Ordinances-2012-314

2) If the City has not spent the funds by the last day of the five year period or, if extended, by the last day of an additional five years, the City must within ninety days thereafter, mail to the property owner, at the address on file with the Johnson County treasurer's office, a proportional refund based on the percentage of the platted lots they own of the total platted lots in the subdivision or planned development. The subdivision agreement or development agreement for each subdivision or planned development for which the developer has made payments in lieu of dedication must inform all property owners and successors in interest to properties in the subdivision or planned development of the right to a refund as provided herein. 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 All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed: Section 5. 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 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 August, 2012 at the Regular City Council meeting of the Tiffin, Iowa City Council, Councilperson Weipert introduced Ordinance No. 2012-314 AN ORDINANCE AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS and moved that it be given its first reading. The motion was seconded by Councilperson Ball. Ayes: Ryan, Bartels, Weipert, Ball, Upton Nays: none Absent: none Five members of the council being present and having voted "Aye", Mayor Steve Berner declared the motion carried and Ordinance No. 2012-314 AN ORDINANCE AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS was read the first time, discussed and placed on record. On the 22nd day of August, 2012 at the Special City Council meeting of the Tiffin, City Council, Councilperson Upton introduced Ordinance No. 2012-314 AN ORDINANCE AMENDING SECTION 4.08 NEIGHBORHOOD OPEN SPACE REQUIREMENTS and moved that it be given its second reading. The motion was seconded by Councilperson Ryan.