Special City Council

CITY OF WEST BURLINGTON Special City Council Meeting Wednesday, August 20, 2025 - 12:00 PM West Burlington City Hall 122 Broadway Street TENTATIVE AGENDA CALL TO ORDER ROLL CALL PERFECTING & APPROVAL OF AGENDA NEW BUSINESS 1. Consider a Resolution authorizing the City of West Burlington to apply for a Rural Housing Readiness Assessment Grant with a $10,000 match utilizing LMI funding Center for Rural Revitalization Grants ERI_RuralHousingReadyGrantGuidelines_062025-2 2025 - Authorizing Application for a Rural Housing Readiness Assessment Grant 2. Discuss proposed Noise Control Ordinance Proposed - Noise Ordinance CITIZEN INQUIRIES ADJOURN Page 1 of 14 Agenda Item #1. Center for Rural Revitalization Grants: https://opportunityiowa.gov/community/revitalization/center-rural-revitalization o The Rural Innovation Grant program supports creative solutions to the challenges facing rural communities. This grant opportunity aims to expand the housing stock in rural Iowa by leveraging funding programs, encouraging private investment and rewarding innovative approaches. o The goal is to provide funding to communities that have shown significant progress on housing initiatives and that propose forward-thinking ideas with a measurable outcome. The grant supports innovative solutions to housing stock challenges and seeks models that can be replicated elsewhere in Iowa. o In talking with Mike Norris/SEIRPC, these awards are typically for projects. Looking to bring a plan or ideas forward for council discussion at a work session. Determining if the grant is worth applying for now or later if we have a project – as well as if the assessment is needed. o RHRA: Additionally… ▪ ISU funds from the grant are eligible to be spent on any housing related items that come up during the Rural Housing Readiness Assessment (RHRA). If housing rehab or dilapidated housing acquisition are two potential items in which you plan to use the funds, we make sure that we discuss those items during program. The full plan or strategy does not have to be complete prior to applying for the grant, this will be a portion of what we work on during the RHRA process. LMI proceeds could be used as a potential match. ▪ With the assessment, we could focus on some of the programs we have discussed - downpayment assistance, rehab or new, etc. If awarded $20,000 plus the $10,000 local match. Page 2 of 14 Agenda Item #1. EMPOWER RURAL IOWA RURAL HOUSING READINESS ASSESSMENT GRANT GUIDELINES The Rural Housing Readiness Assessment Grant ELIGIBILITY REQUIREMENTS program helps rural communities use publicly available data to shape development codes, local ordinances Eligible Use of Funding and housing incentives tailored to their needs. The Rural Housing Readiness Assessment Grant program provides funding for housing assessment In partnership with Iowa State University (ISU) data collection and the ISU Extension and Outreach Extension and Outreach’s Rural Housing Readiness Rural Housing Readiness Assessment workshop. Assessment workshops, funding from the program Funds may be used to fulfill that process at the will empower communities to assess their current discretion of the grant recipient but must contribute development environment and enact changes resulting to the completion of the housing assessment report, in the creation of policies and procedures attractive to workshop or implementation of the workshop potential developers. outcomes within the contract period. The program, defined in the Iowa Administrative Code, Eligible Applicants is administered by the Center for Rural Revitalization, a Local city and county governments, as well as division of the Iowa Economic Development Authority federally recognized tribal governments physically (IEDA), in consultation with the Governor’s Empower located in Iowa, are eligible. The government must Rural Iowa Initiative task force and ISU Extension and exist in and benefit a community in Iowa with a Outreach. population of 20,000 or fewer that is not contiguous to a city with a population of 40,000 or more. Countywide projects must be located in one of the 88 TIMELINE least populous counties in Iowa. July 1, 2025 ________________________________ Eligible Project Requirements Application opens through IowaGrants.gov. Requirements for Rural Housing Readiness August 29, 2025 ____________________________ Assessment Grant awards include, but are not limited Application deadline is 4 p.m. CDT. to: • Applicant must demonstrate the capacity for Fall 2025 ___________________________________ grants administration. Applicants will be notified of funding decisions. • Application must demonstrate the feasibility of Fall 2025 – June 30, 2027____________________ completing the proposed activities with the funds All project activities and incurred expenses must requested and within the contract period. occur within the eligible funding period. Funding is • Application must identify and describe any other awarded on a reimbursement basis after expenses sources of funding for the proposed activities. have been incurred for approved project activities. • Applicant must provide required 1:1/2 cash match. • Applications must agree to contract with ISU Extension and Outreach for the facilitated Rural Housing Readiness Assessment workshop. • Applications must identify any additional partner organizations that will be utilized in data collection or implementation processes. Page 3 of 14  EMPOWER Agenda Item RURAL #1. IOWA | RURAL HOUSING READINESS ASSESSMENT GRANT GUIDELINES 2 FUNDING Disbursement of Funds Disbursements will be made on a reimbursement Grant Request Amount basis. Each disbursement claim must be for an Grant recipients will be awarded $20,000. A portion amount of at least $1,000. All claims must be of the total project cost must be used to contract with submitted through IowaGrants.gov. The following ISU Extension and Outreach for the Rural Housing items are required when submitting a claim: Readiness Assessment workshop. The workshop • An invoice and proof of payment. price is dependent upon the number of communities • Additional documentation, if requested by IEDA. involved. ONLINE APPLICATION SUBMISSION All applications must be submitted through IowaGrants.gov. Applications submitted in any other format will not be accepted. Applicants must create a user account to access and complete the full application. Late, incomplete or ineligible applications will not be considered. Match Requirement Applicants are required to demonstrate investment in the project process by providing a minimum cash REVIEW PROCESS match of $10,000. The cash match must be secured, dedicated to eligible expenses, an integral part of Applications will be reviewed for completion, eligibility the project and expended within the eligible funding and adherence to published guidelines. Reviews are period. The $10,000 match requirement may be raised based solely on the information submitted by the through a combination of public and private sources deadline; new information or clarifications submitted but may not include in-kind donations of goods or after the deadline will not be considered. Eligible services, unsecured funding or loans. applications will be referred to a volunteer grant review • Cash match constitutes actual cash contributed committee for competitive evaluation. The committee toward direct project expenses by the applicant or includes members of the Governor’s Empower Rural other funding sources. Iowa Initiative task force, ISU Extension and Outreach • State government funding already being used staff and expert professionals. The committee reserves as match for another program — including other the right to recommend conditional or partial funding. funds from IEDA — cannot be used to meet the Funding recommendations will be submitted to the match requirement. director of IEDA for consideration and approval. Each applicant’s authorized official will receive award Funding Period notification. All funding decisions are final. All project activities and incurred expenses must occur within the eligible contracted funding period of fall 2025 through June 30, 2027. Funding is awarded on a reimbursement basis after expenses have been incurred for approved project activities within this period. Expenses incurred before or after the eligible funding period are not eligible for reimbursement. Page 4 of 14  EMPOWER Agenda Item RURAL #1. IOWA | RURAL HOUSING READINESS ASSESSMENT GRANT GUIDELINES 3 HOUSING COMMITTEE Applicants are asked to establish a housing committee to guide the process. It is recommended that the committee include seven to 10 individuals, such as elected officials, city staff, representatives from real estate and finance, nonprofits, major employers and concerned residents. Communities are also recommended to publicly advertise the opportunity to serve on the committee. Additional guidance can be provided by ISU Extension and Outreach. SCORING RUBRIC Eligibility Review Applications must demonstrate evidence of the following: • Applicant eligibility. • Funding request meets eligible project and expense requirements. • Proof of required cash match. • Project duration does not exceed contract period. • Application is complete and submitted through IowaGrants.gov. Application Review Applications will be evaluated using the Rural Housing Readiness Assessment Grant scoring rubric. Each section includes specific criteria and corresponding point values to ensure a fair and consistent review process. Additional consideration — an extra five points — is awarded to applications for projects located in communities with a population of 10,000 or fewer. The rubric is based on a 57-point scale. 1 — APPLICANT PROFILE: 5 points possible 5 3 1 Applicant clearly identifies strategic Applicant identifies relevant notable Applicant does not adequately priorities and appropriateness achievements or strategic priorities. identify relevant notable in initiating the study and achievements or strategic priorities. demonstrates a strong track record of progress through relevant achievements. Page 5 of 14  EMPOWER Agenda Item RURAL #1. IOWA | RURAL HOUSING READINESS ASSESSMENT GRANT GUIDELINES 4 2 — TIMING AND NEED: 5 points possible 5 3 1 Proposal clearly identifies recent Proposal identifies some recent Proposal does not clearly or momentum, demonstrates excellent momentum and commitment to adequately identify recent timing and reflects a commitment to participation and engagement in momentum or demonstrates active participation and engagement addressing housing needs. inappropriate timing and in addressing housing needs. commitment to participation and engagement in addressing housing needs. 3 — HOUSING COMMITTEE: 5 points possible 5 3 1 Proposal clearly identifies an active Proposal identifies a housing Proposal does not identify an active committee with multiple, diverse committee with multiple, diverse housing committee with multiple, partners. Key partner roles and partners. Key partner roles and diverse partners. Key partner roles responsibilities are well-defined and responsibilities are defined. and responsibilities are not well- will enhance the success of the defined. process. 4 — EXISTING DOCUMENTATION: 2 points each 2 2 2 Previous housing studies Downtown upper-story inventory Vacant lot survey or data 2 2 2 Comprehensive plan Current housing-related city Ordinances or resolutions enacting ordinances housing-related incentive programs 5 — IMPLEMENTATION: 5 points possible 5 3 1 Proposal has strong implementation Proposal has identified achievable Proposal implementation objectives objectives. Project will be implementation objectives and are unclear or not measurable. successfully realized through timeline of tasks. Applicant and Multiple concerns about project a clear, detailed timeline of partner responsibilities are identified. achievability. Timeline of tasks is deliverables. Applicant and partner insufficient. Applicant and partner responsibilities are well-defined. responsibilities are unclear or not identified. Page 6 of 14  EMPOWER Agenda Item RURAL #1. IOWA | RURAL HOUSING READINESS ASSESSMENT GRANT GUIDELINES 5 6 — BUDGET: 5 points possible 5 3 1 Project budget and intended use of Project budget and intended use of Project budget and intended use funds are clear and appropriate. requested funds are identified and of requested funds are unclear or adequate. inadequate. 7 — BUDGET LOCAL SUPPORT: 5 points possible 5 3 1 Majority of the applicant match is More than half of the applicant Less than half of the applicant from local, including county and city match is from local, including match is from local, including government, or private sources. county and city government, or county and city government, or private sources. private sources. 8 — SUPPORT MATERIAL: 5 points possible 5 3 1 Support material is highly relevant Support material relates to the Support material is not relevant to to the project, is of high quality and project and is of average quality. the project, is of poor quality or clearly supports the project’s need. does not support the project’s need. 9 — GRANTSMANSHIP AND CASE FOR SUPPORT: 5 points possible 5 3 1 The application is clear, concise and The application is clear. Case for Application is unclear or poorly well-composed. Case for support support is adequate. composed. Case for support is is exemplary and merits investment inadequate or does not merit state from the state. investment. CONTACT Potential applicants are encouraged to review all published materials and contact Sacha Wise, director of Empower Rural Iowa, at 515.348.6156 or sacha.wise@iowaeda.com with questions well in advance of the application deadline. JG06302025 Page 7 of 14 Agenda Item #1. RESOLUTION NO. 2025- A RESOLUTION AUTHORIZING THE CITY OF WEST BURLINGTON TO APPLY FOR A RURAL HOUSING READINESS ASSESSMENT GRANT AND TO SUPPORT THE GRANT WITH A $10,000 MATCH UTILIZING LMI FUNDING WHEREAS, the City of West Burlington recognizes the importance of planning for future housing needs and desires to support efforts that promote sustainable and inclusive housing development; and WHEREAS, the Iowa Economic Development Authority (IEDA) offers the Rural Housing Readiness Assessment (RHRA) Grant to assist communities in evaluating and planning for housing opportunities; and WHEREAS, the City of West Burlington is eligible to apply for the RHRA Grant and seeks to participate in the program to enhance its housing strategy and readiness; and WHEREAS, the City of West Burlington agrees to provide a local match in the amount of $10,000 to support the grant, which will be funded through Low-to-Moderate Income (LMI) resources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Burlington, Iowa: 1. That the City Administrator is hereby authorized to submit an application to the Iowa Economic Development Authority for the Rural Housing Readiness Assessment Grant. 2. That the City of West Burlington commits to providing a $10,000 local match for the grant, to be funded through LMI resources. 3. That the City Council supports the goals of the RHRA program and will actively participate in the assessment and planning process if awarded the grant. PASSED AND APPROVED this 20th day August, 2025. Mayor Pro-Tem ATTEST: Kelly Fry, City Clerk Page 8 of 14 Agenda Item #2. ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST BURLINGTON, IOWA, BY ADDING A NEW SECTION TITLED NOISE CONTROL BE IT ENACTED by the City Council of the City of West Burlington, Iowa: SECTION 1. NEW SECTION. The Code of Ordinances of the City of West Burlington, Iowa, is amended by adding a new Section 31.07, entitled NOISE CONTROL, which is hereby adopted to read as follows: 31.07 NOISE CONTROL. 1. PURPOSE AND SCOPE. The purpose of this chapter is to establish standards for the control of noise pollution in the City, thereby protecting the public’s health, safety, and general welfare. This chapter applies to the control of all noise originating within the limits of the City, except in the following cases: A. A State or federal agency has adopted a different standard or rule than prescribed within this chapter, which preempts the regulation of noise from a particular source so as to render this chapter inapplicable; or B. The Council has determined that, by reason of public acceptance of the activity producing a particular noise or noises, such noise is deemed acceptable to the residents of the City. 2. DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms have the following meanings. Definitions of technical terms used in this chapter and which are not herein defined shall be obtained from publications of acoustical terminology issued by the American National Standards Institute (ANSI). “Application” means the application submitted to the City requesting a noise permit. “Emergency” means any occurrence of sets of circumstances involving actual or imminent physical or psychological trauma or property damage and which demands immediate action. “Emergency work” means any work performed for the purpose of alleviating or resolving an emergency. “Grain elevator” means the grain elevator existing in the City on January 1, 2006. “Motor vehicle” means any motor-powered vehicle designed to carry at least one passenger or driver and of the type typically licensed for use on the public highways. “Motor vehicle” includes most motorcycles. “Motorcycle” means any two- or three-wheeled motor vehicle. “Noise” means any sound that disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Page 9 of 14 Agenda Item #2. “Noise disturbance” means those sounds defined as sounds not allowed in Section 31.07.04 of this chapter. “Person,” unless used in such a manner as to denote only a human being, means any firm, partnership, domestic or foreign corporation, association, joint stock company, trust or other association or entity, city, county or state government and subdivisions or agencies thereof; and the federal government and subdivisions and agencies thereof. “Powered model vehicle” means any self-propelled, airborne, waterborne, or land borne model plane, vessel, drone, or vehicle that is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket. “Public right-of-way” means the traveled portion of any street or alley or similar place which is owned or controlled by the City or other governmental entity. “Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property division. “Recreational vehicle” means any motor-powered vehicle designed to carry at least one passenger or driver and equipped for use in racing or other recreational events or uses off of public right-of-way on public or private property; except, however, for the purposes of this chapter, any such vehicle that is licensed for use on the public highways is deemed a motor vehicle (or motorcycle if two- or three-wheeled) and not a recreational vehicle. Examples of recreational vehicles are: snowmobiles, minibikes, stock cars and motorboats. “Residential property” means any property on which is located a building or structure used wholly or partially for living or sleeping purposes. “Semi-tractor” means any vehicle weighing in excess of one and one-half tons having the capability of towing a semitrailer. “Sound” means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. “Sound equipment” means any radio, record player, tape deck, or compact disc player, loudspeaker, amplifier, sound track, or other device for producing, reproducing, or amplifying sound; however, sound equipment does not include sirens and other equipment used to alert persons to the existence of an emergency; equipment used by law enforcement and other public safety officials in the performance of their official duties; church carillons, bells or chimes; mobile radio or telephone signaling devices; public announcement systems used by the City or at the school district in conjunction with sporting events; or automobile and truck radios or players of recorded music such as compact discs or tapes or other such standard equipment used and intended for the use and enjoyment of the occupants of the vehicle, provided that the sound emitted from the vehicle does not exceed 75 dB(A) when measured at a distance of 25 feet. “Sound level meter” means an instrument, including a microphone, amplifier, output meter, and weighting networks, which is sensitive to pressure fluctuations. The output meter reads sound Page 10 of 14 Agenda Item #2. pressure levels in decibels when properly calibrated and the instrument is of Type 2 or better as specified in American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters (S1.4-1971), and Preferred Center Frequencies for Acoustical Measurements (S1.6-1960), or any subsequent nationally adopted standard superseding such standards. A “weighted sound level” or “sound level” means the sound pressure level in decibels as measured on a sound level meter using the “A” weighting network. The level so read shall be designated as dB(A) or dBA. “Decibel” means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound and is denoted as dB. 3. NOISE DISTURBANCE PROHIBITED. It is unlawful for any person to willfully make, continue, cause, or allow any noise disturbance, as listed in Section 4 of this Section, within the City. 4. SOUNDS NOT ALLOWED. A noise disturbance is any of the following sounds: A. Alarm Testing. The sound emitted by the intentional sounding outdoors of any privately owned fire alarm, burglar alarm, siren, whistle, or similar stationary emergency signaling device for the essential testing of such device, when conducted between the hours of 5:00 p.m. and 8:00 a.m. B. Automobile Radios. The sound emitted by an automobile or truck radio, tape deck, or compact disc player, or other such standard equipment used and intended for the use and enjoyment of such vehicle’s occupants while such vehicle is on the public right-of-way, if the sound emitted from the vehicle exceeds 75 dB(A) when measured at a distance of 25 feet. C. Chain Saws. The sound emitted by motor powered tree trimming equipment operated between the hours of 10:00 p.m. and 7:00 a.m. D. Construction Noise. The sound made by privately owned and operated tools or equipment in the erection, demolition, excavation, drilling, or other such construction work between the hours of 10:00 p.m. and 7:00 a.m. when received at the real property boundary of residential property. E. Engine Brake Noise. The sound made by an engine brake device of a diesel engine truck. F. Engine Repairs and Testing. The sound made by repairing, rebuilding, modifying, or testing a motor vehicle or recreational vehicle when received between the hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential property. G. Injurious or Disturbing Sounds Generally. Any sound that endangers or injures the health, safety, or welfare of a human being, disturbs a reasonable human being of normal sensitivities, or causes or tends to cause an adverse physiological or physical effect on human beings, or devalues or injures property. H. Lawn and Garden Equipment. The sound emitted by motor powered, muffler-equipped lawn and garden equipment operated between the hours of 10:00 p.m. and 7:00 a.m. I. Loading and Unloading. The sound made by outdoor loading, unloading, opening, closing, or handling of boxes, crates, containers, building materials, trash cans, containers, receptacles, and/or dumpsters when the sound is received between the hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential property. Page 11 of 14 Agenda Item #2. J. Musical Instruments. The sound made by a drum, horn, reed, and/or string instrument, or other musical instrument or device when the sound is received between the hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential property. K. Noisy Exhaust System. The sound made by a motor vehicle or a recreational vehicle whose exhaust system is defective or has been modified by the installation of a muffler cutout or bypass. L. Off-Road Motorcycle and Recreational Vehicle Noise. The sound made on private or City- owned property other than a public right-of-way by a motorcycle or recreational vehicle when received between the hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential property; provided, however, the sound made by a motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress and egress for purposeful transportation is not a noise disturbance unless made so by some provision of this chapter. M. Powered Model Vehicles. The sound made by the operation of a powered model vehicle when received between the hours of 10:00 p.m. and 7:00 a.m. at the real property boundary of residential property. N. Racing. The sound made by a motor vehicle or recreational vehicle on private property or public right-of-way during any racing event or time trial, whether organized or unorganized. O. Screeching Tires. The sound made by the intentional screeching or squealing of the tires of a motor vehicle. P. Selling By Hawking or Barking. The sound of selling by shout or outcry when made within the area of the City zoned residential or commercial. Q. Sound Equipment. The sound made by sound equipment operated upon the public right-of- way, in any building, or upon any public or private premises shall be classified as a noise disturbance if: (i) the sound is in excess of the maximum permitted levels shown in the chart below when measured at the property boundary (or anywhere within the property) of a receiving land use, or if in a park, approximately 200 feet from the source of the sound, or when a complaint is received, at the nearest boundary of the property where the complaining party was disturbed; or (ii) the sound is of a nature that cannot accurately be measured by a sound level meter, and such sound is disturbing to a reasonable human being of normal sensitivities. MAXIMUM PERMITTED LEVELS Receiving Land Use Maximum Db Permitted Residential 70 between 7:00 a.m. and 10:00 p.m. 60 between 10:00 p.m. and 7:00 a.m. Commercial 70 Industrial 75 Park 70 Any person who operates any sound equipment in violation of the maximum permitted levels listed above shall be subject to have the event stopped or the sound equipment Page 12 of 14 Agenda Item #2. turned off or reduced to a legal level. Such remedy shall be in addition to any other rights and remedies of the City. R. Semi-Tractor Noise. The sound made on private or City-owned property by a semi-tractor and received at the real property boundary of residential property; provided, however, the sound made by a semi-tractor pulling a semitrailer when traveling to private property for the sole legitimate purpose of immediate delivery or picking up of goods so constituted to require transport by a semi-tractor trailer between the hours of 7:00 a.m. and 10:00 p.m., provided the driver possesses a legitimate bill of lading, is not a noise disturbance. In addition, the lawful operation of a semi-tractor in motion past a residential property, subject to the laws governing operation of a motor vehicle, for the present purpose of travel or transport is not a noise disturbance, provided the semi-tractor does not park or stop at residential property and the driver/operator continuously stays in the driver’s seat of the vehicle. 5. MEASUREMENT OF NOISE OR SOUND. The measurement of noise or sound shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute. The instruments shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone shall be positioned so as not to create an unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. The measurement shall be an “A” weighted, slow response sound level. 6. EXCEPTIONS. The provisions of this chapter do not apply to: A. Musical Instruments; Fireworks. The emission of sound, including (but not limited to) sounds originating from musical instruments, sound equipment, or fireworks display, incidental to any City-sanctioned and/or sponsored event. B. Agricultural Equipment and Machinery. The emission of sound originating from agricultural equipment and machinery directly associated with agricultural operations, with the exception of mowers, on any parcel of land that is zoned A-1 (Agricultural District). C. Alerting Persons of Emergency. The emission of sound for the purpose of alerting persons to the existence of an emergency. D. Emergency Work by Governmental Agencies. The emission of sound in the performance of emergency work by City, State or federal agencies or utilities operating under a franchise agreement with the City. E. Rail and Air Transportation. Rail and air transportation and public mass transportation vehicles. F. Discharge of Weapons; Fireworks Displays. The emission of sound in the legal discharge of weapons or in fireworks displays licensed by the City. G. The emission of sound in the operation of snow removal equipment. Page 13 of 14 Agenda Item #2. H. Concrete Cutting During Construction or Paving. The emission of sound for the purpose of concrete cutting during the construction of paving, flatwork, sidewalks, driveways, and roadways. I. School Events. The emission of sound by participants in events sanctioned by the School District, including (but not limited to) school band activities and sporting events. J. The emission of sound from the operation of electrical generation equipment on governmental, commercial, and industrial properties during periods of an electrical utility outage. K. The emission of sound in connection with the repair and/or testing of electrical generation equipment permanently situated on governmental, commercial, and industrial property interests for operation in the event of an electrical power failure. SECTION 2. REPEALER. All ordinances or parts of 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 as provided by law. Passed by the Council the ___ day of _______________, 20___, and approved this ___ day of ________________, 20___. ____________________________________________ Ron Teater, Mayor ATTEST: Kelly D. Fry, City Clerk Page 14 of 14