CITY OF SWISHER

ORDINANCE NO. 205

 

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE MUNICIPAL CODE OF SWISHER, IOWA, REGARDING PROPERTY OWNED BY RHINEHART LLC (21.31 ACRES) TO SWISHER, IOWA.

 

BE IT ENACTED BY THE CITY COUNCIL OF SWISHER, IOWA:

 

Section 1.    Purpose.  The purpose of this ordinance is to amend the official zoning map of the Municipal Code of Swisher, Iowa, concerning the property as described as: 

 

COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 80 NORTH, RANGE 7 WEST OF THE 5TH PM, SWISHER, JOHNSON COUNTY, IOWA; THENCE N00º28'53"E, ALONG THE WEST LINE OF THE SAID SOUTH- EAST QUARTER OF THE SOUTHEAST QUARTER, 481.35 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00º28'53"E, ALONG SAID WEST LINE, 837.99 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S89º59'54"E, ALONG THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 940.50 FEET; THENCE S42º46'00"E, 88.42 FEET; THENCE SOUTHEASTERLY 164.09 FEET, ALONG AN ARC OF A 330.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 162.40 FOOT CHORD BEARS S28º31'19"E; THENCE SOUTHWESTERLY 616.63 FEET, ALONG AN ARC OF A 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY WHOSE 606.90 FOOT CHORD BEARS S03º23'17"W; THENCE SOUTH- WESTERLY 260.02 FEET, ALONG AN ARC OF A 250.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 248.45 FOOT CHORD BEARS S50º50'56"W; THENCE NORTHWESTERLY 48.35 FEET, ALONG AN ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE 48.34 FOOT CHORD BEARS N08º32'30"W; THENCE S78º41'17"W, 172.00 FEET; THENCE N17ºE29'20"W, 70.58 FEET; THENCE N29º41'31"W, 70.60 FEET; THENCE N37º56'55"W, 89.78 FEET; THENCE S62º35'27"W, 64.50 FEET; THENCE S71º22'28"W, 102.92 FEET; THENCE S79º57'25"W, 98.21 FEET; THENCE S88º04'50"W, 97.93 FEET; THENCE N89º31'07"W, 220.00 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 21.31 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.               

                            

Section 2.    Amendment.

                  

                   The legally described property listed above :

 

Shall be zoned classification to 12RS-Residential Single Family.

 

AND FURTHER, that the official zoning map of the City be amended to reflect the change described herein.

 

Section 3.    Repealer.  All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

 

Section 4.    Severability.  If any section, provision, or part of this 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 5.    Effective Date.  This ordinance shall be in effect after its final passage, approval, and posting as provided by law.

 

On the 13th day of February, 2006 at a regular meeting of the Swisher City Council, Swisher, Iowa, Councilperson G. Svec introduced Ordinance No.205 and moved that it be given its first reading.  The motion was seconded by Councilperson L. Svec.

Ayes: K. Feldman, B. Hoss, T. Perkins, G. Svec, L. Svec

Nayes:  None.

Absent:   None.

 

5 members of the council being present and having voted “Aye”, Mayor Scott Grabe declared the motion carried, and Ordinance No. 205, was read the first time and discussed and placed on record.

 

Thereupon, it was moved by Councilperson K. Feldman and seconded by Councilperson B. Hoss that the laws and rules providing 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. 205 be placed on its last reading.

Ayes:  K. Feldman, B. Hoss, T. Perkins, G. Svec, L. Svec

Nayes:  None.

Absent:  None.

 

5 members of the council being present and having voted “Aye”, Mayor Scott Grabe declared the motion carried, and Ordinance No.205, was then placed on its last reading and was read the last time.

 

Thereupon, it was moved by Councilperson B. Hoss, and seconded by Councilperson K. Feldman that Ordinance No. 205 be placed upon its final passage and adopted.

Ayes:   K. Feldman, B. Hoss, T. Perkins, G. Svec, L. Svec

Nayes:  None.

Absent:  None.

 

5 members of the council being present and having voted “Aye”, Mayor Scott Grabe declared the motion carried, and the ordinance was passed and adopted.

 

Whereupon the Mayor declared that Ordinance No. 205 be adopted and signified his approval of same by fixing his signature thereto.

 

Passed by the council on the 13th day of February, 2006 and approved by the Mayor on the 13th day of February, 2006.

 

                                                          _____________________________ 

                                                          Scott Grabe, Mayor

ATTEST:

_____________________________ 

Tawnia Kakacek, City Clerk CMC

 

 

 

 

I, Clerk of the City of Swisher, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE MUNICIPAL CODE OF SWISHER, IOWA, REGARDING PROPERTY OWNED RHINEHART LLC(21.31 ACRES) TO SWISHER, IOWA and known as No. 205 was duly passed by the council on the 13th day of February 2006, and signed by the Mayor on the 13th day of February 2006, and published by the 17th day of February 2005, by posting copies thereof in four public places within the limits of the City of Swisher, Iowa and that I posted copies of Ordinance No. 205 in the following places:  Swisher Trust and Savings Bank, Swisher Beauty Shop, Shelton’s Grocery, Swisher Post Office and City Hall.

                                                                        ________________________________ 

                                                                        Tawnia Kakacek, City Clerk CMC