HomeMy WebLinkAbout~Master - Amending Sections of Ordinance 583, zoning i
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ORDINANCE NO. 656
AN ORDINANCE AMENDING ORDINANCE NO. 583, PARTICULARLY SECTION 3,
DISTRICTS, SECTION 6A, USE REGULATIONS FOR "AB" DISTRICTS (LIMITED
MULTIPLE RESIDENCE) , SECTION 7, USE REGULATIONS FOR "B" DISTRICTS
(MULTIPLE RESIDENCE) , SECTION 11, GARAGES AND ACCESSORY BUILDINGS,
SECTION 12, ADVERTISING SIGNS, POSTER AND BULLETIN BOARDS, SECTION
14, FRONT YARDS, SECTION 15, REAR 'YARDS, SECTION 16, SIDE YARDS,
AND SECTION 19, BOPRD OF ADJUSTMENT, SECTION 20, BUILDING PERMITS.
Be it Ordained by the City Council of the City of Ames, Iowa:
Section 1. That ,Section 3 of Ordinance No. 583 of the City
Ordinances of the Ci.t�, of -Ames, Iowa, is hereby specifically re-
pealed and that the following shall be hereinafter known as Sec-
tion 3 of Ordinance No. 583:
"Section 3. D-istricts.
(a) For the purpose of this ordinance the Cl-ty of Ames,
Iowa, is hereby divided into six (6) cl.psses of districts,
ao ]^ollows:
'A' Districts - (Resi(lence)
'ABI Districts - (Limited Multiple Residence)
'D' Districts - Multiple Residence)
'C ' Districts - Local Business)
'D' Districts - Business and Light Industry)
'E' Districts Heavy Industry)
(b) The various districts and their boundaries are here-
b-f established as shown on the official Zoning Map of the City
of Ames and which, with all Its designations, is hereby de-
clared to be a part of this ordinance . "
Section 2. That Ordinance No. 583 of the City Ordinances of
the City of Ames, Iowa, is hereby amended by adding thereto tine
following which shall be known as Section 6A of Ordinance No. 5g3:
"Section 6A. Use regulations for 'AB ' District., (Limited Mul-
tiple Residence) . Wit'zin. any '.,A.B t District, unless otherwise
provided in this ordinance, no building or land shall be used
for other than one or more of the uses herein specified as
permissible in ',a' Districts, or for other than one or more
of Vie following purposes:
lies.
(a) Millti-family dwellings not exceeding six (6) fami-
(b) Private garages and accessory buildings under condi-
tions as specifiecA' in Section 11 of this Ordinance as amended.
Section 3. That Section 7 of Ordinance No. 583 of the City
Ordinances of the City of Ames, Iowa, is hereb-T specifically re-
pealed and the following shall be hereinafter known as Section 7
of Ordinance No. 583:
"Section 7. Use regulations for 'B' Districts . (Multiple
Residence) . Within an-Ir 'BI District, unless otherwise pro-
vided in this ordinance, no building or land shall be used
for other titan one or more of the uses herein specified as
permissible in 'AB' Districts, or for other than one or more
Of the following purposes:
(a) Multi-family Dwelling.
(b) Fraternit.;r or Sorority Houses.
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(c) Boarding or Lodging, Houses, provided that there be
no conspicuous advertisini-,, signs.
(d) Private garages and accessory buildings under condi-
tions as specified in Section 11 of this ordinance.
(e) municipal, State or Federal Buildings .
(f) Hospitals, clinics, sanitariums, dispensaries and
charitable Institutions (except penal or correctional institu-
tions) . 71
Section 4. That Section 11 of Ordinance No. 583 oi.' the City
Ordinances of the City of Ames, Iowa., is hereby specifically re-
pealed and the following shall be hereinafter known as Section 11
of Ordinance No. -983.
"Section 11. Gara.-es and accessory buildings .
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(a) In any 'At District a private garage is permitted
in the side or rear yard on the same lot with a dwelling,
either as a separate building or in a separate room within,
or attached to the dwelling, provided that space for not more
than three (3) motor vehicles is permitted on one lot. When
wholly or partially within the limits of the side yard and
attached to a separate 200in with a principal building such
garage shall be considered as a part of such principal buildirg
and s'Aall conform to all yard and space requirements as speci-
fied in. this ordinance for principal buildings. When wholly
or partially within the limits of a rear yard and attached
to or a separate room within a principal building such garage,
if one (1) story In height, may extend into the rear yard
the distance its rear wall is beyond the rear wall of the
principal building. Space for three (3) or less motor vehicles
may be leased to other than residents on the Premises.
(b) In. an-,r 'AB' District, IBI District or any, ICI Dis-
trict, private garages, or accessory buildings are permitted
under the regulations prescribed for 'A ' Districts, except
that for private garages a space for not more than ten (10)
motor vehicles may be provided, and except that space for not
more than three (3) Motor vehicles may be leased to others
than residents on the premises.
(c) In amr IDI District or any IF ' District, public or
private garages, or accessory buildings are permitted on any
nTlrt of the lot.
(d) The following; regulations anc,5� interpretations shall
apply to paragraphs (a) and (b) Section 11:
1. Each detached private garage or accessory
building shall be not less than two (2) feet from a
party lot line or alley line except that when any part
of such building is within fifty (50) feet of any
street or public place upon which the lot abuts such
building shall be not less than six (6) feet from any
lot line which serves as the front Dortion of a side
lot line to any adjoining property.
2. No detached garage or accessory building is
permitted within the limits of a front yard.
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"Section 14. Front yards :
(a) In any ' At District or any 'AB' District a front
yard not less than twenty-five (25) feet in depth is required
on each lot.
(b) In any 'B' District or any 'C ' District a front
yard not less than twenty (20) feet in depth is required on
each lot.
(c) No principal building on a lot shall be required to
have a front ,yard depth exceeding fifty (50) feet.
(d) No detached private garage or accessory building
may occupy any portion of a front yard in any 'A' District,
'AB' District, 'B' District or any 'C ' District.
(e) The front .yard depth for a church, school, library,
museum, club, social center or community building, hospital
or similar institution erected or structurally altered in any
'A' District, any 'AB' District or any 'B' District shall be
thirt;;T (30) per cent in excess of those specified in this or-
dinance for principal buildings in such districts .
(f) The following exceptions and interpretations shall
apply to the provisions of Section 14, as noted:
1. The front yard depth for a pr_ncipal building
located on a lot within seventy (70) feet measured along
the street line from the nearest corner of the lot under
consideration, to any portion of two (2) or more lots in
the same block and which lots are occupied by dwellings
that front on the same street as the proposed principal
dwelling, shall be the average front ,yard depth of such
existing dwellings. In computing such front yard depths
existing buildings with front yard depths greater than
fifty (50) feet shall be assumed to have a front yard
depth of fifty (50) feet, and a building with a front
yard depth less than twenty-five (25) feet shall be
assumed to have a depth of twenty-five (25) feet.
2. In any 'A' District, any 'AB' District, any 'B'
District or any 'C ' District, where the rear lot line of
any corner lot forms the front part of the side lot line
of an adjacent lot, a building on such adjacent lot sliall
not be required to have a front ,yard depth of more than
three-fourths (3/4) of the depth required by the provi-
sions of this ordinance for a lot fronting on the same
street and in the same bloc'; , provided that this redu ed
depth shall not be less than the required side yard depth
(on the street side) of a principal building on the cor-
ner lot.
3• In any 'A' District, any 'AB' District, or any 131
Di3trictwhere a lot adjoins a 'D' District or an 'E' Dis-
trict, the front yard of such lot, for a distance of fift
(50) feet from the district boundary line, shall not be
required to have a depth of more than one-half (1/2) the
depth required by Section 14, for the residence portion
of the same block frontage, provided, however, that the
front yard depth of a building as determined by this
paragraph shall he not less than ten (10) feet in any
individual case. "
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Section 7. That Section 15 of Ordinance No. 583 of the City
Ordinances of the City of Ames, Iowa, is hereby specifically re-
pealed and the following shall be hereinafter known as Section 15
of Ordinance No. 583:
"Section 15. Rear yards.
(a) In any 'A' District, any 'AB' District, any 'B' Dis-
trict or any 'C ' District, a rear yard not less than twenty-
five (2 ) feet in depth is required on an interior lot and
twenty (20) feet on a corner lot.
(b) In any 'D' District or any 'E' District a rear yard
not 1QNs than twenty (20) feet in depth is required where any
portion of a principal building on such lot is used as a
dwelling. An additional two (2) feet in depth of rear yard
is required for each story above the second, any portion of
which is used as a dwelling.
(c) In any 'D' :District or any 'E' District no rear
yard is required for a hotel or for a building not used as
a dwelling which is two (2) stories or less in height and
which abuts on a rear alley twelve (12) or more feet in
width. Where the lot upon which such building is located
does not abut upon a rear alley twelve (12) or more feet in
width, a rear yard not less than ten (10) feet is required
for buildings two (2) stories or less in height, which mini-
mum width shall be increased two (2) feet foi° each additional
story in height above two (2) . Buildings more than two (2)
stories in height which abut on rear alleys twelve (12) or
more feet in width shall have rear yard requirements conform-
ing to the provisions of Paragraph (b) of this ,Section.
(d) The following; exceptions and interpretations shall
apply to the p.rovi:zions of Section 15 as noted:
1. I1.1 computing the required depth of rear yards
in paragraphs (a) and (b) Section 15, one-half (1/2) of
the width of an alley in the rear of the lot shall be
assumed to be a portion of the rear yard.
2. Where a ortion of a. building included in para-
graphs (b) and (cy Section 15, above th . first floor is
used as a dwelling a space not less than ten (10) feet
in width shall be provided above the highest story so
occupied open ,and unobstructed for the whole width of
the lot, and on irregular lots an equivalent area is to
be so provided.
3. The provisions of paragraphs (b) and (c) Section
15, rear yard requirements may be waived for buildings
on through lots extending from street to street where
an equivalent open space on the lot is provided in lieu
of the minimum rear yard required therein.
4. The previsions of paragraph (a) Section 15 shall
be construed to restrict the erection or structural al-
terations of any principal or accessory building on a
through lot so as to place :any principal wall of such
building nearer t-ie rear lot line of the through lot
than is permitted by this ordinance were such rear lot
line considered as a front lot line. "
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Section 8. That Section 16 of Ordinance No. 583 of the City
Ordinances of the City of Ames, Iowa, is hereby specifically re-
pealed and the following shall be hereinafter known as Section 16 f
Ordinance Tdo. 5833:
"Section 16. Side yards.
(a) In any 'A' , 'ABI , or 'B' District there shall be a
side yard on each side of each principal building. The side
yard for a principal building one (1) stony in height shall
be not less than four (4) feet in width, two (2) stories in
height not less than six (6) feet in width and for three (3)
or more stories in height not less than eight (8) feet in
width. One (1) side yard may be omitted where two (2) semi-
detached single Family dwellings, on. adjacent lots, are built
at the same time with a common party wall, provided that the
side yard of each house opposite the common party wall shall
be of a width fifty per cent (50%) in excess of the minimum
side yard t-Tidths specified in this paragraph.
(b) In any 'C ' District, any 'D' District or any 'El
District no side yards are required. Side ,yards if provided
shall be not less than five (5) feet in width.
(c) In any 'A' District, any 'AB' District, any 'B'
District or any 'C ' District on any corner lot no street
wall of a principal building other than its front wall shall
be required to be further from the side street than one-half
(1/2) of the distance that would be required by the provi-
sions of Section III were such side street line the front lot
line.
(d) The required minimum width of side yard for a churc ,
school, library, museum, club, social center or community
building, hospital or similar institution on an interior lot
in any 'A' District any 'AB' District, or any '.B' District
shall be twent;,t- (20J feet. For such buildings on corner
lots in 'A' Districts, 'AB' Districts, and 'B' Districts
the side yard nearest- the side street shall be not less than
fifty per cent 0- ) in excess of, the requirements specified
in Section 16 for principal buildings on such corner lots.
The side yard adjacent to an interior lot for such buildings
on corner lots shall be not less (than twenty (20) feet. "
Section 9. That Section 17 of Ordinance No. 583 of the City
Ordinances of the Cit;r of Ames, Iowa, s hereby specifically re-
pealed and the following shall be hereinafter known as Section 17
of Ordinance No. 583:
"Section 17. Fence:;, walls and vision clearance.
(a) In any 'A' District, any 'AB' District, any 'B'
District or any 'C ' District fences and walls not exceeding
six (6) feet in height are permitted within the limits of
side and rear yards. A fence or wall not exceeding four= (4)
feet in height is permitted within the limits of front yards.
The portion of fences and walls over four (4) feet in height
shall be sixty-five per cent (65%) open. in the case of re-
taining walls supporting embankments the above requirements
shall apply only to that part of the wall above the ground
surface of the retained embankment.
(b) On any corner lot in any 'A' District, any 'AB'
District, any 'B' District or any 'C ' District no fence, wall
or other structure shall be erected to a height of more than
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three (3) feet above the elevation of the established curb
grade at the intersection of the streets on teat part of any
;,card which is bounded by the street lines of the intersecting
streets and a line connecting two (2) points on said street
lines twenty (20) feet from their point of intersection and
no planting of foliage which will obstruct the view of drivers
of vehicles approaching the street intersection shall be
placed or maintained within such area. "
Section 10. That Section 19 of Ordinance No. 583 of the City
Ordinances of the City of Ames, Iowa, is hereby specifically re-
pealed and the following; shall be hereinafter known as Section 19
of Ordinance No. 583:
"Section 19. Board of adjustment .
(a) A Board of adjustment is hereby established. Where
the word 'Board' is used in this section it shall be construed
to mean the 'Board of Adjustment. ' The Board shall consist
of five (5) members appointed by the Mayor, subject to confirm -
tion by the City Council, and shall be appointed for terms of
1, 2, 3, 4, and 5 years respectively. At the expiration of
the term of office of any ",oard member, his successor shall
be appointed for a term of five years. Any vacancy shall be
filled in the same manner for the unexpired portion of the
term. In the event of the absence from the City or the incapa
city of a member, the Mayor may appoint a substitute who shall
serve as a member of the Board, with the same powers and au-
thority as the regular member, until Bach regular ;member has
returned or has become incapacitated for further service .
All members shall serve without compensation.
(b) The City Clerk shall serve as tho Secretary of the
Board. In the absence of the Secretary, the chairman of the
Board may appoint one of the members of the Board to act as
Secretary pro te-fa for the meeting. The Board shall have the
power to call on any City Department for assistance in the per
formance of its duties, and it shall be the duty of such de-
partment to render su.ch assistance as may reasonably be re-
quired.
(c) The Board shall adopt, from time to time, subject
to the approval of the City Council, such rules and regulation
as it may deem necessary to carry into effect the provisions
of this ordinance.
(d) The Board shall annually elect its own chairman at
the first meeting on or after April first of each fiscal year.
Such chairman, or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses. Ther
shall be a fixed place of meeting and all meetings shall be
open to the public . The presence of four (4) members shall
be necessary to constitute a quorum. The Secretary of the Boa id
shall keep minutes of its proceedings, showing; the vote of
each member upon each question. If a member is absent or
fails to vote, the minutes shall indicate such fact. The
Board shall keep records of its examinatioa and other official
actions, which shall be on file in the office of the City Cler
as a public record.
(e) Appeals to the Hoard may be taken by any person
aggrieved, or bar any officer, Department, or Board of the City
affected by any decision of the enforcing officer. Such appeal
shall be taken within a reasonable time, as provided by the
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rules of the Board, by filing with the Secretary of the Board
a written notice of appeal specifying the grounds thereof.
The Secretary of the Board shall give notice of such appeal t
the enforcing officer who shall forthwith transmit to the
Board all papers constituting the record upon which the actin
appealed from was taken. An appeal stays all proceedings in
furtherance of the action appealed from, unless the enforcing
officer certifies to the Board after the notice of the appeal
shall have been filed with him, that by reason of facts state
in the certificate a stay would in his opinion cause imminent
peril to life or property. in such case proceedings shall no
be stayed otherwise than by a restraining order which may be
granted by a court of record on application on notice to the
enforcing officer and on due cause s'lown. The final disposi-
tion of any appeal shall be in the form of a resolution eithe
reversing, modifying or affirming; the decision or determinati n
appealed from.
(f) The Board of Adjustment in specific cases shall hav
the followin� powers:
1. To ;tear and decide appeals where it is alleged
there is error in any order, requirement, decision or de-
termination made by the enforcing officer in the enforce
-
IV of the provisions of this ordinance.
2. To authorize upon appeal in the following spe-
cific cases such variance from the terms of the ordinanc
as will not be contrary to the public interest, where,
owing to 7pecial conditions a literal enforcement of the
provisions of the ordinance will result in unnecessary
hards'aip, and so that the spirit of the ordinance shall
be observed and substantialjustice done. However,
nothing herein shall be construed as giving the Board
the right, power, or authority to chanrfe the limits or
extent of any district, or to grant permission for the
erection or use of any building or the use of any land
for a purpose which is specifically prohibited herein.
(a) The erection and use of any accessory
building on a. lot in any '.A' District, any 'ABI
District or any 'BI D13triot before the erection
of a principal building on such lot as provided
herein, provided such use it temporary and for a
period of time not to exceed one (1) year.
(b) The extension of an existing building or
use into n more restricted district immediately
adjacent, under such conditions as will safeguard
the character of the more restricted district,
provided that such extension shall not be per-
mitted more than fifty (50) feet beyond the boundar
line of the district in which such building or
use is authorized.
(c) The extension or enlargement of an exist-
ing use lopated in a district restricted against such
use, either by the extension or enlargement of an
existing building or use of land, or by the erection
of an additional building where such extension or
enlargement is necessar-7 incident to the trade,
business or industry existing on the 1st day of
June, 1925, provided that such extension or enlarge-
ment will not prove detrimental to or tend to alter
the character of the neighborhood.
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(d) The erection of buildings or the use of
land not in accordance with the requirements of
this ordinance, in the case of an undeveloped sec-
tion, of the City for a. period not to exceed one (1)
year in any case, where such building or uses are
clearly incidental to and necessary for residential
development, or are temporary only and will not tend
to permanently alter the character of such section
or any adjoining or nearby section.
(e) The erection and use of a building or the
use of land in any district by a public service
corporation or for public utility purposes, which
the Board considers reasonably necessary for the
public convenience or welfare.
(f) To permit any use In a district that is
not specifically prohibited in such district, and
that is in keeping with and appropriate to the uses
authorized in such district by the provisions of this
ordinance.
(g) In specific cases upon appeal to permit a
variance in the literal interpretation and applica-
tion of the fo? lowing specified provisions of the
ordinance,.
1. Section 5--General Regulations, Para-
�ra;oh€- (1) (?') and ( +) .
2. Section 11 - -Garages and Accessory
Buildings, Paragraphs (a) to (d) inclusive.
3. Section 12--Advertising Signs, Poster
(nj Bulletin Boards, Paragraphs (a) , (b) and
c
4. Section 14---Front Yards. The minimum
depth requirements for front yards as specified
in Paragraphs (a) , (b) , (e) and (f) of this
Section may not be decreased in amount more
than twenty-five per cent (25%) in any indivi-
dual cas(� upon appeal unless there is on file
with the Board the written consent of the owners
of all contiguous property within a distance
of 100 feet from the nearest lot line of the
lot in question., and provided further that in
no event shall the Board decrease the re uired
minimum front yard. depth by more than 50Z
5. Section 15--Rear Yards . The minimum
requirements for rear T;ards as -specified in
Paragraphs (a) , (b) , (c) and (d) of this sec-
tion may not be decreased in amount more than
tTrrenty-five per cent (25%) in any individual
case upon apoeal unless there is on file with
the Board the written consent of the owners
of all property abutting on the rear yard of
the lot under consideration.
6. Section 16--Side yards. The minimum
requirements for side yards as specified in
Paragraphs (a) , (b) , (c) and (d) in this sec-
tion may not be decreased in amount more than
twenty-five per cent (25%) in any individual
case upon appeal unless there is on file with
the Board the written consent of the owners of
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all property abutting on the side yard of the
lot under consideration.
7. Section 17--Fences, walls and vision
clearance . Paragraphs (a) and (b) . "
Section 11. That Section 20 of Ordinance No. 583 of the City
Ordinances of the City of Ames, Iowa, is hereby specifically re-
pealed and the following shall be hereinafter known as Section 20
of Ordinance No. 583:
"Section 20. Building permits and applications therefor.
(a) It shall be unlawful to commence or to proceed with
the erection, construction, reconstruction, conversion, altera-
tion, enlargement, extension, raising or moving of any build-
ing or structures, or of any portion thereof, without first
having applied in writing to the City Manager for a building
permit to do so.
/b) Every application for a building permit shall be in
writing and delivered to the Enforcing Officer., and shall be
accompanied by a detailed set of plans, in duplicate , showing
the size of the proposed building or structure, its location
on the lot, the materials of which it is to be constructed an
the details and type of construction to be used. On the issu-
ance of a permit one set of said plans shall be retained by
the Enforcing Officer as a permanent record and one set shall
be returned to the applicant. In case of any building or struc-
ture to be located outside the fire districts, the Enforcing
Officer may, at his own discretion, permit the substitution o
a written statement covering the essential information required
in place of said plans.
(c) Blank forms shall be provided by the Enforcing Offi-
cer for the use of those applying for permits as provided for
in this ordinance. Any permits issued by the Enforcing Offi-
cer shall be on standard forms for such purpose and furnished
by the City.
(d) A careful record of all such applications, plans,
and permits shall be kept in the office of the Enforcing
Officer.
(e) The fees to be charged for building permits from an
after the passage of this ordinance shall be as follows:
For work costing $500 or less - - - - - - - $ . 50
For work costing over $500 but not over
$1,000 - - - - - - - - - - - - - - - - 1.00
For work costing over $1,000 but not over
$2,500 - - - - - - - - - - - - - - - - 2.00
For work costing over $2,500 but not over
$5,000 - - - - - - - - - - - - - - - - 3.00
For work costing over $5,000 but not over
$10 000 - - - - - - - - - - - - - - - 5.00
For work costing over $10,000 but not over
$15,000 - - - - - -- - - - - - - - - - 7.00
For work costing over $15,000 but not over
$25,000 - - - - - - - - - - - - - - - 10.00
For work costing over $25,000 but not over
$50,000 - - - - - - - - - - - - - - - 12.00
For work costing over $50,000 - - - - - - - 15. 00
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(f) Any building permit, under which no construction
work has been commenced within six (6) months after the date
of issue of said permit or under which the proposed construction
has not been completed withLn two (2) years of the date of is-
sue shall expire by limitation; and no work or operation shall
take place under such ermit after such expiration. Upon pay
went of ten cents (100� per month on each one thousand dollar
($1,000.00) of the construction cost on which the original
permit was issued, but not less than one dollar ($1.00) per
month in any case, a building permit may be once extended for
a period not exceeding six (6) months by the Zoning Enforcing
Officer, "
Section 12. All ordinances or parts of ordinances in con-
flict with the provisions of this amendment are hereby repealed.
Section 13. This amendment to Ordinance No. 583 of the City
Ordinances of the City of Ames, Iowa, shall be in force and effect
from and after its passage and publication ns provided by law.
Dated this 20th day of September, 1948.
Z41 X1 //1
W. Prather, City Clerk W. L. Allan, Mayor
Moved by Lawlor, seconded by Molleston., that Ordinance No. 656 be
passed on its first reading.
Voting Aye: Griffith, Lawlor, McCormick, Molleston, MacDonald, Mo re
Voting Nay: None
Moved by MacDonald, seconded by McCormick, that the rules be sus-
pended, the second and third readings omitted, and Ordinance No.
656 placed on final passage.
Voting Aye: Griffith, Lawlor, McCormick, Molleston, MacDonald, Mo re
Voting Nay: None
Moved by Moore, seconded by Griffith, that Ordinance No. 656 do
now pass.
Voting Aye: Griffith, Lawlor, McCormick, Molleston, MacDonald, Mo re
Voting Nay: None
Mayor declared Ordinance No. 656 passed.
I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby
certify that the above and foregoing Ordinance No. 656 was duly
and properly passed at a meeting of the City Council on the 20th
day of September, 1948, and published in the Ames Daily Tribune
on the 24th day of September, 1948.
U Prather, City Clerk
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