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HomeMy WebLinkAbout1996-02-13 OrdinancePrepared by: Scott G. Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 {319}356-5243 ORDINANCE NO. 96-3716 ORDINANCE AMEND!NG THE ZONING CHAP- TER BY CONDITIONALLY CHANGING THE USE REGULATIONS OFAPPROXIMATELY .3ACRES OF PROPERTY LOCATED AT 1500 SYCAMORE STREET FROM RS-5, LOW DENSITY SINGLE- FAMILY RESIDENTIAL, TO CO-1, COMMER- CIAL OFFICE. WHEREAS, the applicant, Community Coordi- nated Child Care, and the owner, Lutheran Social Services, have requested that the City rezone approximately .3 acres of property located at 1500 Sycamore Street from RS-5, Low Density Single-Family Residential, to CO-1, Commercial Office; and WFIEREAS, the proposed rezoning will allow the continued use of the building located on the property as an office or other use permitted in the CO-1 zone while ensuring that the use of the subiect property is compatible with adja- cent properties zoned RS-5; and WHEREAS, Iowa Code § 414.5 (1995} provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant and owners ac- knowledge that certain conditions and restric- tions are reasonable to ensure appropriate use of this property in relation to surrounding properties and to ensure that vehicular traffic circulating to, from and on the subject property does not negatively impact the surrounding residential property; and WHEREAS, the applicant and owners have agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate use of this property. Ordinance No. Page 2 96-3716 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; SECTION I. APPROVAL, Subject to the terms and conditions of the Conditional Zoning Agree- ment, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from its present classifica- tion of RS-§, Low Density Single-Family Resi- dential, to CO-1, Commercial Office: Lot 7 and Lot 8, Marion's Subdivision, Part Two, Johnson CounW, Iowa City, Iowa, excepting therefrom the following: Begin- ning at a point 61.61' easterly along the southern boundary line of Lot 7, thence 38.3' northeasterly along the southeast boundary line to the southeast corner of Lot 7, thence 126.1' northwesterly along the northeast boundary line to the northeast corner of Lot 7, thence 15' southwesterly along the northwest boundary line of Lot 7, thence southeasterly to the place of begin- ning, all in Marion's Subdivision, Part Two, Iowa City, Iowa. SECTION II. ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION IIh CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicants and the City. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of the Ordi- nance, and after execution of the Conditional Zoning Agreement, the CiW Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- merit for recordation in the Office of the Re- corder, Johnson County, Iowa, at the Appli- cant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. Ordinance No. 96-3716 Page 3 SECTION VII. EFFECTIVE DATE, This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 13~h da~v of February/, 1996. Ordinance No. 96-3716 Page 4 It was moved by Kubbv and seconded by Ordinance as read be adopted, and upon roll call there were: Lehman that the AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef First Consideration Vote for passage: ^YES: Vanderhoef, Baker. NAYS: None. ABSENT: Second Consideration .............. Vote for passage: Date published 2/21/95 1/30/96 Kubbv, Lehman, Norton, Novick, Thornberry, None. Moved by Norton, seconded by Kubby, 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 second con- sideration be waived and the ordinance be given final passage at this time. AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Prepared by: Scott G. Kugler, Associate Planner. 410 E. Washington St.. Iowa City. IA 52240 {31 9)356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City), Lutheran Social Services (hereinafter "Owner), and Community Coordinated Child Care (hereinafter "Applicant"). WHEREAS, the applicant, Community Coordinated Child Care, and the owner, Lutheran Social Services, have requested that the City fezone approximately .3 acres of property located at 1500 Sycamore Street from RS-5, Low Density Single-Family Residential, to CO-1, Commercial Office; and WHEREAS, the proposed rezoning will allow the continued use of the building located on the property as an office or other use permitted in the C0-1 zone, while ensuring that the use of the subject property is compatible with adjacent properties zoned RS-5;; and WHEREAS, Iowa Code § 414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Applicant and Owner acknowledge that certain conditions and restrictions are reasonable to ensure appropriate use of this property in relation to surrounding properties and to ensure that vehicular traffic circulating to, from and on the subject property does not negatively impact the surrounding residential property; and WHEREAS, the Applicant and Owner have agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate use of this property. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Lutheran Social Services is the owner and legal title holder of property located at 1500 Sycamore Street, which property is more particularly described as follows: Lot 7 and Lot 8, Marion's Subdivision, Part Two, Johnson County, Iowa City, Iowa, excepting therefrom the following: Beginning at a point 61.61' easterly along the southern boundary line of Lot 7, thence 38.3' northeasterly along the southeast boundary line to the southeast corner of Lot 7, thence 126.1' northwesterly along the northeast boundary line to the northeast corner of Lot 7, thence 15' southwesterly along the northwest boundary line of Lot 7, thence southeasterly to the place of beginning, all in Marion's Subdivision, Part Two, Iowa City, Iowa. 2 e Owner and Applicant acknowledge that the City wishes to ensure the appropriate use of the subject property compatible with adjacent properties which are zoned RS-5. Therefore, Owner and Applicant agree to certain conditions over and above City regulations in order to ensure that the use of the subject property does not further encroach into the surrounding residential neighborhood, and that on-site vehicular circulation and traffic do not negatively impact the existing RS-5 development surrounding the subject property to the north, east, and west. In consideration of the City's rezoning the subject property from RS-§ to C0-1, Owner and Applicant agree that use of the subject property will conform to all of the requirements of the C0-1 zone as well as the following additional conditions: No vehicular access shall be permitted to the subject property from DeForest Avenue. No parking or access drives shall be permitted to the north of any building on the site. Future building additions or new structures on the property shall not be located any closer to DeForest Avenue than the current structure. d. The existing landscaped screening along the east property line shall be retained. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code § 414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. 3 Dated this J.~ ~ day of t~/~¢-~,~,~ , 1996. CITY OF IOWA CITY By: ~omi J.LNo~ick, Mayor COMMUNITY COORDINATED CHILD CARE ~_~Yndy I~bhlmann, Executive Director Marian K. Karr, City Clerk A ~ by STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onthis J.~'¢J- dayof -~-~,-~,~.~ ,19 ?~. , before me, .q~r~d..-~. ~-Jc , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinanc_.~e) (Reso{t~F~ No. ~ -'C3?f~ passed by the City Council, on the I~ ~ day of ~.z~,t~z~z,,~ , 19 ¢~, , and that Naomi J. Novick and Marian K. Karr acknowledged the execut'~n of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa LUTHERAN SOCIAL SERVICES STATE OF IOWA ) ) as: JOHNSON COUNTY ) Ifor the appeared Notarv Public in and State owe, personally Roger C, Outmann to me personally known, who, being by me duly sworn, did say that he is ~he President and CEO of sald corporation executing the witlqln end foregoing instrument te which thls I$ aftached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto l$ the seal of said) said corporation by authority of its Board of Directors; and that the said Roger C. Outmann, as such officer acknowledged the execution of said instrument to be the voluntaw act and deed of said corporation, by it and by him voluntarily executed. t~ LOU ANN OLSON MY COMMISSION EXP'.?E$ Notary Public in and for said County and State 4 STATE OF ) ) ss: JOHNSON On this day of Notary Public in and for personally known, who, bain of said corporation executing that (no seal has been procured sealed) on behalf of (the seal affixed of its Board of Directors; and that t as such officers acknowledged deed of said corporation, by , A.D. 1~ , before me, the undersigned, a State of Iowa, pers~ appeared Patricia Geissel to me say that she is the Executive Direotor ithin and instrument to which this is attached, that said instrument was signed (and seal of said) said corporation by authority and said instrument to be the voluntary act and ' them executed. Notary Public in~'~nd for said County and State STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z~, day of 3a,,~,,~ , A.D. 1 9_~(~_, before me, the undersigned, a Notary Public in and for the Sta~e of Iowa, personally appeared Sandy Kuhlmann, to me personally known, who, being by me duly sworn, did say that she is the Executive Director of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said $~,~., ~'~,/,fi~t~a~,~__ and . as such officers acknowledged the execution of ~'ai~ instrument to be the voluntary~-'~--~-t~and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 4Cs Community Coordinated Child Care 202 South Linn St. · P.O. Box 2876 · Iowa City, Iowa · 52244. (319) 338-7684 City Council Civic Center 3110 Washington Iowa City, Iowa 52240 Dear Councillors; I would like to request expedited consideration of the rezoning application, REZ95-0015, to accommodate our contract closing date. Combining the remaining two public readings and votes would allow us adequate time to complete items such as appraisals and title research for our bank, with zoning in place, prior to the date when our option expires, (March 1, 1996). Thank you for consideration of this request. Sincerely, ~S~d y~KK ~f~~ Executive Director Child Care Referral · Providcr 'lYaining · Parent Education · Child Advocacy. Toy Library NOTICE OF PUBLIC HEARING ON AN ORDI- NANCE AMENDING TITLE 14, CHAPTER 3, "CITY UTILITIES," ARTICLE E, "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE" OF THE CiTY CODE BY ADDING PROVISIONS TO REGULATE HOLDING 'rANK WASTE TRANSPORTERS (LIQUID WASTE HAULERS) TO ALL TAXPAYERS AND RESIDENTS OF THE CITY OF IOWA CITY, iOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council for the City of Iowa City, Iowa, will conduct a public hearing on an ordinance amending Title 14, Chapter 3, "City Utilities," Article E0 "Wastewater Treatment Works Indirect Discharge" of the City Code by adding provisions to regulate holding tank waste transporters (liquid waste haulers). Said hear- ing shall be held at 7:30 p.m. on the 13th day of February, 1996, and said meeting shall be held in the City Council Chambers of the Civic Center, located at 410 E. Washington Street, Iowa City, iowa. Said ordinance is now on file in the office of the City Clerk in the Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encour- aged to appear or submit written comments at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ORDINANCE TREATMENT REGULATE HOLDING ORDINANCE NO. TITLE 14, CHAPTER 3, "CITY UTILITIES," ARTICLE E, INDIRECT DISCHARGE" OF THE CITY CODE BY ADDII~ TRANSPORTERS (LIQUID WASTE) HA TO WHEREAS, the City of commonly known as the North WHEREAS, acting as a¢ Department of Natural Resources adopt regulations concerning to fully comply with the Clean Water Act. NOW, THEREFORE, BE IT ORDAINED SECTION I. AMENDMENTS. Title 14, Cha Treatment Works Indirect Dischar City operates a Publicly Owned T Wastewater agent for the Environm~ has requested Repealing the definition of "H( Code and enacting in lieu Section 14-3E-2, "Defini Works (POTW), more and Protection Agency {EPA), the Iowa ~ Wastewater Treatment Division, · tars (honey wagons or liquid waste) in order Holding Tank chemical toilets, b. Amending Secti~ Tank Waste Holding '~ business who c. Am, Tank a new deft to read as follow~ COUNCIL OF THE CITY OF IOWA CITY, IOWA: "City Utilities," Article E, entitled "Wastewater as follows: ," Section 14-3E-2, "Definitions," of the City to be entitled "Holding Tank Waste," Any waste from holding ta tanks and tank trucks, and ,, 1 4-3A-2, "Definitions," by adding a r ~sporter (Waste Hauler)" to read as k Waste Transporter (Waste Hauler): A commercial transportation and disposal of holdir transported holding tank waste to the POTW. ]ding Section 14-3E-3, "Compliance Required; General 3B1,2 to the existing Section 14-3E-3 as paragraph A, and by adding ,~ew Section 14-3E- be entitled ' Holding Tank Waste Transporter Pormit Required" t r~ follows: including but not limited to vessels, ' excluding agricultural waste. definition to be entitled "Holding or entiW that engages in the waste (hauled waste) and sions," City Code by Ordinance No. Page 2 A. Holding Tank 1. Holding tar to the POTt¢ Director or from industrial Director or des written procedure= may establish form,. and other forms as re Direct discharge ers, by dedicated pipe, or Any holding Director's procedures or merits shall be subject to tt Code, and shall also Amending Section of Discharge a "Holding Tank Waste '1 C. Holding Tank Prior to dis Transporter Permit Required. waste transporters, also known as waste haulers, [nless a written permit has first been applied fo~ 3ee. In addition, holding tank waste trans )erations shall also first obtain prio~ govern the issuance of application, load ~nably necessar or rescissl, "Applicat n" ofthe City Code Permit Re¢ )otter Permit Re( of any holding tank wastes issuance of permit, the transporter shall first not contribute ~proved by the ~g waste ~ritten approval from the Director may adopt permits and load approvals, and manifest permit requirements, POTW by holding tank waste transport- · who violates the provisions of this Article or any applicable to said permit and approval require- provisions contained in Section 14-3E-16, City actions including temporary of the transporter's or contributor's permit. by Specific industrial Users for Acceptance adding a new Subsection C, to be entitled to read as follows: ~nts the POTW and prior to the City's the POTW with an Application on a form st )lied bv the Director, which shall include t~x,~following information and be subject / approval by the POTW: ~ 1. /ype and Yearly Quantity. An estimated annual breako~n, in gallons, of type of holding tank waste to be contributed to the POTW for the ~[~owing categories: Ordinance No. Page 3 - commercial porter will 3. Estimated contributed to a maximum limit hour period. 4. Fees. A flat annual load contributed to tt Charges" of the City months, and be subject t¢ upon payment of the annu 5. Sources. Location and r which site must be :atari wi extraordinary circun ances exist 6. Manifest. At me of or prior POTWwith a m ifest the following Formation and be transporter: a. b. C. Served. A list of the commu serving. Estimate of the numbe POTW per day, per a transporter's di,· shall be holding tank waste trans- loads of holding tank waste to be or per month. The POTW may impose sal/contribution over a twenty-four (24)- 3f the holding tank waste The 3proximate volume in gallons of the ~ype of holding tank waste ~ely whether residential, commercial nown or suspected pollutants. for each transporter permit, plus a fee per ; set forth in Title 3, "Schedule of Fees and permit shall be valid for a period of twelve (12) 9wal for an additional one (1)-year period, but only and continued eligibility under this Article. ,f the holding tank waste or site of removal, in Johnson County unless Director determines each transporter must provide the by the POTW. Said manifest shall include completed by the holding tank waste I tank waste. and contributed to the POTW, or other. Driver's name, driver's license number and driver's si Ordinance No. Page 4 Load Approval, Prior to any disposal or contributior Ito POTW of holding tank waste the Director Pretreatment from industrial operations not requiring either ~nt or a pretreatment agreement, transpol )r each load from the Director or )e in the form of an approved man and Fees. All categorical pretreatment shall first receive written Written approval for industrial or otherwise as established by tank waste transporters who are transporting ial waste subject either categorical pretreatment limits or to pretreatment limits further to tho applicable federal, state and local pre- treatment req e prohibited discharge standards specified in 40 CFR §403.5(a) and :al limits adopted in accordance with 40 CFR §403.5(c), as set forth in ~rticle. All such holding tank waste transporters shall meet the pretreatment md shall first receive written approval from the Di- rector or desig to contribution to the POTW, which approval may be in the form of approved 10. Fees for contract with for extra established entitled tank app, N( permit holders ~Jding tank waste tran," gth users required by Section Title 3, Chapter 4, "Wastewater ~ Surcharge (BOD & SS)." I Location. Time and location limitations for dis ste to POTW will be: 9 a.m.-3 p.m. Monday itment only; ? a.m.-7 p.m. Monday - Friday and 7 a.: POTW. ~g as their own transporter or who shall be the same as those set out 14-3A-4 of this Article and as atment Works User Charges," )sellcontribution of holding , at the South POTW by noon Saturdays at the mples. POTW at all times retains the right to sample and analy'~any holding tank waste being transported to or contributed to the POTW, which ri ht~des the Ordinance No. Page 5 bution to until the POTW's 11. Inspection. If the manifest for any inaccurate, incomplet retains the right to insp, the sources and volumes anticipation of contributic 12. Refusal. The if the POTW deems requirements of permit. 13. not assignab 14. Renewable. to hold, sample and analyze said waste pr The holding tank waste shal designee completes all arisfaction, that said reasonable tank nd/or fal.~ ~id wast Article or The permit or transferable. 15. during and after contri- be contributed to the POTW and has determined, to the is not incompatible with the POTW. believe that the information on the brought to or contributed to the POTW is , after written notice to transporter the POTW ' the transporter's business records concerning the holding tank waste either contributed to or in the POTW. ight, at all times, to refuse anv holding tank waste be incompatible with the indirect discharge applicable regulations, rules, procedures or ein is personal to the permit holder, and is be renewed calendar year (1 2 months), but such become effective only holder remains in compliance with ~ rules and regulations governing tl' f and upon payment of the renewal the a annual AnV holding tank waste transporter to the POTW subject to either categorical I: rny contributor of industrial ant or pretreatment limits wh! violates the requirements of this Article or any ~ctor's procedures or di, l Iives shall be subject to the penalty provisions contained'~Section 14-3E-16, ~ Code, and shall also be subject to other remedial actions.in'~ding temporary permanent suspension or rescission of the transporter permit. ~ NO. Page 6 SECTION II. Ordinance are SECTION III. be invalid or whole or any section, [ ~EC'I iC. ;. ;V. EFFECTIVE DATE. publication, as provided by law. Passed and approved this __ All ordinances and parts of ordinances in conflict repealed. If any section, provision or part of the On such adjudication shall not affect the r part thereof not adjudged invali( Ordinance sh~ day 1 9 provisions of this shall be adjudged to of the Ordinance as a unconstitutional. its final passage, approval and MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Prepared by: Maclan Karr, City Clerk, 410 E. Washington St., Iowa City. IA 52240; 319-356-5041 ORDINANCE NO. 96-3717 AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," SUBSECTION 1, "DEFINITIONS," OF THE CITY CODE BY AMENDING THE DEFINITION OF TAXICAB, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I: Title 5, Chapter 2, Subsection 1, "Definitions," of the City Code of Ordinances, should be and is hereby amended by deleting the current definition of "taxicab" and replacing it with the following: TAXICAB: Includes a motorized vehicle furnished with a driver and carrying passengers for hire for which public patronage is solicited within the City. A motorized vehicle used exclusively for hotel or motel business shall not be considered a taxicab within the meaning hereof, nor shall a vehicle commonly known as "rent-a-car," for which a driver is not furnished, be considered a taxicab, nor shall a bus operating over a fixed route in the City be considered a taxicab within the meaning hereof. Charter transportation provided with or without drivers on a written contract or written lease basis with an organization or person(s) shall not be considered a taxicab within the meaning hereof. In addition, vehicles owned or operated by State or local government entities which provide transportation to the public shall not be considered taxicabs. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. 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 unconsti- tutional. 0rdinance No. Page 2 96-3717 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ,,13th day of February 19 96. MAYOR .~/ A'I-I'EST: ~ CITY CLERK Approved by C~ty Attorney's Office/. /,~_~,~ Ordtnanoe No. 96-3717 Page 3 It was moved by Thornberry and seconded by Ordinanca as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ,,. Baker -%---- Kubby -X--'-' ' , Lehman Norton Novick X , Thornberry ~ Vanderhoef Norton that the First Consideration 1/30/96 Vote forpassage:AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton. NAYS: None. ABSENT: None. Second Consideration ................. Vote for passage: Date published ?/Pl/q6 Moved by Thornberry, seconded by Norton, 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 second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Norton, Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Madan Ka~, Clerk, 410 E. Washington St., Iowa Cid. IA 52240; 319-356-5041 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, "VEHICLES FOR HIRE," OF THE CITY CODE BY AMENDING THE DEFINITI( CONTAINED IN 5-2-t THEREFORE. BE IT BY ;ITY COUNCIL OF THE CITY, IOWA 1: Section 5-2-1, Title 2, of the Code of Ordinances be and is hereby mended by the current definition of and it with the following: TAXICAB: motorized vehicle furnished and carrying passengers ire for which public patronage is within the City. A motorized vehi, exclusively for hotel or motel not be considered a ~ning hereof, nor shall a vehicle kh~wn as "rent-a-car," for, c~ a driver is ~not furnished, be con. ~E a taxicab, '~or shall a bus opei tg over a fixed rout~ in the City be con, ,rE J a taxicab withih~the meaning Charter transportation~)rovided with drivers on a writterk contract or lease basis with an or )erson(s) shall not be ~ taxicab within the meaning hereof. In vehicles owned oroperated b, ,r local government entities which vide transportation to the public shall be considered taxicabs. SECTION II. REPEALER. All ordinances parts of ordinances in conflict with the 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 unconstF tutional.