quarter (¼) inch per foot toward the curb.
    5. Finish. All sidewalks shall be finished with a "broom" or "wood float" finish.
    6. Ramps for Persons with Disabilities. There shall be not less than two (2) curb cuts or ramps per lineal block which shall be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise be so constructed as to allow reasonable access to the crosswalk for persons with disabilities using the sidewalk.

(Code of Iowa, Sec. 216C.9)

136.09    BARRICADES AND WARNING LIGHTS. Whenever any material of any kind is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.

136.10    FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.

136.11    INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.

136.12    AWNINGS. It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight (8) feet above the surface of the sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

136.13    ENCROACHING STEPS. It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.

136.14    OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.

2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.

3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

136.15    FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.

136.16    DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.

(Code of Iowa, Sec. 716.1)

136.17    DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any substance likely to injure any person, animal or vehicle.

(Code of Iowa, Sec. 364.12 [2])

136.18    MERCHANDISE DISPLAY. It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three (3) feet of the sidewalk next to the building be occupied for such purposes.

136.19    SALES STANDS. It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a written permit from the Council.

CHAPTER 137

VACATION AND DISPOSAL OF STREETS

137.01 Power to Vacate 137.04 Findings Required
137.02 Planning and Zoning Commission 137.05 Disposal of Vacated Streets or Alleys
137.03 Notice of Vacation Hearing 137.06 Disposal by Gift Limited

137.01    POWER TO VACATE. When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, alley, portion thereof or any public grounds, the Council may do so by ordinance in accordance with the provisions of this chapter.

(Code of Iowa, Sec. 364.12 [2a])

137.02    PLANNING AND ZONING COMMISSION. Any proposal to vacate a street, alley, portion thereof or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission shall submit a written report including recommendations to the Council within thirty (30) days after the date the proposed vacation is referred to the Commission.

(Code of Iowa, Sec. 392.1)

137.03    NOTICE OF VACATION HEARING. The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.

137.04    FINDINGS REQUIRED. No street, alley, portion thereof or any public grounds shall be vacated unless the Council finds that:

1. Public Use. The street, alley, portion thereof or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

2. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.

137.05    DISPOSAL OF VACATED STREETS OR ALLEYS. When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in accordance with the provisions of Section 364.7, Code of Iowa.

(Code of Iowa, Sec. 364.7)

137.06    DISPOSAL BY GIFT LIMITED. The City may not dispose of real property by gift except to a governmental body for a public purpose.

(Code of Iowa, Sec. 364.7[3])

EDITOR’S NOTE

The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys and/or public grounds and remain in full force and effect.

ORDINANCE NO.

ADOPTED

ORDINANCE NO.

ADOPTED

13

August 8, 1874

221

October 9, 1989

18

March 4, 1876

223

March 12, 1990

19

March 4, 1876

233

May 13, 1991

21

no date

268

March 10, 1997

26

May 7, 1878

274

December 13, 1999

65

no date

278

May 8, 2000

89

no date

296

August 12, 2002

97

no date

   

115

May 7, 1945

   

123

June 4, 1951

   

125

November 18, 1953

   

126

March 8, 1954

   

130

May 7, 1956

   

134

June 1, 1959

   

137

November 14, 1960

   

143

November 5, 1962

   

144

March 4, 1963

   

152

March 6, 1967

   

155

no date

   

159

no date

   

168

January 6, 1975

   

169

no date

   

174

March 8, 1977

   

176

October 11, 1977

   

197

June 11, 1984

   

216

May 9, 1988

   

CHAPTER 138

STREET GRADES

138.01 Established Grades 138.02 Record Maintained

138.01    ESTABLISHED GRADES. The grades of all streets, alleys and sidewalks, which have been heretofore established by ordinance are hereby confirmed, ratified and established as official grades.

138.02    RECORD MAINTAINED. The Clerk shall maintain a record of all established grades and furnish information concerning such grades upon request.

EDITOR’S NOTE

The following ordinances not codified herein, and specifically saved from repeal, have been adopted establishing street and/or sidewalk grades and remain in full force and effect.

ORDINANCE NO.

ADOPTED

ORDINANCE NO.

ADOPTED

99

May 6, 1929

   

132

July 7, 1958

   

340

August 1, 2009    
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

 

CHAPTER 139

NAMING OF STREETS

139.01 Naming New Streets 139.04 Official Street Name Map
139.02 Changing Name of Street 139.05 Revision of Street Name Map
139.03 Recording Street Names  

139.01    NAMING NEW STREETS. New streets shall be assigned names in accordance with the following:

1. Extension of Existing Street. Streets added to the City that are natural extensions of existing streets shall be assigned the name of the existing street.

2. Resolution. All street names, except streets named as a part of a subdivision or platting procedure, shall be named by resolution.

3. Planning and Zoning Commission. Proposed street names shall be referred to the Planning and Zoning Commission for review and recommendation.

139.02    CHANGING NAME OF STREET. The Council may, by resolution, change the name of a street.

139.03    RECORDING STREET NAMES. Following official action naming or changing the name of a street, the Clerk shall file a copy thereof with the County Recorder, County Auditor and County Assessor.

(Code of Iowa, Sec. 354.26)

139.04    OFFICIAL STREET NAME MAP. Streets within the City are named as shown on the Official Street Name Map which is hereby adopted by reference and declared to be a part of this chapter. The Official Street Name Map shall be identified by the signature of the Mayor, and bearing the seal of the City under the following words: "This is to certify that this is the Official Street Name Map referred to in Section 139.04 of the Code of Ordinances of Wyoming, Iowa."

139.05    REVISION OF STREET NAME MAP. If in accordance with the provisions of this chapter, changes are made in street names, such changes shall be entered on the Official Street Name Map promptly after the change has been approved by the Council with an entry on the Official Street Name Map as follows: "On (date), by official action of the City Council, the following changes were made in the Official Street Name Map: (brief description)," which entry shall be signed by the Mayor and attested by the Clerk.

CHAPTER 140

CONTROLLED ACCESS FACILITIES

140.01 Exercise of Police Power 140.04 Access Controls Imposed
140.02 Definition 140.05 Permitted Access Points
140.03 Right of Access Limited  

140.01    EXERCISE OF POLICE POWER. This chapter shall be deemed an exercise of the police power of the City under Chapter 306A, Code of Iowa, for the preservation of the public peace, health, safety and for the promotion of the general welfare.

(Code of Iowa, Sec. 306A.1)

140.02    DEFINITION. The term "controlled access facility" means a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air or view by reason of the fact that their property abuts upon such controlled access facility or for any other reason.

(Code of Iowa, Sec. 306A.2)

140.03    RIGHT OF ACCESS LIMITED. No person has any right of ingress or egress to or from abutting lands onto or across any controlled access facility, except at such designated points at which access is permitted.

(Code of Iowa, Sec. 306A.4)

140.04    ACCESS CONTROLS IMPOSED. There are hereby fixed and established controlled access facilities within the City, described as follows:

(Code of Iowa, Sec. 306A.3)

1. Project No. FN-163. On the Primary Road System extension improvement, Project No. FN-163, Primary Road No. 64, within the City, described as follows:

On present route of Iowa 64 from Sta. 780+11.9 to Sta. 837+84.8, also from Lt. Sta. 837+84.8 to Lt. Sta. 842+00.0

regulating access to and from abutting properties along said highway all in accordance with the plans for such improvement identified as Project No. FN-163, on file in the office of the Clerk.

2. Project No. FN-814. On the Primary Road System extension improvement, Project No. FN-814, Primary Road No. 136, within the City, described as follows:

On present route of Iowa 136 from Sta. 0+09.0 (Iowa 64) to Sta. 15+73.0 (NCL),

regulating access to and from abutting properties along said highway all in accordance with the plans for such improvement identified as Project No. FN-814, on file in the office of the Clerk.

140.05    PERMITTED ACCESS POINTS. Points of access are hereby permitted as follows:

(Code of Iowa, Sec. 306A.4)

1. Iowa Highway No. 64.

 

STATION

SIDE OF STREET

WIDTH

USE

780+30

Right

 

Commercial

781+15

Right

 

Commercial

783+67

Right

12 feet

Residential

784+81

Left

 

Centerline Street

784+88

Right

 

Centerline Street

787+02

Right

23 feet

Residential

789+08

Left & Right

 

Centerline Street

789+08

Right

25 feet

Commercial

789+87

Right

30 feet

Commercial

792+37

Right

10 feet

Residential

793+31

Left & Right

 

Centerline Street

795+02

Left

10 feet

Residential

795+48

Right

8 feet

Residential

796+45

Left

14 feet

Commercial

797+57

Left

15 feet

Commercial

797+57

Right

 

Centerline Street

798+95

Left

20 feet

Commercial

799+15

Right

42 feet

Commercial

799+20

Left

25 feet

Commercial

799+93

Right

21 feet

Commercial

800+15

Left

12 feet

Commercial

800+47

Right

21 feet

Commercial

800+66

Right

17 feet

Commercial

801+11

Right

19 feet

Commercial

801+47

Right

22 feet

Commercial

801+65

Right

 

Centerline Street

804+64

Left & Right

 

Centerline Street

806+36

Right

11 feet

Residential

806+80

Left

9 feet

Residential

807+42

Left

9 feet

Residential

808+85

Left & Right

 

Centerline Street

809+20

Left

30 feet

Commercial

 

STATION

SIDE OF STREET

WIDTH

USE

809+35

Right

40 feet

Commercial

810+08

Left

20 feet

Commercial

810+16

Right

38 feet

Commercial

810+44

Left

41 feet

Commercial

811+19

Left

19 feet

Commercial

811+68

Left

24 feet

Commercial

812+22

Left

14 feet

Commercial

813+05

Right

 

Centerline Street

813+79

Left

10 feet

Residential

814+45

Left

11 feet

Residential

815+53

Right

10 feet

Residential

815+99

Left

12 feet

Residential

817+26

Left & Right

 

Centerline Street

818+04

Right

10 feet

Residential

818+25

Right

10 feet

Residential

818+86

Right

12 feet

Residential

819+97

Left

8 feet

Residential

821+52

Left & Right

 

Centerline Street

826+60

Left

16 feet

Residential

827+17

Right

16 feet

Residential

828+57

Left

 

Centerline Street

829+03

Right

28 feet

Commercial

830+86

Right

18 feet

Commercial

832+61

Left

 

Centerline Street

 

2. Iowa Highway No. 136.

STATION

SIDE OF STREET

WIDTH

USE

3+44

Left

14 feet

Farm

3+29

Right

22 feet

Centerline Street

4+90

Right

12 feet

Residential

5+61

Right

24 feet

Centerline Street

7+25

Left

15 feet

Farm

9+66

Right

16 feet

Centerline Street

9+66

Left

28 feet

Farm

12+00

Right

20 feet

Centerline Street

12+00

Left

17 feet

Residential

13+59

Left

16 feet

Commercial

15+41

Right

14 feet

Field

 

 

Back to City Hall