HomeMy WebLinkAbout2722-12/16/1974 Str=110
STATE OF IOWA, I, ... Robert J. McCoy------------
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Black Hawk County, Publisher of the �UAfCxI04 { A1��l, OUZi4x
a daily newspaper printed in the English
language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that
Ordinance #2722 --
the annexed copy of________________ -- ------------------------------------------------------
" ORDINANCE No.2124 notice was published in the English language only mgpulaxly
AN ORDINANCE REPEALING
SECTION 20-74. SUIT FOR
ENFORCEMENT OF COMMISSION ---
ORDER; TIME LpIIMIT.Ayf�7 aCONyN, OF THE
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commencing on the________________ Y --------------------------
December--1-9-,--19-7-4
in the issues of _________ _ _ _ _ -- ----------------------
- - - - - ---- --
of said newspaper, and
that the annexed rate of advertising is the regular legal rate o
•BAv AlIStl3AINn= said newspaper, and that the following is a correct bill for pub-
lishing said notice.
a�� Ou
11 Printer's Bill $___26__40
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' 19th
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and sworn to before me this________ _ Y
dOgSunOsuoa December A. D. 19--74_
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4NVIN0I1HDdA I-V Received Of____________________________
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the sum of-------- ---------------------------- - - - --
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'°°°WOOPUDD1100OW in full for publication of the above notice.
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9NI -- ------------------------------Publishers
ORDINANCE NO.
AN ORDINANCE REPEALING SECTION 20-74, SUIT FOR ENFORCEMENT OF
COMMISSION ORDER; TIME LIMITATION, OF THE CODE OF ORDINANCES OF
WATERLOO, IOWA, AND ENACTING IN LIEU THEREOF NEW SECTION 20-74,
JUDICIAL REVIEW.
BE IT ORDAINED by the City Council of Waterloo, Iowa:
That Section 20-74 entitled "Suit for enforcement of commission order;
time limitation" is hereby repealed; that new Section 20-74 entitled
"Judicial Review" is hereby enacted.
Section 20-74. Judicial Review.
(a) Any complainant or respondent claiming to be aggrieved by a final
order of the Commission, including a refusal to issue an order, may obtain
judicial review thereof.
(b) The Commission may, within two (2) years after the entry of any
order under this Ordinance, direct the City Attorney or his representative
to bring a suit in the District Court of this county, or in any other court
which may have jurisdiction over the party charged, for an injunction or
other appropriate Court Order or Judgment, to compel obedience to its order.
(c) Such proceedings shall be brought in the Iowa District Court in
and for Black Hawk County.
(d) All proceedings shall be initiated by the filing of a petition
in such court and the service of a copy thereof upon the other interested
parties. Thereupon the Commission shall file with the court a transcript
of the record of the hearing before it. The Court shall have jurisdiction
of the proceeding and the questions determined therein, and shall have
power to grant such temporary relief or restraining order as it deems just
and proper, and to make and enter upon the pleadings, testimony, and
proceedings set forth in such transcript an order enforcing, modifying,
and enforcing as so modified, or setting aside the order of the Commission,
in whole or in part.
(e) An objection that has not been urged before the Commission shall
not be considered by the court, unless the failure or neglect to urge
such objection shall be excused because of extraordinary circumstances.
(f) Any party may move the court to remit the case to the Commission
in the interests of justice for the purpose of adducing additional specified
and material evidence and seeking findings thereof, providing such party shall
show reasonable grounds for the failure to adduce such evidence before the
Commission.
(g) The hearing on appeal shall be tried in equity and shall be de novo.
The court may receive additional testimony and may affirm, modify, or reverse
the order of the Commission.
(h) The jurisdiction of the court shall be exclusive and its judgment
and order shall be final subject to review by the supreme court as provided by law.
(i) The Commission's copy of the testimony shall be available to all
parties for examination at all reasonable times, without cost, and for the
purpose of judicial review of the Commission's orders.
(j) The Commission may appear in court by counsel.
(k) Unless otherwise directed by the Commission or court, commencement
of review proceedings under this section shall operate as a stay of any order.
(1) Petitions filed under this section shall be heard expeditiously and
determined upon the transcript filed without requirement for printing.
(m) If no proceeding to obtain judicial review is instituted by a
complainant or respondent within thirty (30) days from the service of an order
-2-
of the Commission under this chapter, the Commission may obtain an order
of the court for the enforcement of such order upon showing that respondent
is subject to the jurisdiction of the Commission and resides or transacts
business within the corporate limits of the City of Waterloo, Iowa.
PASSED AND ADOPTED this l h, X h day of 19_.
/'Y. w 0 .
ti Leo P. Rooff,pla§or
ATTEST:
Katherine Gibbs, City Clerk
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