HomeMy WebLinkAbout1977-09-06 CorrespondenceLadies and gentlemen of the council ---
I would like to introduce myself to you; my name is Ethan Fox and
I am in 10th grade at West High School. toy friends and myself have
discussed some of your ideas on the skateboarding rules and regulations
being proposed for the city of Iowa City.
What I would like to do this evening is to talk with you for a few
moments about the virtues of skateboarding as a valuable sport and
means of entertainment. Skateboarding requires no money after the
intial investment , it is something one may do alone, it is fun also
to do in large groups-- it is a sport in which one may compete with
oneself and mostly it is a form of entertainment which hurts noone
except the careless and reckless skateboarder. ';What vie are discussing
here is not the careless and reckeless, but those people who enjoy this
as a sport.
I would like to propose that we net up a board of proper advisors,
being atheletes involved in sinilar sports. This board could regulate
things such as where we skate, tests for skating proficiency and
possibly set up city-wide skateboard clubs. But until this can be
accomplished, we are asking tonight for the bpi ` consider giving
us a temporary location to skate, agreed upon by skaters and the council.
as a safe place to skate that neebs our standards and is competenet dnd
challenges our abilities as skaters. Because if fun is outlawed in Iowa.
City, innocent kids, not criminals, will be teeated like outlaws and get
in trouble.
In closing, I wish to state that with cooperation and organization, this
could be worked out beautifully for all concerned. Skateboarding is a
widely growing sport . If you make it illegal to skate everywhere we go,
then we may soon become outlaws.
Thank you very much.
•city of Iowa CA
DATE: September 8, 1977
TO; Parks 8 Recreation Commission
Chairman Flo Stockman
FROM: Iowa City City Council
RE: Referral
At their regular meeting on September 6, 1977, Ethan Fox,
320 River St., presented a statement concerning rules for
skateboarding and requested designation of a place for
skating. It was moved by deProsse and seconded by Perret to
refer the letter, & related problems with the Ordinance to
the Parks and Recreation Commission for recommendation.
Motion carried unanimously.
Attached are the letter and copies of two ordinances con-
cerning the issue.
350
I
Dr. Paul Long
1817 Kathlin Drive
Iowa City, Iowa
0
U
FIRST CHRISTIAN CHURi
217 IOWA AVE. BOX 887 IOWA CITY. IOWA 52240 PHONE 337•
MINISTER:
ROBERT L. WELSH
ALL BELIEVERS IN CHRIST
The City Council
Civic Center
Iowa City, IA 52240
Dear Council Members:
A&
September 5, 1977
The concept of a combined Senior Citizen Center and Elderly
Housing on the Old Post Office site is too important to be de-
pendent upon the 202 application of our congregation being
approved.
The basic decision concerning the validity of this concept needs
to be made by the citizens of this community, more specifically
by you, the members of the Iowa City City Council.
We, therefore, recommend that you buy the Old Post Office so that
its use for and by the elderly of this community can be assured.
In turn, we promise you that we will work with you to develop
this site for elderly housing and a Senior Citizen Center.
Sincerely,
pc�P.�
Paul Long
JPL:rew y
3585.1
1
0
To Mayor Neuhauser and the Iowa City City Council:
L]
We, the undersigned, respectively request that the city install sidewalks on
Davenport Street from one-half block east of Reno Street east to the existing
sidewalks; on Pleasant Street between Davenport Street and Cedar Street; and
on Cedar Street from Pleasant Street east to the existing sidewalks, in order
to make it safe for children to walk to and from Horace Mann school. At the
present time the children must walk in the street, which is dangerous because
of blind intersections and hilly terrain.
Name
Address
Registered Voter?
Q, f , al��,
C
L."��LboM NG10N
L�Z o
lqe) g �<<u 'st
Ye s
"d D�All
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y� S
The University of loo
Iowa City, Iowa 52242
Office of the President
August 1, 1977
i
Mr. Frank Wagner
325 N. Dubuque
Iowa City, Iowa 52240
i
Dear Mr. Wagner:
Thank you for your letter of July 27 requesting a
commitment of parking space to regular occupants of the
Presbyterian Church. I am prepared to commit at least
10-15 parking spaces to the occupants of the Church within
a two to three block radius of the premises in accordance
�.
with the regular priority system now in force for all
University parking facilities.
This commitment will be subject to parking regula-
tions as amended from time to time including the regular
fees._ Application should be made through the office of
V.
our associate business manager, Mr. Michael Finnegan.
Sin re y,
and H, ennin
-
Vice President for
Finance and University
Services
i
0 0
HAYEK, HAYEK & HAYEK
WILL J. HAYEK ATTORNEYS AT LAW
JOHN W. HAYEK Ito EAST WASHINGTON STREET
C. PETER HAYEK IOWA CITY, IOWA 52240
C. JOSEPH HOLLAND August 29, 1977
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: Mount Prospect Addition - Part IV
Mayor and Council Members:
AREA CODE 319
337.9606
UIS
UT
AUG3 01977
ABBIE STOLFU_
CITY CLERK
At your informal meeting on August 2 you referred to me the
question of whether or not Part IV Mount Prospect Addition will be
required to comply with the City's storm water management ordinance.
As I have indicated to the Council earlier, I believe that that subdivision
is subject to the terms of the storm water management ordinance.
I have carefully reviewed the materials collected from City
records and minutes with respect to the history of this proposed sub-
division and with respect to the history of the storm water management
ordinance. The effective date of the ordinance was November 7, 1976.
You will recall that that date had been selected to permit certain sub-
divisions which were "in the works" to go through prior to the effective
date of the ordinance. This subdivision was not one of those subdivisions
mentioned in that discussion on October 25, 1976. Further, at that
meeting the staff made its position clear that any plat coming to the
Council for consideration after publication of the storm water ordinance
would be subject to the terms of that ordinance.
When the Council has a proposed preliminary plat before it for
approval, the Council must apply to that preliminary plat all laws and
regulations that exist at that time. For that .reason and for the reasons
discussed above I believe that the proposed subdivision is subject to the
terms of the ordinance.
Respectfully smit d,
oJohW. Hayek
JWH:vb
cc: Planning & Zoning Commission
Mr. Philip Leff
Mr. Richard Kratoska
I a�' • •
WILL J. HAYEK
JOHN W. HAYEK
C. PETER HAYEK
C. JOSEPH HOLLAND
HAYEK, HAYEK & HAYEK
ATTORNEYS AT LAW
110 EAST WASHINGTON STREET
IOWA CITY. IOWA 52240
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
August 23, 1977
AREA CODE 319
337.9606
ILS EU
AUG2 41977
tdBIE STOLFUS
CITY CLERK
Re: Leasing of Streets and Alleys for Commercial Purposes in Connection
with Urban Renewal
Mayor and Council Members:
Attached is a memorandum from Assistant City Attorney Tony
Kushnir concerning the above subject. It is the conclusion of the Legal
Department that the City does have the legal authority to lease portions
of College and Dubuque Streets in the urban renewal project area for
commercial purposes so long as such leasing is within reasonable limits
as discussed in the attached memorandum.
Respectlfully submit ed,
1..
Joh w. Hayek
JWH:vb:l
Enclosure
cc: Dennis Kraft
3599 -I
461ty of Iowa CHO
MEMORANDUM
DATE) August 22, 1977
TO: John Hayek, City Attorney'
E DoFROM: Tony Kushnir, Asst. City Attorney
AUG2 41917
RE: Street Uses
AF3BIE STOLFUS
CITY CLERK
FACTS
Pursuant to the urban renewal plan certain portions of College and
Dubuque Streets in downtown Iowa City will be confined to pedestrian use
alone.
ISSUES PRESENTED
Can the City lease portions within College and Dubuque Streets to
persons for commercial purposes?
CONCLUSIONS
There is no inherent right in private individuals to conduct private
business in City streets but a municipality under Homme Rule may permit
encroachment on a street within reasonable limits so as not to amount to
substantial interference with traffic and further that such encroachments
are not in conflict with the purposes for which said street is maintained.
DISCUSSION
The term "street" as defined in Chapter 384 of the Code of Iowa means
"a public street, highway, boulevard, avenue, alley, parkway, public place,
plaza, mall or publicly owned right-of-way or easemmant within the limits
of the city. This definition is in harmony with the usual designation of
the term "street" as a way over land set aside for public travel in a muni-
cipality, and implies that it is a way of a public character in nature and no
other.. The word street is generic and inclir:es all urban ways which can be,
and are, generally used for the ordinary purposes of travel even when such
travel is confined to pedestrians alone. (See McQuillin, Municipal Corpor-
ations Discussion on Streets, section 30.03.)
It is my understanding that the urban renewal project plan calls for
such a restriction (pedestrian use) with respect to certain portions of
College and Dubuque Streets in the downtown area. Further, it is my under-
standing that this portion or portions of the streets will include various
scenic features such as shade trees, flowers, seats and the like, so as to
promote pedestrian use of the way. In many respects this description of
said portions would be similar to a plaza, mall, boulevard or parkway which
are included within the term street as provided in Chapter 384 and in the
generic meaning of the term. (See McQuillin, supra, sections 30.04 through
.05, pages 624 through 629.) Such public ways as described above may include
certain common features of streets and parks such as being open to the public
use for ordinary purposes of travel but yet have features of ornamentation
and recreation. In fact, courts have upheld the establishment of such ways.
Municipalities under a law governing the widening of streets, can provide for
plazas (an open square in front of a railroad station) so as to allow for
modern traffic needs of a city. See St. Louis v. Center Commission Company,
336 Mo. 1209, 84 S.W.2d 133. As plazas share common features with a park,
rules governing uses of parks would apply. For example, park lands may be,
leased or licensed for private uses which do not substantially interfer with
use for park purposes or for uses which are consistent with and in the further-
ance of public use and enjoyment of the park. Park authorities ordinarily
are empowered to permit by lease, license or similar arrangement the estab-
lishrent within the confines of a park of places for furnishing food and
beverages, or other refreshments and to grant privileges and concessions for
conducting within the park those transactions which are customarily associated
with public use and enjoyment of parks and park properties. (See discussion
in McQuillin, supra, section 28.53 pertaining to parks and park lands.)
Presently, in Iowa there is a line of cases pertaining to private uses
in city streets that hold that a public street may not be used in any respect
for private purposes or in the furtherance of private concerns. (See Cavin
v. City of Waterloo, 21 N.W.2d 705 and cases cited therein. This case and
other cases cited by Cowin, however, can and should be distinguished. In the
first place, Cowin dealt with a newspaper stand located on a sidewalk on a
city street which was a "street" in all uses of the term in that it conducted
vehicular as well as pedestrian traffic. The court itself in Covin held that
"there are certain exceptions to this general statement, as where there are
temporary obstructions, or obstructions which the courts have considered as not
amounting to a substantial interference with traffic, and as permissible and
not in conflict with the purposes for which streets and highways are maintained."
In that instance the street was open to pedestrian as well as vehicular traffic
and was in all sense of the term a busy public thoroughfare. The court held
that in said instance the street should remain as such and should not be bur-
dened by such encumbrances.
Further, and perhaps more importantly, the Cowin case was a pre -Nome
Rule decision by the Supreme Court and the court specifically based its deci-
sion upon the old Dillon Rule: "Without considering what would be the effect
of an express statutory authority provision on the question, we are satisfied
that, in the absence of such a statute, the defendant city had no authority
to grant intervenor a license to operate his newsstand herein on the sidewalk."
21 N.W.2d 705, 709. Further, the Court quoted Dillon and cited that such was
the rule in Iowa that municipalities derived only that power which was given
to them by express statutory authority. The Court cited instances in which
by statute cities could issue licenses to obstructions in the streets such as
provisions which gave cities and towns power to license gasoline pumps in the
street; scales, hitching posts and until recently, taxicab stands were speci-
fically allowed by state law. The emergence of home rule, in effect, threw
out the statutory construction on powers of a municipality as espoused by the
Supreme Court in Cowin v. City of Waterloo. Pursuant to the Home Rule Amend-
ment of 1968 and Chapter 364 of the Code of Iowa, a city my except as expressly
• -3 •
limited by the constitution and if not inconsistent with the laws of the
General Assembly exercise any paver and perform any function it deems appro-
priate to perserve and improve the peace, safety, health, welfare, confort and
convenience of its residents. with respect to streets or public places,
section 364.12 holds that a city is responsible for the care, supervision
and control of public grounds, streets, sidewalks, and the like, and to keep
all public ways, squares and ccmmns open, in repair and free from nuisance.
What is a nuisance? The Court in Coain.v. City of Waterloo held that a news-
stand was a nuisance as it had no authority for its presence, i.e., a munici-
pality had no authority to license the use of the street in such a manner.
Thus, the Court reiterated the general proposition that where the law directs
or authorizes a particular thing to be done, the doing thereof cannot be
complained of as a nuisance, although apart from such authority it may indeed
be a nuisance. (See McQuillin, Effect of Municipal Permits, section 30.51.)
Thus, a municipality has a duty under the provisions of section 364 to keep
the public ways free from any encumbrances or obstructions of city streets
which are there without its permission.
WILL J. HAYEK
JOHN W. HAYEK
C. PETER HAYEK
C. JOSEPH HOLLAND
0
HAYEK, HAYEK a HAYEK
ATTORNEYS AT LAW
110 EAST WASHINGTON STREET
IOWA CITY. IOWA 52240
The Honorable Mayor and
City Council of Iowa City
Civic Cenfer
Iowa City, Iowa 52240
-August 31, 1977
Re: Cutoff Date for General Obligation Bond Issue Election
Mayor and Council Members:
AREA CODE 319
337-9606
I have been advised by the County Auditor's office that the cutoff
date for the November 8, 1977, election is September 29, 1977. That
means that if we want to have a bond issue question placed on the
November 8th ballot we need to advise the County Commissioner of
Elections (the Auditor) to this effect by September 29, 1977.
Respectfully su mitted,
,–V— lc��
Joh W, Hayek
JWH:vb: l
cc: Mr. Tom Slockett
. Mr. J. Patrick White
AUG3 119777 DD
ABBIE STOLFUS
CITY CLERIC
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1 Iowa City, Iowa
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ASG1E STOLFUS
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�• • CIVIC CENTER IOWACIIBE.WABI 522Q NBi.
IOWA II -t 933N0
I]191 ]SF.I B00
t� UU September 12, 1977
WYOR
MARY NEUNAUBER
COUNCILMEMBEHB
JOHN BAWER
WOL• OWE
L,.FO.ETER
OAVIORENRET
IM%EEUER
ROBERT VEVERA
Mr. Jerry Cilek
1926 Hafor Drive
Iowa City, Iowa 52240
Dear Mr. Cilek:
At its regular meeting of September 6, 1977, the City Council received and
placed on file your letter regarding the sodding of City land joining your
property. Your comments are certainly appreciated, and your letter will be
forwarded to the staff members who accomplished this work.
If I can ever be of assistance to you, please do not hesitate to call.
Sin ere.ly yours,
Neal G. Berlin
City Manager
is
cc: City Clerk
Director of Parks and Recreation
City Forester
3600 ; 1
August 29, 1977
Mr. Neal Berlin, City Manager
City Council, City of Iowa City
City Hall
410 E. Washington
Iowa City, Iowa 52240
Dear Mr. Berlin and Members of the City Council:
I want to compliment the City of Iowa City and the Downtown Association
for sponsoring the Old Capitol Criterium which was held on Sunday,
August 28th. My family and I thoroughly enjoyed the bicycle races and
appreciate the efforts administration and citizens of Iowa City.
We hope that this becomes an annual event and that you make every
effort to cooperate with the organizers of this event.
Very t my yours,
R SS .RAN A
RSR/ab
cc: Chamber of Commerce, Iowa City
360
*n-IVED
AUG 3 0 1971
LAW OFFICES
ZELLHOEFER
&
RANDALL
RICHARD O.ZELLHOEPER
ORO BROCKWAY ROAD
TELEPIIONE 23E-0507
R09R R.RANDALL
P. O. ROE 1170
AREA CODE 010
LARRY L.ANYINRON
WATERLOO, IOWA
80704
August 29, 1977
Mr. Neal Berlin, City Manager
City Council, City of Iowa City
City Hall
410 E. Washington
Iowa City, Iowa 52240
Dear Mr. Berlin and Members of the City Council:
I want to compliment the City of Iowa City and the Downtown Association
for sponsoring the Old Capitol Criterium which was held on Sunday,
August 28th. My family and I thoroughly enjoyed the bicycle races and
appreciate the efforts administration and citizens of Iowa City.
We hope that this becomes an annual event and that you make every
effort to cooperate with the organizers of this event.
Very t my yours,
R SS .RAN A
RSR/ab
cc: Chamber of Commerce, Iowa City
360
0
0
• CIVIC CEN TE1141O E.WASIIINGTON ST.
/7^ ////y. Kr7
IOWA 191 IOWA S}}EO!�E//WE/E///5V/EA// I]181 ]5L19w
1 September 12, 1977
MAYOR
MARY NEUH4USER
COUNCIL MEMBERS
JOHNBALMER
CAROLIWROSSE
1-P.IOSTER
DAVID PERRET
MAIISELEEII
ROBERTVEVERA
Mr. Ross S. Randall
Attorney at Law
3112 Brockway Road
P. 0. Box 1173
Waterloo, Iowa 50704
Dear Mr. Randall:
At its regular meeting of September 6, 1977, the City Council received and
placed on file your letter regarding the Old Capitol Criterium. We are
delighted that you and your family enjoyed this event and hope you will visit
Iowa City often. The City too hopes that the Old Capitol Criterium will
become an annual event.
Thank you for taking time to express your comments.
Sinc(1/yours,
alVMln
City Manager
is
cc: City Clerk
David B. Johnson
301 Hawkeye Court
Iowa City, Iowa 52240
orm 662 low ATE HIGHWAY COMMISSION
j�
11-qs Application for use of
Highway Right of Way for
Utilities Accommodation
- (Name of Owner)
1-80 S North Dodge Street Iowa City
(Address)
State Highway Commisslob
,Iowa
(City)
COY
Permit No.
Johnson
Iowa 52240
(Zip cone)
Approval is hereby requested for the use of Primacy Highway r i In Sec.
(Number)
79 N R 6 W Johnson County miles,
from, Iowa City. Iowa
(Place, Town, Etc.)
Highway Statieu(s) No.
e for the transmission ot—
B Installalion.shall consist of
ne
for the accommodation of an 4" Plastic P cessurp 1 1 ne
will be located as shown on the detailed vial attached hereto.
AGREEMENTS': The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee)
agrees that the following stipulations shall govern under this permit.
L'The location, construction and maintenance of the utility installation covered by this application shall be in accordance wlfh the current
Iowa State Highway Commission Utility Accommodation Policy.
2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regula-
lions and directives or the Iowa Slate Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regula-
tions of the lowi Slate Highway Commission, and anv other laws or regulations applicable.
9, The Permittee shall be fully responsible for any future adjustments of Its facilities within the established highway right of way caused
by highway construction or maintenance operations.
6.'. The Iowa Slate Highway Commission shall give the Permittee at least 46 hours written notice of any proposed construction or maintenance
cork, on either existing or newly acquired right-ofvay, that is likely to conflict with the Installation belonging to the Permittee, In order that
the Permittee may arrange to protect its facilities.
5. The State of Iowa and the Iowa State Highway Commission assume no responsibility for damages to the Permlttee's property occasioned by
any construction or maintenance operations on said highway.
6. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard
:he lives and property of the traveling public and adjacent property owners.
7. The Permittee agrees to give the slate Highway Commission forty-eight hours' notice of its intention to start construction no the highway
rlgbt-ef-way. Said notice shall be made in writing to the Engineer whose name Is shown below.
8. The Permittee agrees to at all times give the Iowa Stale Highway Commission timely notice of Intention to perform routine maintenance
within the right -or -way. Said notice shall he to the Engineer whose name Is shown below.
9. The Permittee, and Its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety
of the public. Traffic protection shall be In accordance with Part vi of the current Iowa State lilghway Commission Manual on Uniform
Traffic Controls.
Highway Commission personnel may supervise flagging operations where considered necessary by the Engineer. The original place-
meat of signs and removal on completion of the work shall be accomplished by the (Pelmltlee) (lifQb�Cag7QpAual±likw#.
(cross out one) 3/ / //
0. 'Operations In the construction and maintenance of said utility Installation shall be ca.ried on In such a manner as to cause a For
Interference to or distraction of traffic on said orgy.
1. The Permittee shall be responsible for any damage that may result to said highway because of The construction operation, or "Im"a
I said utility, and shall reimburse the Slate of Iowa or the Iowa State Highway Commission for any expenditure that the State of Iowa or tha
wa State Highway Commission may have to make on said highway because of said Permittee's utility having been constructed, operated,
nd maintained thereon.
2. The Permittee shall indemnify and save harmless the State of Iowa and the Iowa State Highway Commission from any and all causes of
ction, suits at law or In equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for,
n account of, or due to the acts or omissions of said Permillee's officers, members, agents, representatives, contractors, employees or
ssigns arising out of or In connection with Its (or their) use or occupancy of the public highway under this permit.
3. Non-compllance with any of the terms of the Highway Commission policy, permit, or agreement, may be considered cause for shut -down
f operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost Of any work caused
be performed by the State in removal of non -complying construction will be assessed against the Permittee.
4. A copy of the approved permit shall be available on the job site at all times for examination by Highway officials.
The following special requirements will apply to this
i
;ANT: .
President
_
F—.l reroor8t12R, ' 1 tie. BySt nature Title
Name of Owner g
1-80 E North Dodge Street Iowa U tY. Iowa Date August 31 1977
Address
,1PPROVAL OF CITY OR TOWN
7f proposed line is within an incorporated town or city, the Council of said town or city must grant approval for installation.)
"The undersigned city or town joins in the grants embodied in the above permit executed by the Iowa State Highway
ommission on condition that all of the covenants and undertakings therein running to the Iowa Stale Highway Commission
;hall Inst/re o lh /bbripefit of the undersigned city or town. The permit Is approved by the below delegated
city or town official."
f��i'�,.r �fy,..%r _ 1Ji✓ /� �/n �r� Date
BY THE STATE FOR PRIMARY HIGHWAYS
Dale
Resident Maintenance £nglneer
APPROVAL BY THE STATE FOR BRIDGE ATTACIBIENTS AND INTERSTATE HIGHWAYS
;commended Date
Resident Maintenance Engineer
District Maintenance Engineer - Data
Ansislaut 4aintenince Engineer Date
ce of Intention to start construction on the highway.righbof-way shall be sent to:
Engineer Address
Ice of intention to start maintenance on the highway right-of-way, shall be sent to:
a c,cYuvu.,
Address Telephone
Engineer
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Shive-Haffery & Associafes
Consulfing Engineers
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NOTICE OF PUBLIC HEARING •
Notice is hereby given that the City of Iowa City
proposes to rezone from Co.CH to City CH thr.
following described property to -wit:
Beginning at the NE corner of Sec. 20, T79N,
R6W of the 5th P.M.; thence S 00 00' 00" E,
264.09 feet to a point on the North right -of
way line of U.S. Highway N1; thence S 350 20'
00" W on said right-of-way line 37.95 feet;
thence 5 890 52' 00" W, 378.05 feet; thence
N 00 00' 00" E, 295.00 feet to a point on the
North line of said Section 20; thence N 890
52' 00" E on said section line 400.00 feet
to the point of beginning. Said tract con-
taining 2.70 acres. (a 2.7 -acre tract of land
located west of Hwy. 1 8 Dane's Dairy and
contiguous to south City limits)
as requested by Barker Development Company.
Notice is further given that pursuant to Sec. 414.4
of the 1977 Code of Iowa, a hearing by the City
Council of Iowa City, IA, on the said proposed re-
zoning will be held at the Council Chambers in the
City Ball of Iowa City, Iowa, at 7:30 P.M. on
September 6th , 1977, and any person having objec-
tions at said hearing.
Dated at Iowa City, IA, this 19th of Nig., 1977.
8/19/77 ABBIE STOLFUS, CITY CLERK
■
3619 ;..'