HomeMy WebLinkAbout1979-06-19 Ordinancei ORDINANCE NO.
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SECTION II. AMENDMENT
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A. (8.10.3A)
2a. AISLE. An asphalt, concrete or similar permanent 4
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dust -free surface which is connected directly to a parking E
space(s) and designed to permit ingress. or egress of a
vehicle to or from the parking space. (In no case can an
aisle be a drive - see definition for "drive".)
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i 22a. DRIVE, DRIVEWAY. An asphalt, concrete or similar permanent
dust -free surface designed to provide vehicular access to a
parking area which is composed of more than four (4) parking j
spaces and an aisle(s) and which shall be at least 10 feet
wide. (In no case can a drive be an aisle - see definition
for "aisle".)
51a. LOT LINE, FRONT. The lot line separating the lot from the
street. In the case of a corner lot, the shortest street
dimension shall be considered the front lot line except that
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if the street dimensions are within the ratio of from 3:2 to
3:3, then the front lot line may be along either street.
51b. LOT LINE, REAR. The lot line opposite and most distant from
the front lot line. In the case of an irregular or
triangular-shaped lot, it shall be an imaginary line
parallel to and farthest from the front lot line, not less
than 10 feet long and within the lot.
60. PARKING SPACE. An asphalt, concrete or similar permanent
dust -free surface intended for off-street vehicular parking
and which shall be at least nine (9) feet wide and 20 feet
long (except as otherwise provided). Parking spaces shall be
designed to permit ingress and egress of the vehicle without
moving any other vehicle parked adjacent to the parking
space. (In all cases a parking space shall be connected to
an aisle.) For single family and two-family dwellings, when
located pursuant to the requirements of this Chapter, one
space may be behind another.
72a. TREE. A live self-supporting perennial woody. plant with a
single or multiple self-supporting trunk(s) (the size of a
tree to be planted at initial installation is indicated in
"The List of Recommended Trees for Iowa City.")
72b. TREE ISLAND. An unpaved pervious area intended for the
placement of a tree.
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B. (8.10.40.4) GENERAL APPLICABILITY. No building permit or
certificate of occupancy shall be issued for the construction,
reconstruction or structural alteration of a building on a lot
without conformity with the provisions of this section. However,
individual lots occupied by single family dwellings shall be
exempt from the requirements of this section. The distances
required herein for the location of a tree shall mean the distance
to the center of the tree and where fractional numbers of trees
result, the number of trees required shall be rounded to the
closest whole numbers. The varieties and sizes at initial
installation of trees permitted by this ordinance for the use
indicated, are specified in the "List of Recommended Trees for
Iowa City" attached as a supplement to this section. Evergreen
trees used for screening purposes in accordance with the
provisions of Section 8.10.18.A SCREENING, may be used to satisfy
the requirements of this section provided they are of a variety
suitable for screening purposes, as listed in the attached
supplement, and are. allowed to grow to their mature height.
C. (8.10.40.6) SITE PLAN. When provisions of this section are
applicable, a site ("plot") plan shall be submitted with the
request for a building permit and shall, in addition to the
information normally required, include:
(A) the size and location of existing and proposed driveways and
parking areas on the lot and public streets and alleys
abutting the lot;
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(B) the size and location of required tree islands; and
(C) the mature height (small or large), location and type
(evergreen or deciduous) of existing and proposed tree
plantings.
D. (8.10.40.7)
TREES ADJACENT TO AND WITHIN STREET RIGHTS-OF-WAY. The follow-
ing provisions shall regulate the planting of trees adjacent to
and within street rights-of-way.
(A) Applicability
(1) Whenever there is a change in an existing use, the
requirements of this subsection shall be applicable to
the entire lot or separate tract.
(2) Whenever a building is constructed, reconstructed or
structurally altered by one or more additions the sum
total of which increases the floor area by more than 10
percent, the requirements of this subsection shall be
applicable to the entire lot or separate tract.
(3) If any provision of this section would preclude the
planting of one or more trees adjacent to the right-of-
way or if any tree would be located within eight (8)
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(B) the size and location of required tree islands; and
(C) the mature height (small or large), location and type
(evergreen or deciduous) of existing and proposed tree
plantings.
D. (8.10.40.7)
TREES ADJACENT TO AND WITHIN STREET RIGHTS-OF-WAY. The follow-
ing provisions shall regulate the planting of trees adjacent to
and within street rights-of-way.
(A) Applicability
(1) Whenever there is a change in an existing use, the
requirements of this subsection shall be applicable to
the entire lot or separate tract.
(2) Whenever a building is constructed, reconstructed or
structurally altered by one or more additions the sum
total of which increases the floor area by more than 10
percent, the requirements of this subsection shall be
applicable to the entire lot or separate tract.
(3) If any provision of this section would preclude the
planting of one or more trees adjacent to the right-of-
way or if any tree would be located within eight (8)
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feet of a building, the trees unable to be planted
adjacent to the right-of-way shall be planted within
the right-of-way according to the provisions of
paragraph (C). However, trees excluded by the
provisions of paragraph (C) may be omitted.
(B) Required Tree Planting Adjacent to Street Rights -of -Way.
Trees shall be planted adjacent to street rights-of-way and
'meet the following conditions:
(1) The species to be planted shall be listed in the "List
of Recommended Trees for Iowa City" as street trees or
Permitted by the City Forester.
(2) Trees shall be planted at a minimum ratio of one (1)
tree for every 30 feet of lot frontage, or in the case
of a corner lot, one (1) tree for every 60 feet of lot
frontage.
(3) Trees shall be planted adjacent to street rights-of-way
within eight (8) feet of the right-of-way line.
(4) Trees shall be spaced no closer than 16 feet apart,
except along streets where screening is appropriate or
required. In the latter case, trees shall be planted in
accordance with the provisions of section 8.10.18.A,
SCREENING.
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(5) Trees shall he located within tree islands and
separated from parking areas pursuant to the re-
quirements of paragraph A.10.40.8(C), Required Tree
Planting for Parking Areas.
(6) Trees shall not be located within four (4) feet of a
public sidewalk nor within three (3) feet of a
right-of-way line where a public sidewalk does not
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(7) Trees shall not be located within a triangular area at
street intersections, two (2) of its sides 30 feet in
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length and measured along the right-of-way lines from
the point of intersection.
(8) Trees shall be placed to avoid interference with the
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construction, maintenance and operation of public and
private utilities above or below ground as determined
by the utility companies and the City Engineer.
(C) Placement of Trees Within Public Rights -of -Way. Trees
planted within public rights-of-way shall meet the following
conditions.
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(1) A tree planting permit shall be obtained from the City
Forester.
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(2) The species to be planted shall be listed in the "List
of Recommended Trees for Iowa City" as street trees or
permitted by the City Forester.
(3) Trees shall not be located within four (4) feet of a
public sidewalk nor within nine (9) feet of a right-of-
way line where a sidewalk does not exist.
(4) Trees shall not be located within five (5) feet of the
curb.
(5) At street intersections, trees shall not be located
within 70 feet of the intersection of curb lines along
arterial streets, 50 feet along collector streets, nor
within 30 feet of the intersection of curb lines along
residential streets.
(6) At the intersection of a street and an aisle or a drive
and at the intersection of a street and an alley, trees
shall not be located within 10 feet of the drive,. aisle
or the right-of-way line of the alley.
(7) Trees shall be spaced no closer than 16 feet apart.
(8) Trees shall be placed to avoid interference with the
construction, maintenance and operation of public and
private utilities above or below ground as determined
by the utility companies and the City Engineer.
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E. (8.10.40.8) TREES ON PRIVATE PROPERTY FOR RESIDENTIAL USES
AND PARKING AREAS. The following provisions shall regulate the
planting of trees on private property for residential uses and
parking areas.
(A) Applicability
(1) Whenever the total number of parking spaces required or
provided for a use exceeds 18 parking spaces, the
requirements of paragraph (C) shall be applicable.
This paragraph shall also apply in the following
instances:
(a) If the number of parking spaces in an existing
parking area is increased to exceed an area which
accomodates 18, nine (9) by 20 foot parking
spaces, the parking area in excess shall comply
with the requirements of this paragraph.
(b) If an existing parking area, which exceeds 18
parking spaces, is increased in area, the
additional parking area shall comply with the
requirements of this paragraph.
(c) If an existing parking area does not consist of a
permanent dust -free surface and is required to be
surfaced or altered in any way, the provisions of
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this paragraph shall apply as if the parking area
had not previously existed.
(2) Whenever a residential building is constructed,
reconstructed or structurally altered by one or more
additions, the sum total of which increases the floor
area by more than 10 percent, the requirements of
paragraph (B) shall be applicable to the entire lot or
separate tract.
(3) Property in the CB zone shall be exempt from the re-
quirements of paragraph (B).
(4) Parking ramps, covered parking areas and parking areas
that are an integral part of a building shall be exempt
from the requirements of this subsection.
(B) Required.Tree Planting for Residential Uses. Trees shall be
planted on a lot with a residential use and meet the
following conditions:
(1) The species to be planted shall be listed in the "List
of Recommended Trees for Iowa City" or permitted by the
City Forester.
(2) Trees shall be planted at the minimum ratio of one (1)
tree for every 550 square feet of total building
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coverage of the lot. (Where residential uses are
combined with other uses, the building coverage shall
be determined on the basis of the greatest amount of
residential floor area that any floor is wholly or
partially devoted to a residential use.) These trees
shall be in addition to the trees required to satisfy
the requirements of paragraph 8.10.40.7(B) and
paragraph (C) below.
(3) Trees shall not be located within four (4) feet of a
public sidewalk nor within three (3) feet of a street
right-of-way line where a public sidewalk does not
exist.
(4) Trees shall not be located within a triangular area at
street intersections, two (2) of its sides 30 feet in
length and measured along the right-of-way lines from
the point of intersection.
(C) Required Tree Planting for Parking Areas. Trees and tree
islands shall be provided within and abutting the perimeter
of the'parking area(s) and meet the following conditions:
(1) The species to be planted shall be listed in the "List
of Recommended Trees for Iowa City" as appropriate for
parking areas or permitted by the City Forester.
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(2) Tree islands shall be located so every parking space or
portion thereof is not more than 40 feet from a small
size tree within a tree island or 60 feet from a medium
or large size tree within a tree island,
(3) Tree islands shall be located as to separate parking
spaces from drives and alleys as in the illustration
below.
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.. a PRIVATE DRIVE
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(4) Each tree island shall not be less than 170 square feet
in area for trees allowed in small islands (the length
of the tree island shall not exceed 20 feet) and shall
be not less than 350 square feet in area for trees not
allowed in smaller islands as indicated in the "List of
Recommended Trees for Iowa City."
(5) Tree islands shall be separated from parking spaces,
drives, and alleys by an unmountable curb or a barrier a
minimum of five (5) inches in height. The curb or
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barrier shall. be constructed in such a manner that salt
water runoff will not damage the tree.
(6) Trees allowed in small tree islands shall be planted
within required tree islands at the ratio of one tree
for each 170 square feet of tree island area. Large or
medium size trees not allowed in smaller islands shall
be planted within required tree islands at the ratio of
one tree for each 350 square feet of tree island area.
(7) Trees allowed in small tree islands shall be located a
minimum of four and a half (41) feet from the edge of a
tree island and trees allowed only in large tree
islands shall be located a minimum of nine (9) feet from
the edge of a tree island.
(8) Trees shall not be located within four (4) feet of a
public sidewalk nor within three (3) feet of a street
right-of-way line where a public sidewalk does not
exist.
F. (8.10.40.9) INSTALLATION. All tree plantings required by this
section shall be installed prior to occupancy or commencement of a
use. If the plantings cannot be installed prior to occupancy or
commencement of a use, the Building Inspector may grant a delay to
the seasonal calendar dates of June I or November I, whichever
comes first.
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G. (8.10.40.10) MAINTENANCE. It shall be the responsibility of the
owner of a lot to maintain and replace, if necessary, trees
required by these provisions after their planting.
N. (8.10.40.11) SEVERABILITY. The declaration of the invalidity of
any part of this section shall not impair the validity of any part
of the rest of this section.
SECTION III. REPEALER. All other Ordinances or parts of Ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
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SECTION IV. SAVINGS 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 V. EFFECTIVE DATE. This Ordinance shall become effective after
its final passage, approval and publication as provided by law.
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It was moved by and seconded by that
the Ordinance be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
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Balmer
deProsse
Erdahl
Neuhauser
Perret
I� Roberts
Vevera
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Passed and approved this day of 1978.
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MAYOR
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• CEDAR RAPIDS AND DES MOINES, IOWA
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ORDINANCE NO. 79-2958
AN AMENUIENT 1O CHAPTER 15, NDE OF
ORDINANCESOF IOWA CITY, IOWA, PROVIDING
REGULATIONS FOR THE NLLECTION AND RE-
MOVAL OF RESIDENTIAL SOLID WASTE, PRD-
HIBITING PRIVATE COLLECTION OF RESI-
DENTIAL SOLID WASTE, AUTHORIZING ES-
TABLISHM&NT OF A RESIDENTIAL SOLID
WASTE COLLECTION FEE, MODIFYING THE
PROCEDURE FOR GIVING NOTICE OF VIO-
LATIONS OF CHARM 15, PROVIDING A
PENALTY, AND REPEALING SECTIONS
15-8(c), 15-8(d), 15-9, and 15-62.
BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. Amendment.
A. The definition of "Commercial solid
wastesin section 15-2, Code of Ordinances of
the City of Iowa City, Iowa, is hereby amended
to read as follows:
"Commercial solid waste" means solid
waste resulting frrm the operation of
any commercial, industrial, institutional,
agricultural, or other establishment, and
multiple housing facilities with more than
four (4) dwelling units.
B. Section 15-2, ode of Ordinances of the
City of Iowa City, Iowa is amended to add a
definition of "roaming unit" as follows:
"Roaming unit" means any roan or group of
mems forming a single habitable unit in
a roaming house or dwelling used or in-
tended to be used for living and sleeping,
,but not for cooking or eating of meals.
C. Section 15-8(b), Code of Ordinances
of the City of Iowa City, Iowa, is hereby
amended to read as follows:
Notice and disposition of any such
determination made by the city shall
be given or made in accordance with
the Iowa City Administrative Code,
chapter 2, article IX, Code of Ordinances
of the City of Iowa City, Iowa, unless
some other section specifies a different
notice or disposition, in which case that
different notice or disposition shall be
controlling.
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Ordinance No. 79-2958
Page 2.
D. Section 15-62, Code of Ordinances
of the City of Iowa City, Iowa, is hereby
repealed and the following language sub-
stituted therefor:
(a) %ce per week, as reasonably possible,
the city shall collect ail residential solid
waste resulting from the operation and main-
tenance of four (4) or fewer dwelling units.
'ibis residential solid waste collection shall
be mandatory, and Private collection shall
not be allowed. The city may establish a
reasonable fee for this service by resolution.
For purposes of this subsection, two (2)
roaming units shall be deened the equivalent
Of one dwelling unit. Home businesses other-
wise meeting the requirements of this sub-
section shall also receive residential solid
waste collection service Provided that the
residential use is the primary use, and further
Provided that there shall be no sign on the
Premises concerning the business use larger
than one (1) square foot in area. The director
tioneofftthis sub -section ift qualifying ihe/shefinds thathe t solid waste from the dwelling is being
collected along with commercial solid waste
from an abutting establishment, when the dwelling
and the establishment are part of one complex
of buildings serving a unified purpose.
Bulky
collection
servicesish from areProvideddbbyethe to
will be collected upon request if it does not
exceed reasonable limitations of weight and
bulk to be fixed by regulations to be made and
Promulgated by the director.
(c) Tree limbs greater than four (4)
inches in diameter shall be collected as bulky
rubbish. Tree limbs and yard wastes created by
commercial tree service operations or by the
clearing of land for construction will not be
collected.
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Ordinance No. 79-2958
Page 3.
(d) Solid waste containers, tree limbs
and yard wastes as described in sectionsl5-49
and 15-50, respectively,and other solid waste
Permitted to be placed at the curb shall be
Placed at the curb of the street upon which
the dwelling fronts for collection. Plac
shall not occur beforanent
e 3:00 P.M. on the day
before the regularly scheduled collection day.
Containers shall be removed from the curb on
the same day collection is made, and returned
to a place as near as reasonably possible to
the side or back of any permanent building on
the property,
(e) The owner of any dwelling containing
two
(2), three (3), or four (4) dwelling units
shall be responsible for compliance with the
Provisions of section 15-62(d). For single
family dwellings, the person who pays the solid
waste collection fee shall be responsible for
compliance with the provisions of section 15-
62(d); if no person pays the fee, the owner
shall be responsible.
(f) The city shall not collect any
commercial solid waste, except from its own
Property.
(g) Solid waste collectors shall be
responsible for the collection of solid waste
from the point of collection to the trans-
portation vehicles provided the solid waste
was stored in compliance with sections 15-47(a)
and (b), 15-48, 15-49 and 15-50 of this chapter.
Any spillage or blowing litter caused as a
result of the duties of the solid waste collector
shall be collected and placed in the transporta-
tion vehicle by the solid waste collector.
SECTION H. penalty.
The doing of any act prohibited or declared
to be unlawful by this ordinance, or the anission
or failure to perform any act or duty required
by this ordinance, is a simple misdemeanor.
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Ordillw,, a �i\`o• 7q-9g5A
page 4,
S Sw' I'ION III. Rcnealer.
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t' Sections 15-8(c), 15-8(d), 15-9, and
15-62, Code of Ordinances of the City of
Ioua City, Iowa, and all ordinances or parts
F of ordinances in conflict with the provisions '
Of this ordinance, are hereby repealed.
SECTIgll IV. Severabilit .
If any section, provision or part of the
Ordinance shall be adjudged to be 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.
` SBCrIOv V. Effective rate.
This Ordinance shall be .in effect after its }
final passage, approval and publication as re-
quired by law. $
1979 passed and :adopted this 79thday of June
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Romr.a A Appmved
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• CEDAR RAPIDS AND DES MOINES, IOWA
Ordinance No. 79-2958
Page 5
It was moved by Balmer and seconded by
deProsse that the Ordinance be adopted,
an upon ro ca there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
x Roberts
x Vevera
Moved by Balmer, seconded by Neuhauser, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the first
and second consideration and vote be waived, and the
ordinances be voted upon for final passage at this time.
Ayes: Roberts, Vevera, Balmer, deProsse, Neuhauser,
Perret. Nays: none. Absent: Erdahl.
Publish June 27, 1979
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• CEDAR RAPIDS AND DES MOINES, IOWA
ORDINANCE NO. 79-2959
AN ORDINANCE AMENDING CHAPTER 5 ARTICLE I OF THE
CODE OF ORDINANCES OF IOWA CITY BY ADDING.
REGULATIONS FOR DANCES IN ESTABLISHMENTS WHICH HOLD
BEER OR LIQUOR LICENSES.
Be it enacted by the City Council of the City of
Iowa City:
SECTION I. PURPOSE. The purpose of this ordin-
ance is to provide regulations for establishments
which hold beer and liquor licenses and which have
dances for minors.
SECTION II. AMENDMENT. Chapter 5 Article I of the
Code of Ordinances of Iowa City is hereby amended
by adding the following sections:
Section 5-7 Dances for Minors.
(a) Dances may be held for persons who are 16 years
of age or older in establishments which hold beer
or liquor licenses; ...however, no beer or liquor
may be sold or consumed or in the possession of any
person nor displayed on the premises during the
dances.
(b) Dances may be held in said establishments
between the hours of 1:00 p.m. and 11:00 p.m. each
day.
(c) .The owner of the establishment shall provide a
doorkeeper at the entrance to determine the age of
patrons, to determine that the occupancy limit is
not exceeded in the establishment, and to check
that patrons do not bring beer or liquor into the
establishment.
Section 5-8 Permit Required.
The owner of the establishment shall make
application to the City Clerk for a Dance Permit.
The application shall state the portion of the
premises where dances shall he held, the hours
proposed, and the provision for a doorkeeper.
If the application indicates an intent to comply
with this section, a dance permit shall be issued
by the City Council for one year at no cost.
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OV')ANCE 79-2959
PAGc 2
• CEDAR RAPIDS AND DES MOINES, IOWA
Section 5-9 Revocation of Permit.
In the event that the provisions of this section
are violated, the permit shall be automatically,
revoked.
SECTION III. REPEALER. All ordinances and parts
of ordinances in conflict with the provision of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or uncon-
stitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 19th day of June, 1979.
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ATTEST:
CITY CLERI
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Or' ANCE 79-2959
PAuc 3
• CEDAR RAPIDS AND DES MOINES, IOWA 1
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It was moved by Balmer and
seconded by deProsse that the
Ordinance be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
_ x Erdahl
x Neuhauser
I
x Perret
x Roberts
x Vevera
First consideration 6/5/79
Vote for passage: yes: r a euhauser, Perret,
Roberts, Balmer. Nays: none. Absent: Vevera, deProsse.
Second consideration 6/12/79
Vote for passage: Ayes: Erdahl, Neuhauser, Perret, i
Roberts, Vevera, Balmer. Nays: none. Absent: deProsse.
Publish June 27, 1979
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
;LMED BY JORM MICROLAD
• CEDAR RAPIDS AND DES MOINES, IOWA
^,icnrlLMED BY
JORM MICROLAB
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