SUMMARY OF CONTENTS CHAPTER 1 CONSTRUCTION AND GENERAL PROVISIONS... 1 CHAPTER 2 GENERAL GOVERNMENT... 9 CHAPTER 3 CITY RECORDS/CITY PROPERTY...

Transcription

1 SUMMARY OF CONTENTS CHAPTER 1 CONSTRUCTION AND GENERAL PROVISIONS... 1 CHAPTER 2 GENERAL GOVERNMENT... 9 CHAPTER 3 CITY RECORDS/CITY PROPERTY CHAPTER 4 OPEN MEETINGS/CITY NEWSPAPER CHAPTER 5 FISCAL MANAGEMENT CHAPTER 6 SPECIAL ASSESSMENTS AND CHARGES CHAPTER 7 WASTE MANAGEMENT/RECYCLING CHAPTER 8 ETHICS CHAPTER 9 TRAFFIC CHAPTER 10 LICENSE AND PERMIT ORDINANCE CHAPTER 11 SNOWMOBILES AND ALL TERRAIN VEHICLES CHAPTER 12 PUBLIC NUISANCE CHAPTER 13 ZONING ORDINANCE CHAPTER 14 PUBLIC WORKS/INFRASTRUCTURE CHAPTER 15 PUBLIC UTILITIES CHAPTER 16 BUILDING REGULATIONS CHAPTER 17 LAND SUBDIVISION AND REGULATIONS CHAPTER 18 MOBILE HOMES CHAPTER 19 FLOODPLAIN ZONING CHAPTER 20 PUBLIC SAFETY/PUBLIC ORDER CHAPTER 21 HOUSING CHAPTER 22 NOISE ORDINANCE

2 Preamble Table of Contents Attorney Raymond L. Hoel HOEL LAW OFFICE Cornell, Wisconsin TABLE OF CONTENTS CITY OF CORNELL Page # i CHAPTER 1 CONSTRUCTION AND GENERAL PROVISIONS 1.01 General Repealing Clause Effect of Repeal Reference to Code Additions General Penalty When No Penalty is Provided Title Headings; Cross References Copies Jurisdiction Interpretation Existing Rights and Liabilities Construction of Ordinances... 3 (1) Wisconsin Statutes... 3 (2) Gender, Singular and Plural... 4 (3) Person... 4 (4) Highways... 4 (5) Reasonable Time or Notice... 4 i

3 (6) County Jail... 4 (7) City Administrator Conflict and Separability... 4 (1) Conflict of Provisions... 4 (2) Separability of Code Provisions Adoption of Citation Enforcement Procedure for Violations of Ordinances Effective Date... 6 Reserved for future use... 7 Reserved for future use... 8 CHAPTER 2 GENERAL GOVERNMENT 2.01 Form of Government Elected Officials... 9 (1) Enumerated... 9 (2) Election; Term Appointed Officials (1) Enumerated (2) Terms (3) Residence required within the City of Cornell as a condition of employment Salaries Board and Commissions (1) Board of Review (2) Plan Commission (3) Board of Zoning Appeals (4) Public Utilities Committee..12 ii

4 2.06 The Common Council (1) Meetings (2) Specific Rules of Conduct at City Council Meetings (3) Ordinances and Resolutions (4) Salaries (5) Opening and Closing of Polls (6) Bond of City (Clerk-Treasurer) Administrator City Administrator Ordinance (1) Appointment and Term of Office (2) Termination of Appointment by City Administrator (3) Powers and Duties of City Administrator (4) Cooperation with other Officers (5) Clerk-Treasurer Duties (6) Council Determinant of Powers and Duties (7) Compensation of City Administrator (8) Evaluation of City Administrator City Police Ordinance (1) Jurisdiction, Powers and Duties of City Police Department (2) Non-Exclusivity Special Office Ordinance (1) Creation of Special Offices (2) Special Offices (3) Responsibilities for Special Offices Eligibility for Office Ordinance (1) Eligibility for Office/Incompatibility of Office iii

5 2.11 Office Oath and Bond Ordinance (1) Oath (2) Bonds Committee (Commission) Ordinance (1) Committee Appointments (2) Committee Reports Municipal Court Ordinance Board of Review Ordinance (1) Membership of Board of Review (2) Compensation for Board of Review (3) Time and Place (4) Procedure Cooperation in Transfer of City Office Ordinance (1) Duty to Cooperate on Transfer of Office (2) Status Summary and Responsibilities at End of Term (3) Brief of Common Council and Successor in Office Compensation of Elective City Offices Police Commission and Public Safety Committee (1) Police and Fire Commission (2) Public Safety Committee Municipal Judge (1) Municipal Court for the City of Cornell, Wisconsin (2) Office of Municipal Judge Created (3) Election: Term (4) Salary (5) Bond: Oath (6) Jurisdiction (7) Procedure iv

6 2.19 Contempt in Municipal Court (1) (2) Penalty Elections (1) Officials (2) Central Polling Place (3) Ward Boundaries (4) Civil Defense Public Construction Code of Ethics for 1989 FmHA Projects Authority, Powers and Duties (1) General Powers and Duties of Mayor (2) Miscellaneous, Specific, and Statutory Duties (3) Other Relevant Statutory Authority, Powers and Duties of Mayor City Clerk Ordinance (1) General Powers and Duties (2) Other Statutory Authority, Powers and Duties of City Clerk (3) Other Authority, Powers and Duties of City Clerk by Ordinance (4) Duties to be Performed by City Administrator (5) Deputy Clerk City Treasurer Ordinance (1) General Powers and Duties of City Treasurer (2) Other Authority, Powers and Duties of City Treasurer by Ordinance (3) Deputy City Treasurer (4) Duties to be Performed by City Administrator v

7 2.27 City Assessor Ordinance (1) General Powers and Duties of City Assessor (2) General Statutory Authority, Powers and Duties of City Assessor (3) Other Authority, Powers and Duties of City Assessor by Ordinance Reserved for future use Reserved for future use CHAPTER 3 CITY RECORDS/CITY PROPERTY 3.01 Public Records and Public Property (1) Public Records and Public Property Responsibilities (2) Public Records and Public Property Delivery (3) Public Record Access (4) Conditions and Terms for Destruction of Public Records (5) Specific Date of Destruction for Specific Public Records (6) Taped Records of Meetings Public Buildings and Public Lands (1) Handicapped Access (2) Public Buildings and Public Lands Access Reserved for future use Reserved for future use CHAPTER 4 OPEN MEETINGS/CITY NEWSPAPER ORDINANCE 4.01 Open Meetings/City Newspaper Ordinance (1) Open Public Meetings (2) Public Notice of Meetings (3) Special Government Units (4) Posting and Publishing of Public Notice (5) Recording, Broadcasting and Photographing of Meeting (6) Exceptions to Open Meeting vi

8 4.01 Open Meetings/City Newspaper Ordinance (7) Exclusion of Members (8) State Law Official City Newspaper Ordinance (1) Official City Newspaper (2) Adoption of Resolution For Official City Newspaper Reserved for future use Reserved for future use CHAPTER 5 FISCAL MANAGEMENT 5.01 Fiscal Management Ordinance (1) Fiscal Year (2) Budget Adoption (3) Reserved for future use (4) Budget Hearing (5) Estimates of Budget (6) Elements of Budget (7) Elements in Budget Summary (8) Initial Preparation of Budget (9) Approval of Budget (10) Changes in Final Budget (11) Expenditure of Funds (12) Claims and Payments (13) Financial Statement (14) Public Contracts (15) Bonding (16) Multiple Payments of Property Taxes (17) Investment Procedure/Public Depository (18) Reserved for future use (19) Appropriations (20) Fire Cost Reimbursement (21) Financial Audit Reserved for future use Reserved for future use vii

9 CHAPTER 6 SPECIAL ASSESSMENTS AND CHARGES 6.01 Special Charges Special Assessment Policy and Procedures In Lieu of Assessment Charges (1) Preamble (2) Procedure Reserved for future use Reserved for future use CHAPTER 7 WASTE MANAGEMENT/RECYCLING ORDINANCE 7.01 Waste Management Ordinance (1) Title/Purpose (2) Adoption of Ordinance (3) General Provisions (4) Special Permit Recycling Ordinance (1) Title (2) Purpose (3) Statutory Authority (4) Abrogation and Greater Restrictions (5) Interpretation (6) Severability (7) Applicability (8) Administration (9) Effective Date (10) Definitions (11) Separation of Recyclable Materials (12) Separation Requirements Exempted (13) Care of Separated Recyclable Materials viii

10 7.02 Recycling Ordinance (14) Management of Lead Acid Batteries, Major Appliances, Waste Oil, and Yard Waste (15) Preparation and Collection of Recyclable Materials (16) Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings (17) Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties (18) Prohibitions on Disposal of Recyclable Materials Separated for Recycling (19) Large Outdoor Events (20) Parks, Waysides, Ballfields, and Recreation Areas (21) Exemptions (22) Volume Based Rates (23) Collection Schedule (24) Special Materials (25) Construction Materials (26) Right to Reject Materials (27) Hauler Licensing (28) Reserved for future use (29) Reserved for future use (30) Reserved for future use (31) Enforcement Annual Clean-Up Weeks CHAPTER 8 ETHICS Reserved for future use Reserved for future use Ethics Ordinance (1) Applicability (2) Standard of Ethical Conduct (3) Conflict of Interest Actions (4) Honorarium Fees, and Expenses Reserved for future use Reserved for future use ix

11 CHAPTER 9 TRAFFIC 9.01 Traffic Ordinance (1) State Traffic Laws Adopted (2) Official Traffic Map and Control Devices; Prohibited Signs, Signs, and Markers (3) Speed Limits (4) Through Highways and Controlled Intersections (5) One-way Highways, Safety Zones, Safety Islands, Turns, and Lanes (6) Reserved for future use (7) No Passing Zones (8) Weight Limits and Heavy Traffic Routes (9) Special Parking Regulations (10) Abandoned Vehicles (11) Accident Reports (12) Display of Power (13) Vehicles to Stop for School Buses Loading and Unloading Children (14) Penalties (15) Enforcement (16) School Bus Warning Lights (17) Reserved for future use (18) Supplementary Traffic Regulations-Airport Traffic (19) Supplementary Traffic Regulations - Boating (20) Supplementary Traffic Regulations - Bicycles (21) References to Wisconsin Statutes (22) Severability (23) Effective Date (24) State Administrative Code Provisions Adopted (25) Supplementary Traffic Regulations - Skateboards (26) Supplementary Traffic Reg. Neighborhood Electric Vehicles 181 x

12 CHAPTER 10 LICENSE AND PERMIT ORDINANCE General License and Permit Ordinance (1) Title/Purpose (2) General Provisions Cigarette License and Ordinance (1) Coverage (2) Application/License (3) Ordinance/License Dog License Ordinance; Cats and other Animals (1) Coverage (2) Dog License Required: Definitions (3) Rabies Vaccination Required For License (4) Kennel Licenses (5) Reserved for future use (6) Rabies Quarantine (7) Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals (8) Impoundment of Animals (9) Dogs and Cats Restricted on Cemeteries (10) Duty of Owner in Case of Dog or Cat Bite (11) Injury to Property By Animals (12) Barking Dogs or Crying Cats (13) Providing Proper Food and Drink to Confined Animals (14) Providing Proper Shelter (15) Neglected or Abandoned Animals (16) Cruelty to Animals and Birds Prohibited (17) Dognapping and Catnapping (18) Vehicle Accidents (19) Limitation on Number of Dogs or Cats (20) Penalties Reserved for Future Use Adult Orientated Establishments xi

13 10.06 Fireworks Permit Ordinance (1) Coverage (2) Application/Permit (3) Exemptions (4) Ordinance/Permit Alcohol Beverages Ordinance (1) State Statutes Adopted (2) Licenses, Permits, Authorization Required Junkyard Permit Ordinance (1) Coverage 235 (2) Application/Permit (3) Exemptions (4) Ordinance/Permit (5) Other Provisions Reserved for future use Reserved for future use Reserved for future use xii

14 CHAPTER 11 SNOWMOBILES AND ALL TERRAIN VEHICLES Intent Snowmobile and All Terrain Vehicle Regulations (1) Snowmobile and All Terrain Vehicle Laws Adopted (2) Applicability of Rules of the Road To Snowmobiles and All Terrain Vehicles Snowmobile Routes Designated 241-A (4) Operating in Unsafe or Reckless Manner A (5) Single File Operation 241-A (6) Accident Report 241-A Additional Requirements A (1) Speed..241-A (2) Hours of Operation..241-A (3) Restrictions on Operators 242 (4) Unattended Vehicles 242 (5) Operation on Sidewalks or Malls Prohibited.242 (6) Operation on Private Premises Restricted 242 (7) Crossing Streets (8) Operation Permitted When County Trails Open Statutory Authority ATV Routes and Trails Designated. 242 (1) Routes Designated Conditions,, Enforcement Penalties Severability Filing xiii

15 CHAPTER 12 PUBLIC NUISANCE Public Nuisance Ordinance (1) General Provisions (2) Definitions (3) Public Nuisances Affecting Health (4) Public Nuisances Affecting Peace and Safety (5) Control of Weeds and Grasses (6) Accumulation of Junk Forbidden (7) Abatement of Public Nuisances (8) Cost of Abatement (9) Penalties Reserved for future use Reserved for future use CHAPTER 13 ZONING ORDINANCE 255 CHAPTER 14 PUBLIC WORKS/INFRASTRUCTURE Public Works/Infrastructure Ordinance (1) Roads (2) Street and Sidewalk Grades (3) Sidewalk Construction and Repair (4) Driveways (5) Street and Sidewalk Excavations, Right-of Ways Opening and Sewer and Water Service Reconstruction (6) Obstructions and Encroachments (7) Cleaning, Repair, Snow and Ice Removal (8) House Numbering System Reserved for future use Reserved for future use xiv

16 CHAPTER 15 PUBLIC UTILITIES Public Utilities (1) Common Council Duty (2) Public Utility Committee (3) Superintendent of Utilities Rules, Regulations and Rates Water and Sewer Utility Creation - Rules and Regulations (1) Management and Operation (2) Powers of Utility (3) Condemnation of Real Estate (4) Title to Real Estate and Personal Property (5) User Rules and Regulations (6) Miscellaneous Rules-Water Utilities (7) Excavations (8) Tapping the Mains (9) Installation of House Laterals - Permit (10) Water Service Rates-Water Utility Rules (11) Mandatory Hook-up - Water Utilities (12) Maintenance of Services (13) Payment of Bills (14) Cross Connection Control Ordinance (15) Well Abandonment Ordinance (16) Damage Recovery (17) Penalties (18) Charges are a Lien on Property (19) Adoption of Other Rules (20) Severability Sewer Utility - Rules and Regulations (1) Mandatory Hookup - Sewer Utilities (2) Maintenance of Service - Sewer Utilities (3) Improper Use - Sewer Utilities (4) Damage Recovery (5) Penalties (6) Septic Tanks Prohibited xv

17 (7) Vacating of Premises and Discontinuance of Service (8) Charges are a Lien on Property (9) Unit of Service Definition (10) Adoption of Other Rules (11) Severability Service Billing and Connections (1) Billing (2) Service Connections Meters Fire Hydrants Plumbing Liability Gas Utility Regulations Electric Utility Rules Granting Permission to Wisconsin Gas Company, Inc Penalty Reserved for future use Reserved for future use CHAPTER 16 BUILDING REGULATIONS Building Regulations (1) Applicability of Building Regulations Building Permits (1) Building Permits Issued by Building Inspector xvi

18 16.03 Definitions Plans to be Submitted Waiver of Plans Approval of Plans: Alterations Inspection of Work Minor Repairs Unsafe Buildings Applications for Permits (1) Building Permit Application Issuance of Permits Lapse of Permit Revocation of Permit Report of Violations Gas Appliances and Installations (1) Sale of Appliances (2) Installation of Appliances (3) Enforcement Solid Fuel Burning Solid Fuel Burning (1) Inspector (2) Permits and Inspection (3) Installation Requirements (4) Smoke Detector (5) Fire Extinguishers Appeal from Order of Building Inspector xvii

19 16.18 Non-liability of the City Penalties Reserved for future use Reserved for future use CHAPTER 17 LAND SUBDIVISION AND REGULATION Introduction and Purpose Definitions (1) Subdivision (2) Extra-Territorial Plat Approval Jurisdictions (3) Lot Division (4) Street (5) Major Streets and Highways (6) Collector Streets (7) Minor Streets (8) Marginal Access Streets (9) Alleys (10) Master Plan (11) Official Map (12) Subdivider (13) Dwelling Unit (14) Other General Requirements (1) Subdivisions (2) Requirements (3) Specific Conditions (4) Exceptions Procedure for Subdividing (1) Pre-Application Procedure (2) Preliminary Plat Procedure (3) Final Plat Procedure xviii

20 17.05 Required Improvements (1) Monuments (2) Improvements (3) Payments for Improvements (4) Payments for Improvements by Contract Design Standards (1) Streets and Alleys Land Development Other than Subdivision (Lot Division) (1) Procedure (2) Requirements Subdivisions Created by Successive Divisions Replats Variances Severability of Provisions Remedies and Penalties Reserved for future use Reserved for future use CHAPTER 18 MOBILE HOMES Authority Definitions (1) Licensee (2) Park (3) Person (4) Mobile Home (5) Manufactured Home xix

21 (6) Non-dependent Mobile Home (7) Unit (8) Mobile Home Park (9) Space (10) Mobile Home Stand (11) Occupied Area (12) Park Management (13) Lot (14) Complete Bathroom Facilities Coverage Application and Transfer Mobile Home Monthly Permit Parking Outside Licensed Mobile Home Parks Restricted Reserved for future use Reserved for future use Mobile Home Park Operator's License Operation of Mobile Home Parks: Responsibilities of Park Management Responsibilities and Duties of Mobile Home Park Occupants Monthly Parking Fee Penalties Severability Reserved for future use Reserved for future use xx

22 CHAPTER 19 FLOODPLAIN ZONING ORDINANCE Statutory Authorization, Finding of Fact, Statement of Purpose, Title and General Provisions (1) Statutory Authorization (2) Finding of Fact (3) Statement of Purpose (4) Title (5) General Provisions General Standards Applicable to all Floodplain Districts (1) Hydraulic and Hydrologic Analyses (2) Watercourse Alterations (3) Chapter 30, 31, Wis. Stats., Development Floodway District (FW) (1) Applicability (2) Permitted Uses (3) Standards for Developments in Floodway Areas (4) Prohibited Uses Floodfringe District (FF) (1) Applicability (2) Permitted Uses (3) Standards for Development in Floodfringe Areas General Floodplain District (GFP) (1) Applicability (2) Permitted Uses (3) Standards for Development in the General Floodplain District (4) Determining Floodplain and Floodfringe Limits xxi

23 19.06 Nonconforming Uses (1) General (2) Floodway Areas (3) Floodfringe Areas Administration (1) Zoning Administrator (2) Zoning Agency (3) Board of Adjustment/Appeals (4) To Review Appeals of Permit Denials (5) Floodproofing (6) Public Information Amendments (1) General (2) Procedures Enforcement and Penalties Definitions Reserved for future use Reserved for future use CHAPTER 20 PUBLIC SAFETY/PUBLIC ORDER Public Safety/Public Order Ordinance (1) General Provisions (2) Disorderly Conduct Prohibited (3) Intoxication Drunkenness (4) Assault and battery (5) Molesting Birds and Squirrels (6) Reserved for future use (7) Regulations of Weapons other than Firearms, including Bows and Arrows, BB Guns and Weapons other than Firearms xxii

24 (8) Regulation of Firearms (9) Abandoned or Unattended Refrigerators, Etc (10) Unguarded Openings (11) Obstruction of Aisles, Fire Escapes, Etc (12) Hunting Restricted for Public Health and Safety Reasons (13) Loud and Unnecessary Noise Prohibited B (14) Obedience to Officers B (15) Beer or Liquor Consumption on Streets Prohibited B (16) Impersonating Officers (17) Responsibility for Possession or Consumption of Alcoholic Beverages by Underage Persons (18) Offenses Endangering Public Morals and Decency (19) Indecent Conduct and Language Prohibited Public Safety/Public Order Ordinance (20) Curfew (21) Offenses Against Public and Private Property; Destruction of Property Prohibited (22) Penalties (23) City Park Hours and Permits (24) Disposition of Abandoned and Unclaimed Personal Property (25) Regulation of Smoking (26) Sale of Cigarettes and Tobacco Products to Children Restricted (26) Open Burning Use of Incinerators and Use of Burn Barrels Prohibited (27) Procedure for Violations of Ordinances by Juveniles Reserved for future use Reserved for future use xxiii

25 CHAPTER 21 HOUSING City Housing Development Ordinance (1) Title/Purpose (2) Authority (3) (4) (5) Reserved for future use Reserved for future use Reserved for future use Reserved for future use Reserved for future use CHAPTER 22 NOISE ORDINANCE Unlawful to Make Excessive Noise Unlawful Acts (1) Horns, Signaling Devises, etc (2) Radios, Phonographs, etc (3) Loud Speakers, Amplifiers for Advertising (4) Yelling, Shouting, etc (5) Animals, Birds, etc (6) Whistles or Sirens (7) Exhausts (8) Defect in Vehicle or Load (9) Sound Trucks for Advertising Purposes (10) Loading, Unloading, opening Boxes (11) Construction or Repairing of Buildings (12) Schools, Churches, Hospitals (13) Hawkers, Peddlers (14) Pile Drivers, Hammers, Chain Saws, Power Mowers, etc (15) Blowers, Fans and Engines xxiv

26 22.03 Exceptions Penalty Enforcement Severability Reserved for future use Reserved for future use CHAPTER 23 CABLE COMMUNICATIONS ORDINANCE Definitions (1) Applicable Laws (2) Applicant (3) Basic Service (4) Cable Act (5) Cable Channel (6) Cable Operator (7) Cable Liaison (8) Cable Service (9) Cable System or System (10) Common Council (11) City Administrator (12) City Property (13) Converter (14) FCC (15) Franchisee (16) Gross Revenues (17) MDU Rates (18) Minority (19) Normal Business Hours (20) Normal Operating Conditions (21) Person (22) Proposal (23) Public, Educational Or Government PEG (24) Rights-of-Way (25) Service Interruption (26) Subscriber or Customer (27) Tap xxv

27 (28) Two-Way Capability (29) User (30) Valid Authorization (31) Valuation Findings and Purpose Franchise Agreement (1) Issuance of Franchise Subject to Agreement (2) Relationship of Franchise and Franchise Agreement to Laws (3) Nature of Franchise Agreements Policy of Innovation Time is of the Essence Franchise Required (1) Franchise Required (2) Franchise Nonexclusive (3) Franchise Binding Grant of Authority (1) Length of Franchise (2) No Right of Property Local Regulatory Framework, Continuing Regulatory Jurisdiction (1) City Administrator Responsibilities Geographic Coverage of the System (1) Annexation (2) Line Extension Conditions of Rights-of-Way Occupancy (1) Written Approval (2) Use of Existing Poles or Conduits xxvi

28 (3) Minimum Interference (4) Disturbance of Damage (5) Relocation (6) Emergency (7) Tree Trimming (8) Protection of Facilities (9) Installation Records (10) Locating Facilities (11) City's Rights (12) Facilities in Conflict (13) Permits (14) Restoration (15) Relocation Delays (16) Interference with City Facilities (17) Interference with Utility Facilities (18) Co-location (19) Use of Franchisee Facilities Use, Rental or Lease of Utility Poles and Facilities Cable System Design (1) Channel Capability (2) System Configuration (3) Standby Power (4) Two-Way Capability (5) Required Services and Facilities (6) Public Use Connections (7) Reception Privacy (1) Valid Authorization of Subscribers (2) Release of Subscriber Information (3) Subscriber Monitoring (4) Privacy Violations Construction and Technical Support (1) Compliance with Construction Codes (2) Performance Standards (3) Technical Standards xxvii

29 23.15 Customer Service Standards Customer Service Standards (1) Office and Phone Service (2) Notification Requirements (3) Service Calls and Response Time (4) Disconnect Charges Time for Disconnection (5) Refunds, Credits and Rebates (6) Bills and Billing Disputes (7) Complaints (8) Complaint Procedure (9) Disconnection or Denial of Service (10) Refunds, and Credits (11) Rates, Fees, and Charges (12) Employee and Vehicle Identification (13) Rights Reserved by City (14) (15) Continuity of Service Mandatory Rates (1) Regulation (2) Rate Filings (3) Nondiscrimination (4) Promotional Campaigns (5) Experimental Services Reports (1) Annual Reports (2) Annual Surveys (3) Reserved for future use (4) Reports of Others (5) Material Misrepresentations (6) Access to Books and Records Performance Evaluations Sessions (1) Procedure (2) Topics xxviii

30 23.19 Renewal, Revocation, Violation or Forfeiture of Franchise (1) Renewal (2) Procedure for Violations and Revocations (3) Effect of Termination or Forfeiture (4) Remedies Cumulative (5) Right to Require Dismantling; Restoration Continuity of Service Approval of Transfer and Right of Acquisition by City Foreclosure (1) Foreclosure (2) Receivership (3) Failure to Comply Transfers and Assignments (1) Transfer Rights (2) Required Information (3) City Review (4) Approval (5) Acceptance (6) Unauthorized Transfer (7) Collateral (8) Proprietary Information Subscriber Antennas Indemnification and Disputes Regarding Issuance of Franchise (1) Indemnification (2) Disputes Regarding Issuance of Franchise xxix

31 23.26 Bonding (1) Performance Bond (2) Return of Performance Bond (3) Security Fund Franchise Fee (1) Amount (2) Payment of Franchise Fee (3) Accord and Satisfaction (4) Not Franchise Fees Rights Reserved to the City (1) City's Rights (2) Eminent Domain Rights Reserved to the City (3) Use of Poles Equal Employment Opportunity (1) Nondiscrimination (2) Equal Opportunity Selection of Franchise (1) Submission of Proposal (2) Proposal Evaluation (3) Issuance of a Franchise (4) Application Fees (5) Decision Final Theft of Service and Tampering Penalties (1) (2) Forfeiture Damages xxx

32 23.34 Severability ALPHABETICAL LISTING SCHEDULE OF APPENDICES REFERENCE IN CODE APPENDIX A Schedule of Cash Deposits... 5, 182 APPENDIX B Fire Protection Cost Resolution APPENDIX C End of Term Status Summary APPENDIX D Compensation of Elected and Appointed Officers... 23, 24, , 36, 41, 42, 44 APPENDIX E Schedule of Fees... 65, 165, 182, 194, 195, 222, 225, , 315, 319, 328, 357 APPENDIX F Special Assessment Guidelines APPENDIX G Resolution RE: 1 & 2 Family Dwelling... xxxi

33 APPENDIX H Reserved for Future Use... APPENDIX I Reserved for Future Use... APPENDIX J Electric Utility Rate APPENDIX K Water Utility Rate APPENDIX L Sewer Utility Rate APPENDIX M Assignments of Cable TV Franchise APPENDIX N Franchise and Easements for Utilities... APPENDIX O Snowmobile and ATV Routes APPENDIX P Code of Ethics 1989 FmHA Project... 31, 50 APPENDIX Q Quorum Rules... 14, 19 APPENDIX R Former Public Utilities Chapter in effective until APPENDIX S Cable TV Franchise Programming Service, Initial Service and Maintenance Fee APPENDIX T Utility Grant - Natural Gas APPENDIX U Mill Yard Park Hours APPENDIX V Delegation of Duties by Mayor APPENDIX W Reserved for Future Use APPENDIX X Wards APPENDIX Y Reserved for Future Use APPENDIX Z Map Showing Restricted Area for Bowhunting A xxxii

34 APPENDIX A SCHEDULE OF CASH DEPOSITS

35 APPENDIX B FIRE PROTECTION COST RESOLUTION

36 APPENDIX C END OF TERM STATUS SUMMARY

37 APPENDIX D COMPENSATION OF ELECTED AND APPOINTED OFFICIALS

38 APPENDIX E SCHEDULE OF FEES

39 APPENDIX F SPECIAL ASSESSMENT GUIDELINES

40 APPENDIX G NON-ENFORCED RESOLUTION REGARDING ONE & TWO FAMILY DWELLING CODE

41 APPENDIX H RESERVED FOR FUTURE USE

42 APPENDIX I RESERVED FOR FUTURE USE

43 APPENDIX J ELECTRIC UTILITY RATE

44 APPENDIX K WATER UTILITY RATE

45 APPENDIX L SEWER UTILITY RATE

46 APPENDIX M ASSIGNMENTS OF CABLE TV FRANCHISE

47 APPENDIX N FRANCHISE AND EASEMENTS FOR UTILITIES

48 APPENDIX O SNOWMOBILE AND ATV ROUTES

49 APPENDIX P CODE OF ETHICS 1989 FmHA PROJECT

50 APPENDIX Q QUORUM RULES

51 APPENDIX R FORMER PUBLIC UTILITIES CHAPTER EFFECTIVE UNTIL 1996

52 APPENDIX S CABLE TV FRANCHISE PROGRAMMING SERVICE INITIAL SERVICE & MAINTENANCE FEE

53 APPENDIX T UTILITY GRANT - NATURAL GAS

54 APPENDIX U MILLYARD PARK HOURS

55 APPENDIX V DELEGATION OF DUTIES BY MAYOR

56 APPENDIX X WARDS

57 APPENDIX Y Resolutions Appointment Alternate Board Members to Board of Review

58 APPENDIX Z Map Showing Restricted Area for Bowhunting