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HomeMy WebLinkAbout2012-07-10 OrdinancePrepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 4f ORDINANCE NO. AN ORDINANCE VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed - use building; and WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the Dubuque Street public right -of -way in City Plaza that extends along the west property line of the subject property and a 4' x 56' foot section of public right -of -way in Blackhawk Park that extends along the north property line of the subject property to allow the top 13 floors of the proposed 14- story building to cantilever four feet over the public right -of -way; and WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business District; and WHEREAS, an economic development goal for the City is to provide new employment opportunities in the Downtown area and lack of available Class A office space has been identified as an impediment to achieving this goal; and WHEREAS, it is an economic development goal for the City to provide opportunities for high quality residential apartments and condominiums in the downtown area to attract permanent residents that will support a variety of businesses in the central business district and allow residents to live close to employment, shopping and other services in an urban environment; WHEREAS, the vacation will allow enough additional living space in the residential units to allow for balconies to be recessed with the building wall, which will create a more aesthetically pleasing building design and more usable outdoor space for tenants without sacrificing quality interior living space needed to attract permanent residents to Downtown; and WHEREAS, the vacation of air rights will provide for a superior overall design of the building; and WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly main floor retail space on a very constrained building site; and WHEREAS, the vacation of air rights will maximize the amount of Class A office space on levels 2, 3 and 4; and WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels and make the residential floor plans far more functional and marketable for long -term residents; and WHEREAS, given the short length of the building wall along the main pedestrian route within City Plaza (only 40 feet), the relatively minor depth of the cantilever (only four feet), and the approximate height (approximately 17 feet) at which the cantilever is proposed will be sufficient to prevent a dark, tunnel -like environment at the pedestrian level, which might otherwise result if allowed for a building with a larger footprint; and WHEREAS, given the small size of the building footprint combined with the fact that the subject property does not directly abut other buildings along Dubuque Street, the impacts on light, air and views along City Plaza and Blackhawk Park will be minor, and will not unduly block views of adjacent businesses or any important vistas within the community; and WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City Council approve vacating air rights within the public right -of -way along the north and west lot lines of the property at 114 South Dubuque Street as described below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION AND CONVEYANCE. The City of Iowa City hereby vacates and conveys to Central Park L.L.C. air rights to that portion of public right -of -way starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the public right -of -way Ordinance No. Page 2 that extends along the west property line of the property at 114 South Dubuque and a 4' x 56' section of public right -of -way in Blackhawk Park that extends along the north property line of the property at 114 South Dubuque, as illustrated below and as legally described below: N Tn Lu d 03 QI 0 BLACKHAWKir .. �_...._......:.. PARK ALLEY PP.CPERTYUNE - PLAN --- -- _ - - --- V _0. All those air rights and all of the air space above a plane elevation of 16 feet 8 inches (16' 8 ") above existing grade over and above the following described real property located in Johnson County, Iowa, to wit: Commencing at the southwest corner of Lot 4 in Block 65, in Iowa City, Iowa, according to the recorded plat thereof, which point is the Point of Beginning; thence north 40 feet along the west line of said Lot 4; thence east 59 feet, 9 % inches along the north line of said Lot 4; thence north 4 feet; thence west 63 feet, 9 % inches on a line parallel with the north line of said Lot 4; thence south 44 feet on a line parallel with the west line of said Lot 4; thence east 4 feet to the Point of Beginning 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 in effect after its final passage, approval and publication, as provided by law. I Ordinance No. Page 3 SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have the effect of conveying the above - described land to Central Park L.L.C. pursuant to Iowa Code Section 354.23. SECTION VI. CONSIDERATION. This vacation and conveyance is being made in consideration for $31,795. Passed and approved this day of 2012. MAYOR: Matt Hayek ATTEST: CITY CLERK Applied r ity Attor ey's , ce 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 6/19/2012 Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Champion. NAYS: Hayek, Throgmorton. ABSENT: None. Second Consideration 7110/2012 Voteforpassage: AYES: Mims, Payne, Champion, Dickens, Dobyns. NAYS: Throgmorton, Hayek. ABSENT: None. Date published [e,_ Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ09- 00003) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS- 12) ZONE. (REZ09- 00003) WHEREAS, the applicant, Southgate Development Company, has requested a rezoning of Lot 79 of Walden Wood Subdivision, Part 7, located on Walden Road west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone; and WHEREAS, the Comprehensive Plan's guidelines for new neighborhoods encourages the development of compact neighborhoods in close proximity to services and amenities; WHEREAS, the Southwest District Plan identifies this property as appropriate for single family or duplex residential development, but also states that the property will require careful design due to its topographic conditions and the unusual shape and size of the property; WHEREAS, the applicant has proposed townhouse -style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the proposed lot layout allows vehicle access to all the dwelling units via a rear drive from Walden Road, making it unnecessary for additional access from Mormon Trek Boulevard, an arterial street; and . WHEREAS, storm water run -off from this sloping site has caused drainage problems for adjacent properties to the south and the proposed concept plan for clustering the dwelling units along the street frontages will provide more room on the site for appropriate storm water detention facilities that will improve drainage; and WHEREAS, there is limited on- street parking on adjacent streets that may not be adequate to meet the needs for visitor parking for the increased density allowed by this rezoning unless additional visitor parking is provided on site; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets City standards; and WHEREAS, Iowa Code Section 414.5 (2011) 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 caused by the rezoning request; and WHEREAS, the applicantlowner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this property complies with the Comprehensive Plan and addresses concerns regarding residential clustering, storm water management, vehicular access, and adequate off - street parking. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property legally described as Lot 79, Walden Wood Part 7, is hereby reclassified from its current zoning designation of Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone. SECTION II. 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 by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City 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 by law. Ordinance No. Page 2 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 publication, as provided by law. Passed and approved this day of , 2012. MAYOR ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/10/2012 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ09 -00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'l, and Walden Wood Lot 79 LLC (hereinafter "Owner'l. WHEREAS, Owner is the legal title holder of approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard; and WHEREAS, the Owner has requested rezoning of said property from Medium - Density Single - Family Residential (RS -8) zone to High - Density Single - Family Residential (RS -12) zone; and WHEREAS, the applicant has proposed townhouse- style, attached single family dwellings and has proposed clustering the dwellings along Mormon Trek Boulevard and Walden Road in order to provide dwellings that have a residential presence along the street frontages on this property that is unusually shaped with limited street frontage; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that any future subdivision plat substantially complies with the proposed lot layout with townhouse style, attached single - family dwellings that present an attractive residential appearance along the street frontages, a rear drive with access limited to Walden Road, adequate on -site visitor parking to prevent congestion along neighboring streets; and storm water management that meets approval of the City Engineer; and WHEREAS, Iowa Code §414.5, as amended, 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 caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the Southwest District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Southgate Development Company is the legal title holder of the property legally described as LOT 79, WALDEN WOOD PART 7 IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; SAID PARCEL CONTAINING 4.29 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5, as amended, provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. Inconsideration of the City's rezoning the subject property, Owner agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. At the time of development, the storm water management system will be designed and constructed in accordance with the design approved by the City Engineer,, including the required detention and outlet criteria. b. At the time of development, the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties. c. Development will be in general compliance with the submitted concept plan regarding site layout, lot configuration, and building orientation. d. Vehicular access to all of the units shall be from a rear lane that connects to Walden Road. e. No direct vehicular access shall be allowed from Mormon Trek Boulevard. f. At the time of development, a minimum of six visitor parking spaces will be provided along the rear lane near the units that front on Mormon Trek Boulevard and each dwelling unit shall include a 2-car garage located behind the unit with access provided from the rear lane. 7. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5, as amended, and that said conditions satisfy public needs that are caused by the requested zoning change. 8. The Owner and City 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. 9. 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 N and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. The Owneracknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 11. 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. Dated this _ day of July, 2012. CITY OF IOWA CITY WALDEN WOOD LOT 79 LLC By:Southgate Development Services, L.L.C. Matthew Hayek, Mayor B : J T. Braverman, Presiden Attest: Marian K. Karr, City Clerk App owed i City Atto ey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation 3 executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 9 day of July, 2012 by Joseph T. Braverman, President of Southgate Development Se ices, L.L.C., Manager of Walden Wood Lot 79 LLC. .. �..�� Notary Public in and for said County and State �� ♦y.. R. IN ' -iiii 4 �e Prepared by: Andrew Bassman, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (31 ) 356 -5230 (REZ09- 00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a un' 'ipal corporation (hereinafter "City "), and Sou to Development Company (hereinafter " wn r "). WHEREAS, Owner is tf a legal title holder of approximat y 29 acres of property located on Walden Road, west o l Mormon Trek Boulevard; and WHEREAS, the Owner h s requested rezoning of sa' operty from Medium - Density Single - Family Residential (RS -8) ne to High- Density Singl mily Residential (RS -12) zone; and WHEREAS, the applicant has proposed tow use - style, attached single family dwellings and has proposed clusteri g the dwellings alo ormon Trek Boulevard and Walden Road in order to provide dwellings t at have a resid ti I presence along the street frontages on this property that is unusually shap d with limited r et frontage; and WHEREAS, the Planning and and determined that it complies with subdivision plat substantially complies attached single - family dwellings that p street frontages, a rear drive with acc parking to prevent congestion along n� meets City standards; and ling C i%'sion has reviewed the proposed rezoning the gfehensive Plan provided that any future wit t e,.proposed lot layout with townhouse style, s n an attractive residential appearance along the mated to Walden Road, adequate on -site visitor g Bring streets; and storm water management that r WHEREAS, Iowa Co/on , as impose reasonable conditio nting existing regulations, in order public n WHEREAS, the Ownowledge reasonable to ensure the dnt of the Plan and the Southwest Dist and nded, provides that the City of Iowa City may applicant's rezoning request, over and above ds caused by the requested change; and that certain conditions and restrictions are roperty is consistent with the Comprehensive WHEREAS, the Owner Arees to develop this roperty in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE,,/'in consideration of the mut al promises contained herein, the parties agree as follows: f r I 1. Southgate / Development Company is the egal title holder of the property legally described' as LOT 79, WALDEN WOOD ART 7 IN THE CITY OF IOWA CITY, JOHNS,6N COUNTY, IOWA; SAID PARCEL ONTAINING 4.29 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF REC RD. 2. Thr,Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5, as amended, provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested 1 change. 3. In consideration of the City's rezoning the subject property, Owner agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. At the time of d velopment, the storm water, management system will be designed and constructe in accordance with the pity's Engineering Design Standards, including the req red detention and outlet criteria. b. At the time of development, the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties. e" c. Development will be in general comViiance with the submitted concept plan regarding site layout, lot configuration, nd building orientation. d. Vehicular access to alh of the units hall be from a rear lane that connects to Walden Road. e. No direct vehicular acces s shall be Ilowed from Mormon Trek Boulevard. f. At the time of development, a inimum of six visitor parking spaces will be provided along the rear lane ne the units that front on Mormon Trek Boulevard and each dwelling unit shale in ude a 2 -car garage located behind the unit with access provided from the reak I ne. 4. The Owner and City acknowledge 'fit the conditions contained herein are reasonable conditions to impose on the land nde� Iowa Code §414.5, as amended, and that said conditions satisfy public needs th are aused by the requested zoning change. 5. The Owner and City acknowle a that Athe event the subject property is transferred, sold, redeveloped, or subdivid d, all rede elopment will conform with the terms of this Conditional Zoning Agreemen . 6. The parties acknowledge that this Condition \hall Agreement shall be deemed to be a covenant running with the land and with tiland, and shall remain in full force and effect as a covenant with title to the lan or until released of record by the City of Iowa City. The parties further acknowledge that this agrll inure to the benefit of and bind all successors, repres ePtatives, and assigns rties. 7. The Owner acknowledge(s) that nothing in itional Zoning Agreement shall be construed to relieve /the Owner or Applicaomplying with all other applicable local, state, and federal regulations. r 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into tl 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. Dated this day of , 2012. CITY OF IOWA CITY 2 Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: ity Attor ey' ffi a CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on and Marian K. Karr, as Mayor and City CORPORATE ACKNOWLEDGEMENT: � STATE OF IOWA ) ' ss: JOHNSON COUNTY ) F This instrument was acknowledged before as By: in 2011 by Matthew Hayek , of the City of Iowa City. ry Public in and for the State of Iowa p or Seal) (and Rank) - °- Notary Publ on (Stamp or Seal) Title (and Rank) 3 2011 by of , Inc. and for said County and State • VAC12- 00003: Vacating air rights within the public right - of -way located adjacent to the property at 114 South Dubuque Street. Date: June 21St, 2012 To: City Manager CITY OF IOWA CITY MEMORANDUM From: John Yapp; Transportation Planner Re: School speed limit changes with the closure of Roosevelt Elementary and the opening of Borlaug Elementary — July 10th, 2011, City Council meeting Introduction: This ordinance amendment is due to the June 2012 closure of the Roosevelt Elementary School located on Greenwood Drive and the August 2012 opening of Borlaug Elementary School on Kennedy Parkway. Background: This ordinance amendment rescinds the school zone speed limit of 20 miles per hour on Benton Street from Benton Drive to Hudson Avenue and implements a school zone speed limit of 20 mph for Borlaug Elementary on Kennedy Parkway from Camp Cardinal Boulevard to Camp Cardinal Place. Discussion of Solution: The proposed amendments are recommended by the Iowa City Community School District. speed limits amongst elementary school area where no longer necessary. Recommendation: in light of elementary school changes facilitated This action will ensure there is consistency in and will remove 20 mph school speed zones Staff requests consideration of this ordinance at the July 10th, 2012 City Council meeting. Staff requests expedited consideration of this ordinance at the July 31St City Council meeting to allow the signs to be implemented before the fall 2012 semester starts. Prepared by: Darian Nagle -Gamm, Traffic Engineering Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND REPEAL THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY WHEREAS, it is in the best interest of the City to define maximum allowable speeds for vehicles on public streets and highways; WHEREAS, the Iowa City Community School District has closed Roosevelt Elementary as of June 2012 and will open Borlaug Elementary in August of 2012; and WHEREAS, City Code Section 9- 3 -6(C) currently defines 20 MPH school speed zones for streets near for elementary schools; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled 'Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section C, entitled "School Speed Zones" is hereby amended by deleting the following language: Name of Street Where Limit Applies Benton Street From Benton Drive to Hudson Avenue and adding the following language: Name of Street Where Limit Applies Kennedy Parkway From Camp Cardinal Boulevard to Camp Cardinal Place 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. Passed and approved this day of 12012. MAYOR ATTEST: CITY CLERK Approved: City Attorney Page 1 of 1 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 7/10/2012 Vote for passage: AYES: Dobyns. Second Consideration _ Vote for passage: Date published Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Hayek, Mims, Payne, Throgmorton, Champion, Dickens, NAYS: None. ABSENT: None.