HomeMy WebLinkAbout1998-05-12 OrdinancePrepared by. Scott Kugler, Assoc. Ptanner, City of Iowa City, 410 E. WashingtDn Slmet, Iowa City, IA 52240; 319356-5243
ORDINANCE NO. 98-3832
ORDINANCE AMENDING THE ZONING
CHAPTER BY CONDITIONALLY CHANGING
THE ZONING DESIGNATION OF APPROXI-
MATELY 41 ACRES LOCATED BETWEEN
LOWER WEST BRANCH ROAD AND COURT
STREET EXTENDED, APPROXIMATELY 4/5
MILES WEST OF TAFT AVENUE FROM LOW
DENSITY SINGLE-FAMILY RESIDENTIAL (RS-
5) TO MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-8) FOR 29.1 ACRES AND
LOW DENSITY MULTI-FAMILY RESIDENTIAL
(RM-12) FOR 11.9 ACRES.
WHEREAS, the applicant, Arlington, L.C. is
owner and legal title holder of property located
between Lower West Branch Road and Court
Street extended, approximately 4/5 miles west of
Taft Avenue; and
WHEREAS, the applicant has requested that
the City rezone approximately 41 acres located
between Lower West Branch Road and Court
Street extended, approximately 4/5 of a mile west
of Taft Avenue, from RS-5, Low Density Single-
Family Residential to RS-8, Medium Density Sin-
gle-Family Residential (29.1 acres) and RM-12,
Low Density Multi-Family Residential (11.9
acres); and
WHEREAS, the Planning and Zoning Com-
mission has reviewed the request and finds that,
provided that necessary infrastructure in installed
and that the neighborhood design concepts in-
cluded in the Comprehensive Plan are adhered to
in the design of the development, the request is in
conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (1997) pro-
vides that the City of Iowa City may impose rea-
sonable conditions on granting an applicant's re-
zoning request, over and above existing regula-
tions, in order to satisfy public needs directly
caused by the requested change; and
WHEREAS, the applicant acknowledges and
agrees that certain conditions and restrictions are
reasonable to ensure that adequate infrastructure
is provided by the applicant for the development
and that the development is in substantial con-
formance with the neighborhood design concepts
as contained in the Comprehensive Plan; and
WHEREAS, the applicant has agreed to de-
velop the property in accordance with the terms
Ordinance No.
Page 2
98-3832
and conditions of a Conditional Zoning Agree-
ment which outlines the applicant's obligations
with regard to the adequate provision of infra-
structure, including the extension of Court Street,
and specifies the need for a future planned de-
velopment housing oveday (OPDH) rezoning of
the property to assure the development of the
property in accordance with the neighborhood
design concepts as contained in the Comprehen-
sive Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
SECTION I. APPROVAL. Subject to the
terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated by
reference herein, the property legally described
below is hereby conditionally reclassified from its
present classification of RS-5, Low Density Sin-
gle-Family Residential, as follows:
a. The property legally described below is
hereby conditionally reclassified from its present
classification of RS-5, Low Density Single-Family
Residential to RS-8, Medium Density Single-
Family Residential:
BEGINNING AT THE NORTHWEST
CORNER OF THE SOUTHEAST QUARTER
OF THE FRACTIONAL SECTION 7,
TOWNSHIP 79 NORTH, RANGE 5 WEST
OF THE FIFTH PRINCIPAL MERIDIAN,
IOWA CITY, JOHNSON COUNTY, IOWA:
THENCE N90°00'00"E, ALONG THE
NORTH LINE OF THE SOUTHEAST
QUARTER AND THE CENTERLINE OF
LOWER WEST BRANCH ROAD SE, 769.10
FEET; THENCE S00°29'08"E 1,574.57
FEET; THENCE S78°01'44'~/V, 71.29 FEET;
THENCE S66°32'35"W, 111.74 FEET;
THENCE S89°26'34"W, 192.41 FEET;
THENCE N12°33'05"W, 90.93 FEET:
THENCE N36°32'34"W, 90.93 FEET;
THENCE N48°32'03"W, 70.25 FEET;
THENCE S22°33'33"W, 713.11 FEET, TO A
POINT ON THE WEST LINE OF SAID
SOUTHEAST QUARTER; THENCE
N00°29'08"W, 2,085.94 FEET, TO THE
POINT OF BEGINNING. SAID TRACT OF
LAND CONTAINS 29.1 ACRES, AND IS
SUBJECT TO EASEMENTS AND RE-
STRICTIONS OF RECORD.
b. The property legally described below is
hereby conditionally reclassified from its present
classification of RS-5, Low Density Single-Family
Residential, to RM-12, Low Density Multi-
Residential:
COMMENCING AT THE NORTH-
WEST CORNER OF THE SOUTHEAST
Ordinance No.
Page 3
98-3832
QUARTER OF THE FRACTIONAL SEC-
TION 7, TOWNSHIP 79 NORTH, RANGE 5
WEST OF THE FIFTH PRINCIPAL ME-
RIDIAN, IOWA CITY, JOHNSON COUNTY,
IOWA; THENCE S00°29'08"E, ALONG THE
WEST LINE OF SAID SOUTHEAST
QUARTER, 2,085.94 FEET,
POINT OF
N22°33'33"E
S48°32'03"E
S36°32'34"E
S12°33'05"E
N89°26'34"E
N66°32'35"E
N78°01'44"E
S00°29'08"E
TO THE
BEGINNING. THENCE
713.11 FEET; THENCE
70.25 FEET; THENCE
90.93 FEET; THENCE
90.93 FEET; THENCE
192.41 FEET; THENCE
111.74 FEET; THENCE
71.29 FEET; THENCE
722.27 FEET; THENCE
SOUTHWESTERLY 592.02 FEET, ALONG
A 2,886.05 FOOT RADIUS CURVE, CON-
CAVE SOUTHEASTERLY, WHOSE 590.98
FOOT CHORD BEARS S85°34'06"W;
THENCE S79°41'30"W, 182.16 FEET, TO A
POINT ON THE WEST LINE OF SAID
SOUTHEAST QUARTER; THENCE
N00°29'08"W, ALONG SAID WEST LINE
289.17 FEET, TO THE POINT OF BEGIN-
NING. SAID TRACT OF LAND CONTAINS
11.9 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF
RECORD.
SECTION II. ZONING MAP. The building of-
ficial 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 pas-
sage, approval and publication of this ordinance
as provided by law.
SECTION III. CONDITIONAL ZONING
AGREEMENT. Following final passage and ap-
proval of this ordinance, the Mayor is hereby
authorized and directed to sign, and City Clerk to
attest, the attached Conditional Zoning Agree-
ment between the Applicant and the City.
SECTION IV. CERTIFICATION AND RE-
CORDING. Upon passage and approval of this
Ordinance, and after execution of the attacjed
Conditional Zoning Agreement, the City Clerk is
hereby authorized and directed to certify a copy
of this Ordinance and the Conditional Zoning
Agreement for recordation in the Office of the Re-
corder, Johnson County, Iowa, at the Applicant's
expense, all is 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 Vl, SEVERABILITY. If any sec-
tion, provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the Or-
Ordinance No.
Page 4
98-3832
dinance as a whole or any section, provision or
part thereof not adjudged invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Or-
dinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 12th day of
Ma.y ,19 98
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomberry
X Vanderhoef
O'Donnell
that the
First Consideration 4/7 / 98
Vote for passage: AYES: Norton, 0'Donnell, Thornberry, Vanderhoef,
Champion, Kubby, Lehman. NAYS: None. ABSENT: None.
Second Consideration 4/28/98
Vote for passage: AYES: Kubby, Lehman, Norton, 0'Donnell,
Thornberry, Vanderhoef, Champion. NAYS: None. ABSENT: None.
Date published 5/20/ 98
Prepared by: Scott G. Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City), and Arlington L.C. (hereinafter "Applicant").
WHEREAS, the applicant, Arlington, L.C. is owner and legal title holder of property located
between Lower West Branch Road and Court Street extended, approximately 4/5 miles west of
Taft Avenue; and
WHEREAS, the applicant has requested that the City rezone approximately 41 acres located
between Lower West Branch Road and Court Street extended, approximately 4/5 of a mile west
of Taft Avenue, from RS-5, Low Density Single-Family Residential to RS-8, Medium Density
Single-Family Residential (29.1 acres) and RM-12, Low Density Multi-Family Residential (11.9
acres); and
WHEREAS, the Planning and Zoning Commission has reviewed the request and finds that,
provided that necessary infrastructure is installed and that the neighborhood design concepts
included in the Comprehensive Plan are adhered to in the design of the development, the request
is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code {}414.5 (1997) 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 acknowledges that certain conditions and restrictions are reasonable to
ensure that adequate infrastructure is provided by the applicant for the development and that the
development is in substantial conformance with the neighborhood design concepts as contained
in the Comprehensive Plan; and
WHEREAS, the applicant has agreed to develop the property in accordance with the terms and
conditions of a Conditional Zoning Agreement which outlines the applicant's obligations with
regard to the adequate provision of infrastructure, including the extension of Court Street, and
specifies the need for a future planned development housing overlay (OPDH) rezoning of the
property to assure the development of the property in accordance with the neighborhood design
concepts as contained in the Comprehensive Plan.
NOW, THEREFORE, in consideration of mutual covenants and promises contained herein, the
Parties agree as follows:
Arlington, L.C. is the owner and legal title holder of property located between Lower
West Branch Road and Court Street extended, approximately 4/5 miles west of Taft
Avenue, which property is more particularly described as follows:
Parcel A (RS-8) Parcel:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST
QUARTER OF THE FRACTIONAL SECTION 7, TOWNSHIP 79 NORTH,
RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA: THENCE N90°00'00"E, ALONG THE NORTH LINE
OF THE SOUTHEAST QUARTER AND THE CENTERLINE OF LOWER WEST
BRANCH ROAD SE, 769.10 FEET; THENCE S00°29'08"E 1,574.57 FEET;
THENCE S78°01'44"W, 71.29 FEET; THENCE S66°32'35"W, 111.74 FEET;
THENCE S89°26'34"W, 192.41 FEET; THENCE N12°33'05"W, 90.93 FEET:
THENCE N36°32'34"W, 90.93 FEET; THENCE N48°32'03"W, 70.25 FEET;
THENCE S22°33'33"W, 713.11 FEET, TO A POINT ON THE WEST LINE OF
SAID SOUTHEAST QUARTER; THENCE N00°29'08"W, 2,085.94 FEET, TO
THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 29.1 ACRES,
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Parcel B (RM-12 Parcel):
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST
QUARTER OF THE FRACTIONAL SECTION 7, TOWNSHIP 79 NORTH,
RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00°29'08"E, ALONG THE WEST LINE
OF SAID SOUTHEAST QUARTER, 2,085.94 FEET, TO THE POINT OF
BEGINNING. THENCE N22°33'33"E, 713.11 FEET; THENCE S48°32'03"E,
70.25 FEET; THENCE S36°32'34"E, 90.93 FEET; THENCE S12°33'05"E, 90.93
FEET; THENCE N89°26'34"E, 192.41 FEET; THENCE N66°32'35"E,
111.74 FEET; THENCE N78°01'44"E, 71.29 FEET; THENCE S00°29'08"E,
722.27 FEET; THENCE SOUTHWESTERLY 592.02 FEET, ALONG A 2,886.05
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 590.98 FOOT
CHORD BEARS S85°34'06"W; THENCE S79°41'30"W, 182.16 FEET, TO A
POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE
N00°29'08"W, ALONG SAID WEST LINE 289.17 FEET, TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINS 11.9 ACRES, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Applicant acknowledges and agrees that the City wishes to satisfy public needs directly
caused by the requested change by ensuring that adequate infrastructure is provided for
the proposed development, and by ensuring that the development conforms to the
neighborhood design concepts contained in the Comprehensive Plan. Therefore, the
Applicant agrees to certain conditions over and above City regulations as detailed
below.
In consideration of the City's changing the zoning designation on the subject property,
Applicant agrees that development of the subject property will conform to all of the
requirements of the applicable zones a~ well as the following ~dditional conditions:
ao
Upon the City's completion of the extension of Court Street to the west boundary
line of the above-described property, the applicant shall be responsible for all
construction of and expense associated with extending said arterial street and its
associated infrastructure, including but not limited to, grading, paving, water
main, storm water drainage and sewer, sanitary sewer, landscaping and
electrical, to the east property line of the above-described property prior to the
issuance of any building permit on the subject property. The parties agree that
the obligation to construct said Court Street extension and install the
infrastructure herein shall be in accordance with the City's specifications, and the
Applicant shall not be deemed acting as the City's agent during the original
construction and installation of said extension and infrastructure. Further,
nothing in this agreement shall be construed to impose any requirement on the
City to construct and install the extension and infrastructure at issue herein.
Lastly, the parties agree that the obligation to construct the extension and install
the infrastructure described herein shall remain on the Applicant or its successor
in interest, and be a lien on the above-described property until completion by the
Applicant or its successor in interest, and until acceptance by the City, as
provided by law.
Prior to any development on the subject property, the applicant shall submit and
obtain approval of Planned Development Housing Overlay (OPDH) rezoning
applications for each zoning parcel. Development plans associated with these
applications shall be prepared and reviewed based on the neighborhood design
concepts contained in the Comprehensive Plan.
o
The Applicant acknowledges and agrees that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code § 414.5 (1997), and that
said conditions satisfy public needs which are directly caused by the requested zoning
change.
The Applicant acknowledges and agrees 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 and agree 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.
°
Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the 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 at the Applicant's expense.
/~¥~' dayof ~//~ ,1998.
Dated this
ARLIN~L.C. _,
CITY OF IOWA CITY
Ernest W. Lehman, Mayor
Attest: ~ ~- ~
Mahian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /,2-'"x" day of
, 19 ~7~ , before me,
Notary Public in and for the State of
Iowa, personally appeared Ernest W. Lehman 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 (Ordinance) (P,~solution) No. '~<~- 3~'.~ ~ passed
by the City Council, on the /,~.¢2,. day of ~"/~_z~ , 19 ~ ~ , and that
Ernest W. Lehman and Marian K. Karr acknowledged the ekecution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ '-,z, day of ~ ~<-', \
Notary Public in and for the State of Iowa
, A.D. 19 ~[', before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Gary Watts to me personally
known, who, being by me duly sworn, did say that he are the in 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
~o,~\ ~.x3~,'~-~> and --------~ . as such officers acknowledged the
execLTd'on of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Not~'ry-Pub~ in and for said County and State
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ;~,.t._, day of ~'~ ~"~. , A.D. 19 ~,% , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared John Moreland to me personally
known, who, being by me duly sworn, did say that he are the in 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
-'-~--. ~,'~,., ~,~-~\~,~)..._ and ~ as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
No['aTT-Public in and for said County and State
Prepared by: Scott G. Kugler, Assoc. Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO. 98-3833
ORDINANCE AMENDING THE ZONING CHAP-
TER BY CHANGING THE ZONING DESIGNA-
TION FOR APPROXIMATELY 66.68 ACRES
LOCATED AT THE NORTH TERMINUS OF
KENNEDY PARKWAY BY APPROVING A NEW
PRELIMINARY PLANNED DEVELOPMENT
HOUSING (OPDH) PLAN FOR PARTS 6 AND 7
OF WALNUT RIDGE, IOWA CITY, IOWA.
WHEREAS, the applicant, Southgate Develop-
ment Co. on behalf of property owners Dorothy J.
Kisner & John W. and Barbara Kennedy, have re-
quested that the City rezone approximately 66.68
acres of property located at the north terminus of
Kennedy Parkway by approving a new Pre-
liminary Planned Development Housing (OPDH)
plan for Parts 6 and 7 of Walnut Ridge, Iowa City,
Iowa; and
WHEREAS, the proposed rezoning will allow
residential development on the subject property
similar in character to that which exists on adja-
cent properties; and
WHEREAS, the Department of Planning and
Community Development and the Planning and
Zoning Commission have reviewed the proposed
rezoning and Planned Development Housing
(OPDH) plan and recommend approval; and
WHEREAS, it is the intent of the Council that the
property remain subject to the terms and condi-
tions of the Conditional Zoning Agreement ap-
proved on January 8, 1991 by Ordinance 91-
3485, and recorded in Book 1197, Page 107 of
the Johnson County Recorder's Office.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The following property
located in the Planned Development Housing
Overlay Zone (PDH-1), is hereby rezoned subject
to the terms and conditions of the Conditional
Zoning Agreement previously approved on Janu-
ary 8, 1991 by Ordinance 91-3485, and recorded
in Book 1197, Page 107 of the Johnson County
Recorder's Office, and subject to an updated pre-
liminary Planned Development Housing (OPDH)
plan:
Commencing at the Southwest Corner of
the Southeast Quarter of the Southwest
Ordinance No. 98-3833
Page 2
Fractional Quarter, of Section 7,
Township 79 North, Range 6 West, of
the Fifth Principal Meridian; Thence
N00°23'09"E, along the West Line of the
East One-Half of the West Fractional
One-Half of said Section 7, 2981.61 feet,
to the Point of Beginning; Thence
continuing N00°23'09"E, along said
West Line, 2321.80 feet, to the
Northwest Corner, of the Northeast
Quarter, of the Northwest Fractional
Quarter, of said Section 7; Thence
N88°30'17"E, along the North Line of
said Northeast Quarter of the Northwest
Fractional Quarter, 1320.00 feet, to the
Northeast Corner thereof; Thence
S00°22'54'~N, along the East Line of
said East One-Half of the West
Fractional One-Half of said Section 7,
2259.44 feet; Thence N89°37'06'~/,
129.48 feet; Thence N83°38'19"E, 60.08
feet; Thence N78°39'30"W, 443.62 feet;
Thence S81°20'49"W, 239.43 feet;
Thence S69°05'17'~/, 491.81 feet, to
the Point of Beginning. Said tract of land
contains 66.68 Acres, more or less, and
is subject to easements and restrictions
of record.
SECTION II. VARIATIONS. The following
variations from the requirements of the RR-1
zone have been approved as part of this revised
preliminary PDH plan:
A. Reduction of the right-of-way width of
Kennedy Parkway, a collector street, from
66 feet to a minimum of 60 feet.
B. Modification of the City's street standards
and specifications for collector streets to
permit a pavement width of 28 feet, back of
curb to back of curb, for the undivided
portions of Kennedy Parkway. Where the
two lanes of this street are separated by
vegetative islands, each of the divided lanes
shall be a minimum of 22 feet back of curb
to back of curb.
C. Reduction of the pavement width for all other
streets from 28 feet to 25 feet, back of curb
to back of curb.
D. Reduction of the pavement width for all
cul-de-sac loops to a minimum of 22 feet,
back of curb to back of curb.
E. No provision for public sidewalks adjacent to
streets within the subdivision, except
Kennedy Parkway.
F. Kennedy Parkway shall have a four foot
wide sidewalk, constructed by the
developer, on only one side of the proposed
right-of-way. This walk shall be continuous
from a point on Melrose Avenue to the point
where Kennedy Parkway intersects the west
Ordinance No. 98-3833
Page 3
boundary of the subdivision.
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 Ordi-
nance as provided by law.
SECTION IV. CERTIFICATION AND RE-
CORDING. After passage and approval of the
Ordinance, the City Clerk is hereby authorized
and directed to certify a copy of this Ordinance for
recordation in the Office of the County Recorder
of Johnson County, Iowa, at the Applicant's ex-
pense, all as provided by law.
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 ad-
judged to be invalid or unconstitutional, such ad-
judication shall not affect the validity of the Ordi-
nance as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage, ap-
proval and publication, as provided by law.
Passed and approved this ]?th day of
,1998. .,~
CI'FWGLERK
It was moved by Thornberry and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
X Thomberry
X Vanderhoef
O'Donnell
that the
First Consideration 4/7/98
Vote for passage: AYES: Thornberr~v,
Lehman, Norton, 0'Donne]]. NAYS: None.
Vanderhoef, Champion,
ABSENT: None.
Kubby,
Second Consideration 4/28/98
Vote for passage: AYES: Champion, Kubb.y,
Ttlornberry, Vanderhoef. NAYS: None. ABSENT:
Date published 5/20/98
Lehman,
None.
Norton, O'Donnell,