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HomeMy WebLinkAbout1978-03-14 OrdinanceMiu<UIILM LU BY JURM MICROLAb LLUAI< kAI i,)J iUlll JL, i% ORDINANCE NO. 78-2886 AN ORDINANCE AMENDING A PORTION OF THE SUBDIVISION CODE, ORDINANCE NO. 2567 (SECTION 9.50.4D(4)(h)(4) OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA) BY ALLOWING NON-PROFIT ORGANIZATIONS WHO SUBDIVIDE PROPERTY FOR THE PURPOSE OF ENCOURAGING ECONOMIC DEVELOPMENT TO PETITION THE CITY COUNCIL THAT THE IMPROVEMENTS REQUIRED TO BE INSTALLED BY THE SUB- DIVISION CODE BE CONSTRUCTED BY THE CITY PURSUANT TO A SPECIAL ASSESSMENT PROGRAM. SECTION I. PURPOSE. The purpose of this ordinance is to provide for the health, safety and general welfare of the citizens of the City of Iowa City, Iowa by en- couraging development in Iowa City by allowing for the construction of improvements called for in the subdivision code in certain instances by special as- sessment rather than by requiring their installation by the developer. This method can only be requested by non-profit organizations which subdivide property for the purpose of encouraging economic development of said tract. SECTION II. AMENDMENT. Section 9.50.4(D)(4)(h) of Ordinance No. 2567 Section 9.50.4D(4)(h)(4) of the Municipal Code shall now read as follows: (4) the above alternatives shall be exclusive and no subdivision shall be approved unless one of the fore- going alternatives has been approved and no subdi- vision shall be approved in which the Developer pro- poses to request that the City of Iowa City, Iowa construct said improvement, pursuant to a Special As- sessment Program, except for the provisions of 9.50.4D(g) as to streets abutting the subdivision which may be done by assessment method. However, this provision shall not apply to any not-for-profit corporation or association which subdivides a tract of land for the purpose of encouraging economic de- velopment of the tract. In such instances, upon petition of Developer and upon approval of the De- veloper's plans for development of said tract by the City Council, any improvements required by this Chap- ter may be constructed by the City pursuant to a special assessment program. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be in- valid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not ad- judged invalid or unconstitutional. Id1CN01 ILI41.Il BY 1 JORM MICR6LA13 nCC Ido "ICS 16-oa W;Li<Ui-iLh1i:U BY JURM I.IICRULAb • LLUAR RAVtJ'� ANU �L., '•:,:� Ord. #78-2886 SECTION IV. EFFECTIVE DATE. e This Ordinance shall be Page 2 in effect after its final assa pub- lication as required by law. 9 approval and Passed and approved this 14th day of March, 1978. MAYOR ATTEST: CITY CLER Revived E Approvad BY The�R. l p enf It was moved by Neuhauser and seconded by Balmer that the Ordinance as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER x dePROSSE X ERDAHL x NEUHAUSER x PERRET x ROBERTS X VEVERA First consideration 2/28/78 Vote for Passage: yes: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts. Nays: none. Second consideration 3/1/78 Vote for Passage: yes: Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: none Date of Publication I i idICROEILMED By JORM MICR#LA9 N,W' • eft MINIS