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HomeMy WebLinkAbout~Master - Regulating Irrigation Apparatus in Street Parking ORDINANCE NO. 3225 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADDING A NEW SECTION TO REGULATE IRRIGATION APPARATUS IN THE STREET PARK- ING; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; ESTABLISHING A PENALTY AND SETTING AN EF- FECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by adding, as part of a new division to Chapter 22 on Streets, to be entitled "IV PARKING AREA USES", a new section as follows: "Sec. 22.25. PARKING AREA IRRIGATION APPARATUS. (1) The provisions of Section 22.3 on encroachments notwith- standing, the owner of the abutting lot may install permanent irrigation apparatus in the street parking upon first executing a written registration and responsibility agreement in a form provided by the City Department of Public Works. (2) Such apparatus shall be so designed and operated as to not cast water onto either the abutting street or any abutting or adjacent public walkway. (3) The terms of the said responsibility agreement shall make it clear that the city, other utilities and cable televi- sion operators, have no duty of care with respect to said apparatus; and, that the owner of the abutting lot shall indemnify and hold the city, other utilities and cable television operators harmless from any claims, demands or liability whatsoever pertaining to such irrigation appa- ratus. (4) The said agreement shall also be executed by mortgagees of said lot; it shall run with the land to bind succes- sors and assigns; and, it shall be filed for record with the county recorder before the installation apparatus is installed." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this llth day of May 1993. Sandra L. Ryan, City Clerk Larry Curtis, ayor 0237 2