Primghar Ordinances 2006-12,13,14 and 2007-01,02

SECTION 1. SECTION MODIFIED. The Code of Ordinances of the City of Primghar, Iowa 2004, is hereby amended by repealing Title 1, Section 10.07 Official Posting Location and a new section 10.07 is adopted in lieu thereof:

10.07 OFFICIAL POSTING LOCATION. Whenever there is to be notice given and no other form of publication is specified by law, the following location is officially designated for such notices:

1. City Hall

SECTION 2. SECTION REPEALED. The Code of Ordinances of the City of Primghar, Iowa 2004, is hereby amended by repealing Title I, Chapter 6, Article 23 - Purchasing and the following is adopted in lieu thereof:

23.01 DEFINITIONS. As used in this chapter, unless the context clearly indicates otherwise:

1. "Estimated total cost of a public improvement" or "estimated total cost" means the estimated total cost to the governmental entity to construct a public improvement, including cost of labor, materials, equipment, and supplies, but excluding the cost of architectural or engineering design services and inspection.

2. "Governmental entity" means the state, political subdivisions of the state, public school corporations, and all officers, boards, or commissions empowered by law to enter into contracts for the construction of public improvements, excluding the state board of regents and the state department of transportation.

3. "Public improvement" means a building or construction work which is constructed under the control of a governmental entity and is paid for in whole or in part with funds of the governmental entity, including a building or improvement constructed or operated jointly with any other public or private agency, but excluding urban renewal demolition and low-rent housing projects, industrial aid projects authorized under Code of Iowa, Chapter 419, emergency work or repair or maintenance work performed by employees of a governmental entity, and excluding a highway, bridge, or culvert project, and excluding construction or repair or maintenance work performed for a city utility under Code of Iowa, Chapter 388 by its employees or performed for a rural water district under Code of Iowa, Chapter 357A by its employees.

4. "Repair or maintenance work" means the preservation of a road, street, bridge, culvert, storm sewer, sanitary sewer, or other public facility so that it remains in sound or proper condition, including minor replacements and additions as necessary to restore the public facility to its original condition with the same design.

23.02 COMPETITIVE BIDS FOR PUBLIC IMPROVEMENT CONTRACTS.

1. If the estimated total cost of a public improvement exceeds the competitive bid threshold of one hundred thousand dollars ($100,000), or the adjusted competitive bid threshold established in Code of Iowa, section 314.1B, the governmental entity shall advertise for sealed bids for the proposed public improvement by publishing a notice to bidders as provided in Code of Iowa, section 362.3. The notice to bidders shall be published more than twenty days but not more than forty-five days before the date for filing bids.

2. A governmental entity shall have an engineer licensed under chapter Code of Iowa, Chapter 542B or an architect registered under Code of Iowa, Chapter 544A prepare plans and specifications, and calculate the estimated total cost of a proposed public improvement.

23.03 EXEMPTIONS FROM COMPETITIVE BIDS AND QUOTATIONS. Architectural or engineering design services procured for a public improvement are not subject competitive bid requirements.

23.04 PROHIBITED CONTRACTS. If the estimated total cost of a public improvement exceeds the competitive bid threshold of one hundred thousand dollars, or as established in Code of Iowa, section 314.1B, a governmental entity shall not divide the public improvement project into separate parts, regardless of intent, if a resulting part of the public improvement project is not let in accordance with section.

23.05 PROCEDURES FOR COMPETITIVE BID LETTING. The City will follow Code of Iowa, Chapter 38 for competitive bid letting pertaining to Bid Security, Notice to Bidders, Bid Security, Award of Contract, Opening and Considering Bids, Delegation of Authority and When a Hearing is Necessary.

23.06 COMPETITIVE QUOTATIONS FOR PUBLIC IMPROVEMENT CONTRACTS.

1. Competitive quotations shall be required for a public improvement having an estimated total cost that exceeds the amount provided in this section, but is less than the competitive bid threshold established in Title I, Section 23.02 of this Code.

2. The City will adhere to the competitive bid quotation threshold dollar amount set by the State of Iowa Bid Threshold Committee and this dollar amount is subject to annual adjustments by the Committee pursuant to Code of Iowa, section 314.1B.

3. a. When a competitive quotation is required, the governmental entity shall make a good faith effort to obtain quotations for the work from at least two contractors regularly engaged in such work prior to letting a contract. Quotations may be obtained from contractors after the governmental entity provides a description of the work to be performed, including the plans and specifications prepared by an architect or engineer, if required under Code of Iowa, Chapter 542B or 544A, and an opportunity to inspect the work site. The contractor shall include in the quotation the price for labor, materials, equipment, and supplies required to perform the work. If the work can be performed by an employee or employees of the governmental entity, the governmental entity may file a quotation for the work to be performed in the same manner as a contractor.

b. The governmental entity shall designate the time, place, and manner for filing quotations, which may be received by mail, facsimile, or electronic mail. The governmental entity shall record the approved quotation in meeting minutes. Quotations approved outside a meeting of the governing body of a governmental entity shall be included in the minutes of the next meeting of the governing body. The governmental entity shall award the contract to the contractor submitting the lowest responsive, responsible quotation subject to section, or the governmental entity may reject all of the quotations.

c. If a public improvement may be performed by an employee of the governmental entity, the amount of estimated sales and fuel tax which a contractor identifies in its quotation shall be deducted from the contractor's price for determining the lowest responsible bidder. If no quotations are received to perform the work, or if the governmental entity's estimated cost to do the work with its employee is less than the lowest responsive, responsible quotation received, the governmental entity may authorize its employee or employees to perform the work.

23.07 HORIZONTAL INFRASTRUCTURE. The State of Iowa Horizontal Infrastructure Bid Threshold Subcommittee for highway, bridge, or culvert projects will review the competitive bid thresholds applicable to city and county highway, bridge, and culvert projects. The subcommittee shall review price adjustments for all types of city and county highway, bridge, and culvert construction, reconstruction, and improvement projects, based on changes in the construction price index from the preceding year. Upon completion of the review the subcommittee may make adjustments in the applicable bid thresholds for types of work based on the price adjustments. The City will base its bid threshold for highway, bridge, or culvert projects as set by the Committee.
(Code of Iowa, Sec. 314 1A & Sec. 314.1B)

SECTION 1. SECTION MODIFIED. Title IV, Chapter 1, Section 6.03 Stop Intersections of the Code of Ordinances of the City of Primghar, Iowa 2004, is hereby amended by adding locations where every driver shall stop before entering an intersection from the direction indicated as follows:

Eastbound Second Street SE at South Hayes Avenue

Eastbound First Street SW at South McCormack Avenue

Eastbound Third Street NW at North Green Avenue

Westbound Third Street NE at North Hayes Avenue

Southbound on North Green Avenue at Third Street NW

Southbound on North Hayes Avenue at Third Street NE

SECTION 2. SECTION MODIFIED. Title IV, Chapter 1, Section 6.08 Special Yield Required of the Code of Ordinances of the City of Primghar, Iowa 2004, is hereby amended to add an intersection where every driver of a vehicle shall yield at the following intersection if approaching from the direction indicated:

1. Southbound on Metcalf Avenue at Second Street, NE

SECTION 3. SECTION MODIFIED. The Code of Ordinances of the City of Primghar, Iowa 2004, is hereby amended by repealing Title 1, Chapter 1 Traffic Code, Article 12.02 Subsection 2 Parking Violations and the following new Subsection 2 is adopted in lieu thereof:

2. OTHER PARKING VIOLATIONS OF THIS CHAPTER UNLESS OTHERWISE NOTED.

a. FIRST VIOLATION. For the first violation of a parking provision of this chapter, the penalty shall be fifteen dollars ($15.00). The fine shall be increased to twenty dollars ($20.00) if not paid within thirty (30) days of the date upon which the violation occurred.

b. SECOND VIOLATION. For any second violation, within twenty-four (24) hours of the first violation, the penalty shall be the sum of fifteen dollars ($15.00) if paid within thirty days upon which violation occurred. The fine shall be increased to twenty dollars ($20.00) if not paid within thirty (30) days of the date upon which the violation occurred.

c. SUBSEQUENT VIOLATIONS. For any subsequent violation within any twenty-four (24) hour period, the penalty shall be not less than fifteen dollars $15.00. The fine shall be increased to a minimum of twenty dollars ($20.00) if not paid within thirty (30) days of the date upon which the violation occurred. (Code of Iowa, Sec. 321.236(1a))

ORDINANCE NO. 2006-01

AN ORDINANCE DESIGNATING AN AREA OF PRIMGHAR, IOWA, AS THE PRIMGHAR RESIDENTIAL URBAN REVITALIZATION DISTRICT #1

WHEREAS, pursuant to the provisions of Chapter 404, Code of Iowa, (the "Act"), the governing body of a city may, by ordinance, designate an area of the city as a revitalization area upon the completion of procedures specified in the Act; and as a revitalization area upon the completion specified in the Act; and

WHEREAS, pursuant to the provisions of the Act, the City Council of Primghar, Iowa, has by resolution determined, with respect to an area within the city, hereinafter described in Section 1 and known as the Primghar Residential Urban Revitalization Area:

(a)

Primghar Residential Urban Revitalization Area is an area that is appropriate as a housing development area as designed in Section 403.17 of the Code of Iowa.

(b)

The rehabilitated and new housing development of the Primghar Residential Urban Revitalization Area is necessary in the interest of the public welfare of the residents of the city, and the Primghar Residential Revitalization Area substantially meets the criteria set forth in Section 404.1 of the Act.

WHEREAS, pursuant to the provisions of the Act, the city prepared a plan for the Primghar Residential Urban Revitalization Area and held a public hearing on the plan for such designated area;

NOW, THEREFORE, be it ordained by the City Council of Primghar, in O'Brien County, Iowa, as follows,

Section 1. In accordance with the Act and in consideration of the recitations set out in the preamble hereof, the area formed by contiguous real estate parcels with a legal description as follows:

.....

All qualified real estate assessed as residential property located within the incorporated city limits of the City of Primghar.

The Corporate Limits of the City are hereby declared to be such as having been heretofore or hereafter legally established by law or the acts of the City. Said territory is and the same is hereby declared to be "The City of Primghar." The inhabitants of said territory and do hereby constitute a body politic and corporate, possessed of all the powers, immunities, and rights of a City existing under and by virtue of the laws of Iowa. The force and authority of all ordinances and the jurisdiction of the officers of said City shall be co-extensive therewith in all cases, and in special cases to such extent as may be provided by the general laws of the State. EXCEPT the following described properties in Primghar (That property as described as Primghar Urban Renewal Area #2):

36-96-41 Auditor's Subdivision SE ¼ SE ¼ N 123.75' of Lot 2, include 2nd Street and Alley to lot line.

AND

North Boundary 6th Street NE or 385th Street at corner of Heritage Park Road, then east on 385th to Sorrel Avenue. South on Sorrel Avenue to County Highway B40. West on County Highway B40 to Highway 59 or Rerick Avenue.

AND

North along Highway 59 to 1st Street NE. East on 1st Street NE to Heritage Park Road. Then north on Heritage Park Road to 385th or 6th Street NE.

AND

South side of County Highway B40: Section 6 Township 95 Range No. 40

AND

South lot line of Leng Addition north on Highway 59 to County Highway B40 then east on County Highway B40 to city limit on south side of County Highway B40. Then south to east west south property line of Primghar Advancement Corporation and O'Brien County Fair Association and then south to the south line of the Leng Addition.

The area includes the full right-of-way of all streets forming the boundary.

.....

is hereby designated as a revitalization area under the Act, which shall be known as the Primghar Residential Urban Revitalization Area.

ORDINANCE NO. 2006-02

AN ORDINANCE DESIGNATING AN AREA OF PRIMGHAR, IOWA, AS THE PRIMGHAR COMMERCIAL REVITALIZATION DISTRICT #1

(a)

Primghar Commercial Revitalization Area is an area that is appropriate as an economic development area as designed in Section 403.17 of the Code of Iowa.

(b)

The economic development of the Primghar Commercial Revitalization Area is necessary in the interest of the public welfare of the residents of the city, and the Primghar Commercial Revitalization Area substantially meets the criteria set forth in Section 404.1 of the Act.

WHEREAS, pursuant to the provisions of the Act, the city prepared a plan for the Primghar Commercial Revitalization Area and held a public hearing on the plan for the Commercial Revitalization Area;

NOW, THEREFORE, be it ordained by the City Council of Primghar, in O'Brien County, Iowa, as follows,

Primghar Ordinances Published Dec 2006

Lime color is peripheral; Black is the ordinance.