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HomeMy Public PortalAboutOrdinances-1996-253 CITY OF TIFFIN ORDINANCE NO. 2 0 0 2-2 5 3 AN ORDINANCE AMENDING ORDINANCE NO. 1996-209 (SIDEWALK REGULATIONS) OF THE MUNICIPAL CODE OF TIFFIN, IOWA TO MAKE PROVISION FOR CONSTRUCTION OF SIDEWALKS. BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: Section 1. Purpose. The purpose of this ordinance is to amend Ordinance No. 1996-209,.by adding Section,8 Sidewalk Construction Ordered in order to make provision for the construction of a permanent sidewalk upon any street or court in the City Section 2. Amendment. An Amendment to Tiffin Ordinance No. 1996-209 (Sidewalk Regulations),as follows: City of Tiffin Ordinance No. 1996-209 hereby adds the following as Section No. 8 immediately following Section 7(B)(11) and correction is made to the renumber.the sections labeled Repealer, Severability,and Effective Date as No.9,No. 10, and No. 11,respectively: Section 8. Sidewalk Construction Ordered. The City may order the construction of permanent sidewalks upon any right-of-way in the City and may specially assess the cost of such improvement to the abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa. However, when pertaining to subdivision sidewalk improvement installations,the following shall apply: The City shall not order any owner or subdivider to construct permanent sidewalks upon any right-of-way for a period of up to one year from the approval of the final subdivision plat or not before such time as the owner or subdivider has sold 75 percent of the lots in the subdivision, whichever may occur first. This shall not exempt the subdivider or owner from any requirements of the Subdivision Ordinance, including but not limited to, any requirement of a surety bond or escrow agreement or requirements involved with the transference of a lot without constructing improvements (see Subdivision Ordinance Sections 1.04,3.05, 5.10 5.11,5.12,5.13) Section 3. Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Page 1 of 3 S:\Clients\Cities\Tiffin\ORDINANCES\SIDEWALK CONSTRUCTION ORDERED.doc Last printed 05/22/02 10:40 AM kd 2002-253 Page 2 Section 5. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or uncori'stitutional, 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 6. Effective Date. This ordinance shall be in effect after its final passage, approval,and posting as provided by law. On the 8th day of May 2002, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Di ls introduced Ordinance No.2 0 0 2-2 5 3 , and moved that it be given its first reading. The motion was seconded by Councilperson Gericke Ayes: Gericke, Bartels, Dils and Shaffer Nays: None. Absent: Walls polfflembers of the council being present and having voted "Aye",Mayor Glenn R. Potter declared the motion carried, and Ordinance No.2 0 0 2-2 5 3 , was read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Shaffer and seconded by Councilperson Bartels that the laws and rulesproviding that ordinances 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 and dispensed with and that Ordinance No. 2002-253 be placed on its last reading. Ayes: Dils, Bartels, Shaffer, Gericke Nays: None. Absent: Walls Fo4iembers of the council being present and having voted "Aye",Mayor Glenn R.Potter declared the motion carried, and Ordinance N0.2 0 02-253 , was then placed on its last reading and was read the last time. Thereupon, it was moved by Councilperson Gericke and seconded by Councilperson Bartels that Ordinance Not 0 0 2-2 5 3 be placed upon its final passage and adopted. Ayes: Shaffer, Gericke, Bartels, and Dils Nays: None. Absent: Walls Fol}fiembers of the council being present and having voted "Aye",Mayor Glenn R.Potter declared the motion carried, and the ordinance was passed and adopted. Whereupon the mayor declared that Ordinance No. 2 0 0 2-253 be adopted and signified his approval of same by fixing his signature thereto. Page 2 of 3 S:\Clients\Cities\Tiffin\ORDINANCES\SIDEWALK CONSTRUCTION ORDERED.doc Last printed 05/22/02 10:40 AM kd 2002-253 Page 3 Passed by the council on the 8th day of May 2002 and approved by the mayor on the 8th day of May 2002. d .7;A GLENN R. POTTER,Mayor A'11111".1 T: 12 B. ' ' 11 ,City Clerk I, -rk of the City of Tiffin, Iowa, state that an ordinance entitled: AN ORDINANCE ENDING ORDINANCE NO. 1996-209 (SIDEWALK REGULATIONS) OF THE MUNICIPAL CODE OF TIFFIN, IOWA TO MAKE PROVISION FOR CONSTRUCTION OF SIDEWALKS and known as No.2 0 0 2-2 5 3 was duly passed by the council on the 8th day of May 2002, and signed by the mayor on the 8th day of May 2002, and published on the 2 3rd day of May 2002, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2002-253 in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin • � T B. ' " 47,City Clerk Page 3 of 3 S:\Clients\Cities\Tiffin\ORDINANCES\SIDEWALK CONSTRUCTION ORDERED.doc Last printed 05/22/02 10:40 AM kd