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HomeMy WebLinkAbout2009-10-20 Ordinance~~ ~~.,: Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. Og-4' 8 AN ORDINANCE AMENDING TITLE 14, ZONING, TO ALLOW COMMUNICATION TOWERS IN THE INTERIM DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES BY SPECIAL EXCEPTION, SPECIFY DOCUMENTATION REQUIREMENTS FOR SPECIAL EXCEPTIONS FOR COMMUNICATION TOWERS, CLARIFY CO-LOCATION REQUIREMENTS, AND ADD A REQUIREMENT TO REMOVE TOWERS AFTER THE USE IS DISCONTINUED. WHEREAS, the Interim Development Zones are intended to provide for areas of managed growth where agricultural and other non-urban uses of land may continue until the City is able to provide services; and WHEREAS, the Interim Development Residential Zones designations, ID-RS and ID-RM, identify areas suitable for future residential development; and WHEREAS, demand for cell phone service has grown dramatically over the last several years, particularly in residential areas and many people now depend solely on cell phones for phone service; and WHEREAS, the current zoning code restricts communications towers to non-residential zones, such as commercial, industrial, and research park zones and interim development zones with those same designations, which potentially causes cell phone service reception problems for cell phone users in areas of the city where there is an absence of such non-residential zoning; and WHEREAS, with this amendment, standards will be established to ensure that communications towers are not obtrusive and are carefully considered by the Board of Adjustment on a case-by-case basis, so they will not detract from or discourage future residential development; and WHEREAS, communications towers no longer in use should be removed and the land graded and re-seeded So as not to discourage future development or detract from existing neighborhoods and commercial areas; and WHEREAS, requirements for constructing towers in a manner that will allow co-location will prevent unnecessary proliferation of communication towers in the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Deleting paragraphs 14-4B-4E-4 through 14-46-4E-6 and substituting in lieu thereof: 4. Communication Transmission Facilities in Residential Zones and in the ID-RS and ID-RM Zones a. Communications antennae are permitted in all Residential Zones and in the ID-RS and ID-RM Zones, provided the following conditions are met: (1) The antenna is mounted on an existing communications tower, on the roof of a principal building that contains a nonresidential use or on the roof of a building that is accessory to a nonresidential use, or on another tall structure that is permitted in the zone. Examples include church and school buildings, water towers and clock towers. A maximum of two antennae is permitted per building or structure. (2) The height of the antenna shall not exceed the height of the existing structure or building to which it is attached by more than 20 feet. If it exceeds this limit, a special exception is required to ensure that the antennae and any associated structure is designed to blend into its Ordinance No. 09-4358 Page 2 surroundings, or be camouflaged so as not to be obtrusive or detract from neighboring properties. (3) Strobe lighting is prohibited in Residential Zones. Therefore, any antenna that requires such illumination is prohibited. (4) Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached. No separate equipment shed is permitted, except if the antenna is attached to a tall structure that is not a building. In such a case, a separate equipment shed is only allowed by special exception if it can be demonstrated that the shed can be adequately screened or designed in a manner that blends in with the residential character or future residential character of the surrounding area. b. Communications towers are allowed by special exception in the ID-RS and ID-RM Zones and must comply with the following approval criteria: (1) The proposed tower serves an area that cannot be served by an existing tower or industrial property or by locating antennae on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and commercial and industrial properties within one-half mile of the proposed tower. Such documentation must include maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored by the applicant and the applicant must state the reasons that these locations were not feasible. (2) The proposed tower will be designed and constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guy wires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flag poles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g. towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location. (3) The proposed tower will be no taller than is necessary to provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. Communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than 120 feet from grade. If a communications tower is camouflaged to appear similar to another common structure allowed in the zone, it must comply with the same height standards that would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a light pole, flag pole, or utility pole it must not exceed the height limitation for such structures as specified in the base zone. If no height standard exists in the code for such a structure, it must be designed to be of similar height and appearance to other similar or typical structures. If the tower is Ordinance No. 09-4358 Page 3 camouflaged as a chimney, steeple, or other similar rooftop structure, the Board may exempt it from the base zone height standards if it is designed as if it were an integral part of the building and is not out of scale or proportion to other similar rooftop structures. (4) The proposed tower will be set back from the property line at least a distance equal to the height of the tower. (5) Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right-of-way and adjacent properties and designed in a manner that will be compatible and blend in with future residential development. (6) The proposed tower will not utilize aback-up generator as a principal power source. Back-up generators may only be used in the event of a power outage. The Board of Adjustment may require that the electric distribution line necessary to furnish electric service to the tower be made underground from existing systems, however, this requirement would not apply to electrical transformers, meter pedestal, switch gear and other appurtenances impractical to bury. (7) Strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones. (8) The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the 120 foot height limitation or if the Board of Adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development as envisioned in the Comprehensive Plan. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system. (9) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and re-planted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation. 5. Communication Transmission Facilities in Commercial Zones and the ID-C Zone; Privately-Owned Communication Transmission Facilities in Public Zones. a. Communications antennae are permitted in all Commercial Zones, the ID-C Zone, and in Public Zones provided the following conditions are met: (1) The antenna must be mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole. (2) In the CN-1 and CO-1 Zones and in any ID-C Zone that is intended for a future CN-1 Zone, strobe lighting is prohibited. Therefore, any antenna that requires such illumination is prohibited in these zones. Ordinance No. 09-4353 Page 4 (3) In Public Zones and in the CC-2, CH-1, CI-1, CB-2, CB-5, and CB-10 Zones and in any ID-C Zone not intended for a future CN-1 Zone, antennae may not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used. (4) Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached or screened from view of the public right-of-way and any adjacent property to at least to the S3 standard (See Article 14-5F, Screening and Buffering Standards). If the equipment is located on the roof it must be set back and screened so that it is not within public view or appears to be part of the building. b. Communications towers are allowed by special exception in Public Zones, the ID- C, CO-1, CN-1, CH-1, CI-1, CC-2, CB-2, CB-5, and CB-10 Zones and must comply with the following approval criteria: (1) If the proposed tower will be located in an ID-C Zone that is intended for a future Neighborhood Commercial Zone according to the Comprehensive Plan, as amended, then it must comply with any specific standards listed below for CN-1 Zones. (2) The proposed tower serves an area that cannot be served by an existing tower or industrial property or by locating antennae on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and industrial properties within one-half mile of the proposed tower. Such documentation must include maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored by the applicant and the applicant must state the reasons that these locations were not feasible. (3) The proposed tower will be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guy wires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flag poles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g. towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location. (4) The proposed tower will be no taller than is necessary to provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. In the ID-C (except areas intended for CN-1 ), CH-1, CC-2, CI-1, CB-2, CB-5 and CB-10 Zones, communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than 120 feet from grade. In the CO- 1, CN-1, and any ID-C Zone intended for CN-1, communications towers must comply with the same height standards that would apply to the type Ordinance No. 09-4358 Page 5 of structure to which they are attached or if a communications tower is camouflaged to appear similar to another common structure allowed in the zone, it must comply with the same height standards that would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a light pole, flag pole, or utility pole it must not exceed the height limitation for such structures as specified in the base zone. If no height standard exists in the code for such a structure, it must be designed to be of similar height and appearance to other similar or typical structures. If the tower is camouflaged as a chimney or other similar rooftop structure, the Board may exempt it from the base zone height standards if it is designed as if it were an integral part of the building and is not out of scale or proportion to other similar rooftop structures. (5) The proposed tower will be setback at least a distance equal to the height of the tower from any Residential Zone, ID-RS Zone, and ID-RM Zone. (6) Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right-of-way and any adjacent residential or commercial property. (7) The proposed tower will not utilize aback-up generator as a principal power source. Back-up generators may only be used in the event of a power outage. (8) In the CN-1 and CO-1 Zones and in any ID-C Zone that is intended for a future CN-1 Zone, strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones. The tower will not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used. (9) The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the 120 foot height limitation or if the Board of Adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development intended in the zone. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system. (10) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and re-planted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation. 6. Communication Transmission Facilities in Industrial and Research Park Zones and the ID-RP and ID-I Zones a. Communications antennae are permitted in all Industrial and Research Park Zones and in the ID-I and ID-RP Zones, provided the antenna is mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole. Ordinance No. 09-4358 Page 6 b. Communications towers are allowed in the ID-I, I-1 and I-2 Zones and by special exception in the ID-RP, RDP and ORP Zones, provided the following conditions are met: (1) The proposed tower will be setback at least a distance equal to the height of the tower from any Residential Zone, ID-RS Zone, and ID-RM Zone. (2) The tower and any associated equipment, buildings, or structures must be screened from the public right-of-way and any bordering Residential or Commercial Zone to at least the S3 standard (See Article 14-5F, Screening and Buffering Standards). (3) The proposed tower must be designed and constructed to accommodate at least two additional users. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit two additional antenna systems of comparable size to be added to the tower above or immediately below the original antenna system. (4) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and re-planted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. 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. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Pass and approved this~20th day of n~ ~hPr , 20~_• M Y `~ ~ Approved by ATTEST: 9 .L~ IICG ~~Z~'C~~l;, .°> '? ~ jam; CITY LERK City Attorney's Office ~ /~.~ ~~,~ Ordinance No. 09-4358 Page 7 It was moved by Wright and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Correia X Hayek g O'Donnell x Wilburn X Wright 0' Donnell that the Ordinance First Consideration 9/29/2009 Vote for passage: AYES: Bailey, Champion, Correia, Wright. NAYS: None.. ABSENT: None. Second Consideration 10 / 6 / 2009 Vote for passage: AYES: Correia, Hayek, 0' Donnell, NAYS: None. ABSENT: None. Date published 10/28/2009 Hayek, O'Donnell, Wilburn, Wilburn, Wright, Bailey, Champion M~ Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ09-00005) ORDINANCE NO. 09-4359 AN ORDINANCE REZONING 3,450 SQUARE FEET OF LAND LOCATED AT 611 SOUTHGATE AVENUE FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERICAL (CI-1) (REZ09- 00005) WHEREAS, the applicant, The Breese Co, Inc., has requested a rezoning of 3,450 square feet of land located at 611 Southgate Avenue from Community Commercial (CC-2) to Intensive Commercial (CI-1 ); and WHEREAS, the address of 611 Southgate Avenue encompasses two lots, Lot 8 and Lot 9, with Lot 9 currently zoned CC-2 and Lot 8 zoned CI-1;and WHEREAS, the applicant intends to shift the lot line of Lot 8, 23 feet to the east by plat of survey; and WHEREAS, the Iowa City Zoning Code states that where the zones designated on the Zoning Map are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones. The intent of this provision is that no lot shall be divided by a zone boundary;" and WHEREAS, it is therefore necessary to shift the zoning boundary to mirror the lot line adjustment; and WHEREAS, the subject property is in the South Planning District, which designates this area as appropriate for intensive commercial development; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property legally described as THE WEST 23.00 FEET OF LOT 9, BLOCK 7, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8 AT PAGE 69 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, CONTAINING 0.08 ACRE (3450 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, is hereby reclassified from its current zoning designation of Community Commercial (CC-2) Zone to Intensive Commercial (CI-1) Zone. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance bylaw. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the Ciry Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided bylaw. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. 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. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and public n, as provided by law. Passed and approved this 20th day of October 2009 . /~ _ ~ /~ ~~ ATTEST: rJ CI CLERK Approved by ~~~~, Ciry Attorney's Office ~ ~~ ~~~, ~ Ordinance No. 09-4359 Page 2 It was moved by Hayek and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey ~ Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 9/29/2009 Vote for passage: AYES: Champion, Correia, NAYS: None. ABSENT: None. Second Consideration 10/6/2009 Vote for passage: AYES: Hayek, O'Donnell, NAYS: None. ABSENT: None. Date published 10/28/2009 Hayek, O'Donnell, Wilburn, Wright,Bailey, Wilburn, Wright, Bailey, Champion,Correi~ ~',.s :j Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" SECTION 3- 4-3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (2009), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems; and WHEREAS, it is in the public interest to increase certain fees and charges in order to fund the costs of operations; and WHEREAS, the City currently charges a $15 fee for returned check/automatic debit for payment of City utility services; and WHEREAS, the Iowa City City Council proposes to increase the fee for returned checks/automatic debits for payment of City utility services to cover operational costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by: a. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting the following in lieu thereof: Amount of Fee, Charge, Bond, Fine or Penalty Water Service Charges (14-3A-4) Meter Size Inches Charge Minimum monthly user sia 6.41 charges for water service $/ 7.00 for the first 100 cubic feet 1 8.26 or less of water used, 1'/z 16.47 based on meter size 2 22.14 3 40.91 4 71.37 6 143.61 The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a sra" meter, regardless of the size. Ordinance No. Page 2 There will be no minimum monthly charge for asingle-purpose water meter for the months of November to March if no water is used. Monthly Usage Charge Cu. Ft. Monthly user charges for water in excess of 101 to 2.99 100 cu. ft. per month for dual purpose water 3,000 per 100 cu. ft meters cu.ft. Over 2.15 3,000 per 100 cu. ft cu.ft. Single-purpose meter charges for water Over 100 2.99 in excess of 100 cu. ft. per month per 100 cu. ft Returned check/ automatic bank debit for 25.00 payment of city utility services Discount for combined accounts enrolled in 1.00 SurePay, per billing SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. 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. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, to be collected as set forth in §14-3A-4, City Code. Passed and approved this day of 2009. MAYOR ATTEST: CITY CLERK App ved by City Attorney's Office f inad mlord\walerfee09doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 10/6/2009 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donne NAYS: None. ABSENT: None. Second Consideration 1OJ20/2009 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell NAYS: None. ABSENT: None. Date published ~~~ Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-4360 ORDINANCE AMENDING TITLE 4, "ALCOHOLIC BEVERAGES", CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS", SECTION 3, "CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS TO EXCLUDE PROPERTY LEASED FROM THE CITY FOR A PERIOD OF 99 YEARS OR MORE FROM THE PROHIBITION ON THE USE AND POSSESSION OF ALCOHOL IN A CITY PARK. WHEREAS, City Code currently prohibits consumption or possession of an alcoholic beverage in a city park unless purchased from anon-profit entity that has an agreement with the City with respect to city property over which the entity has control for specified times on specified days; and WHEREAS, the University of Iowa has a 99 year lease for approximately 1.76 acres of Terrell Mill Park for the construction, operation and maintenance of a Boathouse Facility and under the terms of the lease, the University is responsible for managing, maintaining and repairing the leased property and the improvements thereon; and WHEREAS, said lease for the boathouse facility defines the property and gives the University control of the facility for 99 years and includes an indemnification provision; and WHEREAS, the University desires, on occasion, to serve alcohol on the premises; and WHEREAS, it is in the best interest of the City to amend City Code to exclude property leased from the City for a period of 99 years or more from the prohibition on the use and possession of alcohol in a city park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Section 4-5-3(B) of the City Code is repealed and the following is substituted in lieu thereof: B. A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section'. This subsection shall not apply to property within a city park that is leased to another entity for 99 years or more. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. 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. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. and approved thi~,20th day of OCtohPr , 2009. ~ / /~ AT~CFST: / d 7~ . ~-~ CIT ERK ro ed by , q-2.~-09 City Attorney's Office ~. J Ordinance No.09-4360 Page 2 It was moved by Correia and seconded by wri~ht that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn ~_ Wright First Consideration 9 / 29 / 2009 Vote for passage: AYES: Wilburn, Wright, NAYS: None. ABSENT: None. Second Consideration 10/6/2009 Vote for passage: AYES: Champion, Correia, NAYS: None. ABSENT: None. Date published 10/28/2009 Bailey, Champion, Correia, Hayek, O'Donnel Hayek, O'Donnell, Wilburn, Wright, Bailey.