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HomeMy WebLinkAbout1991 Resolution BookRESOLUTIONS BOOK 11105 #91-1 to #91-15§ PAGE RES. NO. TITLE DATE 1 1 Res. to issue a cigarette permit. 1/8/91 2 2 Res. accepting the work for the College Street Bridge rehabilitation and Improvement Project. 3 3 Res. approving the preliminary plat of Walnut Ridge, a subdivision of Iowa City_, Johnson Co. Iowa. 4 4 Res. approving the preliminary subdivision plat of Galway Hills subdivision, Part 1, Iowa City. 5 5 Res. approving the final subdivision plat of Black Hills Subdivision of Johnson County, IA. 6 6 Res. extending the expiration date for the approved preliminary Lg. Scale Non -Residential Deva (LSNRD) Plan for Blooming Prairie Warehouse, Inc. Located at 2340 Heinz Road. 7 7 Res. approving plans, specifications, form of contract and est. of cost for the constr. of the Fiscal Year 1991 Sanitary Sewer Improvements Proj. Establishing amount of Bid Security to accompany each bid, directing CC to publish notice to bidders and fixing time and place for receipt of bids. 8 8 Res. authorizing the execution of a contract with the State Historical Society of Iowa for the pur- pose of preparing a comprehensive preservation plan with funds provided by an Historic Resource Dev. Grant. 9 9 Res. authorizing the Historic Preservation Comm. to file an application for a certified local government Grant for the purpose of preparing a nomination to the National Register of Historic Places for the houses built by Howard Moffitt. 10 10 Res. authorizing the Mayor to sign and the CC attest an agreement between Neumann Monson PC of I.C. IA & the City of Iowa City to provide consulting services for the Chauncey Swan Plaza Parking Structure and the Recreation Center Parking Structure. 11 11 Res. authorizing the Mayor to sign a right-of-way Assurance Statement for Federal Aid Projects. 12 12 Res. authorizing the Mayor to execute and the CC to attest a subordination agreement between the City of Iowa City and Hills Bank & Trust Co. 13 13 Res. adopting supplement 1146 to the code of 1/22/91 ordinances of the City of Iowa City, Iowa. 14 14 Res. amending the By -Laws of the Iowa City/ Johnson County Senior Center Commission. 15 15 Res. adopting a schedule of fees, regulations, and guidelines for the provision of Animal Control services and for the licensing of animals, providing among other things that persons age 60 or older may adopt animals without paying the required fee thereof. RESOLUTIONS BOOK 11105 # 91- 16 to 1191-28 PAGE RES. NO. TITLE DATE 16 16 Res. to issue dancing permit. 2/5/91 17 17 Res. setting P.H. on plans, specs, form of contract and est. of cost for construction of the Park Road Bridge Pier Protection Project, directing CC to publish notice of said hearing, and directing City Engr. to place said plans, etc. on file for public inspection. 18 18 Res. setting P.H. on the operating budget estimate for the Fiscal year July 1, 1991 through June 30, 1992 and the proposed three-year plan which includes the capitol improvememts program for Fiscal Years 1992-1994. 19 19 Res. in support of the College Green Project and and authorization for the Mayor, Mayor Pro Tem or City Manager to sign a grant application to be submitted to the Iowa Department of Natural Re- sources. 20 20 Res. awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Fiscall Year 1991 Sanitary Sewer Improvements Project. 21 21 Res. authorizing execution of Sanitary Sewer Easement agreements for the construction of the FY91 Sanitary Sewer Improvements Project. 22 22 Res. approving execution of an option and contract to purchase real estate from Carroll W. Sass and Lilah Sass. 23 23 Res. setting PH on plans, specifications, form of contract, and est. of cost for the construction of a restroom facility in Lower City Park, directing the City Clerk to publish notice of said hearing, and directing the director of parks and recreation to place said plans, etc., on file for public inspection. 24 24 Res. approving plans, specifications, form of contract, and est. of cost for the construction of the Park Poad Bridge Pier Protection Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. 25 25 Res. approving the revised Citizen participation plan, a policy guide for citizen participation in the Community Dev. Block Grant (CDBG) program in I.C., to reflect the changes required by the U.S. Department of Housing and Urban Development. 26 26 Res. authorizing execution of amendment 114 to the consolidated annual contributions contract KC -9033E. 27 27 Res. accepting dedication of a portion of Lakeside Drive as Public R -O -W. 28 28 Res. amending the budgeted positions in the water division of the PW Dept. and the AFSCME Pay Plan by the deletion of a water meter reader and the addition of a water services clerk. 2/19/91 RESOLUTIONS BOOK #105 #91-29 to 1191-42 PAGE RES. NO. TITLE 29 29 RES. TO REFUND CIGARETTE PERMIT. 30 30 RES. SETTING PUBLIC HEARING ON PLANS, SPECIFI- CATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUSTION OF THE FY91 ASPHALT RESUR- FACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,AND DIRECTING CITY ENGIN- EER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPEC- TION. 31 31 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS,FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHWEST SAN- ITARY SEWER PROJECT,DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,AND DIRECTING CITY ENGINEER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION. 32 32 RES. OF INTENT TO CONVEY TO THE IOWA CITY COMMUNITY SCHOOL DISTRICT OF THE COUNTY OF JOHNSON,STATE OF IOWA,AN EASEMENT FOR A PRIVATE•SANITARY SEWER WHICH IS LOCATED ON LOT 7 OF THE SYCAMORE VIEW SUBDIVISION. 33 33 RES. OF INTENT TO CONVEY SINGLE-FAMILY HOMES IN THE SYCAMORE VIEW SUBDIVISION. 34 34 RES. RELEASING CERTAIN SANITARY SEWER EASE- MENTS LOCATED IN OHL'S SUBDIVISION, IOWA CITY, IOWA. 35 35 RES. RESCINDING APPROVAL OF THE FINAL PLAT OF RUPPERT SUBDIVISION, PART TWO. 36 36 RES. APPROVING THE FINAL PLAT OF WALNUT RIDGE SUBDIVISION, PART 1. 37 37 RES. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTI OF A RESTROOM FACILITY IN LOWER CITY PARK, ESTAB- LISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 38 38 RES. AUTHORIZING EXECUTION OF AN AGREEMENT BE- TWEEN THE CITY OF IOWA CITY AND THE IOWA DEPT. OF TRANSPORTATION FOR THE USE OF CITY STREETS AS DETOURS. 39 39 RES. REDEDICATING A PORTATION OF CAPITOL STREET AS A PUBLIC RIGHT-OF-WAY. 40 40 RES. AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PRO- GRAM AND BUDGET. 41 41 RES. APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE STATE UNIVERSITY OF IOWA FOR THE USE OF CITY BUSES IN CONNECTION WITH THE NCAA WRESTLING TOURNMENT. 42 42 RES. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LEASE EXTENSION BETWEEN THE , CITY OF IOWA AND SOUTHGATE DEVELOPMENT CO. INC. FOR THE THIRD FLOOR OF THE COMMERCE CENTER 325 E. WASHINGTON STREET, IOWA CITY, IOWA. DATE 3/5/91 RESOLUTIONS BOOK 11105 1191- 43 to 1191-58 PAGE RES. NO. TITLE DATE 43 43 RES. ADOPTING THE ANNUAL BUDGET FOR THE FISCAL 3/5/91 YEAR ENDING JUNE 30, 1992. 44 44 RES. APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1992-1994. 45 45 RES. ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY. 46 46 RES. AUTHORIZING THE FILING OF AN APPLICATION WITH 3/25/91 THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY92 IOWA DOT STATE TRANSIT ASSISTANCE. 47 47 RES. OF INTENT TO CONVEY SINGLE-FAMILY HOMES IN THE 4/.2/91 SYCAMORE VIEW SUBDIVISION. 48 48 RES. ADOPTING SUPPLEMENT NUMBER 47 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. 49 49 RES. APPROVING FINAL PLAT OF GALWAY HILLS SUBDIVISION PART 1. 50 50 RES. APPROVING THE PRELIMINARY LARGE NON-RESIDENTAL DEVELOPMENT PLAN FOR PROCTER & GAMBLE. 51 51 RES. APPROVING THE FINAL PLAT OF NORTHWOOD ESTATES SUBDIVISION OF JOHNSON COUNTY,, IOWA. 52 52 RES. APPROVING PLANS, SPECIFIJATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY91 ASPHALT RESURFACING PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 53 53 RES. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 54 54 RES. AUTHORIZING THE CONVEYANCE TO THE IOWA CITY COMM. SCHOOL DISTRICT OF AN EASEMENT FOR A PRIVATE SANITARY SEWER WHICH IS LOCATED ON LOT 7 OF THE SYCAMORE VIEW SUBDIVISION, IOWA CITY, IOWA. 55 55 RES. AUTHORIZING THE CONVEYANCE TO CHARLES D. NEWMIRE AND DEBRA KIRKPATRICK AND J. CHRIS AND DEBORAH GAMMACK OF THE CITY'S INTEREST IN TWO OF THE SIX SINGLE-FAMILY HOMES IN THE SYCAMORE VIEW SUBDIVISION FOR $67,000 PER LOT. 56 56 RES. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMMENDMENT TO THE 13th RENEWAL OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. 57 57 RES. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FIRST RENEWAL OF A 28E AGREEMENT FOR FY91 SUPPLEMENTAL TAXI SERVICE BETWEEN THE CITY OF IOWA CITY, JOHNSON COUNTY, AND OLD CAPITOL CAB CO. 58 58 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND FIRST NATIONAL BANK. RESOLUTIONS BOOK #105 1191- 59 to #91-74 PAGE RES. NO. TITLE DATE 59 59 RES. CERTIFYING UNPAID VEHICLE REMOVAL AND 4/2/91 SIDEWALK REPAIR CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. 60 60 RES. ENGAGING AUDITOR FOR FISCAL YEAR ENDING JUNE 30, 1991. 61 61 RES. AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF A RESTROOM FACICITY IN LOWER CITY PARK. 62 62 RES. AMENDING THE BUDGETED POSITIONS IN THE POLICE DEPT. 63 63 RES. AUTHORIZING EXECUTION OF AN AMENDMENT TO SUBDIVIDER'S AGREEMENT FOR HIDDEN VALLEY SUBDIVISION. 64 64 RES. ACCEPTING QUIT CLAIM DEED AS CORRECTIVE LEGAL DESCPT. OF A PORTION OF SEVENTH AVENUE RT. OF WAY RELEASING THAT PORTION OF A PRIOR LEGAL DESCPT. TO REMOVE A CLOUD ON TITLE TO ADJACENT PROPERTY; AND DEDICATING THE CORRECTED PORTION OF RT. OF WAY, AS NOW CORRECTLY DESCRIBED. 65 65 RES. AUTHORIZING RELEASE OF A PORTION OF A SANI- TARY SEWER EASEMENT AND APPROVING A SUBSTITUTED SANITARY SEWER EASEMENT, BOTH LOCATED WITHIN IOWA INTERSTATE RAILROAD RT. OF WAY AT SECOND AVE. 66 66 RES. AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF PARK ROAD BRIDGE PIER PROTECTION PROJECT. 67 67 RES. AUTHORIZING EXECUTION OF A SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. 68 68 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INDEMNITY AGREEMENT BETWEEN THE CITY AND MERCY HOSPITAL AND MERCY FACILITIES. 69 69 RES. AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ACC RESURFACING OF IOWA 1 (DODGE STREET) WITH THE IOWA DEPT. OF TRANSPORTATION. 70 70 RES. APPROVING FY92,93,94,95,96 OFFICIAL REPORT 4/16/91 OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY1, 1991 TO JUNE 30, 1996. 71 71 RES. AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD ON APRIL 28, 1991. 72 72 RES. SETTING FORTH THE REASONS FOR THE DENIAL OF THE PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART 4, OF JOHNSON COUNTY, IOWA. 73 73 RES. APPROVING THE FINAL PLAT OF FOX HOLLOW, A SUBDIVISION OF JOHNSON COUNTY, IOWA. (5-9106) (60 -DAY LIMITATION PERIOD: APRILI8, 1991) 74 74 RES. CALLING FOR A SPECIAL ELECTION. (PARK/SPORTS COMPLEX) RESOLUTIONS BOOK #105 9191-75 to 91-90 PAGE RES. NO. TITLE DATE 75 75 RES. AUTHORIZING EXECUTION OF AMENDMENT 914 TO THE 4/16/91 CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC -9033E. 76 76 RES. CERTIFYING UNPAID WATER, SEWER, AND SOLID WASTE CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. 77 77 RES. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND FIRST NATIONAL BANK. 78 78 RES. ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL EMPLOYEES AND FOR ADMINISTRATIVE AND EXECUTIVE EMPLOYEES FOR FY92 AND FY93. 79 79 RES. AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN HOWARD R. GREEN COMPANY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES TO DEVELOP A COMPREHENSIVE WATER SUPPLY PLAN FOR IOWA CITY'S POTABLE WATER TREATMENT FACILITY. 80 80 RES. AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC -9033V. PROJECT NO. IAO5- V022-009. 81 81 RES. 91-81 SETTING PUBLIC HEARING ON PLANS, SPECS., _ FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE CIVIC CENTER NORTH COURT ADDITION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ARCHITECT TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION. 82 82 RES. NO. 91-82 AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY91 ASPHALT RESURFACING PROJECT. 83 83 RES. NO 91-83 AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CON- STRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT. 84 84 RES. NO. 91-84 TEMPORARILY CLOSING STREET RIGHTS-OF- WAY ABUTTING BLOCK 85 ORIGINAL TOWN AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. 85 85 RES. 91-85 SETTING PUBLIC HEARING ON AMENDING THE FY91 5/1-4151 OPERATING BUDGET. 86 86 RES. OF INTENT TO CONVEY, BY QUITCLAIM DEED, A PORTION OF VACATIED COURT STREET AND A VACATED NORTH -SOUTH ALLEY IN BLOCK 94, ORIGINAL TOWN, TO THE STATE BOARD OF REGENTS FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA. 87 87 RES. APPROVING FINAL PLAT OF WHISPERING MEADOWS, PART I. 88 88 RES. APPROVING THE PRELIMINARY PLAT OF APPLE RIDGE SUB- DIVISION, IOWA CITY, IOWA. 89 89 RES. APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL PLAN FOR U.S. WEST COMMUNICATIONS. 90 90 RES. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NORTH COURT ADDITION TO THE IOWA CITY CIVIC CENTER, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. ttnuLullu1NJ buu& VIUD `11-`11 to yl-luy PAGE RES. NO. TITLE DATE 91 91 RES. AUTHORIZING AND APPROVING AN AMENDED 1991 5/14/91 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. 92 92 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE FOURTEENTH RENEWAL OF A 28E AGREE- MENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. 93 93 RES. ACCEPTING THE WORK FOR THE SYCAMORE VIEW NEW CONSTRUCTION HOUSING PROJECT. 94 94 RES. AUTHORIZING THE CONVEYANCE TO MICHAEL P. AND ELLEN L. MATTES, OF THE CITY'S INTERST IN LOT 5 OF THE SYCAMORE VIEW SUBDIVISION FOR $67,000. 95 95 RES. APPROVING AN AGREEMENT WITH THE IOWA STATE DEPT. OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. 96 96 RES. AUTHORIZING THE DEPARTMENT OF PLANNING & PROGRAM DEVELOPMENT,CDGB DIVISION, TO FILE AN APPLICATION FOR A HISTORIC RESOURCE DEVELOPMENT PROGRAM (HRDP) GRANT FOR THE PURPOSES OF ESTABLISHING A PERMANENT ARCHI- TECTURAL SALVAGE STORAGE SITE. 97 97 RES. ADOPTING THE REVISED ANNUAL BUDGET,FY9I,ENDING JUNE 30, 1991, FOR PUBLIC HOUSING PROJECT IA -022003, IA05PO22004 AND IA05PO22005. 98 98 RES. ADOPTING THE ANNUAL BUDGET,FY92,ENDING JUNE 30, 1992, FOR PUBLIC HOUSING PROJECT IA -022003, IA05PO22004 AND IA05PO22005. 99 99 RES. APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC HOUSING AGENCY REQUEST FOR FRONT-END ANNUAL CONTRIBUTIONS CONTRACT (ACC). 100 100 PHA RES. IN SUPPORT OF PUBLIC HOUSING PROJECT. 101 101 RESOLUTION OF COOPERATION. 102 102 RES. AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC -9033E. PROJECT NO. IA05- E022-015. 103 103 RES. ESTABLISHING A LOW-INCOME FEE POLICY FOR PARKS AND RECREATION PROGRAMS AND ACTIVITIES. 104 104 RES. AMENDING THE AFSCME PAY PLAN AND RECLASSIFYING A POSITION IN THE POLLUTION CONTROL DIVISION OF THE PUBLIC WORKS DEPARTMENT. 105 105 RES. AMENDING THE BUDGETED POSITIONS IN THE GOVERN- MENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT. 106 106 RES. AMENDING THE BUDGETED POSITIONS IN THE LIBRARY. 107 107 RES. SETTING A PUBLIC HEARING ON PLANS, SPECS., FORM 5/28/91 OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A STORAGE BUILDING TO BE LOCATED AT NORTH WASTE- WATER TREATMENT PLANT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 108 108 RES. APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR VILLA GARDEN APARTMENTS. 109 109 RES. DETERMINING THE NECESSITY AND SETTING A DATE OF HEARING ON A PROPOSED VILLA GARDEN URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA. RESOLUTIONS PAGE 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Ewi BOOK 4 105 RES. NO. TITLE 91-110 to 91- 126 DATE 110 RES. AUTHORIZING CONVEYANCE, BY QUITCLAIM DEED; -A 5/28/91 PORTION OF VACATED COURT STREET AND A VACATED NORTH - SOUTH ALLEY IN BLOCK 94, ORIGINAL TOWN, TO THE STATE BOARD OF REGENTS FOR THE BENEFIT OF THE STATE UNIVER- SITY OF IOWA. 111 RES. AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1991. 112 RES. APPROVING A 28E AGREEMENT WITH JOHNSON COUNTY AND OLD CAPITOL CAB FOR FY92 SEATS SUPPLEMENTAL TAXI SERVICE. 113 RES. ESTABLISHING AN INVESTMENT POLICY FOR THE CITY OF IOWA CITY FOR ALL FUNDS EXCEPT FOR POLICE AND FIRE RETIREMENT SYSTEM FUNDS. 114 RES. AMENDING THE BUDGETED POSITIONS IN THE ADMINIS- TRATIVE PAY PLAN. 115 RES. AMENDING THE BUDGETED POSITIONS IN THE ASSITED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN. 116 RES. TO REFUND CIGARETTE PERMIT. (RESIDENCE SERVICES 6/11/91 QUADRANGLE) 117 RES. TO REFUND CIGARETTE PERMIT. ( RESIDENCE SERVICES BURGE HALL) 118 RES. APPROVING THE PRELIMINARY PLAT OF WALDEN WOOD, PART 3, IOWA CITY, IOWA. 119 RES. DETERMINING AN AREA OF THE CITY TO BE AN ECO- NOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINA- TION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE VILLA GARDEN URBAN RENE14AL PLAN THEREFOR 120 RES. APPROVING THE PRELIMINARY LARGE SCALE NON-RESI- DENTIAL DEVELOPMENT (LSNRD) PLAN FOR UNITED TECHNOLO- GIES AUTOMOTIVE. 121 RES. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A STORAGE BUILDING AT THE NORTH WASTEWATER TREATMENT PLANT, ESTAB- LISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 122 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY. 123 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE CRISIS CENTER. 124 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE INTERVENTION PROGRAM. 125 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE EMER- GENCY HOUSING PROJECT. 126 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE HAWK - EYE AREA COMMUNITY ACTION PROGRAM. RESOLUTIONS BOOK 11 105 91- 127 to 91-142 PAGE RES. NO. TITLE DATE 127 127 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE TY CLERK TO ATTEST A FUNDING -AGREEMENT WITH THE IOWA 6/11/91 CENTER FOR AIDS/ARC RESOURCES & EDUCATION. 128 128 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. 129 129 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE MID - EASTERN COUNCIL ON CHEMICAL ABUSE. 130 130 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR NEIGHBOR- HOOD SERVICES WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY. 131 131 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM. 132 132 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOHN- SON COUNTY CHAPTER,AMERICAN RED CROSS. 133 133 RES. AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. 134 134 RES. APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHN- SON COUNTY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. 135 135 RES. APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND UNITED ACTION FOR YOUTH,AUTH- ORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO _ ATTEST SAME. 136 136 RES. AUTHORIZING THE EXECUTION OF A CONTRACT WITH SVENDSEN TYLER, INCORPORATED FOR THE PURPOSE OF PREPARING A COMPREHENSIVE PRESERVATION PLAN. 137 137 RES. AUTHORIZING EXECUTION OF A LIMITED RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT EASEMENT AGREEMENT WITH COURT HILL -SCOTT BOULEVARD ADDITION, PART IX. 138 138 RES. AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 11183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1991, THROUGH JUNE30, 1993. 139 139 RES. AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS, TO ASSIST IN CONSTRUCTION OF BUILDING EXPANSION. 140 140 RES. TO ISSUE CIGARETTE PERMITS. 6/25/91 141 141 RES. SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE FY91 LANDFILL EXPANSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING THE CITY ENCINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 142 142 RES. ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, AND PAVING I'IPROVEMENTS FOR SCOTT BOULEVARD EAST PART ONE. RESOLUTIONS PAGE 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 BOOK 11 105 91-143 to 91-9,j RES. NO. TITLE DATE 143 RES. APPROVING THE REVISED PRELIMINARY PLAT OF WALNUT 6/25/9. RIDGE, PART 2, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. i 144 RES. APPROVING THE FINAL PLAT OF I4ALNUT RIDGE, PART2, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. 145 RES. AUTHORIZING EXECUTION OF AN AMENDMENT TO SUBDIVI- SION AGREEMENT FOR SCOTT'S SECOND ADDITION. 146 RES. REVISING THE"GRIEVANCE PROCEDURE FOR PUBLIC HOUSING TENANTS" AND THE "DAMAGE CLAIM PROCEDURE" FOR THE SECTION 8 CERTIFICATE/VOUCHER PROGRAM FOR TENANTS IN IOWA CITY'S HOUSING ASSISTANCE PROGRAM. 147 RES. IN SUPPORT OF AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPOR- TATION FOR RISE PROGRAM FUNDS. 148 RES. AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR RAIL ASSISTANCE PROGRAM FUNDS. 149 RES. AMENDING THE NAME, ADVISORY SCOPE, AND MEMBER- SHIP OF THE RIVERFRONT COMMISSION OF THE CITY OF IOWA CITY, IOWA. 150 RES. APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. 151 RES. APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHOR- IZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. 152 RES. APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERIC TO ATTEST SAME. 153 RES. TEMPORARILY CLOSING STREET AND ALLEY RIGHTS-OF- WAY IN AND ABUTTING BLOCK 66, ORIGINAL TOWN AND AUTHOR- IZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE FIRST NATIONAL BANK OF IOWA CITY. 154 RES. TO ESTABLISH A POLICY OF THE IOWA CITY HOUSING AUTHORITY ON THE WITHDRAWAL OF OPERATING RESERVE FUNDS. 155 RES. AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF A PROCUREMENT POLICY OF THE HOUSING AUTHORITY OF IOWA CITY. 156 RES. AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONT%ACT FOR THE CONSTRUC- TION OF THE CIVIC CENTER NORTH COURT ADDITION. 157 RES. AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL 11610, TO BE EFFECTIVE JULY1, 1991, THROUGH JUNE 30, 1993. 158 RES. TO APPROVE ONE ADDITIONAL POLICE OFFICER FOR THE IOWA CITY POLICE DEPARTMENT. RESOLUTIONS BOOK it 106 91-151 to 91-113 PAGE RES. NO. TITLE DATE 159 91-159 Res. to issue Dancing Pefmit. 7/`9,/91 160 91-160 Res. to -issue Cigarette Permits. 161 91-161 Res. setting public hearing on plans, specs., form of contract and estimate of cost for the construc- tion of the Highway 1 West widening project direct- ing City Clerk to publish notice of said hearing, and directing City Engineer to place said plans, etc., on file for public inspection. 162 91-162 Res. setting public hearing on plans, specs., form of contract and estimate of cost for the construc- tion of the Oakland Cemetery retaing wall rehabili- tation project directing City Clerk to publish notice of said hearing, and directing City Engineer to place said plans, etc., on file for public inspection. 163 91-163 Res. authorizing execution of an easement agreement for shared parking between Towncrest Investment Assoc. and the Iowa City Church of the Nazarene, as required by the Iowa City Board of Adjustment. 164 91-164 Res. approving plans, specs., form of contract, and estimate of cost for the construction of the FY91 Sanitary Landfill expansion project establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. 165 91-165 Res. authorizing the conveyance of the City's interest in two Lots of the Sycamore View Subdivision for $67,000 and one Lot for $65,000. 166 91-166 Res. authorizing the release of a promissory note for property located at 409 Seventh Avenue. 167 91-167 Res. authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City and the Mid -Eastern Iowa Community Mental Health Center for the lease of space at the Iowa City Senior Center for Senior Peer Counseling Program. 168 91-168 Res. amending the budgeted positions in the City Manager's/Administrative Department and the Depart- ment of Planning and Program Development and amend- ing the Administrative Pay Plan. 169 91-169 Res. amedning the budgeted positions in the Engin- eering Division of the Public Works Dept. and the Administrative Pay Plan. 170 91-170 Res. establishing the City's Neighborhood Preservation Policy as the policy of preference in traffic mana- gement decisions. 171 91-171 Res. in support of the College Green Project and authorization for the Mayor, Mayor Pro Tem, or City Manager to sign a grant application to be submitted to the Iowa Dept. of Natural Resources. 172 91-172 Res. authorizing the Mayor to sign and the City Clerk to attest an agreement between Layne -Western Co.,Inc. of Ames, Iowa and the City of Iowa City for geotech- nical and drilling services in connection with the development of the comprehensive water supply plan. 173 91-173 Res. awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construc- tion of the storage building at the North Was&ater Treatment Facility. KnbULUTWNti PAGE 174 175 176 177 178 179 181 182 183 184 185 186 187 IM IM 190 BOOK 11 10i? 91-1,14 to 91-190 RES. NO. TITLE DATE 91-174 Res. in support of Rverson's Woods Trail Project 1/22/91 and authorization for the Mayor, Mayor Pro Tem, or City Manager to sign a grant application to be submitted to the Iowa Department of Natural Res6urces. 91-175 Res. to issue Dancing Permit. 7/23/91 91-176 Res. accepting the work for the sanitary sewer, storm sewer and paving improvements for Pepper - wood Addition, Part 8. 91-177 Res. authorizing the acquisition of certain permanent sampling well easements, construction easements and permanent access easements in conjunction with Iowa City's comprehensive water supply plan. 91-178 Res. approving plans, specs., form of contract, and estimate of cost for the construction of the Highway 1 West widening project establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. 91-179 Res. approving plans, specs., form of contract, and estimate of cost for the construction of the Oakland Cemetery retaining wall rehabilitation project establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. 91-180 Res. authorizing the Mayor to sign and City Clerk attest an agreement between the City of Iowa City, and the University of Iowa for use of the Silurian Water Wells at Burge Hall. 91-181 Res. approving easement agreements and -a screening agreement, and accepting the dedication of Public Right -Of -Way by the Iowa City Korean Baptist Church. 91-182 Res. authorizing applications for 50 section 8 existing housing units (Certificates or Vouchers) and requesting funds. 91-183 Res. on unclassified salaries and compensation for Fiscal Year 1992 for the City Manager, City Attorney, and City Clerk. 91-184 Res. to issue Dancing Permit 7/31/91 91-185 Res. adopting supplement no. 48 to the code of Ordinances of the City of Iowa City, Iowa. 91-186 Res. regarding potential judgement lien on City - owned property in Sycamore View Subdivision. 91-187 Res. fixing, date for a meeting on the proposition of the issuance of $2,340,000 general obligation Bonds (For an essential corporate purpose) of Iowa City, Iowa, and providing for publication of notice thereof. 91-188 Res. approving the preliminary plat of Regina Sub- division, Iowa City, Iowa. 91-189 Res. approving the preliminary plat of Hickory Hill Ridge Subdivision, Iowa City, Iowa. 91-190 Res. authorizing the Mayor to sign and the City Clerk to attest the FY92 renewal of an agreement between the City of Iowa City and the City of UniversityHeights for the provision of transit service within the cor- norate limits of University Heights. RESOLUTIONS BOOK # 106 91-191 to 91-207 PAGE 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 RES. NO. TITLE DATE 91-191 Res. endorsing the fifth lane option for Hwy 6 7/31/91 improvements between First Avenue in Coralville and Rocky Shore Drive in Iowa City. 91-192 Res. awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Fiscal Year 1991 Sanitary Landfill Expansion project. 91-193 Res. authorizing the Mayor to sign and the City Clerk to attest a stormwater management easement agreement between the City of Iowa City and Procter and Gamble. 91-194 Res. authorizing application for a Drug Elimination Grant in cooperation with the neighborhood centers of Johnson County. 91-195 Res. accepting quit claim deed from Johnson Co. for a portion of the West half of Miller Avenue North of West Benton Street and dedicating same as public right-of-way. 91-196 Res. authorizing execution of amendment to City of Iowa City -Holiday Inn, Iowa City Parking Agreement. 91-197 Res. to issue Cigatette Permits. 91-198 Res. to issue Dancing Permit. 91-199 Res. approving the official financial report for City Streets and Parking report for the Fiscal Year Ending June 30, 1991. 91-200 Res. approving final plat of Walden Wood, Parts 3-7. 91-201 Res. approving the Prelininary Large Scale Non -Residential Development Plan for Maher Brothers. 91-202 Res. of Intent to convey to Hickory Hill Ridge Ltd. a 10 foot wide portion of the ex- isting 60 -foot wide access easement within the proposed Hickory Hill Ridge Subdivision. 91-203 Res. extending the expiration date for the approved amended preliminary Large Scale Non - Residential Development (LSNRD) Plan for Lots 2 and 3, Highlander Development First Addition. 91-204 Res. instituting proceedings to take addi- tional action for the issuance of $2,340,000 General Obligation Bonds. 91-205 Res. directing sale of $2,340,000 essential Corporate Purpose General Obligation Bonds. 91-206 Res. authorizing and providing for the issuance of $2,340,000 General Obligation Bonds and Levying a Tax to pay said Bonds. 8/20/91 91-207 Res. authorizing and directing the filing of an application on behalf of the City of Iowa City with the Department of Transportation, United States of America, for a Grant under Section 9 of the Urban Mass Transportation Act of 1964, as amended, for Transit operating and Capital Assistance Funding, and designa- ting the City Manager as the City Official gra ----- -„a �nnl;rat;nn RESOLUTIONS BOOK#106 91-208 TO 91-220 PAGE RES. NO. TITLE DATE 208 91-208 Res authorizing the submission of a Housing 8/20/91 Assistance Fund Program Application to the Iowa Finance Authority (IFA) for the purpose of funding a Rental Rehabilitation Program. 209 91-209 Res. authorizing the submission of an application to the State of Iowa Department of Economic Development (IDED) for the prupose of funding a Rental Rehabilitation Program. 210 91-210 Res. authorizing the Mayor to execute and the City Clerk to attest a Subordination Agreement between the City of Iowa City, Iowa, and Hills Bank & Trust Co. for property located at 1117 E. College St. 211 91-211 Res. authorizing the Mayor to execute and the City Clerk to attest a release of Mortgage for Property located at 417 Garden Street. 212 91-212 Res. authorizing the Mayor to execute and the City Clerk to attest a subordination agreement between the City of Iowa City and Hills Bank & Trust for property located at 314 S. Governor St. 213 91-213 Res. authorizing the execution of an amended implementation agreement between the Johnson County Council of Governments, the City of Iowa City and Johnson County providing for the delivery of Planning Services by the Johnson County Council of Governments. 214 91-214 Res. amending the Administrative Pay Plan to add a new position. 215 91-215 Res. amending the Budgeted postiions in the Library and the Administrative Pay Plan. 216 91-216 Res. authorizing execution of a lease for Business property for the Rental of Suite 300 in the Savings and Loan Building for use by the Public Works Dept. Offices. 217 91-217 Res. authorizing the Mayor to sign and City Clerk attest an agreement between Brice, Petrides -Donohue of Waterloo, Iowa and the City of Iowa City,Iowa, to provide consulting services to assist the City in acquiring NPDES Permits for Storm Water Dis- charges from Municipally owned Industrial Sites. 218 91-218 Res. authorizing execution of an agreement for the Iowa Highway 1 West Paving Improvement Project with the Iowa Department of Transportation. 219 91-219 Res. awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Iowa Highway 1 West Im- provement Project. 220 91-220 Res. awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Oakland Cemetery Re- taining Wall Rehabilitation Project. RESOLUTIONS BOOK 11106 91-221 to 91- 236 PAGE RES. NO. TITLE DATE 221 91-221 Resolution amending the comprehensive plan to 9/3/91 change the sequence of development from Phase II (2000-2010) to Phase I (1989-1999) for an area of Iowa City to be known as the Central South Area. 222 91-222 Resolution amending the comprehensive plan by changing the land use classification of 50.32 acres of property located in West Side Park Subdivision from intensive commercial to residential (8-16 Dwelling Units per acre) and 6.97 acres of property located in West Side Park Subdivision from Intensive Comm- ercial and Highway Commercial to General Commercial. 223 91-223 Resolution of Intent to convey to David Steve vacated Lafayette Street Right -Of -[day between Maiden Lane and South Gilbert Street. 224 91-224 Resolution approving Final Plat of Regina Subdivision. 225 91-225 Resolution Authorizing sale and conveyance of a 10 -Foot wide portion of the Existing 60 -Foot wide access easement within the proposed Hickory Hill Ridge Subdivision. 226 91-226 Resolution apprbvUng Final Plat of Hickory Hill Subdivision. 227 91-227 Resolution rescinding Resolution No. 91-209 and authorizing the submission of an application to the State of Iowa Dept. of Economic Development (IDED) for the purpose of funding a Rental Rehabilitation program, and commitment by the City of Iowa City to provide staffing and administrative expenses to implement said program. 228 91-228 Resolution authorizing execution of an agreement between the City of Iowa City, and the United States of America, by and throughout the Geological Survey, U.S. Dept. of The Interior. 229 91-229 Resolution authorizing the Mayor to execute and the City Clerk to attest a release of lien for property located at 926 Maggard Street. 230 91-230 Resolution Ratifiying Settlement of Pending Litigation. 231 91-231 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between Rice,Williams Associates of Washington D. C. and the City of Iowa City, Iowa to provide consulting services to assist the City in the process of franchise renewal/refran- chising for Cable Television Services for the City of Iowa City. 232 91-232 Res. to issue Cigarette permits. 9/17/91 233 91-233 Res. adopting supplement No. 49 to the Code of Ordinances of the City of Iowa City, Iowa. 234 91-234 RES authorizing and directing the Johnson County Auditor to place the question of whether to levy a tax for the support of the Public Library be- fore the qualified electors of Iowa City at the general election of November 5, 1991. 235 91-235 Res. accepting the work for the FY91 asphalt re- surfacing project. 236 91-236 Res. accepting the work for the water main,sanitary sewer, storm sewer and paving improvements for Whispering Meadowa, Part 1. RESOLUTIONS BOOK #106 91-237 To 91- 251 PAGE Res. NO. TITLE DATE 237 91-237 Res. setting public hearing on plans, specs, 9/17/91 form of contract and estimate of cost for the construction of the Council Chambers remodeling project directing City Clerk to publish notice of said hearing, and directing City Engineer to place said plans, etc., on file for public inspection. 238 91-238 Res. authorizing sale and conveyance of excess city property, to wit, a vacated portion of Laf- ayette Street Right -Of -Way generally located be- tween Maiden Lane and South Gilbert Street in Iowa City, Iowa, subject to retaining certain utility easements. 239 240 241 242 243 244 245 246 247 248 249 250 251 91-239 Res. approving final plat of Apple Ridge Subdivision. 91-240 Res. authorizing execution of two permanent sampling well easement agreements needed to carry out the Iowa City water supply plan, to be located in the buried channel aquifer. 91-241 Res. commencing the Cable Television renewal Pro- ceeding in accordance with Section 626(a) of the Cable Communications Policy Act of 1984(Cable ACT), and setting public hearing, for the purpose of identifying future Cable -Related community needs and interests and reviewing the performance of Heritage Cablevision, Inc. 91-242 Res. amending the budgeted positions in the Treasury Divison of the Finance Department and the AFSCME Pay Plan. 91-243 Res. repealing the 1981 Personnel Policies Manual and establishing an amended personnel manual. 91-244 Res. authorizing the Mayor to execute and the City Clerk to attest a subordination agreement between the City of Iowa City and Iowa State Bank & Trust Co. for property located at 424 E. Jefferson St. 91-245 Res. authorizing execution of a limited release agreement concerning stormwater management ease- ment agreement with Whispering Meadows Subdivision Part One. 91-246 Res. to Issue Cigarette Permits. 10/1/91 91-247 Res. accepting the work for the Park Road bridge Pier Project. 91-248 Res. accepting the work for the Sanitary Sewer, Storm Sewer and paving improvements for Galway Hills, Part 1. 91-249 Res. amending the comprehensive plan by changing the land use classification for Lots 16-19 of Bailey & Beck Addition from general Commercial to Resi- dential(2-8Dwelling Units per acre). 91-250 Res. accepting the preliminary and final large scale non-residential development for Lot 8 of Block 2 (Except E 150' thereof), Towncrest Addition. 91-251 Res. approving plans, specs., form of contract, & estimate of cost for the construction & remodeling of the Iowa City Civic Center Council Chambers for Handicapped accessibility, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, & fixing time & place for receipt of bids. RESOLUTIONS BOOK #106 91-252 TO 91-269 PAGE RES. NO. TITLE DATE 252 91-252 Res. approving plans, specs., form of contract, 10/1/91 & estimate of cost for an equipment shelter for Trunked Radio Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, & fixing time & place for receipt of bids. 253 91-253 Res. authorizing the Mayor to execute & the City Clerk to attest a Subordination Agreement between the City of Iowa City & Iowa State Bank & Trust Co. for property located at 435 Oakland Avenue. 254 91-254 Res. establishing a fee for the processing of Housing Rehabilitation loan subordination agreements. 255 91-255 Res. authorizing the City Mgr. to enter into an agreement with von Briesen & Purtell, S.C., by Steven B. Rynecki, for labor negotiation services. 256 91-256 Res. amending the budgeted positions in the Police Dept. & the Administrative pay plan. 257 91-257 Res. accepting the work for the Sanitary Sewer and 10/15/91 Storm Sewer improvements for Walnut Ridge, Part 1. 258 91-258 Res. accepting the work for a portion of the Storm Sewer improvements for Idyllwild Subdivision. 259 91-259 Res. accepting the work for the water main improvements for Galway Hills, Part 1. 260 91-260 Res. approving the amended preliminary Large Scale Non - Residential development plan for Lot 2, Empire Addition. 261 91-261 Res. authorizing the Mayor to sign an application to the Iowa Dept. of Economic Development for Iowa Community Betterment account funding on behalf of Sueppel's Flowers, Inc. 262 91-262 Res. authorizing the Mayor to sign and the City Clerk to attest an agreement between City of Iowa City & the Iowa Dept. of Transportation for a Grant from the Iowa Rail Economic Development program. 263 91-263 Res. temporarily closing street & alley rights-of-way in & abutting Block 62, original Town & authorizing the execution of an agreement for temporary use of public right-of-way between the City of Iowa City & Qiversified properties, Inc. 264 91-264 Res. approving, authorizing, and directing the Mayor & City Clerk to execute & attest, respectively, a license agreement between the City & the State of Iowa to provide for the installation & maintenance of a fiber optic cable system in certain City streets for the provision of communications between various State Facilities. 265 91-265 Res. awarding contract & authorizing Mayor to sign & City Clerk to attest contract for the procurement of an equipment shelter for trunked radio project. 266 91-266 Resolution to Issue Dancing Permit 10/29/91 267 91-267 Accepting the work for the FY91 Sanitary Sewer improve- ments project. 268 91-268 Adopting Supplement No. 50 to the Code of Ordinances of the City of Iowa City, Iowa. 269 91-269 Setting public hearing on plans, specs., forMof contract, & estimate of cost for the construction of the Lafayette St. Sanitary Sewer repair project directing City Clerk to publish notice of said hearing, & directing City Engineer to place said plans, etc., on file for Public Inspection. RESOLUTIONS PAGE 270 271 272 273 274 275 276 277 278 279 WE 281 282 283 RES. NO. 91-270 BOOK #106 91-270 TITLE TO 91-283 Approving the amended preliminary and final LSNRD plan for Lot 8 of Block 2 (Except E 150' Thereof), Towncrest Addition. DATE 10/29/91 91-271 Setting public hearing on proposed Ordinance amending the zoning Ordinance by establishing a Moratorium until April 1, 1992 on new construction for property Zoned RM -145 and located within the boundaries of the Near Southside Neighborhood Redevelopment Plan. 91-272 Awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of Council Chambers Remodeling Project. 91-273 Res. authorizing the adoption and submission of a comprehensive housing affordability strategy (CHAS) for Fiscal Years 1992-1996 under Title I of the 1990 Cranston -Gonzalez National Affordable Housing Act, including all the necessary certifications and design- ating the City Manager as the authorized Chief Executive Officer for the CHAS. 91-274 Authorizing the Mayor to sign and the City Clerk to attest the release of a promissory note and mortgage for property located at 1421 East Davenport Street. 91-275 Authorizing the Mayor to sign and the City Clerk to attest to the release of a Promissory Note and Mortgage for property located at 1003 Highland Avenue. 91-276 Authorizing execution of mandatory agreement #5 to annual contributions contract between the City and the Federal Government relating to funds for public housing. 91-277 Authorizing City Engineer to Negotiate locations for access easements between Kent Braverman and the City, and between Kent Braverman, the Donovans and the City, pursuant to a condemnation proceeding of a portion of the South Wastewater Treatment Plant Access Road. 91-278 Approving the corrected final plat of Regina Sub- 11/12/91 division, the corrected final plat of Hickory Ridge Subdivision, and the corrected legal description of real property conveyed by the City within Hickory Hill Ridge Subdivision. 91-279 Authorizing execution of a limited release agreement concerning stormwater management easement agreement with Galway Hills Subdivision, Part One. 91-280 Approving plans, specs., form of contract, and esti- mate of cost for the construction of the Lafayette St. sanitary sewer repair project establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. 91-281 Authorizing the Mayor to sign and City Clerk attest an agreement between MMS, Inc. of Iowa City, Iowa and the City of Iowa City to provide consulting services for the South Sycamore Trunk Sewer Project. 91-282 Fixing date for a meeting on the proposition to to expand the purpose of the Bonds, and providing for publication of notice thereof. 91-283 Authorizing execution of consolidated annual con- tributions contract KC -9033E. Project No. IA05- E022-016. RESOLUTIONS BOOK #106 91-284 TO 91- 296 PAGE RES. NO. TITLE DATE 284 91-284 Accepting the work for the sanitary sewer, storm sewer, 11/26/S water main, and paving improvements for Rochester Heights, Lots 21-60. 285 286 287 288 289 290 291 292 293 294 295 296 91-285 Res. approving.the amended preliminary large scale non- residential development plan for lots 1,2, and a portion of lot 3, Highlander development First Addition. 91-286 Res. instituting proceedings to take additional action for the expansion of the purpose of $2,960,000 General Obligation Bonds dated December 1, 1989. 91-287 Res. authorizing the Mayor to sign and the City Clerk to attest an agreement with the Iowa Department of Trans- portation for a Rail Assistance Economic Development Grant, and an ancillary agreement with Procter & Gamble Manu- facturing Company, and rescinding Res. 91-262. 91-288 Res. awarding contract and authorizing Mayor to sign and City Clerk to attest contract for the construction of the Lafayette Street Sanitary Sewer Repair Project. 91-289 Res. Authorizing execution of an agreement for the Iowa Highway 6 paving improvement project from Rocky Shore Drive to First Avenue with the Iowa Dept. of Transpor- tation and the City of Coralville. 91-290 Res. authorizing the Mayor to execute and the City Clerk to attest a release of mortgage for property located at 417 Garden Street. 91-291 Res. to issue dancing permit. 91-292 Res. accepting the work for the Highway #1 West paving improvements project. 91-293 Res. accepting the work for the Northwest Sanitary Sewer Project. 91-294 Res. authorizing the Mayor to sign and the City Clerk to attest an agreement with Shive Circle Partners, an Iowa General Partnership, for Sanitary Sewer and Storm - water management easements within Lot 2, Empire Addition. 12/10/91 91-295 Res. authorizing the Mayor to sign and the City Clerk to attest an agreement with the Iowa Department of Transpor- tation for a Revitalize Iowa's Sound Economy (Rise) Grant, and an Ancillary Agreement with Procter & Gamble Manu- facturing Company. 91-296 Res. authorizing applications for 25 units of Section 8 certificates, 25 units of Section 8 Vouchers and 20 units of Public Housing for a self sufficiency Program. -�� RESOLUTION NO. 91-1 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Towncrest Amoco Service Inc. It was moved by Horowitz and seconded by Ambrisco that the Resolution as read be adopted-, and upon roll call t ere were: AYES: Ambrisco x Courtney x Horowitz x Kubby x Larson x t McDonald x Novick x NAYS: ABSENT: Passed and approved this 8th day of -January-, 19 91 . i Lt!jcffkW � 14Ye Mayor r � Attest: Ci ler c v RESOLUTION NO. 91-2 RESOLUTION ACCEPTING THE WORK FOR.THE COLLEGE STREET BRIDGE REHABILITATION AND IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the College Street Bridge Rehabilitation and Improvement Project as included in a contract between the City of Iowa City and Wolf Construction, Inc., of Iowa City, Iowa dated October 5, 1990, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, .NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Horowitz and seconded by Ambrisco that the resolution as read be' adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK Passed and approved this 8th day of January 1991. ATTEST: CI j MAYOR 41 APPRAVED AS TO FORY1 f\e- S)r . RESOLUTION NO. 91-3 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALNUT RIDGE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners and subdividers, Southgate Development Company, Inc., John W. Kennedy and Barbara F. Kennedy, husband and wife, and Dorothy Kisner, single, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walnut Ridge, a subdivision of Iowa City, Johnson County, Iowa; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission, and after due deliberation, the Commission has recommended that it be accepted and approved subject to extension of the municipal sanitary sewer to the east boundary of the subdivision. The Commission further recommended that certain requirements, as specified in Article III of Chapter 32 of the City of Iowa City Code of Ordinances, be varied as listed below; and WHEREAS, with the exception of the modifications noted below, the preliminary plat is found to conform with Chapter 409A, Code of Iowa and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Walnut Ridge is hereby approved subject to extension of the municipal sanitary sewer to the east boundary of the subdivision and with the following modifications of the requirements of Article III of Chapter 32 of the City of Iowa City Code of Ordinances: a. Private ownership of all of the streets within the development. The Walnut Ridge Homeowners Association shall be responsible for the maintenance, repair and repaving of these streets. b. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 50 feet. C. Modification of the pavement requirements of the City's Street Standards and Specifications for collector streets to permit traveled surfaces to be constructed a minimum of 24 feet in width, with 4 -foot wide shoulders on the undivided portions of Kennedy Parkway. Where the two lanes of this road are separated from one another by vegetative islands, each of the divided lanes shall be a minimum of 18 feet in width with 4 -foot wide shoulders. Parking shall be prohibited along Kennedy Parkway. d. Reduction of the pavement width for the looped and cul-de-sac local streets within the subdivision from 28 feet, as measured from back of curb to back of curb, to 24 feet with 4 -foot wide chipseal shoulders. In lieu of Portland Concrete Cement, Resolution No. 91-3 Page 2 the looped and cul-de-sac local streets shall initially be surfaced with chipseal. Within two years of their construction, they shall be surfaced with asphalt, a minimum of six inches in depth. e. Variation of the cul-de-sac street length limit of 900 feet to not more than 1,000 feet for Shagbark Court and Acorn Court. f. Deviation from the minimum width requirement for a cul-de-sac street turnaround, to permit a traveled surface of approximately 24 feet in width for the Burr Oak Court turnaround, and traveled surfaces of 18 feet in width for the turnarounds of the remaining five cul-de-sacs within the development. g. No provision for public sidewalks adjacent to the streets within the development due to the low density of development within Walnut Ridge. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. it was moved by Courtnev and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: 0: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 8th day of Januar '1991. r ,01s MAYOR Appr e b ATTEST: 6_pt,� 4-" Q viii CI LERK City Attorney's Office 1�0%lo ppadm1nlwalnutrd. res RESOLUTION NO. 91-4 RESOLUTION APPROVING THE PRELIMINARY SUBDIVISION PLAT OF GALWAY HILLS SUBDIVISION, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed, Limited has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills Subdivision, Part 1; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that the plat be accepted and approved, subject to certain conditions; and WHEREAS, the preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the preliminary plat of Galway Hills Subdivision, Part 1, is hereby approved, subject to 1) the legal papers for the subdivision providing for a waiver of statutory limitations and requirements for notice of assessment and objection thereto for the installation of sidewalks on Melrose Avenue, and 2) a reduction of the pavement width for Galway Place from 28 feet to 25 feet with no additional off-street parking required. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which.shall be affixed to the preliminary plat after passage and approval by law. It was moved by Larson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 8th day of ATTEST:oun CIT CLERK ppdadmin\galway.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. T•- Office; Appro by ity Attorney's RESOLUTION NO. 91-5 RESOLUTION APPROVING THE FINAL SUBDIVISION PLAT OF BLACK HILLS SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Jane I. Black, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Black Hills; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; and WHEREAS, the final plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that the plat be accepted and approved subject to the establishment of a fire rating and a letter of transmittal from the Tiffin Fire Department and a note appearing on the final plat indicating that telephone and electric utilities will be underground; and WHEREAS, these conditions have been satisfied; and WHEREAS, the final plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the final plat of Black Hills is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the final plat after passage and approval by law. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this ATTEST: \blackhll.res W NAYS: day of ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. City Attorney's Office 5 Key. IJP RESOLUTION NO. 91-6 RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR BLOOMING PRAIRIE WAREHOUSE, INC. LOCATED AT 2340 HEINZ ROAD. WHEREAS, the City Council approved the preliminary LSNRD plan for Blooming Prairie Warehouse, Inc. on February 14, 1989, which is effective for a 24 -month period or until February 14, 1991; and WHEREAS, the City Council is empowered to extend the expiration date of said preliminary LSNRD plan for an additional twelve months upon written request of the applicant, pursuant to Chapter 27-39 of the Iowa City Municipal Code; and WHEREAS, the City has received such request; and WHEREAS, no new regulations pertinent to this development have been adopted since the February 14, 1989, approval, and circumstances in the area of the proposed development are unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The expiration date for approval of the Large Scale Non -Residential Development plan for Blooming Prairie Warehouse, Inc. located at 2340 Heinz Road is hereby extended to February 14, 1992. Itwas moved by Kubby and seconded by Ambrisco roll call there were: AYES: X X X X X X X NAYS: Passed and approved this 8th day ATTEST:_a-ua,J CITY CLERK ppdadmi n\heinzrd. res ABSENT: the Resolution be adopted, and upon Ambrisco Courtney Horowitz Kubby Larson McDonald Novick of January 1991. 9G%s%G� F®R Approved by City Attorney's Office 17:7.7,71 In RESOLUTION NO. 91-7 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FISCAL YEAR 1991 SANITARY SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 29th day of January, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at, 7:30 P.M. on the 5th day of February, 1991 or at such later time and place as may then be fixed. It was moved by Ambrisco and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: X Ambrisco X Novick X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this YOR ATTEST: �Ij,J -C - CITY CLERK 8th day of January , 1991. APPROVED AS TO FORM C'ty Attorney's L7ffice -5- %/ I 'rw6 , L, 0>L - RESOLUTION NO. 91-8 RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE STATE HISTORICAL SOCIETY OF IOWA FOR THE PURPOSE OF PREPARING A COMPREHENSIVE PRESERVATION PLAN WITH FUNDS PROVIDED BY AN HISTORIC RESOURCE DEVELOPMENT GRANT. WHEREAS, the State of Iowa has established the Historic Resource Development Program (HRDP) to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has been awarded a $25,000 HRDP Grant for the purpose of preparing a comprehensive historic preservation plan; and WHEREAS, said plan will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: That the contract with the State Historical Society of Iowa, attached hereto and made a part hereof by this reference, is hereby approved; and 2. That the Mayor is hereby authorized to execute said contract for an HRDP Grant for the purpose of preparing a comprehensive preservation plan. It was moved by Courtney and seconded by adopted, and upon roll call there were: Ambrisco AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick. Passed and approved this 8th day of January 1991. ATTEST: //lam Z.y��� CLERK hrdpgrnt.res the Resolution be OR Approved b�'� iig� City Attorney's Office 1/2/9/ A HRDP HRDP Contract No. 91-100(R) STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: Iowa City Preservation Plan This agreement is made and entered into by and between City of Iowa City, hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCIETY OF IOWA, hereinafter referred to as the STATE: WITNESSETH THAT: WHEREAS, THE STATE is interested in broadening the role of local communities in historic preservation, museums, and documentary collections through the Historic Resource Development Program. WHEREAS, THE RECIPIENT desires to develop a preservation plan for Iowa City; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit D); 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State audit as directed under the Single Audit Act of 1984, P.L. 98- 502; 4. That the STATE provide for only project costs eligible under provisions stipulated by the State Historical Society of Iowa for grants-in-aid; 5. That the STATE monitor the project and provide input as called for in the attached Scope of Work (Exhibit D); 6. That the RECIPIENT and the STATE mutually agree that if, during the duration of the contract, it is deemed necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligible costs under the terms of this agreement; 8. That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, H, C, D and E; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract will be completed by May 30, 1992; 10. That the RECIPIENT and the STATE mutually agree that the coat of this contract shall be $41,667.00. All eligible costs necessary to carry out the project shall be initially advanced by'the RECfPIENT and then the STATE shall reimburse the RECIPIENT for $25,000.0 upon receipt of all work products and as specified in the Scope of Work. The-ag}eement will end on June 30, 1992. The final bill must be submitted with the final report by May 30, 1992; 1 11. Expenditures are to be according to the Budget, attached as Exhibit E. Adjustments between budget categories are permissible following written mutual consent between the RECIPIENT and the STATE; 12. The RECIPIENT will faithfully comply with all applicable Federal and State laws, regulations and guidelines, and technical standards, including nationally accepted library/archives and museum standards and the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIPIENT shall hold the STATE harmless from damages in any action arising from the performance of work described herein. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. REC;MMc T�4 iQ January 8, 1991 J Donald, Mayor Date ty of Iowa City STATE^ David Crosson, Administrator Date State Historical Society of Iowa IN EXHIBIT A GENERAL CONDITIONS ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE may, during the duration of this Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official of the STATE. ARTICLE II - Patent and Copyright: a. unless otherwise specified in the award notice or scopes of work, the grantee may copyright any books, publications, films, or other copyrightable material developed as a result of grant activities. The State reserves the right to borrow or use without payment of royalty fee any materials developed as a result of grant activities. ARTICLE III - Account and Records: a. Accounts - The RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costa and expenses incurred and revenues acquired under this Contract to the extent and in such details as will properly reflect all coats, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract. b. Audit and Inspection - At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records pertaining to all matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records and all other matters covered by this Contract. c. Retention of Financial Records - All records in the possession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by the RECIPIENT in the conduct of this project; however, total reimbursement shall not exceed $25,000.00. All claims shall include copies of time utilization sheets, records, documents and other evidence in support of all costa and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract: a. Termination for Cause - The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other part in writing of the determination and the reasons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding 3 N obligations as possible. The STATE shall allow full credit to the RECIPIENT for non -cancelable obligations up to the amount of $25,000.00, if said obligations are properly incurred by the recipient prior to termination. b. Termination for Convenience - The STATE and RECIPIENT may terminate this, Contract in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with. the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of the partial termination, the portion of the terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non -cancelable obligations up to the amount of $ 25,000.00,•if said obligations are properly incurred by the RECIPIENT prior to termination. C. Termination due to Non -Appropriation - Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of this Contact are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program under which funds were provided, then the STATE shall have the right to terminate this Contract without penalty by giving not lees than thirty t30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the coats of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the original award. In the event of termination of this Contact due to non - appropriation, the exclusive, sole and complete remedy of the RECIPIENT shall be payment for services completed prior to termination. d. Rights in Incompleted Products - In the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its property, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project. ARTICLE V - Equal Employment Opportunity: See Exhibit C. ARTICLE VI - Interest of Officials and others: a. STATE - No officer, employee or advisor of the STATE, including a member of the State Historical Board of Trustees or the Historic Preservation, Museum or Documentary Collections Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct, or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a subgrant, contract, subcontract, or any agreement supported with State Historical Society of Iowa assistance if the person or any of the following has a financial interest in that application. 1. The person, the person's spouse, minor child or partner, or; 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or; 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment. 4 Benefit or remuneration other than a fee in accordance with applicable statewide procedures includes, without exception, royalty commission, contingent fee, Professional services contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. ARTICLE VII - Assignment of Interest: Neither this Agreement or any interest therein nor claim thereunder shall be assigned to transferred by the RECIPIENT to any other party or parties. ARTICLE VIII - Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior written approval to subcontract by the STATE. ARTICLE IX - Contract Coverage: This instrument contains the entire agreement between the parties and any statements, inducements or promises not contained herein shall not be binding upon said parties. This Contract shall insure to the benefit of, and be binding upon, the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record in this State, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict. ARTICLE X - Procurement of Professional Services and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires solicitations from- at least three sources to permit reasonable competition consistent with the nature and requirements of the procurement. If only a single vendor exists, the society shall be so notified. 'Coat -plus -a -percentage -of -coat contracting is strictly forbidden. Rather, cost reimbursement or fixed price contracting is required. Project principal investigators must meet minimum professional standards as generally accepted by library archives and curatorial and historic preservation communities. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. 5 M EXHIBIT B SPECIAL CONDITIONS ARTICLE I - Identification of Parties: This Contract, is entered into by and between the State Historical Society of Iowa, hereinafter, called the STATE, and Iowa City Historic Preservation Commission, hereinafter called the RECIPIENT. ARTICLE II - Designation of Officials: a. STATE - The Administrator of the State Historical Society of Iowa, the historical division of the Department of Cultural Affairs, is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. He may designate a member of his staff to negotiate, on behalf of the State, any changes to the Contract. b. RECIPIENT - John Mc Donald, Mayor, is authorized to execute this Contract, John Mc Donald, Mayor, is authorized to execute. any changes in the terms, conditions, or amounts as specified in this Contract. ARTICLE III - Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis, independent financial .and compliance audits of the Historic Resource Development Program funds received from the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Circular A-128, "Audits of State and Local Governments", pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, public college or university, audits shall be made in accordance with statutory requirements and the provisions of Circular A-110. A copy of this audit must be submitted to the STATE. b. General Obligations - All work performed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations. ARTICLE IV - Conditions of Payment: a. Maximum Payment - It is expressly understood and agreed that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein. All payments for work and services under this Contract shall be on a cost incurred, non-profit basis. b. Requisition for Payment - All payments to the RECIPIENT shall be subject to the receipt by the STATE of an Invoice for payment. The invoice shall be made according to the format specified by the STATE with reimbursements to .the RECIPIENT occurring at Intervals of sixty (60) days after receipt of invoice. ARTICLE V - State Funding Acknowledgement: Publications, films, exhibits, signage, capital work in progress, invitations, press releases, publicity, fund raising efforts etc., developed as a part of this Contract shall acknowledge State aid by including the following statement as part of the Title or Acknowledgement Section with each item produced. 5 When issuing statements, press releases, and other documents describing projects or programs funded with HRDP funds, the following credit line must be included: 'This project was partially supported by a Historic Resource Development Grant from the State Historical Society of Iowa.` FIA EXHIBIT C EQUAL OPPORTUNITY: CODE OF FAIR PRACTICES 1. The RECIPIENT will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability. The RECIPIENT will take affirmative action to insure that applicants are employed and that employees are related during employment without regard to their race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. Such action shall include but not a limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. 2. The RECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the RECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification 3. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the RECIPIENT commitments under this nondiscrimination clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The RECIPIENT will comply with all relevant provisions of the Iowa Civil Right Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Employment Opportunity Act of 1972, and all provisions relevant to fair employment of the rules and regulations of the STATE. The RECIPIENT will furnish all information and reports requested by the STATE or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the STATE for purpose of investigation to ascertain compliance with such rules, regulations or requests, or with this nondiscrimination clause. 5. In the event of the RECIPIENT'S noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations or requests, this contract may be canceled, terminated, or suspended in whole or in part and the RECIPIENT may be declared ineligible for further contracts with the STATE. In addition, the STATE may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act of 1965 as amended, Chapter 601A, Code of Iowa 1973, as heretofore and hereafter amended, or by the rules and regulations of the State or as otherwise provided by law. 6. The RECIPIENT will include the provisions of paragraphs (1) through (5) hereof in every subcontract and purchase order unless specifically exempted by approval of the STATE in accordance with the rules and regulations of said STATE, so that provisions will be binding on each subcontractor or vendor. The RECIPIENT will take such action with respect to any subcontractor or purchase order as the STATE may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the RECIPIENT N becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the STATE, the RECIPIENT may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 6 EXHIBIT D SCOPE OF WORE A. WORE ELEMENTS This project is part of a long-range program of the State of Iowa to identify, evaluate, register, and protect places of historic significance in the State. The purpose of this project is to initiate the preservation planning process in the City of Iowa City, Iowa, by organizing those preservation activities in a logical sequence and setting priorities for accomplishing them. All work on the project will conform to the Secretary of the Interior's Standards and Guidelines for Preservation Planning'as published in pages 44717 through 44720 of the Federal Register of September 29, 1983, and to the project as outlined in the grant application submitted by the City on July 1, 1990. Products submitted will also be prepared in accordance with,"Archeology and Historic Preservation"; Secretary of the Interior's Standards and Guidelines: (Federal Register 48:190:44716-44742); National Register Bulletin 16: "Guidelines for Completing National Register of Historic Places Forms" (1986); and draft Supplement to Bulletin 16 (1987). The Recipient will hire a consultant who meets the Secretary of the Interior's Professional Qualifications Standards for historian, architectural historian, architect, historical architect, or historic archeologist. The consultant must also have some experience in preservation planning. The consultant will conduct research, serve as a facilitator at community meetings, and work with the Iowa City Historic Preservation Commission to draft the preservation plan. The consultant will be responsible for the overall technical quality of the project. The Iowa City Historic Preservation Commission, and other interested parties will assist with the project. Grant administration will be handled by the Recipient. The project will consist of the following components: 1. Develop a strategic plan for historic preservation. 2. Establish and integrate initial historic contexts into the plan. 3. Develop goals and priorities for the identification, evaluation, registration, and treatment of Iowa City's historic resources. 4. Making the initial results available to the broader public and private planning processes. S. Review historic preservation in Iowa City, past and present. To accomplish these tasks, the following work elements must be completed: 1. Develop a strategic plan for historic preservation: a. Organizing preservation activities in a logical sequence -- including determining in the plan when an area should be examined for historic properties, establishing how significance is determined, and showing how a significant property should be treated. b. Determining the interested groups and individuals to be included in the planning process, and, 10 dA u C. Planning for the ongoing incorporation of new materials into the planning process and its documents. 2. Develop and integrate historic contexts into the plan: a. Identifying the concept, time period, and geographical limits for the historic contexts. b. Surveying existing information: 1. Identifying the information resources available and applicable to understanding local history, 2. Identifying the organizations, groups and individuals important to the further development of historic contexts, 3. Compiling information on previous surveys, 4. Identifying existing planning data and factors which might affect the attainment of preservation goals, and 5.1 Assessing biases in the information, C. Synthesizing the information, d. Defining property types known to exist or which could exist within the community; 1. Identifying the property types, 2. Characterizing the locational patterns, 3. Assessing the current conditions of the property types; and e. Identifying further information needs. 3. Develop goals and priorities for the identification, evaluation, registration, and treatment of Iowa City's historic resources: a. Stating goals as preferred preservation activities for property types, b. Indicating the most appropriate methods or strategies for carrying out the activities, C. Setting a schedule within which the activities should be completed, d. Stating the effort required, so as to provide a way to evaluate progress toward the goal's accomplishment, 4. Making the initial results available to the broader public and private planning processes: a. Creating planning documents which can be easily revised and updated, b. Providing either broad distribution or easy access to the documents and products among government offices, developers, and the interested public, 11 a C. Actively seeking public involvement and discussion of these initial products and proposals with the goal of meaningful revisions. 5. Review historic preservation in Iowa City, past and present. a. Explore the level of public awareness and support for historic preservation. b. Review the activities of city and private preservationists from the first organized preservation effort to the present day. C. Identify the preservation actors, both central and peripheral, and chart their cooperation, interaction, and communication patterns over the history of the local preservation movement. e. Review the role of"pro-development" actors and forces in the city during the same time period. f. Review ordinances, regulations, surveys, inventories and educational and promotional materials which were enacted or developed through this time period. H. FINAL PRODUCTS: Three copies of the draft materials will be submitted to the State for review purposes. Five final copies of the plan will be provided to the State. A master copy of the plan, suitable for reproduction, will be delivered to the City of Iowa City as one of their copies. One copy of the Multiple Property Documentation Form will be submitted on the proper archival National Register nomination forma for the purposes of state and federal review. This document will be edited and finalized as a final document following those reviews. Additional copies of the MPDF will be included as a sub -component of the plan referenced above. The preservation plan: The following general outline is suggested for the plan document: a. Historic preservation program overview. A recounting of that which has gone before. Summary of local preservation goals, resources and opportunities. List and define short and long term goals and objectives. Inventory human, organizational, capital and other resources that are available to aid preservation. List and define opportunities, specific positive factors, which offer exploitation. List community/regional organizations, "actors" who do or might play a role in resource management, preservation programming and planning with a description/analysis of how these entities do or might work with the local preservation commission. Specify each entity's resource management role, preservation role, and the planning or programming linkages that tie it to local preservation. List and define a reasonable number of initiatives or priorities that will improve the preservation performance or planning linkage between the commission and the entity. 12 d. Summary of an actual planning process, reflective of b. above, that sets out a regular communications, decision-making, and educational procedural matrix. This process will unify all of the plan components. e. A project review procedure will be included in c. above. Projects or actions which impact local historic resources will be regularly and uniformly reviewed by the local commission (in accordance with standards and authority as recommended by the Recipient, and implemented by the council) and other key preservation actors. This procedure will cover both long term planning and short term crisis situation response. f. A description of existing and potential preservation linkages with local economic development and tourism with emphasis on a positive summary of the positive role that preservation can play in these areas. Related goals and priorities, recommended educational materials and programming will be attached. This plan component will be included in a -c above. g. A cumulative list of proposed local preservation ordinance amendments, endorsed by the local commission, with a schedule and procedure for council consideration and implementation. These will be short and long term in nature. h. Describe a planning process that develops alternative plane in response to emergency situations (incorporated in c -d above). i. Summary figures, tables showing current and proposed organizational linkages, proposed planning flow charts. 2. The contextual summary will be presented using a "Multiple Property Documentation Form." This overview will serve as the vehicle for nominating individual resources including districts, as well a multiple property thematic packages. This document will be a subset of the plan, described above. The National Register Multiple Property Documentation Form (NPS 10- 900-b, January 1987) will be completed in accordance with instructions contained in pages 17-35 of National Register Bulletin 16. The draft submission will include all component parts in sufficient detail so as to allow for thorough community and state review. Format is to consist of typed, double-spaced text, on white 8 1/2 x 11 inch paper with ample margins, and to be paginated. A revised or second draft can be requested if necessary. The Multiple Property Documentation Form (without any accompanying nominations) will be considered by.the State National Register Nominations Review Committee at one of its regular meetings (August 15 or November 14, 1991). The Offeror is expected to make any requested changes following committee or National Park Service review. 3. Press Releasee: The City will generate at least three press releases over the course of the project. 4. Research Design: The Offeror will within thirty days of contracting meet with the appropriate staff representing the City of Iowa City and if necessary the State to finalize a specific research design to accomplish the preparation of the plan and MPDF described above. It is intended that the Offeror will present a fairly specific research design as a component of their response to this proposal. 13 N C. SCHEDULE This project will begin upon signing of the contract by both parties. Recipient submits draft subcontract to State for review Recipient hires consultant and submits a copy of subcontract to State Consultant submits draft MPDF plan to the State for approval Consultant submits second draft materials to State for approval Consultant submits all final materials D. REIMBURSEMENT SCHEDULE March 30, 1991 April 30, 1991 February 28, 1992 April 30, 1992 May 30, 1992 The grantee must submit a PROGRESS REPORT describing the project. The progress report must be submitted on forms provided by the State Historical Society and all information and documentation must be supplied as outlined in the progress report instructions. The progress reports must be submitted according to the following schedule. The grantee may request up to the designated % of grant funds at that time. April 30, 1991 up to 108 July 30, 1991 up to 308 October 30, 1991 up to 50% January 30, 1992 up to 708 The grantee may request up to 808 of grant funds upon submission of final documents from the consultant and after the documents have been approved by the Bureau of Historic Preservation. The project work will be completed by May 30, 1992. The grantee must submit a FINAL REPORT describing the project in detail. The final report must be made on forme supplied by the State Historical Society and must include all information and documentation as outlined on the HRDP final report form. Due on or before May 30, 1992. The final 208 of grant funds may be requested after the final report is received and approved by the HRDP Coordinator. Approval will be sent in writing to the grant recipient. Due on or before June 30, 1992. D. COORDINATION This agreement will be managed by Bob Miklo, Historic Preservation Planner, City of Iowa City, in cooperation with James Jacobsen, Bureau Chief, State Historical Society of Iowa, Capitol Complex, Dee Moines, Iowa 50319. Routine information and technical guidance will be provided by Jacobsen. All accounting matters and payments shall be handled by Lynda Wessel, HRDP Coordinator, (515)242-6194. All bills and progress reports shall be directed to Wessel. 14 The Recipient will maintain continuous coordination with Jacobsen (515)281- 4358 during the course of this contract. 15 MMIBIT B BUDGET 16 0 *Match Grant *Cash In -Rind Request Total Associate planner $7,136 $ 7,136 Professional volunteers $5,733 $ 5,733 Volunteers $1,501 $ 1,501 Consultants fees $1,267 $25,000 $26,267 Paper $ 50 $ 50 Film $ 100 $ 100 Graphic supplies $ 50 $ 50 Car expense for field work $ 200 $ 200 Printing $ 500 $ 500 Postage $ 30 $ 30 Film processing $ 100 $ 100 TOTALS $8,403 $8,264 $25,000 $41,667 16 0 RESOLUTION NO. 91-9 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR THE PURPOSE OF PREPARING A NOMINATION TO THE NATIONAL REGISTER OF HISTORIC PLACES FOR THE HOUSES BUILT BY HOWARD MOFFITT. WHEREAS, the CLG Grant Program has been established to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission proposes to prepare a nomination to the National Historic Register of Historic Places for the houses built by Howard Moffitt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Historic Preservation Commission is hereby authorized to file an application for a CLG Grant for the purpose of preparing a nomination to the National Historic Register of Historic Places for the houses built by Howard Moffitt. That the Mayor is hereby authorized to execute said grant application. It was moved by Rubbv and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz Kubby X Larson X McDonald X Novick Passed and approved this 8th day of Janaury 1991.1_ "" (/ Approve by ATTEST:J//BA.,, 2e— 7e,i,J CITY CLERK City tomey's Office 14 clggrnt.res iA 6t. G vw' , , T-,6-= . RESOLUTION NO. 91-10 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AN AGREEMENT BETWEEN NEUMANN MONSON P.C. OF IOWA CITY, IOWA 8 THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR THE CHAUNCEY SWAN PLAZA PARKING STRUCTURE AND THE RECREATION CENTER PARKING STRUCTURE WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with Neumann Monson P.C., a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with Neumann Monson P.C. for consulting services for the Chauncey Swan Plaza Parking Structure and the Recreation Center Parkinq Structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Neumann Monson P.C. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Courtney and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 8th day of Janaury 1991. yy, / APPROVED AS TO FORM ATTEST: /'/(qua w' 7,1 . lkQa CITECLERK Cfty Attorney's Office /a -el- �?d I(> AGREEMENT Between The City of Iowa City and Neumann Monson P.C. for Two Parking Facilities Designated as: Chauncey Swan Plaza Parking Structure and Recreation Center Parking Structure This Agreement, made and entered into this 8th day of January , 1991, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Neumann Monson, P.C., of Iowa City, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties that the City does contract with the Consultant to provide services as set forth herein according to the terms of this Agreement. Special Considerations Facility construction must be completed in two stages with construction of the Chauncey Swan Plaza Parking Structure scheduled to be completed prior to commencement of construction on the Recreation Center Parking Structure. Facility design must provide for one level of supported parking, and a goal of a minimum of 120 additional parking spaces at each location. At the present time, both sites contain mature plantings. The City wishes to maintain these plantings to the greatest extent possible. Two large sanitary sewer lines run through both sites, north to south. The Ralston Creek floodway encroaches onto both sites. A small park area separates the existing Chauncey Swan parking lot into long term and short term areas. This park area is to be retained if possible. An alternative that enhances the beauty and usability of this area will be given special consideration. The area west of the Chauncey Swan Plaza Parking Structure site must remain open for delivery/service vehicles up to semi -size. Access at Gilbert Street and Burlington Street is discouraged. Pedestrian and handicap access to College Street is desired. Provisions must be made for loading and removal of snow. Parking facility use will be long term and/or metered parking. Scope of Services The Consultant has previously submitted 'Proposal to Provide Architectural and Engin-:ring Services for Expanded Parking Facilities" dated September 6, 1990, along with 'Professional qualifications for Neumann Monson P.C. in Association with Rich and Associates Inc. for Expanded Parking Facilities." Parties agree that these two documents are incorporated herein by reference. The City of Iowa City desires to construct one level of supported parking above two existing surface parking lots, Chauncey Swan Plaza (North site) and Recreation Center lot (South site). These facilities will be owned and operated by the City of Iowa City and will be financed by User Revenue Bonds. 2 Services provided by the Consultant shall be divided into the following phases: Phase 1: Programming and Schematic Phase Phase 2: Design Development Phase Phase 3: Construction Documents Phase Phase 4: Construction Phase r Specific work to be accomplished in each phase shall be, but is not limited to, specific services as defined below. Phase 1 - Proerammine and Schematic Desien Phase Services to be completed by the Consultant during this phase shall include the following: 1. Meet with City staff and affected parties to define goals and objectives. 2. Based on information provided by the City, provide a program defining the Project and those elements of design necessary to achieve objectives. 3. Study and review applicable codes and regulations which impact on the design. 4. Prepare a boundary and topographic survey incorporating the area on which the two parking structures are to be built. All information necessary for design shall be included. Survey shall locate streets, structures, utilities, curbs, parking, street lights, sub station, trees, plant materials and features which must be considered in the design of the facilities. Topographic data shall include elevations as requited on a 50'-0" grid and 25'-0" grid on banks and inclines. 5. Provide a Geotechnical exploration program consisting of 10 soils borings drilled not to exceed fifty five (55) feet or. refusal. Evaluation, analysis and recommendations shall also be included. 6. Prepare preliminary design concepts together with alternatives and narrative description for approval by City. Study alternatives for one deck or two decks (possible future expansion), above lower, on grade, parking level together with preliminary cost of each. Study park, landscaping amenities, location and incorporation of Farmer's Market. 7. Review internal and external circulation. S. Prepare schedule and construction budget requirements. 9. Submit a preliminary estimate of construction cost based on area, volume or other unit costs. 10. Submit schematic design to City for approval and modify as required for acceptance. Schematic design shall include but not be limited to site plan with appropriate shades, shadows, and texture variations and major building and bridge elevations with shades and shadows. I f7 3 Phase 2 - Design Development Phase Upon approval of Programming and Schematic Design Phase and authorization by die City to proceed: 1. Prepare further documentation of the accepted design consisting of plans, elevations, sections and outline specifications. 2. Fix and describe dee size and character of the Project as to the architectural, structural, mechanical and electrical systems, lighting and signing, stairs and elevator (if required), vehicular entry and exit, materials, texture and such other elements as may be appropriate. 3. Update and refine the preliminary estimate of Construction Cost. Advise the City of any adjustments. 4. Submit 1, 2, and 3 above to the City for approval and modify as required for acceptance. Phase 3 - Construction Documents Phase Upon approval of the Design Development Phase, and authorization by the City to proceed: 1. Based on the approved Design Development Documents and any further adjustments in tlmc scope or quality of the Project or in the construction budget authorized by the Owner, prepare final Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the project. 2. Coordinate construction work and schedule with various regulatory agencies, utility companies and other affected public and private entities as required. . 3. Prepare the necessary bidding information, bidding fors, the Conditions of the Contract and the for of Agreement between City and Contractor. 4. Incorporate City standard specifications wherever applicable. 5. Prepare a final cost estimate. 6. Attend City required public hearings. 7. Assist the City in securing bids, provide a list of qualified bidders, and distribute plans and specifications to prospective bidders. 8. Assist the City in awarding of the construction contract; consistent with the public bidding requirements of Iowa law. 9. Submit original plans, specifications and bid documents.to the City for printing. In 4 Phase 4 - Construction Phase The Consultant shall advise the City during construction and shall provide the following services: Prepare elementary sketches and supplementary sketches required to resolve or clarify, actual field conditions encountered. 2. Review and approve shop and erection drawings, the results of tests and inspections and other data which the contractor is required to submit, for compliance with the contract documents. 3. Make periodic visits to the site to observe, as an experienced and qualified design professional, the progress and quality of the executed work, and to determine, in general, if the work is proceeding in accordance with the contract documents. The Consultant shall not be responsible for the means, methods, techniques, sequences or procedure or construction selected by the contractor, or for the safety precautions and programs incidental to the work of the Contractor. The Consultant's efforts shall be directed toward providing assurance to the City that the completed Project conforms to the contract documents. During such visits and on the basis of on- site observations, the Consultant shall keep the City informed of the progress of the work; shall endeavor to guard the City against defects and deficiencies in the work of contractor, and shall recommend disapproval or rejection of work failing to conform to the contract documents. Such site visits are not intended to substitute for technical observations by an on-site resident inspector employed by the City. 4. Upon request of the City, discuss and interpret the requirements of the Contract Documents. Interpretations of the Consultant shall be consistent with the intent of and reasonably drawn from the Contract Documents and shall be in written or graphic form. 5. Review and process applications for progress payments. Final approval of all payments shall be authorized by the City. 6. Upon completion of construction, make a Final Inspection of the work. 7. The Consultant shall be a representative of and shall advise and consult with the City. The City shall be the final authority. Additional Services If authorized in writing by the City, the Consultant shall fumish or obtain from others, additional services not included in Phases 1 through 4 as follows: 1. Services required for design of two or more levels of supported parking. 2. Additional reproduction requested by City: The City shall provide for all reproduction of plans, specifications, and addenda except 5 sets of plans and specifications submitted for approval during the first three phases of the work. The City shall pay all mailing charges for plan distribution. 3. Additional soils borings and technical data required to determine piling and foundation design. (Ten borings locations are included in Contract.) 1C) 5 4. If more extensive representation at the site than is described in Phase 4 is required, the Consultant shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 5. Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or Contractor under the Contract for Construction. 6. Providing services in connection with an arbitration proceedings or legal proceeding except where the Consultant is party drermo. 7. Providing special studies, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 8. Providing services relative to future facilities, systems and equipment. 9.. Providing coordination of construction performed by separate contractors or by the City's own forces and coordination of services required in connection with construction performed and equipment supplied by the City. 10. Providing services required because of significant changes in the project after approval of Phase One including, but not limited to, size, quality or complexity. 11. Providing services in evaluating an extensive number of claims submitted by the contractor or others in connection with the work. 12. Providing analyses of owning and operating costs. 13. Assist the City as expert witness in any litigation arising from the development or construction of the project, and in hearings before any court or before various approving and regulatory aecncies. 14. Preparation of reproducible contract drawings modified to reflect significant changes made during construction. Time of Completion The Consultant shall complete each Phase within the times listed below: Programming and Schematic Design Phase: 60 days after execution of this Agreement. Design Development Phase: 60 days after authorization to proceed. Construction Documents Phase: 90 days after authorization to proceed. Construction Phase: The Consultant shall provide appropriate schedules within the contract documents. 1r`� 1.1 Compensation for Services The City agrees to pay for services stated in this Agreement as follows: Phase 1 —Programming and Schematic Design Phase: The Consultant shall be paid a lump sum fee of $58,354.00. Note: $28,750 is included above for surveys and soil borings. 2. Phase 2 - Design Development Phase: The Consultant shall be paid a lump sum fee of $29,604.00. 3. Phase 3 - Construction Documents Phase: The Consultant shall be paid a lump sum fee of $59,208.00. 4. Phase 4 - Construction Phase: The Consultant shall be paid a lump sum fee of $29,604.00 5. Additional Services: The total fee for each requested duty shall be established, in writing, by the parties before the Consultant begins the task. 6. All fees for Phases Ones, Two and Three shall be billed and due upon completion of each phase and upon approval by the City. Fees for Phase Four shall be due and payable in proportion to the percent of completed construction. kc) 7 GENERAL TERMS A. The Consultant shall not commit any of the following employment practices, and agrees to prohibit the following practices in any subcontracts: 1. To discharge or refuse to hire any individual because of their race, color, religion. sex, national origin, disability, age, marital status or sexual orientation. 2. To discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. B. Should the City terminate this Agreement, the consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amounts listed in the compensation for services section. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant C. This Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties. D. It is understood and agreed that the City's retention of the Consultant under the terms of this Agreement shall be as an independent contractor, and not as an employee, shall be exclusive with the Consultant executing this Agreement, and that the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by Consultant for the Project shall be made available by City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal or local law or contrary to the ordinances of the City of Iowa City, Iowa. G. Kevin Monson of the Consultant shall attend such meetings of the City relative to the work set forth in this Agreement, at the request of the City. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to the specific Project covered under this Agreement. In such event, Parties agree the Consultant shall not be liable for City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications and drawings with the seal of a professional surveyor, engineer or architect affixed thereto as may be required by law. J. The City agrees to tender to the Consultant all fees in a timely manner excepting, however, where the failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of an amount sufficient to properly complete the project in accordance with this Agreement. td K. Should any section of this Agreement be found invalid, it is agreed that the remaining portions shall continue in full forte and effect as though severable from the invalid portion. L. Original contract drawings sliall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. This does not, however, include any building permit fees required of the Construction Contractor. N. All provisions of this Agreement shall be reconciled in accordance with the highest ideals of the Architectural Profession. 0. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. For the City Q� ayor Attest Approved as to form C ty Attorney's Office For the Con t Attest q pwadmin\pukingAgt RESOLUTION NO. 91-11 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WHEREAS, the Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right-of-way for highway projects funded with Federal Aid Funds to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to•sign a right-of-way assurance statement for Federal Aid Projects. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roil call there were: AYES: NAYS: ABSENT: x AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK Passed and approved this 8th day of January 1991. MAYOR APP OVED jA,S T,O FORM " ATTEST: //%ai,,, i 71 7C�� iAZ+�✓� CITY'CLERK ity Attorney's Office (/ /-3-yr RESOLUTION NO. 91-12 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION.AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK & TRUST COMPANY. WHEREAS, the City of Iowa City is the owner and holder of'a certain depreciating lien, which has a current amount due of $8,000, and this lien was executed by the owners of 631 East Davenport Street/329 North Dodge Street on December 7, 1987, and recorded December 14, 1987, in Book 989, at page 366 in the Johnson County Recorder's Office covering the following -described real estate: The North ninety-six (96) feet of Lot One (1) in Block Twenty-eight (28), in Iowa City, Iowa, according to the recorded plat thereof, excepting the West half of the north sixty-eight and seven -tenths (68.7) feet of said Lot One (1); Subject to an easement for the joint use of the concrete driveway over and across the East half of the North sixty-eight and seven -tenths (68.7) feet of said Lot One (1). WHEREAS, Hills Bank & Trust Company, Johnson County, Iowa, is about to loan the sum of $32,000 on a promissory note to be executed by the owners of 631 East Davenport Street/329 North Dodge Street covering the real estate described above, and WHEREAS, Hills Bank & Trust Company has requested that the City execute the attached subordination agreement, thereby making said rehabilitation lien held by the City subordinate to the lien of said mortgage about to be made by Hills Bank & Trust Company, and WHEREAS, there is sufficient value in the above-described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Hills Bank & Trust Company of Iowa City, Johnson County, Iowa. It was moved by Larson adopted, and upon roll call there were: AYES: and seconded by NAYS: Novick ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Resolution No. 91-12 Page 2 Passed and approved this 8th day of ATTEST:. x��> CITY -CLERK ppdrehab\su bordag. res 1991 Appro e b City Attorney's Office 1;7;, y ) SUBORDINATION AGREEMENT AGREEMENT made this 8th day of January , 19 q I , between the City of Iowa City, Johnson County, Iowa, herein referred to as the Hills City, and Hills Bank & Trust Co. , of igc, Johnson County, Iowa.' IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of ; 8,000.00 executed by Richard A. Kindl and Kathryn A. Kindl . , dated December 7 1987 and recorded December 14 , 1987 , in Book 989 , at page 366 in the Johnson County Recorder's Office covering the following described real estate: The North ninety-six (96) feet of Lot One (1) in Block Twenty -Eight (28), in Iowa City, Iowa, according to the recorded plat thereof, excepting the West half of the. North sixty-eight and seven tenths (68.7) feet of saiat Lot One (1); Subject to an easement for the joint use of the concrete driveway over and across the East half of the North sixty-eight and seven tenths (68.7) feet of said Lot One (1), subject to easements and restrictions of record. WHEREAS, Hills Bank & Trust Company is about to loan the sum of ; 32,000.00 on a promissory note to be executed by and Kathryn A. Kindl estate described, and Richard A. Kindl secured by a mortgage covering the real WHEREAS, to induce Hills sank & Trust Co. to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Hills Bank & Trust company For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: 2 I Subordination. The City hereby covenants and agrees with Hills Bank s Trust ccnpanv that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Hills Bank s Trust campany, 2. Consideration. In consideration of the City ' subordinating the rehabilitation loan held by it to be the mortgage of _ Hills Bank s Trust ccnWny shall make the above-mentioned loan to Richard A. Kindl and Kathryn A. KirAl 3. Mortgagee. The mortgage to Richard A. and Kathryn A. Kindl shall be in the amount of $ 32,000.00 with interest at 10_95 percent due and payable in 5_ monthly installments a'tPhe Cit�'ry�'acknowledges the notice of the mortgage and acknowledges it as a lien superior to the rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. CITY OF IOWA CITY. Mayor ATTEST: it Clerk STATE Of IOWA j ) SS: JOHNSON COUNTY ) On this 8th day of Januar 1991, before me, the undersigned, a No7ary PubTic to and for the State of Iowa, personally appeared John McDonald and Marian K. Karr to me persona y known, w o, etng y me duly sworn, t saythat they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, thatthe seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said John McDonald and Marian K. Ka d5 Such oT tf cern acknowledge a execution of sat tns rumen o be the voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. Notary Public in and for said State ST RESOLUTION NO. 91-13 RESOLUTION ADOPTING SUPPLEMENT NUMBER 46 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the 46th supplement to the Code of Ordinances of the City of Iowa City, Iowa and, WHEREAS, it is deemed appropriate to adopt supplement number 46 by resolution as part of the said Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That supplement number 46 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 22nd da ATTEST76� CI�RK clerk146supp.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Approved by OCiAttorney's Office 1�) RESOLUTION NO. 91-14 RESOLUTION AMENDING THE BY-LAWS OF THE IOWA CITYMOHNSON COUNTY SENIOR CENTER COMMISSION. WHEREAS, Resolution No. 79-2947 adopted By-laws governing the meetings, membership, officers and conduct of the Senior Center Commission; and WHEREAS, this Resolution has been previously amended on May 9, 1984; and WHEREAS, the Senior Center Commission wishes to further amend the By-laws concerning membership qualifications, resignation, election, vacancies, duties of the Chair, Vice -Chair, and Secretary, powers, grant review, organization of Commission business; and WHEREAS, the City Council Rules Committee has supported these changes; and WHEREAS, these minor changes will allow the Commission to operate in a more effective and efficient manner. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the By-laws of the Iowa City/Johnson County Senior Center Commission, as amended and attached hereto, are approved as to form and content, and are hereby adopted. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: Passed and approved this 22nd day of ATTEST: srctrlbylaws.res Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by City Attorney's Office /-//-y/ 14 'ncn. c'� RESOLUTION NO. 91-15 A RESOLUTION ADOPTING A SCHEDULE OF FEES, REGULATIONS, AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES AND FOR THE LICENSING OF ANIMALS, PROVIDING AMONG OTHER THINGS THAT PERSONS AGE 60 OR OLDER MAY ADOPT ANIMALS WITHOUT PAYING THE REQUIRED FEE THEREFORE. WHEREAS, the City of Iowa City Animal Control Division provides certain services to the community regarding animal control and licensing of animals kept by residents of Iowa City; and WHEREAS, pursuant to Section 7-25 of the Code of Ordinances of the City of Iowa City, the City Council may by resolution adopt fees, regulations, and guidelines for the provision of said services and for the licensing of animals; and WHEREAS, the City Council has heretofore adopted such a schedule of fees, including regulations and guidelines, but now desires to amend its animal adoption fees and regulations to permit adoption of animals by persons age 60 or older without payment of the required fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached Schedule of Fees, Regulations, and Guidelines for the Provision of Animal Control Services and for Animal Licensing be and the same is hereby adopted. AND BE IT FURTHER RESOLVED that all prior fee schedules, regulations, and guidelines heretofore adopted by this City Council, including Resolution Nos. 77-95, 85-339 and 87-298, be and the same are hereby rescinded. It was moved by Kubby and seconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 22nd ATTEST: day of January ,1,1991. YOR Approved b 72��o� -yf' CITY'CLERK A orn e A s Office 15 r Resolution No. 91-15 Page 2 Schedule of Fees, Regulations and Guidelines for Provision of Animal Control Services and For Animal Licensing Reclaim fee for impounded dogs, cats, and other animals: a) First reclaim within a given calendar year: dogs and livestock: $10.00 cats and other pet animals: $10.00 b) Second reclaim within a given calendar year: dogs and livestock: $20.00 cats and other pet animals: $20.00 c) Third reclaim within a given calendar year: dogs and livestock: $30.00 cats and other pet animals: $30.00 d) Fourth and each subsequent reclaim within a given calendar year: dogs and livestock: $40.00 cats and other pet animals: $40.00 2. Boarding fees: a) dogs and livestock: $10.00 per day b) Cats and other pet animals: $10.00 per day 3. Animal disposal fee for resident and non-resident owner: a) $10.00 per cat, $15.00 per litter of kittens b) $15.00 per dog, $20.00 per litter of puppies 4. Disposal of county strays (Board of Supervisors): $85.00 per animal. 5. Trap rental: $1.00 per day for a maximum of 15 days, with a minimum $5.00 non- refundable deposit. No charge or deposit will be required for cat traps. 6. The license fee for neutered male and spayed female animals shall be $5.00 per year; the license for unaltered animals of either sex shall be $15.00 per year; senior citizens will receive 50% discount on these fees. Puppy and kitten license shall be $1.00 and expire at seven months of age. New residents and new pet owners have 30 days to acquire a pet license. All adult pet licenses expire at the end of the calendar year and must be renewed by the following April 1. Failure to acquire a license by above deadlines may result in $15.00 delinquent fee. Duplicate tag fee is $1. I°; Resolution No. 91-15 Page 3 Adoption Fees: Adoption Refundable Fees Spay/Neuter Deposits A) Cats/kittens & Rabbits $15.00 $30.00 B) Dogs/puppies $25.00 $40.00 C) Ferrets $20.00 $30.00 D) Upon the submission of written proof from a licensed veterinarian that the unaltered adopted animal has been altered, the animal shelter shall return the money deposited pursuant to B) above, subject to the following conditions: (1) if the animal was six (6) months of age or older at the time of adoption, proof that the animal was altered within thirty (30) days of adoption, (2) if the animal was less than six (6) months of age at the time of adoption, proof that the animal was altered within thirty (30) days of the date on which it became six (6) months of age. The animal shelter shall not be required to pay interest on monies deposited pursuant to this provision. E) Animal shelter personnel shall require any person adopting an animal without a valid rabies certification to take the animal to a licensed veterinarian for a routine health check, worming, routine vaccinations, and determination of age. The veterinarian shall enter the age determination upon a form supplied by the City, and the person adopting the animal shall return the form to the animal shelter. If the age determination form is not returned to the animal shelter within four (4) days after the person adopting the animal took possession of it, the person adopting the animal shall forfeit the alteration deposit. When the age determina- tion form is returned, the animal shelter shall establish the date by which proof that the animal was altered must be submitted. F) Upon presentation of proof of age, no person sixty (60) years of age or older shall, if found to meet the qualifications and criteria of the adoption of a pet animal, be required to pay an animal adoption fee to the City of Iowa City, provided that a pet suitable for adoption is available from the animal shelter. Persons so qualified shall not be required to pay for housing, food or non - veterinarian care accrued prior to such adoption. Any such person adopting an animal shall be responsible for spaying or neutering of the pet, costs of required vaccinations and any veterinary costs, and such persons shall be required to make the deposit set forth in B) above. 7. The animal shelter may waive the time periods established herein for good cause shown. animals/feesched. res RESOLUTION NO. 91-16 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIVA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: R.T.'s, 826 S. Clinton It was moved by Ambrisco and seconded by Horowitz that the Resolution as read be adopte , and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick x Passed and approved this 5th day of February 19 91 yor Attest: ��41. Ci Clerk I(n RESOLUTION NO. 91-17 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK ROAD BRIDGE PIER PROTECTION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on plans, specifications, form of contract, and estimate of cost for the construction of the above- named project is to be held on the 19th day of February, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: and approved this NAYS: ABSENT: AMBRISCO COURTNEY HOROWITZ KUBBY LARSON McDONALD NOVICK 5th day of February , 1991. APPROVED AS TO FORM ATTEST: 49_ . CITY CLERK ity Attorney's Office FI 3'u RESOLUTION NO. 91-18 RESOLUTION SETTING PUBLIC HEARING ON THE OPERATING BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1991, THROUGH JUNE 30,1992, AND THE PROPOSED THREE-YEAR FINANCIAL PLAN WHICH INCLUDES THE CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1992-1994. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public hearing be held in the Civic Center at 7:30 p.m., February 19, 1991, to permit any taxpayer to be heard for or against the proposed FY92 Operating Budget and the Proposed FY92-FY94 Financial Plan which includes the Capital Improvements Program. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 5th day of February . 1991 'AA J1_112-� YOR Approved by 6-92budg.res C C ty Attorney's Office /— 3/ `v kR RESOLUTION NO. 91-1 RESOLUTION IN SUPPORT OF THE COLLEGE GREEN PROJECT AND AUTHORI- ZATION FOR THE MAYOR, MAYOR PRO TEM OR CITY MANAGER TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES. WHEREAS, the City of Iowa City has heretofore acknowledged and endorsed the importance of the College Green Revitalization Project, initiated by Project GREEN; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said Project; and WHEREAS, in order to proceed with the development of the Project, it is necessary and desirable to make application to the Iowa Department of Natural Resources through the Resource Enhancement and Protection (REAP) City Parks and Open Spaces Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The City of Iowa City ("City") is in full support of the Project known as College Green Project. 2. This historic open space is located within the City of Iowa City and is dedicated to the public and available for public use. 3. The maintenance of College Green Park will be the responsibility of the Parks and Recreation Department of the City of Iowa City and will be adequately maintained. 4. The Mayor, Mayor Pro tem, or City Manager is authorized to sign and the City Clerk to attest the application for revitalization funding for a designated part of the College Green Project through the Resource Enhancement and Protection (REAP), City Parks and Open Spaces Account with the Iowa Department of Natural Resources. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this Sth day of February '1991. y�_ 'l ,> Approve by ATTEST: w.,� �f'. �./ CIT LERK City Attorney's Office mgr/colegprkres 1C\ RESOLUTION NO. 91-20 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FISCAL YEAR 1991 SANITARY SEWER IMPROVEMENTS PROJECT WHEREAS, Dave Schmitt Construction Co. of Cedar Rapids, Iowa has submitted the best bid of $187,900.00 for the construction of the above-named project. . NOW, THEREFORE, BE IT RESOLVED B"Y THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Dave Schmitt Construction Co. of Cedar Rapids, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: x:17 �ikihy"W1:WA1116 x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 5th day of February , 1991. ATTEST: APPROVED AS FO ttorney's Office �)n RESOLUTION NO. 91-21 RESOLUTION AUTHORIZING EXECUTION OF SANITARY SEWER EASEMENT AGREEMENTS FOR THE CONSTRUCTION OF THE .FY91 SANITARY SEWER IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City has negotiated sanitary sewer easement agreements with U.S. West Communications Inc. and Business Development Incorporated, copies of which are attached hereto and made a part hereof by reference, and WHEREAS, the City Council deems it in the public interest to enter into said sanitary sewer easement agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the sanitary sewer easement agreements attached hereto are hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to execute the sanitary sewer easement agreements. It was moved by Courtney and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: V1 X X X X X X Passed and approved this 5th day of ATTEST: / *iGsJ 9e 4� CIN CLERK legapswresmts.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Appro d b City Attorney's Office 2/ fj 13� SANITARY SEWER EASEMENT AGREEMENT LOT 11 OF B.D.I. FIFTH ADDITION THIS AGREEMENT, made and entered into by and between Business Development, Incorporated, an Iowa corporation, hereinafter referred to as Subdivider, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the purposes of excavating for and the Installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains and conduit as the City shall from time to time elect for conveying sewage, and all necessary appliances and fittings for use in connection with said pipelines, together with adequate protection thereof and also a right-of-way with right of Ingress and egress thereto, over and across real property, hereafter referred to as "Easement Area,' as shown on the Plat of Lot 11 of B.D.I. Fifth Addition to Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. The Subdivider further grants to the City the following rights in connection with the above: 1. The right of grading the easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of the easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and cut down and clear away all trees and brush on the easement areas which now or hereafter in the opinion of the City may be a hazard to said lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. The Subdivider reserves a right to use the easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any reservoirs or other obstructions; or diminish or substantially add to the ground cover on the easement areas. The Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate above-described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this 5th day of February 1991. BUSINESS DEVELOPMENT, INCORPORATED By: By: Cl OFOWA CITY IOWA By:�2 John McDonald,'lMayo''rr ' Manan K Karr, City Clerk Appr Ire,2 City Attomey's OfrW? 3 l SS: JOHNSON COUNTY) On this 1hday of :Or)LA( r y 1991, before me, the undersigned, a Notary Public in and for said County, in said State, pdrsonally appeared n V) F . ROL,k�fi and 2S' -,)S4 C, CI1a=,1 , to me personal) known, who being by me duly sworn, did say that they are the Pj-r-, jc1 cl IT and respectively, of said corporation executing the within and foregoing Instrument to which this is attached, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said i esc%ear and �cr as such officers, acknowledged the execution of said instrum nt to be the voluntary act and deed of said corporation by it and by them voluntarily executed. Notary Public in and for P e State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 5th day of _ February .1991, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. a m CIV6, � Notary Public in And for the State of Iowa SANI IAHY SEWEH EASEMENT AGREEMENT LOT 12 OF B.D.I. FIFTH ADDITION THIS AGREEMENT, made and entered into by and between U.S. West Communications, Inc., hereinafter referred to as Owner, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains and conduit as the City shall from time to time elect for conveying sewage, and all necessary appliances and fittings for use in connection with said pipelines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across real property, hereafter referred to as "Easement Area," as shown on the Plat of Lot 12 of B.D.I. Fifth Addition to Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. The Owner further grants to the City the following rights in connection with the above: The right of grading the easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of the easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and cut down and clear away all trees and brush on the easement areas which now or hereafter in the opinion of the City may be a hazard to said lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. The Owner reserves a right to use the easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any reservoirs or other obstructions; or diminish or substantially add to the ground cover on the easement areas. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above-described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this t'"zk day of , 1991. U.S. WEST COMMUKUQATIONS INC., By: A signedl J. D. I perspa h VICE PRESIDENT,."D CHIEF EXECUTIVE OFFICEic IOU.: 0 Cl F IOWA CITY,10�By ohn McDonald, �p �M/ayor�/ By: ua"2 Y • 71R.t Marian K. Karr, City Clerk Appro d by: City Attorney's Office �a�9i ai STATE OF IOWA ) ) SS: POLK COUNTY ) On this / YtP— day of 199-1. . before me, the undersigned, a NotaPublic in and for said County, in sO State, personally appeared and to me personally known, o being b e duly sworn, did say that they are the Oib and . respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said S� • JO - P��— and as such officers, cknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. I "�'° I KATHY BRUCHERT 1 MY COMMISSION W RFS •� . I ,0 4 ,Z4 -C3 Notary Public,irAnd for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 21st day of February . 199 1. before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa pweng\12bdi.agt Qt NOR 14 200 DESCRIPTION OF ENTIRE TRACT: Lot 11 of B.D.I. Fifth Addition to Iowa City, Iowa. DESCRIPTION OF SANITARY SEWER EASEMENTS: r r O M LOT 11 - Commencing at the Southeast Corner of said Lot 11, thence Westerly along the South property line of said Lot 11, 20 feet, thence Northerly along a line 20 feet West of and parallel to the East property line of said Lot 11, 145 feet, thence Easterly 20 feet to a point of intersection with the East property line of said Lot 11, said point of intersection lying 145 feet North of the Southeast corner of said Lot 11, thence south along the East property line of said Lot 11 to the point of beginning. 'S,\NIT,�RY SEWER EASEMENTS. Q NORTH 1"= 200 DESCRIPTION OF ENTIRE TRACT: Lot 12 of B.D.I. Fifth Addition to Iowa City, Iowa. DESCRIPTION OF SANITARY SEWER EASEMENTS: LOT 12 - The Easterly 20 feet of said Lot 12. NITARY E NTS ak RESOLUTION NO. 91-22 RESOLUTION APPROVING EXECUTION OF AN OPTION AND CONTRACT TO PURCHASE REAL ESTATE FROM CARROLL W. SASS AND ULAH SASS. WHEREAS, the City Manager has been empowered to negotiate the purchase of approximately 80 acres of real property adjacent to the City; and WHEREAS, the Council finds it is in the public interest to purchase the real property according to the terms of an option and contract to purchase real estate attached hereto and made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the option and contract to purchase real estate attached hereto is hereby approved. 2. That the City Manager is authorized to execute the option on behalf of the City, as well as any additional documents approved by the City Attorney which are required to effect this option. 3. That the City Manager is authorized and directed to take such actions as are necessary to assess and study the property under the terms of the option, and to report the findings of that assessment and study to the Council prior to exercise thereof. it was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: X X X Passed and approved this 5th NAYS: X day of ATTEST: q^ CnYCLERK lega4sass.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Appr ed City Attorney's Office ��s7/9t _Y'N OPTION AND CONTRACT TO PURCHASE REAL ESTATE In consideration of the sum of $3,000, Carroll W. Sass and Ullah Sass, husband and wife, herein called Optionors, grant to the City of Iowa City, Iowa, herein called the Optionee, the option to purchase real property located in Johnson County, Iowa, described on Exhibit A attached hereto; subject to the following terms and conditions. 2. The option period shall extend for 60 days from execution of this Option and Contract. During this option period, Optionee, its agents and employees shall be allowed reasonable rights of access to the property for the purpose of environmental assessment and engineering study of the property, including but not limited to soil boring and other tests necessary to accomplish the assessment and study. 3. Optionee may exercise this option at any time before K Q a % '1991 [60 days fromexecution ate], by written notice to Optiono s mailed to Optionors at _A)A -ND • Aftelf' . ' / , and by paying to the Optionor the balance of the downpayment, as des bed in paragraph 5 below. 4. Exercise of this option shall be at the sole discretion and judgment of the Optionee. Upon exercise of the option, this contract shall be deemed to be in effect as of the date of execution hereof. In the event the option is not exercised and/or the balance of the downpayment is not tendered by Optionee, the option price of $3,000 shall be forfeited by the Optionee, and this contract shall become immediately null and void. 5. In the event this Option is exercised and Optionee tenders downpayment of $60,000, then this Contract to Purchase Real Estate shall be in effect. The total purchase price of the property shall be $360,000 to be paid as follows: $60,000 downpayment (inclusive of the $3,000 option price); the balance of the purchase price, $300,000, shall be paid in annual installments on the anniversary date hereof, the first four such installments shall be in the amount of $25,000 principal, plus accrued interest; on the fifth anniversary hereof, the total unpaid balance shall be paid in full, together with accrued interest. 6. Unpaid principal shall accrue interest at a rate of 2% per annum above the one-year time certificate of deposit rate at the Hills Bank and Trust Company. Interest shall be adjusted at the annual anniversaries of the execution hereof. 7. Optionee may accelerate the above -referenced payments at any time after January 1, 1992. 8. If all said sums of money and interest are paid to Optionors during the fife of this contract, and all other agreements for performance by Optionees have been complied with, Optionors will execute and deliver to Optionee a warranty deed conveying said premises in fee simple to and in conformity with this contract; and Optionors will deliver to Optionees an abstract showing merchantable title, in conformance with this contract. as 9. Optlonee may take possession of the property immediately upon exercise of the option. Optionor reserves the use and ownership of the mobile home now located on the premises until August 1, 1991. The mobile home shall remain the property of the Optionors until such date and may be removed at any time until such date. After August 1, 1991, the mobile home shall become the property of Optionee. Optionor shall pay any and all taxes attributable to the mobile home. 10. Optionor shall pay all current real estate taxes which are a lien against the property; however, there shall be no proration for real estate taxes payable in the next fiscal year. 11. The parties hereto acknowledge that the property is subject to a lease agreement and Ingress/egress easement between Optionor (lessor) and Modern Manor, Inc. (lessee). Rental payments commencing November 1, 1991, shall be made to the Optionee. 12. Optionor agrees to join Optionee in any and all actions required to accomplish the voluntary annexation, rezoning and subdivision of the property. OPTIONORS Carroll W. Sass Arizona STATE OF IQ WA ) �) II ) SS: JGMSGN COUNTY ) Li.l.ah Sass On this 1 �D day of z`o 19 91. , before me, the undersigned, a Notary Public in and for the said County, in said State, personally appeared Carroll W. Sass and Lilah Sass , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in _ibd for the State of tuna Arizona My Commission Expires ner.1 S 1993 as 3 OPTIONEE Marian C. Karr, City Clerk, Attest STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of F,Q&(,Q, 4 , 19V, before me, :5je- S h a nne s a Notary Public in and for the S to of Iowa, personally appeared Stephen J. Atkins and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 9 adopted by the City Council, under Roll Call No. of the City Council on the ,51� day of , 19-D—, and that Stephen J. Atkins and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. �LG��CZ�JUIt.GO Notary Public in nd for the State of Iowa lsass.o&c , iffidolu-- as I, The North the Iowa quarter of Interstate North, Ran EXHIBIT A LEGAL DESCRIPTION half of the Southwest quarter, South of Interstate Railroad, and the Southwest the Northwest quarter, South of the Iowa Railroad, all in Section 19, Township 75 ge 5 West, in Johnson County, Iowa. 2a. hZ' ✓ I lr (i+\jam_ RESOLUTION NO. 91-23 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A RESTROOM FACILITY IN LOWER CITY PARK, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PARKS AND RECREATION TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. WHEREAS, the City is required by law to hold a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the said restroom facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby scheduled to be held on the 5th day of March, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing on the plans, specifications, form of contract, and cost estimate for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) day before said hearing. 3. That the Director of Parks and Recreation is hereby ordered to place the plans, specifications, form of contract, and estimate of cost for the construction of the above- named project on file in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 19th day of ATTEST: // (duoiit%t� C CLERK parksrecXrestroom.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by Y��C_Attorney's Office '0 1<�:. I3wiC RESOLUTION NO. 91-24 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK ROAD BRIDGE PIER PROTECTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH.NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. IOWA: NOW, THEREFORE', BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Ci\,ic center, until 10:30 A.M. on the 12th day of March, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at, 7:30 P.M. on the 19th day of March, 3991 or at such later time and place as may then be fixed. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Novick X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this /MAYOR /J ATTEST: Al a ta7e �w + ) CITY CLERK 19th day of February , 1991. APPROVED AS TO FORM ity Attorney's Office � O RESOLUTION NO. 91-25 RESOLUTION APPROVING THE REVISED CITIZEN PARTICIPATION PLAN, A POLICY GUIDE FOR CITIZEN PARTICIPATION IN THE COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) PROGRAM IN IOWA CITY, TO REFLECT THE CHANGES REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the Committee on Community Needs (CCN) was established by the Iowa City City Council in 1976 to coordinate communications between citizens and policy makers with regard to all matters concerning the Community Development Block Grant (CDBG) program, and WHEREAS, the CCN developed a Citizen Participation Plan, as a formal means of Involving citizens in the City's CDBG program, which plan was adopted by the City Council by Resolution No.•82-263 on May 26, 1982, and again by Resolution No. 88-152 on June 28, 1988, and WHEREAS, in accordance with requirements of the U.S. Department of Housing and Urban Development, the Citizen Participation Plan has been updated: To Identify how the needs of non-English speaking residents will be met for public hearings. 2. To develop and make public the criteria for what constitutes a substantial change in the Program Statement and for any individual project, and WHEREAS, the Citizen Participation Plan is attached to this Resolution and hereby made a part thereof, and WHEREAS, on January 23, 1991, the CCN has recommended approval of such plan, and WHEREAS, the Iowa City City Council and the CCN recognize that such a plan is important in ensuring that citizens are provided adequate information and opportunities to comment on the use of CDBG funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the revised Citizen Participation Plan, attached hereto, is hereby adopted as a policy guide to citizen participation in the CDBG program in Iowa City, Iowa. It was moved by Novick and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick a5 Resolution No. 91-25 Page 2 Passed and approved this 19th day of February fggt, YOR Appro d b XWplan.res h1� aE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN A GUIDE TO CITIZEN PARTICIPATION IN IOWA CITY COMMITTEE ON COMMUNITY NEEDS JANUARY 1991 aE CITIZEN PARTICIPATION PLAN INTRODUCTION Pursuant to the adopted Housing Community Development Act of 1974 as amended through 1987, Section 508 requires that cities develop and implement a formal citizen participation plan. Such a plan is intended to ensure that all citizen participation requirements set by HUD are carried out. The Committee on Community Needs (CCN) was established by the Iowa City City Council in January of 1976 to act as that body of citizens required to review aspects of the Community Development Block Grant (CDBG) Program. The Committee is made up of 11 residents who represent a cross section of the community and who serve three-year terms. As required by Resolution No. 76-136, CCN will meet regularly to discuss, to monitor and to make recommenda- tions on all aspects of the CDBG program and other concerns and problems suggested by its members or other citizens. All meetings are accessible to handicapped persons. Non-English speaking persons or persons with hearing Impairments can be provided an Interpreter at these public meetings, if a request Is made at least seven days prior to the scheduled meeting date. CITIZEN PARTICIPATION ACTIVITIES - CDBG PROGRAM STATEMENT Information will be provided through the media, general public meetings, and neighborhood meetings on the amount of CDBG funds available annually, and eligible activities for the use of these funds. Notice of public hearings and meetings related to the CDBG Program Statement will be published with dates, times, places, topics, time tables and procedures in the Iowa City Press - Citizen. or other appropriate newspapers at least 4-10 days prior to the public hearing/meeting. In addition, press releases will be sent out, public service notices placed on the radio and cablevision, and notices sent out to neighborhood residents as appropriate. In circumstances where CDBG funding is appropriate for specific neighborhoods, neighborhood meetings will be held to provide specific information about the program, as appropriate. These meetings will be held at convenient locations and times to allow broad participation of all residents who might be affected. The meetings will be designed to allow citizens to give input in the planning, implementation and assessment of the Community Development Program and performance. Particular efforts will be made to involve low- and moderate -income persons and members of minority groups in the CDBG program. Technical assistance will be provided by the CDBG Division Staff to CCN, neighborhood groups, and other groups representative of lower income persons who are receiving funding through the CDBG program. CCN will hold a public meeting to provide information regarding the CDBG program to citizens, and to permit citizen input regarding the City's community development and housing needs. IQ CT • Following citizen input, a draft statement of the City's community development objectives and a list of proposed activities for the program year will be published prior to the City Council public hearing. • A City Council public hearing will be held to obtain citizen comments on the Program Statement detailing the proposed use of CDBG funds. • After consideration of citizen comments on the proposed Program Statement, the final Program Statement of community development objectives and planned activities will be approved by the City Council, and will be published and made available for public review. • Citizens shall be provided reasonable notice and opportunity to comment (as described In the above Citizen Participation Plan) on any proposed "substantial change" In the use of CDBG funds. A "substantial change" includes: Change In Purpose - if the activity changes with respect to the National Objectives as originally described in the program statement; Change in Scope - if the scale and nature of the activity changes to the extent that there Is a 25% Increase or decrease in CDBG funds expended, or if changes/revisions within the original budget allocation exceed 25% of the original budget; Changes in Location - if the originally'approved location Is changed to an area outside of its census tract; and Change in Beneficiaries - if the percentage of Low Moderate Income persons receiving services/assistance decreases 25% or more. GENERAL CITIZEN PARTICIPATION PRACTICES • Complaints or questions about the CDBG program received by the CCN at their public meetings or by telephone or mail will be answered, in a timely and responsive manner (by written response) within a 15 -day period after they are received. (Details of formal "Complaint Procedures for Citizens" are attached) • Information concerning the CDBG program will be available to the public in the offices of the Department of Planning and Program Development during regular office.hours (8:00 a.m. to 5:00 p.m., Monday -Friday). All published documents may be reviewed at the Iowa City Public Library or the City Clerk's Office at the Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. • CDBG projects will be monitored for timely and efficient completion and Grantee Performance Reports will be reviewed by the CCN. • Public hearings will be held on any amendments, budget revisions, performance reports, or substantial changes in the CDBG program or the Housing Assistance Plan or Comprehensive Housing Affordability Strategy. • CCN will assist citizens to develop programs, where possible, to meet community needs by: A. Acting as advocates for such programs, where these are eligible for CDBG funding. B. Referring concerns and problems raised by citizens to the City Council or the City Manager, as appropriate. C. Suggesting other funding sources or self-help activities. • CCN will try to increase citizens' awareness of the opportunities to bring their concerns to the CCN or directly to the City Council at Council meetings. \c4parti.pin CDBG PROGRAM COMPLAINT PROCEDURE FOR CITIZENS 1. Review Committee Purpose: A Review Committee is hereby established to review the complaint of any person aggrieved by the handling and implementation of the Community Development Block Grant Program. The Committee shall function in an advisory role and shall make recommendations to the City Manager. The City Manager shall receive and review the recommendation of said Committee and respond within ten days of receipt. b. Designation of Committee: The Committee on Community Needs (CCN) shall act as the Review Committee. The Chair of CCN shall preside at all meetings conducted by CCN while convened as the Review Committee. All meetings shall be open to the public. A quorum of the CCN must be present in order to hear a complaint. All persons wishing to appear before the Review Committee shall have an opportunity to be heard. C. Powers and Duties: The Committee shall have the power and duty to review the complaints of any persons aggrieved during the process of preparing, implementing or monitoring the Iowa City Community Development Block Grant Program. d. Standards: In exercising its powers and duties the Committee shall be guided by the standards set by the Department of Housing and Urban Development under Title I of the Housing and Community Development Act,1974, as amended, and by the Code of Ordinances of the City of Iowa City. 2. Procedure a. Filing: Any aggrieved person shall file a grievance with the City Manager, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. Grievances shall be filed in a timely manner, and must be received by the City Manager within one year of the alleged occurrence_ Any grievance shall be filed in writing and shall contain a concise statement of the grievance and an explanation of the action desired. Timely Review: The City Manager shall forward the grievance to the Review Committee within seven days of receipt. The Review Committee shall set a reasonable time for a hearing within 15 calendar days following the receipt of the grievance from the City Manager. The Committee shall notify the complainant in writing of the time and place of the hearing. At the hearing, the complainant may appear in person, by agent, or by attorney. The Committee shall forward its recommendation in writing to the City Manager within ten calendar days following the general hearing. (If a grievance is resolved prior to the date of the hearing, the aggrieved party shall request in writing that the grievance be withdraw.) Appeal : If the complainant is unsatisfied with the recommenda- tions made by the Review Committee to the City Manager, appeal may be made to the City Council. If the outcome of such an appeal is still unsatisfactory, complainant may appeal to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 91-26 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC -9033E. WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called -the -"Annual Contributions Contract") with the United States -of ---- America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form hereto attached and marked "Exhibit A" is' hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official sea[ of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms -used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Kubby and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: K4 NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick W Resolution No. 91-26 Page 2 Passed and approved this 19th day of February , 1991. ATTEST: o ,J 4-). 4�t CITY CLERK hisasstcontribs.res "MAYOR Approve by CityAttorney' s ffice a - /3 -ql s • i«t;' Da_)r_ RESOLUTION NO. 91-27 RESOLUTION ACCEPTING DEDICATION OFA PORTION OF LAKESIDE DRIVE AS PUBLIC RIGHT-OF-WAY. WHEREAS, the original subdivision of Lakeside Addition to Iowa City included a dedication of Lakeside Drive; and WHEREAS, the fee title holder to a portion of the right-of-way was not a party to the dedication instrument; and WHEREAS, the above -noted discrepancy represents a cloud on the title of lots within the subdivision; and WHEREAS, the construction of Lakeside Drive has taken place upon the above -noted portion, and has been accepted by the Public Works Department; and WHEREAS, the City Attorney's office has reviewed the necessity for this action and recommends that the City Council accept the dedication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA; AS FOLLOWS: 1. The deed of dedication, attached hereto as Exhibit A and made a part hereof by reference, filed at Book 1190, page 182 of the Johnson County Recorder, is hereby accepted as public right-of-way. 2. The City Clerk is directed to cause the filing of a certified copy hereof in the records of the Johnson County Recorder. it was moved by Larson and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 19th day of ATTEST: _ 1\N_ 'C klakeside.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Appro d b City Attorney's Office VI/ C41 0 5'0 Vn. 0081915 SO DSC I I F'3i5� DEED OF DEDICATION For good and valuable consideration, the reg6lpti''O.f which is hereby acknowledged, Terry R. Bjornsen does hereby convey and dedicate to the City of Iowa City, Iowa, all of his right, title, interest, estate, claim and demand in and to Lakeside Drive as that street is platted and described in the final plat of Lakeside Addition.to Iowa City, Iowa. Marjorie A. Bjornsen joins in this Deed of Dedication for the sole purpose of relinquishing all rights of dower, homestead and distribute share she • may have in and to the real estate. Dated: Drcer Lee TerZXX -(i Bjornse fi Mar ori A. Bjornsen STATE OF IOWA ) ) ss: COUNTY OF LINK ) On this ') I A day of Url, e m i,-, , 1990, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terry R. Bjornsen and Marjorie A. Bjornsen, husband and wife, to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. �.-.. Notary Public in and for the State of Iowa v�. .. c: F.t •:. 4F:A` 'I NOTARIAL SEAL C x4411 N I<c ;, 1,45,)L RESOLUTION NO. 91-28 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN BY THE DELETION OF A WATER METER READER AND THE ADDITION OF A WATER SERVICES CLERIC WHEREAS, Resolution No. 90-33 adopted by the City Council on March 9, 1990, authorized all permanent positions in the Water Division of the Public Works Department fot FY91; and WHEREAS, Resolution No. 89-156 adopted by the City Council on June 13, 1989, established a classification/compensation plan for AFSCME employees. NOW, THEREFORE, BE IT RESOLVED BY THE CIN COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the permanent positions in the Water Division be amended by: The deletion of one full-time Water Meter Reader position, grade 02. 2. The addition of one full-time Water Services Clerk position, grade 03. BE IT FURTHER RESOLVED that the AFSCME Pay Plan be amended by the addition of the classification of Water Services Clerk, Grade 03. it was moved by Kubbv and seconded by Horowitz- the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 19th day of February , 1991. YOR Alp roved by ATTEST: � ��� C CLERK \wa[erdimes Pty Attorney's Office 02 -i (/- 9/ RESOLUTION NO. 91-29 RESOLUTION TO REFUND CIGARETTE PERMIT. WHEREAS, Hawkeye Amusement at 1214 S. Gilbert Street in Iowa City, Iowa, has surrendered cigarette permit No. 87-1, expiring June 30 ,1991, and requests a refund on the unused portion thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 87-1, issued to Brown Bottle be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $25.00, payable to Hawkeye Amusement as a refund on cigarette permit No. 87-1. It was moved by AMMRISCO and seconded by be adopted, and upon roll call there were: AYES: X NAYS: Passed and approved this 5th da, NOVICK ABSENT: that the Resolution Ambrisco Courtney Horowitz Kubby Larson McDonald Novick ATTEST:2k.,,.2 4--' 7 CITY -CLERK legakigprmt.res ity Attorney's Office 3- -/- %/ RESOLUTION NO. 91-30 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY91 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the above-mentioned project is to be held on the 2nd day of April, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plan of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by AMsazSCo and seconded by NOVICK the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 5th day of wAuru '1991. ATTEST: / � J -e' CITY -CLERK pweng\asphalt.res I�OAYOR Approved by ity Attorney's Office RPS 5 k FT\ Pies 6/�L RESOLUTION NO. 91-31 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-mentioned project is to be held on the 2nd day of April, 1991, at 7:30 p.m. in the Council Chambers, Civic Center; Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plan of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by AMBRISCo and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x --I— x x Passed and approved this 5th NOVICK the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of MARCH . 1991. ATTEST:Qwlil�.% CITY'CLERK pweng\nwsewer.res City Attorney's Office o? oz l— 9/ 31 RESOLUTION NO. 91-32 RESOLUTION OF INTENT TO CONVEY TO THE IOWA CITY COMMUNITY SCHOOL DISTRICT OF THE COUNTY OF JOHNSON, STATE OF IOWA, AN EASEMENT FOR A PRIVATE SANITARY SEWER WHICH IS LOCATED ON LOT 7 OF THE SYCAMORE VIEW SUBDIVISION WHEREAS, the City of Iowa City is owner of property known as the Sycamore View Subdivision, and WHEREAS, a private sanitary sewer which serves South East Junior High School is located on a portion of Lot 7, Sycamore View Subdivision, and WHEREAS, the City of Iowa City wishes to convey to the Iowa City Community School District and exclusive permanent easement for the purposes of operating, maintaining, repairing, using, and reconstructing said sanitary sewer. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, does hereby declare its intent to convey the utility easement to the Iowa City Community School District for the private sanitary sewer located on a portion of Lot 7 of Sycamore View Subdivision. AND BE IT FURTHER RESOLVED that a public hearing on said proposal will be set for April 2, 1991, and the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. It was moved by AMBRISCO and seconded by adopted, and upon roll call there were: AYES: X X X X X X NAYS: Passed and approved this 5th day of ATTEST: OU Le eJ /CJ 9P �/ CITY CLERK ppdcdbg%swresmt.res NOVICK ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approv by City Attorney's Office 2 2S/9� P"5 � ll, RESOLUTION NO. 91-33 RESOLUTION OF INTENT TO CONVEY SINGLE-FAMILY HOMES IN THE SYCAMORE VIEW SUBDIVISION. WHEREAS, the City of Iowa City has undertaken a project to secure the development of new single- family residential dwellings for moderate -income first-time homebuyers utilizing City -owned property known as the Sycamore View Subdivision; and WHEREAS, in conjunction with the intention to sell said properties, the City advertised for income - eligible first-time homebuyers; and WHEREAS, upon review of applications submitted to the City, income -eligible first-time homebuyers have been selected to purchase the six properties at the Sycamore View Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the following properties: Lots 2, 3, 4, 5 and 6, Sycamore View Subdivision, purchase price: $67,000 Lot 7, Sycamore View Subdivision, purchase price: $65,000 BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for April 2, 1991, and the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. It was moved by AMBRISCo and seconded by adopted, and upon roll call there were: AYES: X y x X —X X X Passed and approved this 5th ATTEST NAYS: day of MARCH NOVICK ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. the Resolution be ppdcdbglsycvwsub.res all (les 161L RESOLUTION NO. 91-34 RESOLUTION RELEASING CERTAIN SANITARY SEWER EASEMENTS LOCATED IN OHL'S SUBDIVISION, IOWA CITY, IOWA WHEREAS, the City was granted ten foot sanitary sewer easements from Richardson Plat January 20, 1966, and Alberhasky Plat March 23, 1966, as described in Exhibit 1; and WHEREAS, the City approved Ordinance No. 74-273 vacating a portion of First Avenue September 17, 1974 and retaining an easement twenty feet in width for a sanitary sewer across vacated First Avenue as described in Exhibit 2; and WHEREAS, an eighteen -inch sanitary sewer pipe was constructed within said easements; and WHEREAS, the City passed and approved Ordinance No. 89-29 February 14, 1989, approving construction of the Southeast Interceptor Sewer Project and the City constructed a sanitary sewer within different easements as part of the Southeast Interceptor Sewer Project eliminating the need for the eighteen -inch sanitary sewer pipe; and WHEREAS, the easements described in Exhibits 1 and 2 and as plotted in Exhibit 3 are redundant, obsolete and unnecessary to the maintenance and operation of the sanitary sewer system; and WHEREAS, the Director of Public Works recommends the release and abandonment of above described obsolete easements: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby abandon, release and relinquish all right, title and interest in the easements described in Exhibits 1 and 2 and in the sanitary sewer pipes located therein; and AND BE IT FURTHER RESOLVED THAT: The City Clerk is authorized and directed to cause a certified copy hereof to be filed in the Office of the Johnson City Recorder. 34 RESOLUTION NO. 91-3-t Page 2 It was moved by AMBRISCO and seconded by NOVICK the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 5th day of MARCH 1991. ATTEST: 7u� CITY CLERK APPR D T ORM City Attorney's Office 227/4/ 34 EXHIBIT 1 A City owned portion of a sewer easement legally described below: That portion including all the area located within five (5) feet to either side of the line described as the common lot line between lots 6 and 7 of a resubdivision of Part of Lot 4, Ohl's subdivision, Iowa City, Iowa; and That portion commencing as a point of reference at the northeast corner of Lot 3, Ohls subdivision in Section 14, Township 79 north, Range 6 west of the Fifth Prime Meridian, Iowa City, Johnson County, Iowa (as recorded in Plat Book 1, Page 121 in the Recorder's office in Johnson County, Iowa; and Thence south 68` 53' 20" west 209 feet along the northerly line of said Lot 3 to point of beginning of line herein described (for purposes of this description the ease line of the southeast quarter of said Section 14 is assumed to bear true north and south); and Thence south 36° 44' 40" east 318.7 feet more or less to a point of intersection with the southerly line of said Lot 3, said point being 5.4 feet southwesterly from the southeast corner of said Lot 3 and also being end of line herein described. 3+� EXHIBIT 2 An easement twenty feet in width for sanitary sewer across vacated First Avenue which is ten feet either side of the following described centerline: beginning at a point on the southerly line of vacated First Avenue, which point is S 68° 39" W, 149.50 feet from the northerly corner of Lot 7 in a Resubdivision of Part of Lot 4, Ohl's Subdivision, Iowa City; thence N 21° 21" W, 8l feet more or less to the northerly line of vacated First Avenue. 344 10' SIN. SEWER EASEMENT FROM OWENS BRUSH PLAT 60' SAN. SEWER EASEMENT FOR SE INTERCEPTOR FROM ORAL 6 SE INTERCEPTOR FROM ALBERHASO r LOT 5 /5a"" vv\,I�ONE LOT 7 ORD. LOT 6 10, sro LOT LOT 8 VACATED FIRST AVE. R.O.W. APRIL 6, 1982 SONE: 1' - 100' EXHIBIT 3 LOT \ 7 I �Z 'a o SOUTHEAST CORNER SECTION 14-T79N-R6W 10' SAN SEWER EASEMENT FROM RICHARDSON PLAT JAN. 20, 1966 (EXHIBIT 1) 344 RESOLUTION NO. 91-35 RESOLUTION RESCINDING APPROVAL OF THE FINAL PLAT OF RUPPERT SUBDIVISION, PART TWO. WHEREAS, the City Council approved on August 7, 1990, a resolution approving the final plat of Ruppert Subdivision, Part Two, a subdivision of certain property within the corporate limits of Iowa City; and WHEREAS, the plat and legal documents for this subdivision were never recorded in the Office of the Johnson County Recorder; and WHEREAS, the developers of the subdivision have disbanded and have abandoned the subdivision; and WHEREAS, the current owners of the property which was the subject of the subdivision have obtained approval of a final Large Scale Non -Residential Development plan covering the entire tract, making the subdivision of the land moot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 90-150 approved by the City Council on August 7, 1990, is hereby rescinded. It was moved by AMBRISCo and seconded by adopted, and upon roll call there were: NOVICK the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney X Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 5th day of _ MARCH -1991. �o YO R Approved by ATTEST: 2kq�O CITY -CLERK City Attorney's Office ppdadminVuprtsubses 3S LA o- r , - r,. ,;, 0.5 V> 1L RESOLUTION NO. 91-36 RESOLUTION APPROVING FINAL PLAT OF WALNUT RIDGE SUBDIVISION, PART 1. WHEREAS, the owners and subdividers, John W. Kennedy and Barbara F. Kennedy, husband and wife, Dorothy K. Kisner, single, and Southgate Development Company, Inc., have filed with the City Clerk the final plat of Walnut Ridge Subdivision, Iowa City, Johnson County, Iowa, and WHEREAS, said subdivision is located on the following -described real estate located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the southeast comer of the fractional southwest quarter of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian, thence S 89°07'30" W, a recorded bearing, along the south line of said southwest quarter, 332.62 feet; thence N 04°28'07" E, 413.56 feet; thence N 25°31'41" W, 723.64 feet; thence N 57016'06" E, 739.34 feet to a point on the east line of the fractional southwest quarter of said Section 7; thence S 00022'54" W, along said east line, 1460.02 feet to the Point of Beginning. Said tract of land contains 12.74 acres, more or less, and is subject to easements and restrictions of record. and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision and found the same to be in substantial conformance with the approved preliminary plat, the approved preliminary Planned Development Housing (P.D.H.) plan and all applicable provisions of the City Ordinances of the City of Iowa City, and WHEREAS, City staff recommends that the differences between the preliminary PDH plan and the proposed final plat with regard to street construction specifications and street and storm sewer ownership should be deemed insubstantial and not prejudicial to the City's interests, and that objection thereto be waived, and that the final plat be approved, subject to approval of the legal documents and construction drawings by City staff, and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of Iowa and all other statutory requirements, and WHEREAS, it is the intent of the City Council to extend the sanitary trunk sewer to the said subdivision, to be financed through the adoption of a project -specific Tap -On Fee Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate are hereby approved, subject to the approval of the legal documents by the City Attorney and the construction documents by the Director of the Department of Public Works, and the dedication of streets and easements thereon is hereby accepted as provided by law. BE IT FURTHER RESOLVED that the differences between the preliminary PDH plan and the proposed final plat with regard to street construction specifications and street and storm sewer ownership are 36 Resolution No. 91-36 Page 2 hereby deemed insubstantial and not prejudicial to the City's interests and that objection thereto is hereby waived. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision which are approved by the City Attorney, and the City Clerk is directed to certify a copy of this Resolution to the Office of the Johnson County Recorder. It was moved by AMBRIsco and seconded by untmw= the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this ATTEST: \walnutrd.res 5th day of 1991. RESOLUTION NO. 91-37 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A RESTROOM FACILITY IN LOWER CITY PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general'circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for.the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 PM on the 27th day of March, 1991. Thereafter the bids will be opened by the City Clerk or her designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 PM, on the 2nd day of April, 1991,. or at such later time and.place as may then be fixed. It was moved by AMBRISCO and seconded by T.ARSoA the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 5th day of ATTEST: /rpm -e -7a J CI LERK parksrec\rroombld.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved b`��u' City Attorney's Office oP-a -7-1'/ 3#? RESOLUTION NO. 91-38 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY STREETS AS DETOUR WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa Department of Transportation, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for use of City streets as detours with the Iowa Department of Transportation, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1.That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by AMBRISCO and seconded by HOROWITZ that the resolution as read be adopted, and upon : oll -ali there were AYES: NAYS: ABSENT: X Ambrisco Courtney Horowitz _ Kubby X Larson X McDonald X— Novick Passed and approved this 5th day of MARCH 1991. APPROVED AS TO FORM CitAttorney's Office ,-;? -a 7-9j 3e� rm„umlzi ® CITY STREETS m iC�i AGREEMENT FOR USE OF ❑ COUNTY ROADS AS DETOURS This agreement entered Into this day of 19byandbetween thelowa Department of rranspartationconslsting of the following members: Austin B. Turner, C. Roger Fair, Shelda Hertzke Beener, David Clemens, Robert H. Meier, Douglas Shull, and Suzan M. Stewart. City Council hereinafter known oaths Party of the First Pert; and too IOWA City O County Board of Supervisors, consisting of the following members: John McDonald, Mayor, Bill Ambrisco, Darrel Courtney, Suzan Horowitz, Karen Kubby, Randy Larson, Naomi Novick. hereinafter known as Party of the Second Part. WHEREAS, The Party al the First Part has determined the necessity to reconstruct Interstate 80 in Cedar County, from the Cedar River to the Scott County Line and an emergency WHEREAS, It Is necessary to provide [detour for the construction site during the construction period, and Li City streets WHEREAS, The Party of the Second Part agrees to permit the maof Iowa City Rochester Rd. & Scott Blvd. an emergency Beginning a as ti detour, moreparticularly described as fellows: 9 9 t the U.S. 6 and Scott Boulevard, then north on Scott Boulevard 2.8 miles to Rochester Road, then northeast on Rochester Road 0.1 miles to the E.C.L. of Iowa City and WHEREAS, Authorized engineers representing loth the Party of the First Pan and the Party of the Second Part shall jointly execute and sign a written report concerning the condition of the proposed detour, after jointly Inspecting sold road, the subject of the proposed detour; said report to be In sufficient detail as to reasonably reflect the condition of the roadway base, surface, shoulders and bridges, and WHEREAS,Partyofthe First Part agrees(( pmedetourmaintenance) To upgrade highway signs to D.O.T. standards and maintain pavement markings (refer to attached addendum for additional and emergency detour, when in use, WHEREAS, Party of the First Part agrees to maintain the *MU and provide all traffic control devices required by the Iowa MUTCD In eluding the marking of no passing zones as specified In Saction 313.5 of the Iowa MUTCD during the period the M city street 0 county road and structures are being utilized as a primary road detour, and d§ city street WHEREAS, Prior to revocation of the detour, the Party of the First Part shell restore the 0 secondary road to as good condition as It was ® City (A city street prior to its designation as a temporary primary road, or compensate the 0 County for excessive traffic uponthe 0 secondary road during W Section 313.29 of the Iowa Code (Cltlas) the period It was used as a temporary primary road, In accordance with 0 Section 313.29 of the Iowa Code (Counties) WHEREAS, The detourperlod is estimated to begin June 3, 1991 and and August 1, 1992 M city street an emergency detour, if necessary, NOW, THEREFORE, BE IT AGREED that the described 0 secondary road be used as KAMMKunder stipulations outlined above. IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed by proper officers thereunto duly authorized as of the dates below Indicated. Date: - ze HlgK4S�ay Division Dlrector h5 Iowa Department of Transportation Date: Mayor City Coal`` an County Boa q of Supervisors Attest To: Date: City Clerk City Auditor County � 3� ADDENDUM TO AGREEMENT TO USE IOWA CITY STREETS AS DETOURS The intent of the emergency detour is to provide an alternate route for Interstate 80 in the event an incident occurs which would render I-80 impassable. ,The detour would be used for only the time which would be necessary to clear the Interstate 80 and assure the safety of the travelling public. All maintenance activities (pre -detour, etc.) performed by the Iowa D.O.T. will be at no cost to the City of Iowa City. If Interstate 80 traffic is directed to use the emergency detour route, compensation to the City of Iowa City will be determined as per Article 313.29 of the Iowa Code. If it is not necessary to use the emergency detour, no compensation will be considered. 0 Res _�C>> K RESOLUTION NO. 91-39 A RESOLUTION REDEDICATING A PORTION OF CAPITOL STREET AS A PUBLIC RIGHT-OF-WAY WHEREAS, the original Urban Renewal Plan, City -University Project, R-14, April 1972, provided for the restricting of Capitol Street from Washington Street to Burlington in order to facilitate pedestrian circulation and to provide access to contiguous development; and WHEREAS, in July of 1975, the City Council of Iowa City, Iowa adopted Ordinance No. 75-2776 vacating streets relative to R-14 Urban Renewal Project; and WHEREAS, Capitol Street from the northerly right-of-way line of Burlington Street to the southerly right-of-way of College Street was vacated effective January 31, 1979; and, WHEREAS, Capitol Street from the southerly right-of-way line of College Street to the southerly right-of-way line of Washington Street was vacated effective March 1, 1980; and, WHEREAS, twenty feet of Capitol Street right-of-way was included in the large scale non-residential development known as Old Capitol Mall as described in Exhibit 1 and sold to Old Capitol Center Partners: WHEREAS, the revised Urban Renewal Plan, dated June 1987, eliminated mention of the restricting of Capitol Street as described in Ordinance No. 75-2776; and WHEREAS, Capitol Street from northerly right-of-way line of Burlington Street to the southerly right-of-way line of Washington Street, excepting the area described in Exhibit 2 sold to the Old Capital Center Partners, has continued to function as a public right -of -may; and WHEREAS, it is the desire and intent of the City Council to maintain Capital Street as a functioning public right-of-way; and WHEREAS, in view of this intention, it is appropriated to rededicate the portion of the vacated, un -sold Capital Street, between Burlington and Washington Street, as public right-of-way; and NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the following real property is hereby rededicated as a public right-of-way: Capitol Street from the northerly right-of-way line of Burlington Street to the southerly right-of-way line of Washington Street excepting the area described in Exhibit 2; and AND BE IT FURTHER RESOLVED THAT: The City Clerk is authorized and directed to cause a certified copy hereof to be filed in the Office of the Johnson City Recorder. 39 RESOLUTION NO. 91-39 Page 2 It was moved by AMBRISCO and seconded by NOVICK the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Ambrisco X 'Courtney _jl_ Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 5th day of MARCH 1991. ATTEST: a 41 .. CtTY CLERK APPROV D A M City Attorney's0 Tice /z7/g/ 31 EXHIBIT 1 Beginning at the Northeast corner of Block 84, Original Town. Iowa City,, Johnson County, Iowa, as shown on plat recorded in Johnson County Recorder's Office, Book 1, Page 116, said point being the intersection of the existing westerly right-of-way line of Clinton Street with the existing southerly right-of- way line of Washington Street; thence south 527.60 feet along said existing westerly right-of-way line of Clinton Street to a point (this is an assumed bearing for purposes of this description only); thence west 341.89 feet to a point of intersection with a line parallel with and measured in a westerly direction 20 feet perpendicularly from the existing easterly right-of-way •line of Capital Street; thence north 548.16 feet along said line parallel with and measured in a westerly direction 20.00 feet perpendicularly from the existing easterly right-of-way line of Capitol Street to a point of intersection with a line parallel with and measured in a northerly direction 20.00 feet perpendicularly from the existing southerly right-of-way line of Washington Street; thence south 89* 54' 20" east 210.00 feet along said line parallel with and measured in a northerly direction 20.00 feet perpendicularly from the existing southerly right-of-way line of Washington Street to a point; thence south O° 05' 20" east 131.93 feet along said existing southerly right-of-way line Washington Street to the point of beginning. 39 EXHIBIT 2 Beginning at the Northwest corner of Block 84, Original Town, Iowa City, Johnson County, Iowa, as shown on plat recorded in Johnson County Recorder's Office, Book 1, Page 116, said point being the intersection of the existing easterly right-of-way line of Capital Street with the.existing southerly right-of- way line of Washington Street; thence southerly 548.16 feet along the westside of Block 84, Original Town; thence to a Point of intersection with a line parallel with and measured in a westerly direction 20 feet perpendicularly from the existing easterly right-of-way line of Capital Street; thence north 548.16 feet along said line parallel with and measured in a westerly direction 20.00 feet perpendicularly from the existing easterly right-of-way line of Capitol Street to a point of intersection with a line parallel with and measured in a northerly direction 20.00 feet perpendicularly from the existing southerly right-of-way line of Washington Street. 31 Res 3(.L- RESOLUTION NO. 91-40 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS,'the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended, and Title IX of the Affordable Housing Act of 1990; and WHEREAS, on November 13,1990, the City of Iowa City adopted Resolution No. 90-214, authorizing filing of the 1991 CDBG Program Statement; and WHEREAS, the addition of a new project requires an amendment to said 1991 CDBG Program Statement and Budget; and WHEREAS, it is an objective of the CDBG Program to make affordable housing available to all residents of Iowa City, and WHEREAS, Robert P. Bums of the Iowa City Housing Associates Limited Partnership has requested that $30,000 of 1991 CDBG funds be utilized to acquire land for an affordable rental housing development to be constructed by the Iowa City Housing Associates Limited Partnership; and WHEREAS, on February 27, 1991, the Committee on Community Needs recommended approval of said allocation of funds contingent upon the approval of additional financing by the Iowa Finance Authority and the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the 1991 Community Development Block Grant Program Budget as amended, attached hereto as Exhibit A is hereby approved. It was moved by KURRY and seconded by AMBRISCO the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this stn day ATTEST: 22UI;� - . 7L -J , CITY -CLERK ppdcdb&dbgpgm.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 4/0 Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY - 1991 PROGRAM YEAR REVISED 3/5/91 PROJECT COST ACQUISITION Villa Garden Apartments $30,000 PUBLIC FACILITIES AND IMPROVEMENTS Roosevelt Neighborhood Open Space Development (MYEP) $23,000 Broadway Street Neighborhood Center $28,000 III. HOUSING ACQUISITION AND REHABILITATION Housing Rehabilitation (includes Rental Rehab and Section 312 Admin) $280,000 Greater Iowa City Housing Fellowship - Transitional Housing $13,500 Youth Homes Structured Community Independent Living Services - Transitional Housing $21,500 ESA Small Repair Program $17,500 Housing Downpayment Assistance $11,000 IV. ECONOMIC DEVELOPMENT SBDC Small Business Assistance $6,000 V. ARCHITECTURAL BARRIER REMOVAL Hoover School Accessible Playground - Phase 3 $9,000 Goodwill Renovation - Accessibility and Expansion $27,000 VI. PUBLIC SERVICES Aid to Agencies $81,000 VII. ADMINISTRATION General Program Administration $95,000 Planning and Program Development $9,200 CDBG Small Business Assistance $2,000 VIII. CONTINGENCY 34,300 TOTAL $688,000 SOURCES OF FUNDS 1991 CDBG Entitlement to Date $578,000 1990 Carryover and Program Income (Estimated) $110,000 TOTAL $688,000 budget.sum W R -e5 &L RESOLUTION NO. 91-41 RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE STATE UNIVERSITY OF IOWA FOR THE USE OF CITY BUSES IN CONNECTION WITH THE NCAA WRESTLING TOURNAMENT. WHEREAS, the State University of Iowa has proposed to use City buses during the NCAA Wrestling Tournament to be held in Iowa City from March 13 to March 16, 1991, for purposes of transporting faculty/staff members who have been displaced from their usual parking location; and WHEREAS, an Agreement incorporating the University's proposal has been prepared and is attached hereto and made a part hereof; and WHEREAS, pursuant to said Agreement, the University proposes to reimburse the City the sum of $17.25 per hour per bus for all hours of usage of said City buses, and 16¢ per mile; and WHEREAS, the City Council has been advised and does believe that it would be in the best interests of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that an AGREEMENT FOR UNIVERSITY USE OF CITY BUSES, attached hereto and made a part hereof, is hereby approved as to form and content. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest to said Agreement for and on behalf of the City of Iowa City, Iowa. It was moved by nmvTru and seconded by AMRRTsro the Resolution be adopted, and upon roll call there were: AYES: X NAYS: Passed and approved this 5th day of ATTEST: 4a1 _.J ,P yc2id2 CITY CLERK transigbususeui.res ABSENT: Ambribco Courtney Horowitz Kubby Larson McDonald Novick 1991. App ovedd b ity Attorney's Office o.?- o2 7— 9/ q1 AGREEMENT FOR UNIVERSITY USE OF CITY BUSES This Agreement made on this 5th day of MARCH , 1991, by and between the City of Iowa City, Iowa, and The State University of Iowa, Lessee, for the lease of City buses for use by the University during the NCAA wrestling tournament, March 13 through 16, 1991. It is hereby agreed by and between the City of Iowa City, Iowa, and the University of Iowa, hereinafter referred to as the Lessee, as follows: The City of Iowa City does hereby lease to the Lessee up to six City buses for use by the University in transporting University faculty/staff who have been displaced from their usual parking locations due to the NCAA wrestling tournament. The City shall provide buses only, without drivers. The University shall be responsible for picking up and returning leased buses to the City Transit Maintenance Facility, 1200 South Riverside Drive, each day. 2. The Lessee, in consideration of the leasing of the said City, agrees to pay to the City of Iowa City a rental fee of $17.25 per hour per bus and 16¢ per mile for use of each such busby the Lessee for transportation during the NCAA wrestling tournament. Computation of the rental fee shall be based on the actual hours of use for each bus, commencing each day with the time that each such bus is picked up at the Transit Maintenance Facility and ending with its return thereto. 3. Lessee acknowledges and agrees that it will inspect said buses before each day's use and will determine if they are fit for the purposes for which Lessee intends to use them. In taking such buses from the premises of the City's Transit Maintenance Facility, the Lessee accepts them as fit for the purpose intended. The City of Iowa City makes no warranty as to the fitness of said buses for the uses intended by the Lessee. 4. The University of Iowa shall be responsible and agrees to pay for any and all claims for wrongful death, personal injury or property damage incurred by reason of the negligence of the University or its employees arising from activits under this agreement to the full extent permitted by Chapter 25A, Code of Iowa 198,9,which is the exclusive remedy for processing of tort claims against the State of Iowa. 5. Lessee further represents and acknowledges that it is fully insured to cover the liability which it has incurred and contractually agreed to assume in executing this Agreement. 6. Lessee agrees to maintain full collision coverage on the leased buses during the period of the lease. IN WITNESS WHEREOF, this Agreement has been executed as of the day and date first above written. J1 CITY OF IOWA CITY A McDonald, Mayor City Clerk 4EO. THE STATE UNIVERSITY OF IOWA By: %jodWT. FTNTegan, Bujollffss Manager ATTEST: .1(I... ! STATE OF IOWA ) ) SS: JOHNSON COUNTY) K Approved By C�%�� �� Clty Attorney's OHlce e.s ,2 7-1?1 On this lq'kl day of 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Michael J. Finnegan, to me personally known, who being by me duly sworn, did say that he is the Business Manager for the State University of Iowa, executing the within and foregoing instrument to which this is attached; that said instrument was signed on behalf of said State University of Iowa by authority of the President of the State University of Iowa and the State Board of Regents; that he has the authority to execute said instrument on behalf of the said President, Board of Regents, and State University of Iowa; and that the said Michael J. Finnegan acknowledged the execution of said instrument to be the voluntary act and deed of the said State University of Iowa, by it and by him voluntarily executed. Notary Public in and for said County and State transitlbususeui.agt -qf �t . '6t/— RESOLUTION (G RESOLUTION NO. 91-42 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LEASE EXTENSION BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT COMPANY, INC. FOR THE THIRD FLOOR OF THE COMMERCE CENTER, 325 E. WASHINGTON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City has negotiated a two-year lease extension agreement with Southgate Development Company, Inc., for the rental of the third floor of the Commerce Center, 325 E. Washington Street, Iowa City, lowa,and WHEREAS, the City Council deems it in the public interest to enter into said lease for the purpose of renting office space for the Department of Planning and Program Development from July 1, 1991, through June 30, 1993. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is hereby authorized to sign and the City Clerk to attest said lease extension agreement with Southgate Development Company, Inc. 2. That the City Clerk shall furnish copies of the lease extension agreement to any citizen who requests it. It was moved by AMBxisco and seconded by HOROWITz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby x Larson x McDonald X Novick Passed and approved this 5th day of MARCH 1991. i� AYOR Approved by ATTEST: //1�,��.J 7e 7�y� CITY -CLERK commerce.res City Attorney's Office oZ ---1 — 9/ Y* LEASE EXTENSION AGREEMENT This Lease Extension Agreement Is made and entered Into this 8_ day of February, 7991, by and between Southgate Development Company, Inc., referred to In this Agreement as Landlord, and the City of Iowa City, referred to In this Agreement as Tenant. RECITALS 1. Landlord and Tenant entered Into a Lease Agreement dated May 20, 1986 (Lease), wherein Landlord leased to Tenant approximately 3175 square feet in the building known as The Commerce Center in lorry City, lora. 2. The term of the Lease and exercised options expires June 30, 1991. 3. On June 8, 1990 Landlord and Tenant entered an agreement to lease an additional 170 square feet to Tenant for a monthly rental of $100 under similar terms and conditions as those contained In the Lease. 4. Landlord and Tenant, under certain terms and conditions, wish to consolidate the Lease and the agreement for additional square feet, and to extend the Lease for two additional years. TERMS AND CONDITIONS In consideration of the Recitals, of the following terms and conditions, and of the reciprocal obligations contained herein, it is agreed as follows: 1. The Lease shall be extended for a period of two years from July 1, 1991 until June 30, 1993. During the extended term the Leased Premises, as described in paragraph 1 of the tease, shall be increased from 3175 to 3345 square feet to Include the additional premises Landlord has been renting to Tenant since June 8, 1990. 2. The Annual Rental during the extended term of the Lease shall be $36,900.00, payable in equal monthly installments of $3075.00 per month, payable in advance, commencing on the first day of July 1991, with subsequent payments due on the 1st day of each month during the extended lease tens. These rental payments shall be in lieu of the Minimum Rental set forth at paragraph 3 of the Lease. 3. In addition to the Annual Rental, during the extended lease term Tenant shall continue to pay Additional Rental in accordance with paragraph 4 of the Lease. The numerator of the contemplated fraction shall be increased from 3175 to 3345 to reflect the increased square footage of the Leased Premises during the extended lease term. 4. Effective on or after July 1, 1992, Tenant may terminate the Lease upon 90 days prior written notice to Landlord. (For a termination to be effective on July 1, 1992, Tenant shall, by April 1, 1992, give Landlord written notice of the intent to so terminate.) 41a 5. All provisions of the Extension Agreement extended lease term. ON -2- Lease not otherwise specifically modified by'this Lease shall remain In full force and effect during the two year RW O w.i City Attomey's Office a -mss- �/ TENANT CITY OF IOWA GTTYJ Y A/J*k R� FDIC RESOLUTION NO. 91-43 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1992. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The annual budget for the fiscal year ending June 30, 1992, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates; appropriation expenditures; and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. It was moved by XussY and seconded by HOROWITz the Resolution be adopted, and upon roll call there were: AYES: —X X X X X X X Passed and approved this NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 5th day of MARCH YOR Approved by ATTEST:i± scer� 7t'.ct uJ CITY CLERK ity Attorney's Office finadm\annlbdgtres X13 RESOLUTION NO. 91-44 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1992-1994. ' WHEREAS, the City Council of the City of Iowa City, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for both ocerations and capital improvements: and WHEREAS, the three-year Financial Plan is subject to annual review and revisions; and WHEREAS, a public hearing was held on February 19, 1991, at their regular Council meeting, and public comments were received. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the City Council of the City of Iowa City does hereby adopt the Financial Plan for the Fiscal Years 1992-1994. 2. That this Resolution is an expression of the Council's legislative intent for planning future operations and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. It was moved by AMBRISCO and seconded by HOROWITZ the Resolution be adopted, and upon roll call there were: AYES: X X X X X X I'LWY&A ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 5th day of MARCH 1991. YOR ATTEST:ai<o� �f • f� f CITY -CLERK Approved by C Attorney's Office � o27 fl finadmVinplan.res P i RESOLUTION NO. 91-45 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEME- TERY. WHEREAS, Ordinance No. 77-2834 provides for the establishment of a schedule of rates and charges for Oakland Cemetery by resolution; and WHEREAS, the City Council of Iowa City last adopted schedules of fees and charges for interments, lots sales and other services in Oakland Cemetery by Resolution No. 87-213; and WHEREAS, it is in the public interest to revise said schedule of fees and charges as shown on the attachment which is hereby incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution 87-213 should be and is repealed, and that the attached schedule of fees and charges for interment and other services in Oakland Cemetery is hereby adopted, to become effective July 1, 1991. it was moved by AMBRISCO and seconded by adopted, and upon roll call there were: HOROWITZ the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 5th day of MARCH 1991. YOR Approved y ATTEST: A",2.2 t ,� CM ? -CLERK ity Attorney's Office o? parksrec\oakland.res `6 I Fees and Charges OAKLAND CEMETERY Effective 7-1-91 INTERMENTS Partial Weekend/ Full Weekend/ (City Residents) Weekday Holiday Holiday Infant Youth Adult Cremation NON-RESIDENT DISINTERMENT $ 35.00 $ 45.00 $ 55.00 $140.00 $150.00 $180.00 $330.00 $375.00 $400.00 $ 80.00 $100.00 $135.00 + 50% + 50% + 50% Double the appropriate resident weekday charge (minimum) E�ipment and Additional Services Tent (optional) Equipment (optional) Extra Maintenance - Adult, No Vault Finder's Fee Lot Sales Price Per Sq. Ft. Infant Youth/Adult Cremains NON-RESIDENT $ 40.00 $ 50.00 $ 50.00 $ 55.00 $ 70.00 $ 70.00 $ 95.00 $ 95.00 $ 95.00 NC $ 45.00 $ 45.00 Monument Areas = $8.50* Flush Marker Areas = $7.75 $ 56.00 N/A $340.00-408.00** $310.00-372.00** N/A $70.00 Add 50% Add 50% * Infant lots $7.00 per square foot. ** Can accommodate up to four cremation interments. Pes tiio QI-l16 SCHEDULE OF FEES AND CHARGES FOR LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY RESIDENT: For the purpose of these regulations, a resident of Iowa City is a person registered to vote in Iowa City elections, or an Iowa City property owner, or maintains a fixed abode with a mailing address in Iowa City. If a lot is purchased while a legal resident of Iowa City, as defined herein, subsequent absence from the city shall not require payment of the non-resident fee on said lots. The resident fee shall also be extended to the spouse of residents, as defined herein, and children of either the resident or the spouse. This pertains only to lots that were purchased as a resident. WEEKDAY OPENING AND CLOSING: All work is done during regular work hours, Monday -Friday, 8:00 a.m.-4:30 p.m., excluding city holidays. The cost of any overtime will be added to the work day charge. PARTIAL WEEKEND/HOLIDAY: The opening or closing is done on a weekend or holiday (or outside normal work hours), and the remaining work is done during regular work hours. FULL WEEKEND/HOLIDAY: All work is done on Saturday, Sunday and/or holiday due to a bona fide religious conviction, and/or health regulations. All arrangements will normally be regular work week, before 3:0f Exceptions will be made when the place at a specific time due to a conviction, health regulations, circumstances create extraordinary members. completed during the p.m. on Friday. interment must take bona fide religious or if extenuating hardships on family HOLIDAY: Paid holiday, when cemetery employees are not regularly scheduled to work. FINDER'S FEE: Lot sale, lot location or lot inspection done after normal weekday hours. -45 RESOLUTION NO. 91-46 Pim. dK RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY92 IOWA DOT STATE TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City has undertaken to provide Its residents with a public transit system, and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transit systems, and WHEREAS, 3.3575% of formula funding is being applied for and $62,114 in Special Project funding is being applied for from the State Transit Assistance program. In addition, if authority is received from the Iowa Department of Transportation, the City will apply for $249,145 from the Section 9 or Section 3 programs of the Urban Mass Transportation Administration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Manager is authorized to execute the required application documents to apply for State Transit Assistance. 2. That the Johnson County Council of Governments is authorized to file any additional information required by the Iowa Department of Transportation. 3. That the City Manager is authorized to execute all necessary contract documents with the Iowa Department of Transportation. It was moved by KUBBY adopted, and upon roll call there were: and seconded by AYES: NAYS: X X X X X X Passed and approved this 25thday of ATTEST: "2 CIT LERK Iccogtp4dotsta.res COURTNEY. ABSENT: X Ambrisco Courtney Horowitz Kubby Larson McDonald Novick MARCH '1991. YOR the Resolution be A4(0 RESOLUTION NO. 91-47 RESOLUTION OF INTENT TO CONVEY SINGLE-FAMILY HOMES IN THE SYCAMORE VIEW SUBDIVISION. WHEREAS, the City of Iowa City has undertaken a project to secure the development of new single-family residential dwellings for moderate -income first-time homebuyers utilizing City -owned property known as the Sycamore View Subdivision; and WHEREAS, in conjunction with the intention to sell said properties, the City advertised for income -eligible first- time homebuyers; and WHEREAS, upon review of applications submitted to the City, income -eligible first-time homebuyers have been selected to purchase the six properties at the Sycamore View Subdivision; and WHEREAS, City Council approved the conveyance of Lot 3 and Lot 4 of the Sycamore View Subdivision on April 2, 1991; and WHEREAS, the remaining four properties are proposed to be conveyed upon receiving notification of mortgage financing approval of prospective buyers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; That the City Council does hereby declare its intent to convey its interest in the following properties: Lots 2, 5 and 6, Sycamore View Subdivision, purchase price: $67,000 Lot 7, Sycamore View Subdivision, purchase price: $65,000 BE IT FURTHER RESOLVED: That a public hearing on said proposal be set for April 16, 1991, and the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. It was moved by Ambrisco and seconded by upon roll call there were: Novick the Resolution be adopted, and AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson x McDonald X Novick Passed and approved this 2nd day of April , 1991. Y RR ATTEST: CITY -CLERK ppdcdbgVt3-4syc.res 6407 ""'3 Fes g✓` RESOLUTION N0. 91-48 RESOLUTION ADOPTING SUPPLEMENT NUMBER 47 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 47th supple- ment to the Code of Ordinances of the City of Iowa City, rand, WHEREAS, it is deemed appropriate to adopt supplement number 47 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 47 to the Code of Ordinances of the City of Iowa City, Iowa, atta�eT-to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Novick the Resolution be a opt an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson x McDonald X 'Novick Passed and approved this 2nd day of April 1991 Zo ATTEST: Approved By My AttO M'8 Office 3- _?6 - 9Y lb RESOLUTION NO. 91-49 Res 41� RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS SUBDIVISION, PART I. WHEREAS, the owner and subdivider, Dav-Ed, Limited, have filed with the City Clerk, the final plat of Galway Hills Subdivision, Part I, Iowa City, Johnson County, Iowa, and WHEREAS, said subdivision is located on the following -described real estate located in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of the Fractional Northwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th Principal Meridian, the North Line of which is assumed to bear S 89007'30" W, in accordance with Record Legal Descriptions for Highway Right -of -Way acquisition; thence N 89024'24" E, along the North Line of the Northeast Quarter of said Section 18, 238.32 feet; thence S 00035'36" E, 235.36 feet; thence S 19059'55" E, 162.76 feet; thence S 09048'17" W, 249.40 feet; thence S 29043'21 " W, 140.14 feet; thence Southeast- erly, 15.33 feet, along a 452.44 foot radius curve, non -tangent to the preceding and following courses, and concave Northeasterly, whose 15.33 foot chord bears S 61014'53" E; thence S 27046'53" W, 197.98 feet; thence S 08046'04" W, 124.79 feet; thence S 00001'02" W, 141.98 feet; thence N 89058'58" W, 117.08 feet; thence N 69019'31" W, 189.67 feet; thence S 67038'08" W, 217.44 feet; thence N 09032'03" W, 130.00 feet; thence Southwesterly 76.62 feet, along a 359.58 foot radius curve, non -tangent to the preceding and following courses, and concave Northwesterly, whose 76.47 foot chord bears S 86034'12" W; thence N 02040'27" E, 178.55 feet; thence N 17021'05" W, 114.75 feet; thence N 03°03'15" E, 330.50 feet; thence N 25113'53" E, 125.41 feet; thence S 82050'07" E, 142.91 feet; thence N 14048'11" W, 334.48 feet; thence N 0052'30" W, 50.11 feet, to a point on the North Line of the Northwest Quarter of said Section 18; thence N 89007'30" E, along said North Line, 406.23 feet, to the Point of Beginning. Said Tract of land contains 18.00 acres, more or less, and is subject to easements and restrictions of record. and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision, and have recommended approval of same; and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter409A, Code of Iowa. and all other statutory requirements. 49 Resolution No. 91-49 Page 2 NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement is hereby accepted as by law provided. BE IT FURTHER RESOLVED, that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents, upon the approval of the City Attorney, relating to said subdivision, and to certify a copy of this Resolution to the Office of the Johnson County Recorder. It was moved by Ambri cco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X M -Nm Passed and approved this 2nd day of YOR ATTEST: CITY -CLERK ppdadmlgalwayhl.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. aly AU RESOLUTION NO. 9i -5o RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR PROCTER & GAMBLE. WHEREAS, the owner, Procter & Gamble Manufacturing Co., has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary Large Scale Non -Residential Development plan for Procter & Gamble; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development plan and have recommend- ed approval of same; and WHEREAS, the preliminary Large Scale Non -Residential Development plan has been examined by the Planning and Zoning Commission; and after due deliberation, the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary Large Scale Non -Residential Development plan for Procter & Gamble is found to conform with all the pertinent requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 9 That the preliminary Large Scale Non -Residential Development plan for Procter & Gamble is hereby approved. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution and of the preliminary Large Scale Non - Residential Development plan for Procter & Gamble after passage and approval by law. It was moved by Courtney and seconded by adopted, and upon roll call there were: Horowitz AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick the Resolution be Passed and approved this 2nd day of A ril .1991. YOR Appro b ATTEST: 2 ami le 7er�✓ CITY -CLERK City ttorney's Office 3 2 �f/ ppdadmin\pmcgamb.m Sz) Res '6 RESOLUTION NO. 91-51 RESOLUTION APPROVING THE FINAL PLAT OF NORTHWOOD ESTATES SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner and subdividers, Peter and Patricia Van Gerpen, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Northwood Estates; and WHEREAS, the proposed subdivision is located In Johnson County and within Iowa City's two- mile extraterritorial jurisdiction; and WHEREAS, said subdivision is located on the following -described real estate located in Johnson County, Iowa, to -wit: Commencing at the Southwest Corner of the Southeast Quarter of Section 28, Township 80 North, Range 6 West, of the Fifth Principal Meridian; thence N 00021'49" W, along the West Line of said Southeast Quarter, 463.00 feet; thence N 89001'00" E (A Recorded Bearing), 1.73 feet, to a Point on the Line of the Existing Fence, and the Point of Beginning; thence continuing N 89001'00" E, 1392.21 feet, to a Point on the Westerly Right -of -Way Line of County Road W-66 (Dubuque Street); thence Northeasterly, 38.95 feet, along said Westerly Right -of - Way Line on a 1196.00 foot radius curve, concave Southeasterly, whose 38.94 foot chord bears N 16035'02" E; thence N 17°31'00" E, along said Right -of -Way line, 137.90 feet; thence Northwesterly, 402.94 feet along said Right -of -Way Line on a 586.70 foot radius curve concave Southwesterly whose 395.07 foot chord bears N 02009'30" W; thence N 21050'00" W, along said Right -of -Way Line, 58.22 feet, to a point on the Existing Fence Une; thence S 82005'24" W, along the Line of the Existing Fence, 485.99 feet, to an existing Corner Post; thence N 17°35"02" W, 129.46 feet; thence N 55000'02'W, 340.00 feet, to a Point on the South Line of Prather Subdivision No. 1, in accordance with the Plat thereof, Recorded in Plat Book 17 at Page 12, of the Records of the Johnson County Recorder's Office; thence S 89019'58" W, along said South Line and the Westerly Projection thereof 613.65 feet, to a Point on the Line of the Existing Fence, said point being N 89019'58" E, 2.85 feet from the West Line of said Southeast Quarter of Section 28; thence S 0001729" E, along the Line of the Existing Fence, 885.96 feet, to the Point of Beginning. Said Tract of Land contains 25.00 acres more or less, and is subject to easements and restrictions of record. and WHEREAS, a dedication and consent to plat has been made in accordance with the desires of the owners and proprietors; and WHEREAS, said plat and subdivision are found to conform with Chapter 409A, Code of Iowa and all other statutory requirements; and 51 Resolution No. 91-51 Page 2 WHEREAS, said plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said plat and subdivision be accepted and approved, subject to there being no direct driveway access to Dubuque Street other than Hensleigh Drive and the existing private driveway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement are hereby accepted as by law provided subject to there being no direct driveway access to Dubuque Street other than Hensleigh Drive and the existing private driveway. BE IT FURTHER RESOLVED, that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents approved by the City Attorney relating to said subdivision and to certify a copy of this resolution to the Office of the Johnson County Recorder. It was moved by Novick and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X_ Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this ?,,,1 day of Apri1 1991. AYOR Appr d ATTEST: CI LERK City Attorney's Office 3 ppdadm\nrthwood.res .5I RESOLUTION NO. 91-52 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY91 ASPHALT RESURFACING PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the C ty e'K. ;t until 10:30 A.M. on the 22nd aay of April, 1991. thereafter the Dios will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers,, Civic Center, Iowa City, Iowa. It was moved by . Ambrisco and seconded by Tars,, that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Novick X CCUrtna;, X Horowitz X Kubby X Larson X McDonald Passed and approved this 2nd day of April , 1991. Gfi �i?�a APPROVED AS TO FORM ATTEST: 9t • 75�.�✓ CITY CLERK O ity Attorney's Office 52 `A RRS 61L RESOLUTION NO. 91-53 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract. and estimate of cost for the above-named project are hereby approvea.- 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bias for the above-named project are to Fs pd =4= - of Iowa City, Iowa, at the Office of the City Clerk. a. the Ci t a ter, until 10:30 A.M. on the 22nd day of April, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa. It was moved by Larson and seconded by Novick that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco i Courtney Horowitz g Kubby Larson McDonald Passed and approved this 9,,1 day of April , 1991. kYOR ATTEST: CITY CLERK APPROVED AS TO FORM ity Attorney's Office 3 d%fi 53 gs- SK RESOLUTION NO. 91-54 RESOLUTION AUTHORIZING THE CONVEYANCE TO THE IOWA CITY COMMUNITY SCHOOL DISTRICT OF AN EASEMENT FOR A PRIVATE SANITARY SEWER WHICH IS LOCATED ON LOT 7 OF THE SYCAMORE VIEW SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is owner of property known as the Sycamore View Subdivision, and WHEREAS, a private sanitary sewer which serves South East Junior High School is located on a portion of Lot 7, Sycamore View Subdivision, and WHEREAS, the City of Iowa City wishes to convey to the Iowa City Community School District an exclusive permanent easement for the purposes of operating, maintaining, repairing, and reconstructing said sanitary sewer. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, does hereby authorize the conveyance of a private sanitary sewer easement to the Iowa City Community School District located on a portion of Lot 7 of Sycamore View Subdivision. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute and attest said easement agreement attached hereto and made a part hereof by this reference. It was moved by Courtney and seconded by xubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Ambdsco X Courtney X Horowitz X Kubby x Larson x McDonald X Novick Passed and approved this 2nd day of April tggt ATTEST: 2&II�4-,,. CITY CLERK ppdcdbglswresmt.res Ll. /o 0.'G2 YOR Appro a by ZVI City Aftomeyi Office '*?/_2_ 5Y rCnm Nrl`l1 .OMNI IMM 0rVV=n M"Mmr-NI THIS AGREEMENT, made and entered Into by and between the City of Iowa City, hereinafter referred to as 'GRANTOR(S)' and the Iowa City Community School District of the County of Johnson, State of Iowa, a municipal corporation, hereinafter referred to as the Iowa City Community School District.' IT IS HEREBY AGREED AS FOLLOWS: 1. The UNDERSIGNED Grantor(s) state that they are the owners of certain real estate to -wit as described in Exhibit "A" attached to this easement and by this reference made a part hereof. 2 The GRANTOR(S) hereby grant and convey to the Iowa City Community School District an exclusive permanent easement for the purposes of constructing, operating, maintaining, repairing, using and reconstructing a sanitary sewer in the area described in uExhibit A' attached hereto and incorporated by reference herein. 3. The GRANTOR(S) hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement 4. The Iowa City Community School District shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, operation, repair, maintenance and reconstruction of the sanitary sewer. 5. The Iowa City Community School District shall have the right to trim and remove all trees and bushes which may interfere with the exercise of the Iowa City Community School District's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNERS. 6. The Iowa City Community School District shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the OWNERS. 7. The GRANTOR(S) reserve the right to use the real estate above-described for purposes which shall not interfere with the Iowa City Community School District's or public's full enjoyment of the rights granted in this easement; provided, however, that the GRANT- ORS) shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions within the easement, nor shall GRANTOR(S) allow or cause any substantial fill or cut over said easement without the consent of said Iowa City Community School District, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Grantor(s) may construct drives, walkways, and/or parking areas over said easement area. 8. The Iowa City Community School District agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement 9. The Iowa City Community School District shall indemnify GRANTOR(S) against any loss or damage which may occur in the exercise of the easement rights by the Iowa City Community School District, except for loss which may be occasioned by a diminution in business during the temporary use of the area for construction, repairs, maintenance and/or construction. 10. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. This personal easement shall be recorded at the time of its execution. Dated this 2nd day of April '19 91 , GRANTOR(S) CITY OF IOWA CITY By: ayor IOWA GI TY COMMUNITTYjSCHOOL DISTRICT ATTEST: By: 141=,��� �' Maria K Karr, City Clerk STATE O A ) SS: JOHNSON COUNTY ) On this day of - Notary Public in and for named in and who execute executed the same as their STATE OF IOWA ) ) SS: JOHNSON COUNTY) ia3nd foregoing act and deed. before me, the undersigned, a Johnson, personally appeared n to be the Identical person(s) Viand acknowledged that they Notary Public In and for the Slate or Iowa On this 19th day of February , A.D. 19 91 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jerald L Palmer and , to me personally known, who being by me duly sworn, did say that they are the Board secretary and respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said Instrument was signed (and sealed) on behalf of (the seat affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said Iowa city community schoolvand as such officers acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. STATE OF IOWA SS: JOHNSON COUNTY Notary Public In and f(fr NOTARIAL SEAL On this 2nd day of April A.D. 19 91 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Sohn McDonald and Marian K. Karr , to me personally known, who being by me duly sworn, did say that they are the Mavor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this Is attached, that the seal affixed thereto Is the seal of said municipal corporation; that said Instrument was signed (and sealed) on behalf of said municipal corporation by authority of Its City Council; and that the said M=xc' and city clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Se~,d �v- NQTA Notary Public in and for said County and Slate PIXICI tpe(mesmLsdt y�i�` sC�� IF City Attomey'e Office .3/;.f/?j 1001(1218 %•= 125 Exhibit A A tract of land ten (10) feet in width through the following -described real estate; commencing at the Southeast corner of Lot Seven (7), Sycamore View, a resubdivision of Lots 1, 2, 3, 4 and 5 of Block 10, East Iowa City, an addition to Iowa City, Iowa, according to the recorded plat thereof, thence in a Northwesterly direction along the South line of said Lot Seven (7), to the Southwest corner of said Lot Seven (7), thence North ten (10) feet, thence in a Southeasterly direction parallel with the South line of said Lot Seven (7) to a point ten (10) feet North of the point of beginning; thence South ten (10) feet to the place of beginning. Also described as the South ten (10) feet of Lot Seven (7), Sycamore Subdivision, according to the recorded plat thereof. ppddiAexa.1 RESOLUTION NO. 91-55 RESOLUTION AUTHORIZING THE CONVEYANCE TO CHARLES D. NEWMIRE AND DEBRA KIRKPATRICK AND J. CHRIS AND DEBORAH GAMMACK OF THE CITY'S INTEREST IN TWO OF THE SIX SINGLE-FAMILY HOMES IN THE SYCAMORE VIEW SUBDIVISION FOR $67,000 PER LOT. WHEREAS, the City of Iowa City has undertaken a project to secure the development of new single-family residential dwellings for moderate -income first-time homebuyers utilizing City -owned property known as the Sycamore View Subdivision; and WHEREAS, in conjunction with the intention to sell said properties, the City advertised for income - eligible first-time homebuyers; and WHEREAS, upon review of applications submitted to the City and mortgage approval from their lenders, the following income -eligible first-time homebuyers have been selected to purchase two of the six properties at the Sycamore View Subdivision; and WHEREAS, a public hearing was held on this proposal to convey the City's interest in real property on April 2, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the conveyance of its interest in the following properties located at Sycamore View Subdivision: To Charles D. Newmire and Debra Kirkpatrick for $67,000 for Lot 3, Sycamore View Subdivision. To J. Chris and Deborah Gammack for $67,000 for Lot 4, Sycamore View Subdivision. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute and attest all instruments and documents approved by the City Attorney to carry out the conveyance. It was moved by K,ihhv and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: N X X X X X NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 7S " Resolution No. 91-55 Page 2 Passed and approved this 2nd day of April 1991 AYOR --77.i�� /l Approve y ATTEST: //7 9f - X14 , CIT LERK City Attorney's Office ppdcdbg\3.4sycvw.res 55 I ` RESOLUTION NO. 91-56 ' es B/z RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE 13TH RENEWAL OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. WHEREAS, it is in the public interest to provide transit service to Iowa City residents who have special transit needs due to age or disability, and WHEREAS, the Johnson County SEATS program is designed to provide special transit service for elderly persons and persons with disabilities, and WHEREAS, Iowa City and Johnson County did, on August 23, 1977, enter into a 28E agreement for the purpose of providing such service; and did renew this agreement for the thirteenth time on May 15, 1990, for the purpose of continuing such service during fiscal year 1991, and WHEREAS, an amendment to the 13th Renewal Agreement is required in order to continue delivery of special transit service to Iowa City residents through the end of FY91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Amendment to the 13th Renewal of the 28E Agreement for Transit Services, attached hereto and made a part hereof by this reference, is hereby approved. 2. That the Mayor is hereby authorized to execute and the City Clerk to attest said Amendment. 3. That the City Clerk is directed to file said Amendment with the Secretary of the State of Iowa and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. it was moved by Xubby and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: . Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X_ Novick Passed and approved this 2nd day of April 1991 YOR Approv y ATTEST: him ,� 9�•� ,� CITY CLERK City Attorney's 61ce 3/279/ j ccogtp\28eagtic. res 54 y AMENDMENT TO THE 13TH RENEWAL OF THE 28E AGREEMENT FOR TRANSIT SERVICES This amendment to the 13th Renewal Agreement is entered Into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. WHEREAS, the parties hereto wish to amend the 13th Renewal Agreement for transit services, the original agreement of which is recorded in Book 501 at page 303 In the Office of the Johnson County Recorder; NOW, THEREFORE, BE IT AGREED by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. That the 13th renewal term of the 28E agreement for transit services between Johnson County, Iowa, and the City of Iowa City, Iowa, remains in effect with the following modification: a. The last sentence of numbered paragraph 4 shall be deleted and replaced with the following sentence: "Total funding by the City for service during FY91 shall not exceed $228,225.' 2. In all other respects, the original agreement, as amended, between the parties remains in full force and effect 3. This amendment to the 13th Renewal Agreement shall be effective April 2, 1991, through June 30, 1991. 4. This amendment to the 13th Renewal Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 11th day of April . 1991. CITY OF IOWA CITY JOHNSON COUNTY, IOWA ,,John McDonald, Mayor Bet"ekenfels,-C-hairperson Charles Huffy Board of Supervisors vice -Chairperson ATTEST: ATTEST: �y^ ✓ /� / "w�s*a City Clerk I LE+ J. County Audito \28eamndLic Johnson Co., Iowa APR 111991 Oen- SAZi! COUNTY AUDrro' 961 V Pl-s ?,,<— a RESOLUTION NO. 91-57 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTAN AMENDMENTTO THE FIRST RENEWAL OF A 28E AGREEMENT FOR FY91 SUPPLEMENTAL TAXI SERVICE BETWEEN THE CITY OF IOWA CITY, JOHNSON COUNTY, AND OLD CAPITOL CAB COMPANY. WHEREAS, it is In the public interest to provide taxi service to Iowa City residents in order to supplement the Iowa City contract with Johnson County SEATS for transit service for persons with disabilities, and WHEREAS, there is in existence a contract for FY91 supplemental taxi service between the City of Iowa City, and Old Capitol Cab Company which is administered by Johnson County SEATS, and WHEREAS, it is desirable to increase the amount of funding for this service by $1500 so that it may be continued until the end of FY91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Amendment to the First Renewal of a 28E Agreement for FY91 Supplemental Taxi Service contract, attached hereto and made a part hereof by this reference, is hereby approved. 2. That the Mayor is hereby authorized to execute and the City Clerk to attest said Amendment. 3. That the City Clerk is directed to file said Amendment with the Secretary of the State of Iowa and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Kubby and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: X —x- -x— x X X Passed and approved this 2nd NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day Of April , 1991 0-� YOR Appro e b ATTEST: / ` CITY CLERK City Attorney's Office 377141 jccogtp\supptaxi. res S'j AMENDMENT TO THE FIRST RENEWAL OF A 28E AGREEMENT FOR FY91 SUPPLEMENTAL TAXI SERVICE This amendment to the first renewal of a 28E agreement for FY91 supplemental taxi service is entered into by and between the City of Iowa City, Iowa, Johnson County, Iowa and Old Capitol Cab Company. WHEREAS, the parties hereto wish to amend the first renewal of a 28E agreement for FY91 supplemental taxi service; NOW, THEREFORE, BE IT AGREED by and between the City of Iowa City, Iowa; Johnson County, Iowa; and Old Capitol Cab Company as follows: 1. That the first renewal of a 28E agreement for FY91 supplemental taxi service between the City of Iowa City, Iowa; Johnson County, Iowa; and Old Capitol Cab Company remains in effect with the following modification: a. Section III, Compensation, paragraph 3, sentence 1; shall be deleted and replaced as follows: "Funding of $7500 shall be allocated by the City for this program." 2. In all other respects, the first renewal agreement between the parties remains in full force and effect. 3. This amendment to the first renewal of a 28E agreement for FY91 supplemental taxi service shall be effective April 2, 1991, through June 30, 1991. 4. This amendment to the first renewal of a 28E agreement for FY91 supplemental taxi service shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 11th day of April 1991. CITY OF IOWA CITY JOHNSON COUNTY, IOWA McDonald, Mayor Charl D. Duffy Board of Supervisors Vice—Chairperson ATTEST: � 7S . ATTEST: %„ X/Ut gr.* R+ ... City Clerk r I L E 1� County Auditor Johnson Co:, Iowa OLD CAPITOL CAB COMPANYAPR 111991 Gustoff, President \supptab.amd S' 7 V' RESOLUTION NO. 91-58 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND FIRST NATIONAL BANK. WHEREAS, the City of Iowa City is the owner and holder of a certain rehabilitation lien which is in the amount of $2,500 executed by the owner of 715 First Avenue, dated October 12, 1988, and recorded October 29, 1988, in Book 1032, page 136 In the Johnson County Recorder's Office covering the following -described real estate: Lot Three (3), Block Four (4), East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. WHEREAS, First National Bank, Johnson County, Iowa, loaned the sum of $30,500 on a promissory note secured by a mortgage covering the real estate described above that was executed by the owner of 715 First Avenue, and WHEREAS, First National Bank has requested that the City execute the attached subordination agreement, thereby making said rehabilitation loan held by the City subordinate to the lien of said mdrtgage that was made by First National Bank, and WHEREAS, there is sufficient value in the above-described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor is authorized to execute and the City Clerk to attest said attached Subordination Agreement between the City of Iowa City and First National Bank of Iowa City, Johnson County, Iowa. It was moved by T.artnn and seconded by R„bhy the Resolution be adopted, and upon roll call there were: AYES: X X X NAYS: Passed and approved this 2nd day of ATTEST: 2%a e� 71V A�Z CITY CLERK vl6ersLres YOR ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. �J V(Lnt%o I` — SUBORDINATION AGREEMENT AGREEMENT made this 2nd day of April , 19 91, between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and First National Bank , of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 2,500.00 executed by Michael Finley and Terri Finley , dated October 12 , 19 es , and recorded nrtnfiar go 19$n_, in Book 1032 , at page 136� in the Johnson County Recorder's Office covering the following described real estate: Lot 3 in Block 4 in Fast Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, First National Bank Iowa City is about to loan the sum of 30,500.00 on a promissory note to be -executed by Mi,ha� Pi Fin lee and Terri Finley secured by a mortgage covering the real estate described, and WHEREAS, to induce First National Bank to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Michael Finley and Terri Finley For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: M I . Subordination. The City hereby covenants and agrees with First National Bank that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Michael Finley and Terri -Finley. 2. Consideration. In consideration of the City of Iowa city subordinating the rehabilitation loan held by it to be the mortgage of _ First National Bank , shall make the above-mentioned loan to Michael Finley and Terri Finley 3. Mortgagee. The mortgage to First National Bank shall be in the amount of $ 30.500.00 with interest at10_875percent due and payable in 60 monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the. rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. CITY OF IOWA CITYQQ yor ATTEST: Cit Clerk M, STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2nd day of n ri1 1 , before me, the undersigned,�ary Pub c n an or e a e of Iowa, personally appeared John Mc Donald and Ma , to me personally known, who, being y me duly sworn, aid saye the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and Cit Clerk as such o�Cers acknowledge a execu on of sa ns rumen o e e voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. Notary Public in and for said State '57 RESOLUTION NO. 91-59 qQS y+eL RESOLUTION CERTIFYING UNPAID VEHICLE REMOVAL AND SIDEWALK REPAIR CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Section 364.12 of the Code of Iowa provides that the City Council may certify unpaid vehicle removal and unpaid sidewalk repairs to the County Auditor for collection in the same manner as a property tax; and WHEREAS, there exist unpaid vehicle removal and unpaid sidewalk repair charges for the owners and properties, and in the amounts specified In Exhibit A, attached to this Resolution and by this reference made a part hereof; and WHEREAS, the Council finds that the property owners have received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution, at which time the property owners could appear before the Council and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: . That the City Clerk is hereby authorized to certify to the Auditor of Johnson County, Iowa, for collection in the same manner as a property tax, unpaid vehicle removal and unpaid sidewalk repair charges as stated in Exhibit A attached. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco % Courtney % .Horowitz % Kubby Larson % �— McDonald Novick Passed and approved this 2nd day of April 1991. YO Approved by ATTEST: ]y/o.. _ Ze -�em1J CITY -CLERK City Attomey's Office vehicrmv.res ****EXHIBIT A**** SIDEWALK REPAIR Section 364.12(2)(d) of the State Code of Iowa PROPERTY OWNER: Patrick Welter PROPERTY OWNER'S ADDRESS: c/o Marguerite Welter, 25615 Hampton Drive Warrenville, IL 60555 PROPERTY: 926 N. Dodge Street, Iowa City, IA 52245 LEGAL DESCRIPTION: S 60' of Lot 44 SD SE 1/4 3-79-6 & N 60' W 47.8' Lot 3 Blk 1 Dewey's Add PARCEL NUMBER: 53793 CHARGES: Sidewalk Repair, 12/7/89 - $50.16 ---------------------------------------------------------------- VEHICLE REMOVAL Section 24-101(a)(3) of the City Code Section 364.12(3)(a),(h) of the 1991 State Code of Iowa PROPERTY OWNER: Benjamin Rittgers PROPERTY OWNER'S ADDRESS: 17 S. Governor St., Iowa City, IA 52240 PROPERTY: 17 S. Governor St., Iowa City, IA 52240 LEGAL DESCRIPTION: Part of Lots 1 & 2 & Part of Alley Block 3 O.T. PARCEL NUMBER: 60533 CHARGES: Vehicle Removal, 8/1/90 - $13.01 PROPERTY OWNER: Raymond Helmer PROPERTY OWNER'S ADDRESS: 2800 Rochester Ave., Iowa City, IA 52245 PROPERTY: 630 Reno, Iowa City, IA 52245 LEGAL DESCRIPTION: Pt.of Lots 18 & 19 Irish's Ext. of Woods Add. PARCEL NUMBER: 62309 CHARGES: Vehicle Removal, 9/18/90 - $32.00 51 6�L �/ � 3g� RESOLUTION NO. 91-60 RESOLUTION ENGAGING AUDITOR FOR FISCAL YEAR ENDING JUNE 30, 1991. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the firm of Ernst & Young Certified Public Accountants be engaged to conduct the general City financial audit for the Federal Compliance Audit for the City of Iowa City for the fiscal year ending June 30, 1991. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Larson and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney % Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 2nd day of April 1991. YOR roved b ATTEST: CI CLERK tity Attorney's Office 3--2 6 -,9/ finacctg\auditor.res MA RESOLUTION NO. 91-61 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF A REST- ROOM FACILITY IN LOWER CITY PARK. WHEREAS, Hook Construction, Inc. has submitted a bid of $90,082 for the construction of the above-named project, and WHEREAS, said bid has been recommended for award by the Director of the Department of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Hook Construction, Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Larson and seconded by Courtney the Resolution be adopted, and upon roll call there were: f'vd*3 NAYS: bL1-9 ;TIN Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 2nd day of April 1991. .GyCi AYOR Approved by ATTEST: /�a,eQ,� 7S 7i�,,% CITY CLERK parksrec\c ypark.res ity Attorney's Office !/ �I RESOLUTION NO. 91-62 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE POLICE DEPARTMENT. WHEREAS, Resolution No. 90-33 adopted by the City Council on March 9, 1990, authorized permanent positions in the Police Department for FY91; NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Police Department be amended by the addition of one Community Service Officer position. It was moved by Courtney adopted, and upon roll call there were: and seconded by Larson the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 2nd day of April , 1991. )AYOR A proved bY/ L�Cf ATTEST: �d+cei,ri � 7f���// � CITY'CLERK �ityAttomey's Office humanrePpolice.res RQS B RESOLUTION NO. 91-63 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO SUBDIVIDER'S AGREEMENT FOR HIDDEN VALLEY SUBDIVISION. WHEREAS, John P. Muller and Daniel L. Haaf are the subdividers of Hidden Valley Subdivision, which was approved by the City Council on October 17, 1989; and WHEREAS, the City of Iowa City, Iowa and Subdividers entered into a Subdivider's Agreement, which Agreement requires the Subdividers to install certain public improvements, including Windsor Court; and WHEREAS, several large mature trees sit astride the westerly portion of Hidden Valley Subdivision and property owned by another party, where Windsor Court would otherwise be extended; and WHEREAS, the property owner to the west has objected to destruction of the trees, since it is uncertain he will develop his currently undeveloped property; and WHEREAS, it is uncertain whether Windsor Court will be extended through to Seventh Avenue, and so destruction of the trees does not seem reasonable and would not be in the public interest; and WHEREAS, in the event Windsor Court is extended, Subdividers have obtained an estimate of the value of installing the remaining eleven (11) feet of Windsor Court, and Public Works finds the estimate reasonable and satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF -THE CITY OF IOWA CITY, IOWA, that: The Council finds it is in the public interest to accept payment in lieu of extension of Windsor Court in order to avoid destruction of several mature trees, and in order to remove clouds on the title to the property, and authorizes execution of the Amendment to the Subdivider's Agreement attached hereto. 2. Upon Subdivider's payment to the City Treasurer in the amount of $1,860, for deposit in the general fund, the City will enjoy all rights the Subdividers now possess in the property in order to complete the extension of Windsor Court, all as originally shown on the final plat of Hidden Valley subdivision, recorded in Plat Book 30, page 290 of the Johnson County Recorder's Office. 3. Upon execution of the Amendment to the Subdivider's Agreement and payment of the paving cost in lieu of installation, Subdividers will record said documents in the Johnson County Recorder's Office, at their expense, to be returned to the City Clerk for permanent safekeeping. 103 Resolution No. 91-63 Page 2 It was moved by Kubby and seconded by Ambrisco adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney _x Horowitz X Kubby x Larson x McDonald x Novick Passed and approved this 2nd day of April . 1991. the Resolution be Approved by ATTEST:bk".,J ?p �_ _� l/1� CITY CLERK ity Attorney's Office hidval.res 3 d8 fl 401 ..I 1 *,0,11(111 p91y0 VA 11; THIS AM NrM Nf TO SUBDIVIDERS' AGREEUNP is made and entered into by and between John P. Muller and Daniel L. Beef, hereinafter called SUBDIVIDERS, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY. WHEREAS, Subdividers and city entered into a Subdividers' Agreement for the installation of certain improvements in Hidden Valley Subdivision, an addition to Iowa City, Johnson County, Iowa, which Subdividers' Agreement was recorded on October 25, 1989, in Book 1089, Pages 188 and 189, of the Johnson County Recorder's Office, with the plat of said subdivision being recorded on October 25, 1989, in Plat Book 30 , Page 290, of the Johnson County Recorder's Office. WHEREAS, all improvements required under said Subdividers' Agreement have been installed and completed with the exception of the extension of approximately eleven feet of Windsor Court to the westerly property line of Hidden Valley Subdivision due to the objections of the property owner to the west of Hidden Valley Subdivision of the use of his property in the installation and completion of Windsor Court to the westerly property line of Hidden valley Subdivision. WHEREAS, the Subdividers have obtained an estimate of the cost to extend said Windsor Court paving to the westerly line of Hidden valley Subdivision in Iowa City, Johnson County, Iowa, and the Subdividers and City desire to enter into an agreement to amend the original Subdividers' Agreement which would require Subdividers to pay this estimated cost to the City at this time in exchange for a release from the City. NOW, THEREFORE, IMPENDING TO BE LEGALLY BOUND HEREBY, and in consideration of the mutual covenants contained herein, Subdividers and City agree as follows: 1.. Subdividers have obtained an estimate of the cost to extend the Windsor Court paving to. the westerly line of Hidden Valley Subdivision from MMS Consultants, Inc., with said estimate in the amount of $1,860.00. A copy of this estimate is attached hereto, marked Exhibit "A", and by this reference made a part hereof. 2. City agrees to accept payment to it in the sum of $1,860.00 in lieu of requiring Subdividers to extend the Windsor Court paving to the (0 3 Page 2 of 3 westerly line of Hidden Valley Subdivision. 3. City agrees that upon payment to it in the sum of $1,860.00, the same to became the absolute property of the City, that City will then issue to Subdividers a good and sufficient release to all lots in said subdivision so that the original Subdividers' Agreement will not constitute a cloud upon the title to the lots in Hidden Valley • Subdivision and further agrees to accept said payment in full satisfaction of the Subdividers' obligations under said agreement for the installation of Windsor Court paving. 4. Subdividers and City agree that all other provisions of the original Subdividers' Agreement entered into by the parties and recorded on October 25, 1989, other than those provisions amended herein, shall remain in full force and effect. Dated this O�O� � day of 19-ZL. AWroved By .11r7a.4- U City Attorney'a Otfloe -5-� STATE OF IOWA ) )SS: JOHNSON COUNTY) Marian K. Karr, City Clerk On this day of _ . _ r - 19,,-,, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Join P. Muller and Daniel L. Haaf to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Ll,rG DOUG''J1SV.""SON. Tray Gommisslon Expires I Notary Public in and for said State and County (03 Page 3 of 3 STATE OF IOWA ) )SS: JOHNSON COUNTY) on this 2nd day of April , 19 91, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to be personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively of the City of Iowa City, Iowa, executing the within and foregoing Amendment to Subdividers, Agreement, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said State and County 63 MMS CONSULTANTS, INC. M 465 IOWA HIGHWAY Nil, 1 WEST • IOWA CITY a IOWA 62245-4205 319-351-8282 November 15, 1990 Jack Muller 1418 Westview Drive Coralville, Iowa 52241 Dear Mr. Muller: nolwrt D. Mickelson lS Laity R Schelltler LA. cmatopher M. Stephen PL Deen L Beranek LS. Dennis J. Kellet ►L Glen D. Messner P.L a L4. The purpose of this letter will be to set forth our estimate of what it would cost to extend Winsor Court paving to the Westerly line of Hidden Valley Subdivision in Iowa City, Iowa. Clearing and Grubbing of Trees: We asked Randy Noel of Noel's Tree Crane Service to give us an estimate for the cost of clearing and grubbing the trees at the end of the present Winsor Court paving that would need to be removed to extend the street paving to the property line. Mr. Noel's estimate for this work was $600.00. Grading and Paving We estimate that approximately 36 square yards of paving will be required to extend Winsor Court Paving to the Westerly property line of Hidden Valley Subdivision. Using a unit cost of $35.00 per square yard, we esti- mate the post to excavate the area, prepare the subgrade and pave the required area to be $1,260.00. The above unit price for excavation and paving is based on the assumption that this paving extension will be com- pleted at the time that Winsor Court is extended to 7th Avenue. We trust that the enclosed information is sufficient for your present If you have any questions or require any additional inforr r, contact us accordingly. D� Christ p z W cc: Dan Haaf z .Doug Olson 0 z W 2148001m.01 CMS/jes ." y submitted: WN pf-S BK RESOLUTION NO. 91-64 RESOLUTION ACCEPTING QUIT CLAIM DEED AS CORRECTIVE LEGAL DESCRIPTION OF A PORTION OF SEVENTH AVENUE RIGHT-OF-WAY; RELEASING THAT PORTION OF A PRIOR LEGAL DESCRIPTION TO REMOVE A CLOUD ON TITLE TO ADJACENT PROPERTY; AND DEDICATING THE CORRECTED PORTION OF RIGHT-OF-WAY, AS NOW CORRECTLY DESCRIBED. WHEREAS, in 1977 Plum Grove Acres, Inc. ("PGA") conveyed certain property to the City of Iowa City, Iowa, for public right-of-way purposes, in order to provide secondary access to Windsor Heights Fifth Addition, now known as North Seventh Avenue in Iowa City, Johnson County, Iowa; and WHEREAS, the PGA legal description was in error, although the street right-of-way and plat were correct, as platted; and WHEREAS, MMS Consultants, Inc. recently discovered the erroneous legal description while performing a land boundary survey work for William and Susan Craig ("Craigs"), who own property abutting and to the west of this portion of North Seventh Avenue and known as 225 North Seventh Avenue, with the result that the erroneous legal description has created a cloud on their title, even though the street right-of-way exists as platted, see attached drawing, Exhibit A; and WHEREAS, now that it has come to the attention of PGA, the Craigs and the City of Iowa City, PGA has prepared a quit claim deed of the corrected legal description, shifting the legal description to the east, which deed is attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, PGA, the City and Craigs acknowledge the corrected quit claim deed reflects the actual Seventh Avenue right-of-way as constructed and platted, and that the westernmost portion of the legal description was not actually used for public right-of-way purposes; and WHEREAS, MMS, Inc. has prepared a "right-of-way acquisition plat", which is attached as Exhibit C and incorporated by reference herein, which reflects not only the actual alignment of Seventh Avenue right-of-way, but also includes the corrective legal description; and WHEREAS, it is in the public interest to accept the quit claim deed as a corrective legal description of the Seventh Avenue right-of-way which has been tendered to the City by PGA; and WHEREAS, it is in the public interest to release the erroneous legal description in order to remove a cloud on the Craigs' title, and is in the further public interest to dedicate the corrected portion to the public, as now correctly described and as provided by law. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to accept the quit claim deed tendered to the City by PGA as the corrected legal description of a portion of Seventh Avenue right-of-way, and to acknowledge and dedicate this corrected legal description to the public as right-of-way, as by law provided. 2. The City Council finds it in the public interest to release the erroneous right-of-way legal description in order to remove a cloud on the title to the Craigs' property located adjacent to and west of the Seventh Avenue right-of-way. 3. City Council directs the City Clerk to certify this resolution and quit claim deed for recordation in the Johnson County Recorder's Office, together with all attached Exhibits, said recording cost to be paid by Craigs. It was moved- by Larson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Y Courtney x_ Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 9nd day of April 1991. YOR Approved by ATTEST: 4M.7� CITY`CLERK 7thquit.res ,pity Attorney's Office 3-a -7- yj %4 ,j .j rl� vjwrJ •-nl= l.}TS PT. :;- r. IOWASTATEBARASSOCmT10N FOPTNe LEGAL EFFECTof THE USE OtrkW Farrrl Nu 108 eiirE$ FOPY,CONaaLYYDUP IAWYEa SPACE ABOVE MS UNE QUIT CLAIM DEED FOR flECOPOFA For 01e consideration of One ($1.00) ---------------------------------------- Dollar(s)and othervaluable ccnsiderafion, u" Grove Acres, inc. do hereby Quit Claim to the City of Iowa City. Iowa all our right, title, interest estate, claim and demand in the following described real estate In Johnson County Iowa: See attached Exhibit AA This deed is given to correct the right-of-way description appearing in a former deed between the parties hereto, dated August 23, 1977, and recorded on April 25, 1978, in Book 512, Page 150, deed records of Johnson County, Iowa. This instrument is exempt from a transfer tax under Iowa Code Section 428A.2, being a deed given in correction of title. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment her shall be Construed as in thAsirlgular or plural number, and as masculine or feminine gentler, according to the context yrn��ac/PS ��• Dated: .3). / 9 9O • / /� c,., i ///� Sec ///re��� Grantor) TATE OF IOWA, JOHNSON COUNTY, ss: /� // D "' unmis //u day of 19 90 before me, the undersigned, a Notary Public in and for the State of (Aa. personify appeared—Plane �rc/ and �+ VV �u re K v , to me personally known, who being by me duly swom, did say that they are the and 4re5;iq4n4— respectively, of the corporation executing the within nd foregoing Instrument to which this Is attached, that ( no seal has been procured by the) (rise-eeei hyf-the-J —poration; that said instrument was� signed (aYmllvjjsdq on behalf of the Corporation by authority of Its Board of Directors; and that )Sn e and /-�/ Ce '4oftt-, as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the torpor on, by it and by them voluntarily execplao. At T Pmeq SaWumEv.IM Acknowledgment: For use in the case of corporations Notary Public in and for said State. IS�tla,u 5`2.Y W 55G ]B.GN�olbwl FaraeCSips .1996 EXHIBIT AA Commencing at the Center of Section 11, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00°40120"E (A Recorded Bearing) 479.96 feet, along the West Line of the Southwest Quarter, of the Northeast Quarter of said Section 11, to the Southwest Corner of Lot 13, of Windsor Heights, Fifth Addition as recorded in Book 17, at Page 36, of the Records of the Johnson County Recorder's Office; Thence S89°0315611E, along the South Line of said Lot 13, 124.99 feet, to the Southeast Corner of said Lot 13, which is the Point of Beginning; Thence S02°29104"E, 0.10 feet; Thence Southwesterly 50.18 feet, along a 125.00 foot Radius Curve, Concave Northwesterly, whose 50.18 foot Chord Bears S13059106"W; Thence S2562910811W, 57.62 feet; Thence Southwesterly, 52,.59 feet, along a 125.00 foot Radius Curve, Concave Northwesterly, whose 52.20 foot Chord Bears S37°32114"W; Thence S49°35120"W, 70.00 feet; Thence Southwesterly, 7.09 feet, along a 190.33 foot Radius Curve, Concave Southeasterly, whose 7.09 foot Chord Bears S48°31119"W to a Point on said West Line of the Southwest Quarter of the Northeast Quarter of Section 11; Thence S0004012011W, along said West Line, 86.68 feet; Thence Northeasterly, 66.51 feet, along a 140.33 foot Radius Curve, Concave Southeasterly, whose 65.89 foot Chord Bears N36000137"E; Thence N4903512011E, 70.00 feet; Thence Northeasterly 73.62 feet, along a 175.00 foot Radius Curve, Concave Northwesterly, whose 73.08 foot Chord Bears N37032114"E; Thence N25°29108"E, 57.62 feet; Thence Northeasterly 70.25 feet, along a 175.00 foot Radius Curve, Concave Northwesterly whose 69.78 foot Chord Bears N13059106"E; Thence NO2°29104"E, 1.46 feet, to the Southwest Corner of Lot 12 of said Windsor Heights Fifth Addition; Thence N89003156"W, 50.02 feet, to the Point of Beginning. /.4 PV technigraphics 88011 O N O Q L.oT 13 400 aw CoR Soui�l LI�1E LOT 13 Po.D. I I I L, oT f2 N oz.-' 2.9' oa E ',.RPE FRIO 5 89' 03.56"E SI£f i vwFN.Io it 518` I .viu /. 46' /24.99' w, Rt.n7 SO. 02 ' � S OZ' 29'0," W CONE�ESSIOIIAL CORNER FOIXID ^° ti ° o. m CONFiIESSIONAL CORNER. RECOIgO LO T1011 o o - PROPERTY CORNERS FOLK) °ti°p j, ° c � Iowa �y (tr es roEM oD the MARirq) U0 n n m",y,q ------ ,c --' m h •Ob 00' .? Y M1 N 0 ry tibh5 � e e V Ur CG 0C �r x BE OOPNG ST E)yq;LF CLQ p . Q 5 0''i� r-- ROCHESTER AVE. N CONE�ESSIOIIAL CORNER FOIXID ^° ti ° Nbbo' • o b CONFiIESSIONAL CORNER. RECOIgO LO T1011 P..�., b,o9 PROPERTY CORNERS FOLK) °ti°p j, ° c � Iowa (5/0"X30" Iron Pin N/ LS Lap) (tr es roEM oD the MARirq) �+ a ------ ,c --' m - yr O io {n )0 4p GRAPHIC SCALE 1111FEET L E G E N D A N O T E S A. CONE�ESSIOIIAL CORNER FOIXID V. CONCfESS10NAL L R, REESTABLI5IED " CONFiIESSIONAL CORNER. RECOIgO LO T1011 R R. NTTJ PROPERTY CORNERS FOLK) (Type as rote° on tlravinRl C PROPERTY COWERS SEI Iowa (5/0"X30" Iron Pin N/ LS Lap) (tr es roEM oD the MARirq) PROPERTY 9/1 BIXI W LINES ------ SECTION LINES --' NIG)iI-OF-MAY LINES - CENTEREINES y-�-/-/ FENCE LINES R/ FENCE GORIER .ihAal TItN LOT LINES, INTEGRAL - -- LOT LINES, PLATTED OR OY OEm --__--- EASEIENT LINES Me Daft/R"Y On (Ni°Lh A Purpose rote°) (R) RECORDED DINENSIONS (N) NEA L%11D DIMENSION P.0 .6. PAINT OF BEGINNING ALL OISTANCES SITYAR HEREON ARE IN FEET AN) NIAYffpTNS OF FEET, IAVLE5 OTNEWISE NOTLD. x1�1/ic-upm,11�0ni; Corrective Legal Description 50.00 foot Right -of -Way of 7th Avenue Iowa City, Iowa ing at the Ce( -Iter of Section 11, Towns-, -1 7,3 North, Range 5 wHeat of the 5th Principal Meridian; Thence N00°40'20"E (A Recorded Bearing) 479.96 feet, along the West Line of the Southwest Quarter, of the Northeast Quarter of said Section 11, to the Southwest Corner of Lot 13, of Windsor Heights, Fifth Addition as recorded in Book 17, at Page 36, of the Records of the Johnson County Recorder's Office; Thence S89°03'56"E, along the South Line of said Lot 13, 124.99 feet, to the Southeast Corner of said Lot 13, which is the Point of Beginning; Thence S02029'04"W, 0.10 feet; Thence Southwesterly 50.18 feet, along a 125.00 foot Radius Curve, Concave North- westerly, whose 50.18 foot Chord Bears S13°59'06"W; Thence S25029'08"W, 57.62 feet; Thence Southwesterly, 52.59 feet, along a 125.00 foot Radius Curve, Concave Northwesterly, whose 52.20 foot Chord Bears S37°32'14"W; Thence S49035'20"W, 70.00 feet; Thence Southwesterly, 7.09 feet, along a 190.33 foot Radius Curve, Concave Southeasterly, whose 7.09 foot Chord Bears S48031'19"W to a Point on said West Line of the Southwest Quarter of the Northeast Quarter of Section 11; Thence S00040'20"W, along said West Line, 86.68 feet; Thence Northeasterly, 66.51 feet, along a 140.33 foot Radius Curve, Concave Southeasterly, whose 65.89 foot Chord Bears N36000'37"E; Thence N49°35'20"E, 70.00 feet; Thence Northeasterly 73.62 f feet, along a 175.00 foot Radius Curve, Concave Northwesterly, whose 73.08 foot Chord Bears N37°32'14"E; Thence N25029'08"E, 57.62 feet; Thence North- easterly 70.25 feet, along a 175.00 foot Radius Curve, Concave Northwester- ly whose 69.78 foot Chord Bears N13°59'06"E; Thence NO2029'04"E, 1.46 feet, to the Southwest Corner of Lot 12 of said Windsor Heights Fifth Addition; Thence N89003'56"W, 50.02 feet, to the Point of Beginning. CENTER OFSEC710Ni1 T14N-R6W C.T "X" F. - I hereby certify that this Plat and Legal Description was prepared by me, or under my direct personal supervision, and that I am a duly registered Land Surveyor � r under the Laws of the State of Iowa. e, Dean E. Beranek, Reg. No. 10435 Date Subs4ribed nd worn to before me thisj� day Of__._a-kS,_, 1911/j ER L11 R R. NTTJ o t a r ubl c, i and for the State of Iowa My dMIS$CHSIONEITIPT, August29,1993 a/W C 8 +) .ihAal TItN Me Daft/R"Y On U - W' RIGHT- OF -WAY ACQUISITION PLAT MMS Iwa Ck,, CONSULTANTS, Iwa SZM INC. (315) 351 -Un q 11C Ftojecl Titlep50.00 FOOT RIGHT-OF-WAY OF 1", euQna° By Dr°.n Br CIiANIwe sr Aavt°.a° By - AVENUE; IOWA CITY, IOWA MAS L11 Res B k RESOLUTION NO. 91-65 RESOLUTION AUTHORIZING RELEASE OF A PORTION OF A SANITARY SEWER EASEMENT AND APPROVING A SUBSTITUTED SANITARY SEWER EASEMENT, BOTH LOCATED WITHIN IOWA INTERSTATE RAILROAD RIGHT-OF-WAY AT SECOND AVENUE. WHEREAS, the City was granted a twenty foot sanitary sewer easement within the Iowa Interstate Railroad right-of-way on March 5, 1989; and WHEREAS, the easement was recorded in Book 1054, pages 296-298, Johnson County Recorder's Office, Johnson County, Iowa, as described in Exhibit 1; and WHEREAS, the City passed and approved Ordinance No. 89-29 on February 14, 1989, approving construction of the Southeast Interceptor Sewer Project and the City constructed a sanitary sewer within a portion of the easement as part of the Southeast Interceptor Sewer Project; and WHEREAS, the northeasterly ten feet of the easement described in Exhibit 1 and as plotted in Exhibit 3 is unnecessary to the maintenance and operation of the sanitary sewer system; and WHEREAS, the City passed and approved Resolution No. 91-7 on January 8, 1991, approving construction of the Fiscal Year 1991 Sanitary Sewer Improvements Project and a sanitary sewer easement as described in Exhibit 2 and plotted in Exhibit 3 is required for the construction of the Second Avenue Relief Sewer as part of the Fiscal Year 1991 Sanitary Sewer Improvements Project; and WHEREAS, Hawkeye Land Company has agreed to grant the required easement described in Exhibit 2 in consideration of the release of the obsolete portion of the easement described in Exhibit 1; and WHEREAS, the Director of Public Works recommends the release and abandonment of the above-described unnecessary easement, and the approval of the substituted easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the northeasterly ten feet of the easement described in Exhibit 1; and 2. The Easement Grant, attached hereto and made a part hereof by this reference, is hereby approved and accepted; and 3. The City Clerk is authorized and directed to cause a certified copy hereof to be filed in the Office of the.Johnson County Recorder. `5 Resolution No. 91-65 Page 2 It was moved by Novick and seconded by Courtney adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 2nd day of n April '1991. ," / Approved by ATTEST: Lf (a „i 7+ • -Jya J C LERK City Attorney's Office3� vq/ pweng\2ndAve.res SECCND AVENUE - SANITARY SEWt.t CROSSINC2, A 20.00 Foot Wide Permanent ..Sewer Easement Conuencing at a Standard Concrete rbnument found at the Southeast Corner of the SE 1/4 of Section 14 - T 79 N - R 6 W of the 5th P.M., in the City of Iowa City; Thence N 14 38' 40" W, along the East line of said SE 1/4 of Section 14, 842.19 feet; Thence N 63° 27' 10" W (an assumed bearing for the purposes of this description only) along the Southerly right-of-way line of the Chicago, Rock Island & Pacific Railroad Co.*, 275.82 feet; all of the above is in accordance with the unrecorded Final Plat of Mall Drive Subdivision prepared by M.M.S. Consultants, Inc. and dated September 6, 1985; Thence N 63° 27' 10" W•- 261.00 feet along the said Southwesterly right-of-way line to the Point of Beginning of a 20.00 foot wide easement, being 10.00 feet on each side of the following centerline; Thence N 260 32' 50" E - 100.60 feet to the Northpasterly right-of-way line of said railroad, said centerline intersects with said railroad centerline at approximate Railroad Milepost 235.17+. End of this description. * Present Property Owner: Heartland Rail Corp. Railroad. Presently Leased to Iowa Interstate Railroad. VOL 105L1 PAST 296 (45 Exhibit 2 DESCRIPTION OF PERMANENT EASEMENT Commencing at a point which is the southwest corner of Block 10 in the East Iowa City Addition to Iowa City, Iowa, said point lying on the northerly right-of-way line of the Iowa Interstate Railroad, 541 feet west and 50 feet north of railroad mile marker #235; thence northwesterly 12 feet along said northerly right-of-way line of the Iowa Interstate Railroad to a point, said point being the Point of Beginning; thence northwesterly 20 feet along said right-of-way line; thence S 26° 32' 50" W - 10 feet to the northerly line of a 20 -foot wide Permanent Maintenance Easement as recorded in Book 1093, Pages 369 to 373, at the Johnson County Recorder's Office, Johnson County, Iowa; thence southeasterly 20 feet along the north line of said Maintenance Easement, thence N 26° 32' 50" E - 10 feet to the Point of Beginning. DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Commencing at a point which is the southwest corner of Block 10 in'the East Iowa City Addition to Iowa City, Iowa, said point lying on the northerly right-of-way line of the Iowa Interstate Railroad, 541 feet west and 50 feet north of railroad mile marker #235; thence northwesterly 2 feet along said northerly right-of-way line of the Iowa Interstate Railroad to a point, said point being the Point of Beginning; thence northwesterly along,said railroad right-of-way line to a point of intersection with the east line of a 20 -foot wide Permanent Maintenance Easement as recorded in Book 1054, Pages 296 to 298, at the Johnson County Recorder's Office, Johnson County, Iowa; thence southwesterly 40 feet along the east line of said Maintenance Easement to a point which lies 40 feet southwest of said railroad right-of-way line; thence southeasterly along a line which lies parallel to and 40 feet southwest of said railroad right-of-way line to a point which lies 16 feet east of the centerline of Second Avenue extended; thence northeasterly to the Point of Beginning. C:\PROJECTS\FY9ISWR\EASEMENT 6s l NORTH SCALE: V=50' 3 j 4 'v Q N y C3 0 -SOUTHWEST CORNER, BLOCK 10, tj ..EAST IOWA CITY ADDITION = N N 541' WEST AND 50' NORTH OF MILE cy' n MARKER #235, IOWA INTERSTATE R. R. "XISTING 20' SANITARY SEWER EASEMENT \FFR F sr'4T PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED PERMANENT EASEMENT EXISTING 20' SANITARY SEWER EASEMENT, RECORDED IN BOOK 1054, PAGES 296-298, JOHNSON CO. RECORDER'S OFFICE NORTHEASTERLY 10' TO BE VACATED PLAT OF PROPOSED EASEMENTS FOR 2nd AVENUE RELIEF SEWER ON IOWA INTERSTATE RAILROAD RIGHT -OF -NAY LAIIIYIL J ito] b5 References to "Grantor" herein shall be modified as appropriate to confer rights of "Grantor" on Iowa Interstate Railroad and Heartland, Inc. and, in particular, the easement shall expressly grant Iowa Interstate Railroad and Heartland, Inc. and their respective successors and assigns the rights to enforce the covenants and benefit from the indemnities of the "Grantee". EASEMENT GRANT KNOW ALL MEN BY THESE PRESENTS: That Hawkeye Land Co., "Grantor", and pursuant to every other power and authority to him pertaining; in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) and other good and valuable cdnsideration in hand paid, does hereby grant, convey and quitclaim unto City of Iowa City "Grantee", an easement for pipeline purposes, and no other purpose, in the county of Johnson, State of Iowa, along the course indicated in hatched lines on the print attached hereto marked Exhibit "A", and by reference made a part hereof, legally described on Exhibit "B" attached hereto and by reference made a part hereof. Grantee's use of the property herein described is made subject to the following terms and conditions which are deemed covenants and shall run with the land: 1. The pipeline, when constructed, or if and when the existing pipe shall be replaced, shall be constructed of Extra Strength Vitrified Clay Pipe where it passes beneath the tracks of the Grantor, and across the Grantor's property, and it shall not be more than 10 inches in diameter, inside measurement. Said pipe shall be laid at a substantially uniform grade entirely across the property of the Grantor, and the top of pipe shall not be less than 12 feet below the base of the rail of any tracks, or at any point hereto. 2. Grantor shall permit Grantee reasonable right of entry for the purpose of constructing, replacing, repairing, maintaining and operating said pipeline. 3. Grantee shall pay the entire cost of constructing, replacing, repairing, maintaining and operating said pipeline. All of said work shall be done in a good and workmanlike manner and in accordance with the plans, specifications and profiles, specifically including date of commencement of work, to be prepared by Grantee and submitted in writing for approval to Grantor; and, except in emergencies, until such approval is first had, and such approval shall not be unreasonably withheld, said work upon Grantor's premises shall not be begun by Grantee. Grantor reserves the right to have a representative present, but in no way waives any rights under this easement agreement by failing to have said representative present. 4. Grantor shall have the right to retain existing tracks and other improvements at the location of this easement and shall also have the right at any and all times in the future to construct, maintain and operate over said easement such additional track, tracks and other improvements as he may from time to time elect. Nothing shall be done or suffered to be done by Grantee that will in any manner impair the usefulness or safety of the existing tracks and other improvements of the Grantor or of such track, tracks and other improvements as Grantor may construct in the future across or above said easement. The Grantor reserves the right to grant future easements under, over, across or parallel with the above-described premises. 5. Grantee agrees that before and during the construction, replacement, repair, maintenance or operation of said pipeline, or at any other time, Grantor shall have the right to provide such safe and temporary structures as he may deem necessary for safety, caring for and preserving his tracks, buildings or other improvements, and Grantee agrees to pay to Grantor the entire cost of putting in and removing such temporary structures and of restoring the property of Grantor as near as may be to the same condition in which it was before the commencement of the work. 6. Grantee agrees that if, at anytime, Grantor shall change the location or grade of his tracks at any point of crossing or at any point along a parallel course for any purpose whatever, Grantee, at its own expense shall make all changes required by Grantor. If Grantee shall fail, neglect or refuse to make such change for a period of thirty (30) days after receiving written notice form Grantor, then Grantor may forthwith make such change at Grantee's expense. 7. Grantee shall at all times construct, replace, repair, maintain and operate said pipeline in a secure, safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and regulations and shall pay promptly when due all taxes levied or assessed upon Grantee or upon Grantee's use and enjoyment of the rights granted herein including income derived therefrom. If the manner of constructing, replacing, repairing, maintaining and operating said pipeline shall at anytime ho m v,nh.:nn nr en.. n....l:rn Lln I"... ..,lo .nn,. �...:....... ....I :...,....e •6 e., n_.......,...�..n _• __ ___• __ expense to Grantor, upon receipt of appropriate notice from a governmental agency having enforcement jurisdiction in the premises make such changes or repairs as shall be necessary. Failure or refusal of Grantee to make the required changes or repairs within the time prescribed by said agency or to make timely payment of taxes shall terminate this easement, provided that it shall not terminate as long as Grantee in good faith and by pursuit of appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid the enforcement of said laws, ordinances, rules, regulations or taxes. 8. Grantee agrees that it will at all times defend, indemnify and hold harmless the Grantor, his tenants, agents and employees, against all claims, demands, actions and cause of actions, including, but not limited to, judgments, settlements, attorneys' fees and court costs in connection therewith, arising or growing out of loss or damage to property or injury to or death of any persons resulting in any manner from said pipeline, (irrespective of whether any act or omission to act by Grantor, his tenants, agents or employees, shall cause or contribute thereto, and shall promptly pay to the Grantor the full amount of any loss or damage which the Grantor may sustain, incur or become liable for, and all sums which the Grantor may pay or be compelled to pay in settlement of any claim on account thereof). 9. All rights and interest to said property shall revert to Grantor if Grantee vacates, abandons or ceases to use said easement with the intent to permanently vacate, abandon or cease to use said easement. Upon such permanent abandonment, Grantee, at its own expense, shall remove its improvements and restore said easement premises to their original condition. 10. Notwithstanding anything to the contrary herein, the Grantor shall in no event incur liability to Grantee for the failure of or defect in the title or estate of the Grantor in and to the real estate over, under or along which the above-described easement lies. 11. The grants, covenants and stipulations hereof shall extend to and be binding upon the respective successors and assigns of the parties hereto, including Iowa Interstate Railroad and Heartland, Inc. and subsequent owners of the real estate burdened with this easement. 12. Each of the parties hereto agree to execute and deliver unto the other all such documents as may be necessary or appropriate for the effectuation, of the provision and intent of this agreement. IN WITNESS WHEREOF, this instrument is executed this o2OT4 day of Mar -1, '1991. HAWKEYE LAND.CO BY:pzzis;�� RICK STICKLE, PRESIDENT STATE OF IOWA ) ) ss. COUNTY OF LINN ) On this 21st day of March, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Stickle, to me personally known, who being by me duly sworn, did say that he is the President of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Rick Stickle as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. NOTARY PUBLIC IN AND FOR SAID STATE . �P THIS EXHIBIT IS A REPRESENTA- TION OF THE PREMISES PRO- POSED TO BE*CONVEYED. THIS EXHIBIT IS NOT A SURVEY. NAWKMMNDC& Rm 60R 536 CEDAR RAPID& MW OWN 3+9-365• s Na., AD _:;Z _ MAP., Ss w "r9- seAaE = o0 ACRES 60. R. DATE Marc{, 2D. icielI J2L2�� l MGn 7 on �C -%b w ;� W 4 THIS EXHIBIT IS A REPRESENTA- TION OF THE PREMISES PRO- POSED TO BE*CONVEYED. THIS EXHIBIT IS NOT A SURVEY. NAWKMMNDC& Rm 60R 536 CEDAR RAPID& MW OWN 3+9-365• s Na., AD _:;Z _ MAP., Ss w "r9- seAaE = o0 ACRES 60. R. DATE Marc{, 2D. icielI XHIBIT "B" DESCRIPTION OF PERMANENT EASEMENT Commencing at a point which is the southwest corner of Block 10 in the East Iowa City Addition to Iowa City, Iowa, said point lying on the northerly right-of-way line of the Iowa Interstate Railroad, 541 feet west and 50 feet north of railroad mile marker #235; thence northwesterly 12 feet along said northerly right-of-way line of the Iowa Interstate Railroad to a point, said point being the Point of Beginning; thence northwesterly 20 feet along said right-of-way line; thence S 261 32' 50" W - 10 feet to the northerly line of a 20 -foot wide Permanent Maintenance Easement as recorded in Book 1093, Pages 369 to 373, at the Johnson County Recorder's Office, Johnson County, Iowa; thence southeasterly, 20 feet along the north line of said Maintenance Easement, thence N 260 32' 50" E - 10 feet to the Point of Beginning. DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Commencing at a point which is the southwest corner of Block 10 in the East Iowa City Addition to Iowa City, Iowa, said point lying on the northerly right-of-way line of the Iowa Interstate Railroad, 541 feet west and 50 feet north of railroad mile marker #235; thence northwesterly 2 feet along said northerly right-of-way line of the Iowa Interstate Railroad to a point, said point being the Point of Beginning; thence northwesterly along said railroad right-of-way line to a point of intersection with the east line of a 20 -foot wide Permanent Maintenance Easement as recorded in Book 1054, Pages 296 to 298, at the Johnson County Recorder's Office, Johnson County, Iowa; thence southwesterly 40 feet along the east line of said Maintenance Easement to a point which lies 40 feet southwest of said railrobd right-of-way line; thence southeasterly along a line which lies parallel to and 40 feet southwest of said railroad right-of-way line to a point which lies 16 feet east of the centerline of Second Avenue extended; thence northeasterly to the Point of Beginning. File ": 91-0379 ?Bile Post: 235+510' to 235 + 549' E.P.S.: 12416+50.3 to 12416+89.3 Location: Iowa City, IA - Johnson County C:\PR0JECTS\FY9ISWR\EA5EMENT N RESOLUTION NO. 91-66 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF PARK ROAD BRIDGE PIER PROTECTION PROJECT. WHEREAS, J.F. Brennan Co., Inc. of LaCrosse, Wisconsin has submitted the best bid of $99,764.98 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to J.F. Brennan Co., Inc. of LaCrosse, Wisconsin subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Courtney and seconded by T.a...., that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 2nd Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of April , 1991. ATTEST: a uv 7C • 4 u� 'o' 0"� CITY CLERK MAYOR APPROVED AS TO FORM C:::"C'ty Attorney's Office .5 a -)-.f/ NIT RESOLUTION NO. 91-67 RESOLUTION AUTHORIZING EXECUTION OF A SANITARY SEWER EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with The University of Iowa, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the University of Iowa to acquire sanitary sewer easement. _ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1.That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the University of Iowa. 2.That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Larson and seconded by Novick that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney K4 Horowitz Kubby Larson McDonald Novick Passed and approved this 9,1 day of Anril 1991. , 1Z&,/ , APP OVED AS TO FORM AYOR 'J Cit Attorney's Office ATTEST: �A J -7 3 -ate y CITY 'CLERK 0 EASEMENT AGREEMENT BETWEEN THE STATE BOARD OF REGENTS AND THE CITY OF IOWA CITY, IOWA This agreement is entered into this day of March, 1991, by and between the Iowa State Board of Regents for the use and benefit of the State University of Iowa (hereinafter referred to as "University") and the City of Iowa City, Iowa (hereinafter referred to as "City"). WHEREAS, University is the owner of certain real estate property situated within Iowa City and within which property is located a University sewer line and City lift station; and WHEREAS, the sewer line and lift station were constructed within University property to facilitate sewer service to University of Iowa facilities; and WHEREAS, City desires to construct and install within University property a sewer lift station and sewer lines, and to connect them with the existing sewer lines and lift station; and WHEREAS, City's installation of said sewer lines and lift station will benefit University by providing for University's future connection to said sewer lines and lift station with no assessment of tap -on or other hook-up fees to University; and WHEREAS, this agreement is entered into to establish said easement and set forth the permitted uses thereof. NOW, THEREFORE, the University, for good and valuable consideration, hereby grants to the City a non-exclusive easement subject to the terms, covenants and conditions to wit: (07 2 Location: The easement granted herein shall be located upon and limited to the tracts described and shown on the map marked Exhibit A, attached hereto and made a part hereof. 2. Use: Said easement shall be used by City to construct, install, own, operate and maintain public sewer lines and lift station, and to connect same to the existing University sewer line which hereafter shall be owned, operated and maintained by the City as part of the public sewer system. 3. Access: City's entrance upon the University's premises for access to the easement shall be over reasonable routes designated by the officials of the University, and any parts of said premises damaged in the course thereof shall be repaired, replaced or restored by the City within a reasonable period of time to substantially the same condition as it was in prior to City's entrance. During the period of construction only, encroachment over an adjoining 20 feet beyond and on either side of the boundaries of the easement may be used by City if necessary. 4. Excavation: All ditches, trenches and other excavations shall be firmly filled and maintained in such a manner as to present no hazard or obstacle to University's use of the premises for other purposes. 5. Utility Crossings: All crossings of existing water lines, heating tunnels, or other existing facilities shall be according to specifications and details of the engineer or other official of the University in charge of such installations, and the University shall have the right to construct any such utilities across or through the easement tract in such manner as not 0 3 to unreasonably interfere with City's present or future exercise of its rights granted herein. The University shall give written notice to the City at least 30 days prior to the installation of any such utilities. 6. Uabili : City covenants to indemnify and save the University, the State of Iowa and their tenants, employees, officials, guests and invitees. lawfully using said premises, harmless from any and all damages arising from the City's use of the premises under the rights herein granted, except such as may be due to unavoidable casualty beyond the City's control and without its fault or such as City may be exempt from under the laws of Iowa. Damages to crops, fences or other property of the University, the State of Iowa, and its tenants during original construction and subsequent maintenance, repair and use of the premises under this easement shall be repaired, replaced, restored or compensated for by the City within a reasonable period of time. 7. Rights Reserved: University reserves the right to full use of said premises for any purpose it sees fit which does not interfere with City's rights herein granted. University may not erect buildings or other structures on the easement area. 8. Consideration: It is agreed and understood that the consideration for this easement is that the University shall have the right to connect to the sewer line at any future time with no assessment of tap -on or other hook-up fees of any kind. User charges shall not be affected in any way by this section. 0 4 9. Duration: This easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the purposes herein described. Whenever said purpose and use shall cease or terminate, all rights granted herein shall terminate and V revert to the University and City, at University's option, may be required to abandon said lines. 10. Assignment Prohibited: This grant is to the City only and cannot be assigned in whole or in part to any other party without written consent of the University which shall not be unreasonably withheld. Each and all of the above terms, covenants and conditions are of the essence hereof and the City, by accepting this instrument, covenants to comply and perform as so specified; the City's failure to do so shall entitle the University to terminate all rights hereunder by serving a written notice upon the City specifying its defaults, and if the City fails to fully comply as obligated herein within a reasonable period of time after said notice, all of its rights, title and interest hereunder shall cease and terminate and the University shall be entitled to full possession of the premises. IN WITNESS WHEREOF, the parties have executed this instrument by their lawfully designated officials as of the date first written above. M CITY OF IOWA CITY, IOWA Attest:. City STATE BOARD OF REGENTS By: Wayne Ri ey Executive rector ).a�K 125 i = 82 47 STATE EXECUTIVE COUNCIL 1 011 VIVA VA bo.0-1 MON. am Acknowledgement of the State Board of Regents STATE OF IOWA ) SS: COUNTY OF ) On this ay of�—! it it C i A.D.196, before me, a Notary Public in and for said county, personally appeared R. Wayne Richey, to me personally known, who being by me duly sworn, did say that he is Executive Director of the State Board of Regents and who was authorized to execute the foregoing instrument to which this acknowledgement is attached by vote of the Board of Regents and acknowledged the execution of said instrument to be his voluntary act and deed and the voluntary act and deed of the Iowa State Board of Regents. Acknowledgement of the Executive Council STATE OF IOWA ) SS: COUNTY OF ) On this � day of A.D. 19 r/, before me, a Notary Public, personally appeare olda� Is, Secretary of the Executive Council of Iowa, to me personally known and who by me my sworn did say that she is Secretary of the Executive Council, and who is authorized to execute the foregoing instrument to which this acknowledge- ment is attached by vote of the Executive Council of Iowa at its meeting on 19��, and who acknowledged the execution of said instrument to be her lu act and deed and the voluntary act and deed of the Executive Council. " "Alm` / V N 6 �� VVry NotaTV Publii i and for IState IM125i 83 67 M Acknowledgement of the City of Iowa City STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 12 '" day of ` , 1991 before me, Sa, d oz Pat& a otary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (erdinan e) (Resolution) No. I I - 617 passed (the Resolution adopted) by the City Council, under Roll Call No. - - - — of the City Council on the Z nd day of jn; t 19 _5_L_, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sa„&':V V-aw� Notary Public in and for said State pwadmin\regents.esm (07 MMS CONSULTANTS, INC. 465 Hwy. #1 West IOWA CITY, IOWA 52240 (3119`) 35y11.8282 TO C 1 �-r a i ,Lcn vet CI WE ARE SENDING YOU CrIttached ❑ Under separate cover via_ ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LIEUMEM OF 4MMOMOOUML oATE I- — / S '-I Jo�— ATTENTION I a r 101 !A r RE: Sam; m. Se.,,-Zr F7-x5e c p r•F UvCS Sd i wC. V S C' %fDESCRIPTION Ifl (A eVwtAhe Sqh^ ✓ following items: ❑ Samples ❑ Specifications COPIES DATE NO. Z Z`Z %fDESCRIPTION Ifl (A eVwtAhe Sqh^ ✓ e 1� THESE ARE TRANSMITTED as checked below: ❑ Fo approval For ur use Ws requested ❑ For review and comment ❑ FOR BIDS DUE COPY IOOnEi 1103 ® l aa. r 01471 ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 9 ❑ PRINTS RETURNED AFTER LOAN TO US �3�w SIGNED: it encloll an, not a noted, kindly nOtity ue rt once. - O -e ti h, s J 3� RESOLUTION NO. 91-68 WHEREAS, the City of Iowa City, pursuant to state laws, is responsible for the care, supervision and control of streets, sidewalks, alleys, and other public grounds; and WHEREAS, Mercy Hospital, Iowa City, Iowa (Mercy Hospital) and Mercy Facilities, Inc. (Mercy Facilities) desire to install and maintain signs in and about the City of Iowa City, Iowa, that will be part of a system of signage which will aid drivers unfamiliar with the City of Iowa City in locating Mercy Hospital and Mercy Medical Plaza; and WHEREAS, the City Council deems that such directional signage is in the best interest of the community and passed Resolution No. 84-130 on June 5, 1984; and WHEREAS, Mercy Hospital and Mercy Facilities desire to add additional directional signage to assist drivers in locating Mercy Hospital and Mercy Medical Plaza; and WHEREAS, Mercy Hospital and Mercy Facilities have requested authorization to locate additional signs in the city street right-of-way; and WHEREAS, Mercy Hospital and Mercy Facilities have agreed to hold the City harmless from and against any damages, cost or liability which the City may incur as a result of the location of the signs on public right-of-way. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That subject to the execution of the Indemnity Agreement described below, Mercy Hospital and Mercy Facilities are authorized to install and maintain private traffic directional signs in addition to those authorized by Resolution 84-130 dated June 5, 1984, in the public right-of-way location shown on the exterior sign locations plot, prepared by Marshall Erdman and Associates and ASI sign systems dated February 28 , 1991, a copy of which is on file in the office of the City Traffic Engineer. 2. That the Mayor is authorized to sign and the City Clerk to attest an Indemnity Agreement, a copy attached hereto. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: Larson the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Resolution No. 91-68 Page 2 Passed and approved this 2nd day of April 1991, YOR Approved ATTEST: CIT ? -CLERK %signage.res City Attorney's Office 032591 INDEMNITY AGREEMENT THIS AGREEMENT made and entered into as of the 2nd day of April , 1991, by and between Mercy Hospital, Iowa City, Iowa (Mercy Hospital) and Mercy Facilities, Inc. (Mercy Facilities) and the City of Iowa City, Iowa, a municipal corporation (City); WHEREAS, the City is responsible for the care, supervision and control on public grounds, streets, sidewalks and alleys within the City (Public Property); and WHEREAS, Mercy Hospital and Mercy Facilities desire to add additional signage to signage approved by Resolution 84-130 dated June 5, 1984, in, on or about public property to assist persons in locating and using their facilities; and WHEREAS, the City Council of Iowa City by Resolution No. 91-68 has authorized Mercy Hospital and Mercy Facilities to locate additional signs on Public Property if Mercy Hospital and Mercy Facilities indemnify the City from liability which may arise by Mercy Hospital's and Mercy Facilities' use of Public Property. NOW, THEREFORE, the parties agree as follows: 1. The City agrees that Mercy Hospital and Mercy Facilities may place signs at locations authorized by Resolution No. 84-130 dated June 5, 1984 and Resolution No. 91_68 dated April 2. 1991 . None of such signs may be moved to another location without prior consent of the City Council of Iowa City. 2. Mercy Hospital and Mercy Facilities both agree that all authorized signs shall, at all times, be maintained in good condition at Mercy Hospital's and Mercy Facilities' cost and expense. 3. Mercy Hospital and Mercy Facilities each hereby agree to be responsible for, and to indemnify, hold harmless and defend the City from and against any and all claims, damages, costs and expenses including attorney fees, which may arise from or be related to Mercy Hospital's or Mercy Facilities' use of Public Property for their signs. 4. Parties agree that in the event the signs and/or sign locations are deemed by the City to be a hazard or create substantial public safety concerns, the City may request removal of the signs, as provided in Sections 364.12 (2)(e) and (3), Code of Iowa 1991. RE 032591 5. This Agreement shall inure to the benefit of the parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the parties Indemnity Agreement to be executed as of the day and date first above written. ATTEST: ATTEST: CITY OF IOWA CITY, IOWA By:" City ClerkJohn McDonald Mavor �{ Secretary ATTEST: � Secretary -2- ME IOd 0 Executive Vice President MERCY FACILITIES, INC. By:,lQ�--- Richard C. reon President 10 �es BV-- RESOLUTION � RESOLUTION NO. 91-69 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ACC RESURFACING OF IOWA 1 (DODGE STREET) WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa Department of Transportation, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for ACC Resurfacing of Iowa 1 (Dodge Street). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1.That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Iowa Department of Transportation. 2.That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Novick that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 2nd day of April 1991. YOR APP OVE AS TO FORM C/i:K�i% 4 Ci Attorney's Office l/ ATTEST: CI Y`CLERK 3-a� 9/ I',- N PRECONSTRUCTION AGREEMENT County Johnson City Iowa Project No. FN -1-5(49)--21-52 Iowa DOT Agreement No. 91-4-157 IT IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT), Highway Division and the City of Iowa City in Johnson County, Iowa, (herein CITY) as follows: 1. The CITY proposes to design,.let, construct and inspect a project for reconstruction of Iowa 1 (Dodge Street) within the CITY from North Dubuque Road to Burlington Street (approximately 1.5 miles). The roadway will be milled (1 1/2 inches between North Dubuque Road and Prairie Du Chien Road and 3 inches between Prairie Du Chien Road and Burlington Street) and A.C.C. resurfacing (1 1/2 inches and 3 inches, respectively) will be provided. as replacement. The old A.C.C. which is scheduled for milling will be eligible for recycling into the new resurfacing mix. Pavement repairs will also be accomplished including replacement of 29 intakes, full -depth patches, partial -depth patches, curb and gutter and cleaning and sealing joints. 2. The CITY 'will develop and construct the project in accordance with the following guidelines: A. The CITY will administer the project and will be designated as the Contract Authority. B. The DOT will reimburse the CITY approximately $473,000 from the Primary Road Fund for construction of eligible items on the above referenced improvement (see Section 1 above). Total reimbursement will be based on contract bid prices and actual quantities placed (see Exhibit A attached). C. DOT specifications shall be used in the construction of this project. D. The CITY must secure DOT approval of project plans prior to advertising for bids. M E. The CITY must secure DOT approval in the award of the construction contract. F. The CITY shall include proposed staging information in the project plans to be approved by the DOT at the time of plan review. G. The CITY shall use positive efforts to solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as contractors and ensure that the contractors make positive efforts to utliize these enterprises as subcontractors, suppliers or participants in the work covered by this application. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference is made a part of this Agreement. H. Construction of the project by the CITY shall be conducted in such a way that disruption of primary road traffic will be held to a minimum. 3. Any costs incurred by the CITY in performing its obligations hereunder shall be borne exclusively by the CITY without reimbursement by the DOT. Subject to the approval of and without expense to the DOT, the CITY shall perform (or cause to be performed), all relocations, alterations, adjustments, or removals of utility facilities, including but not limited to power, telephone and telegraph lines, cable television lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project all in accordance with the Utility Accommodation Policy.of the DOT. The CITY, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree: (1) that no person on the ground of age, creed, race, color, handicap, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that no person on the ground of age, creed, race, color, handicap, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the construction of any improvements on, over or under such land and the furnishing of services thereon, (3) that the CITY shall use the premises in compliance with �D all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended, and Title 23 U.S. Code Section 324, Prohibition of Discrimination on the basis of sex. 6. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 7. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original. 8. This Agreement as set forth in paragraphs 1 through 8 herein (inclusive) represents the entire Agreement between the CITY and DOT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. 0 4 County. Johnson Project No. FN -1-5(49)--21-52 IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction Agreement No. 91-4-157 as of the date shown opposite its signature below. City f Iowa Cit B. April 2 19 91 T' le Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that John McDonald , Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same on the 2nd day of April , 19 91 IOWA DEP RT1ENT OANSPO T BY eorge F. Sisson, P.E. Deputy Director -Development Highway Division ATTEST: Signed !�lO,c.vci ri". &,,J City Clerk -of -Iowa City, Iowa April 2 , 19 9.1 4/13 , 1991 Date 617 \ASPHALT\DODGEST DODGE STREET ASPHALT OVERLAY Feb 19, 1991 TOTAL I LEVELING COURSE, TYPE A (1/2' MIX) TONS 2085 $38.00 ;79,230.00 $79,230.00 2 SURFACE COURSE, TYPE A (1/2' MIX) TONS 2545 38.00 96,710.00 96,710.00 3 TACK COAT GAL 1525 1.20 1,830.00 11830.00 4 ASPRALT.RRMOVAL SQ YD 540 7.00 3,780.00 $350.00 3,430.00 5 MANHOLE ADJUSTMENT RACE 29 300.00 8,700.00 8,700.00 6 CATCH BASIN ADJUSTMENT RACE 6 350.00 2,100.00 2,100.00 7 INTAKE, RA -3 EACH 12 1500.00 16,000.00 18,000.00 8 IBTAIR, RA -5 EACH 17 1500.00 25,500.00 25,500.00 9 CURB REPAIR LIN FY 1050 17.00 17,850.00 17,850.00 10 ASPHALT GRINDING SQ YD 29880 2.75 82,170.00 82,170.00 11 PORTLAND CREEK? CONCRETE REPAIR SQ YD 100 75.00 7,500.00 7,500.00 12 APSHALT CEMENT CONCRETE REPAIR SQ YD 2472 75.00 185,400.00 3,750.00 161,650.00 13 PCC CRACK A JOINT CLEARING A SEALING LIN FT 250 2.00 500.00 500.00 14 PAVEMENT MARKING STA 61 150.00 9,150.00 9,150.00 15 FLONABLE MORTAR CY YD 12 60.00 720.00 720.00 16 16' DIA RCP CLASS III STORM SEVER LIN FT 41 28.00 1,148.00 1,148.00 TOTAL $540,288.00 $67,318.00 $472,970.00 401 EXHIBIT A EXHIBIT B UTILIZATION OF MINORITY, WOMEN, AND/OR DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS In accordance with Iowa Code Section 19B.7 and Iowa Administrative Rule 541 --Chapter 4, it is the policy of the DOT that Minority, Women and Disadvantaged Business Enterprises (MBE/WBE/DBEs) shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or in part with state funds. Under this policy it is the responsibility of Cities receiving state funds to help finance projects to make a positive effort to solicit bids from and to utilize MBE/WBE/DBEs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The City's "positive efforts" should include, but not be limited to: 1. Obtaining the names of qualified MBE/WBE/DBE contractors from the DOT's Office of Contracts and/or seek these contractors through advertising in.general-circulation, trade association or minority -focused media. The Office of Contracts and the Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify "for MBE/WBE/DBE designation. 2. Notifying qualified MBE/WBE/DBEs of proposed projects involving State assisted funding. Notification should be made in sufficient time to allow the MBE/WBE/DBEs to participate effectively in the bidding process. 3. Soliciting bids from qualified MBE/WBE/DBEs on each project, and identifying for MBE/WBE/DBEs the availability of subcontract work. 4. Including in the bid proposals for State assisted projects, the "Contract Provisions for Specific Affirmative Action Responsibilities on Non -Federal Aid Projects (for Third -Party State Assisted projects)", or a similiar specification developed by the recipient. 5. Ensuring that the awarded contractor has and shall follow the contract provisions. The City is encouraged to establish goals, set -asides or percentages to achieve MBE/WBE/DBE participation in these projects. Contract goals may vary depending on the type of project, the project's sub -contractable items, the type of service or supplies needed for the project, and the availability of qualified MBE/WBE/DBEs in the area. N The City shall agree to provide the DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any MSE/WBE/DBEs. Such documentation can be used to demonstrate the City's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established MBE/WBE/DBE goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by qualified MBE/WBE/DBEs for the project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the DOT's Contact person. N COUNTY: CITY: CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF MINORITY, WOMEN, AND DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS PROJECT NUMBER: AGREEMENT NUMBER: 1. Were qualified MBE/WBE/DBE names obtained from Iowa DOT's Office of Contracts? YES NO If no, why not? 2. Were qualified MBE/WBE/DBEs notified of project? YES NO If yes, by letter _, telephone _, personal contact 3 If no, why not? Were bids solicited from qualified MBE/WBE/DBE's? YES NO Project Engineer Date (61 If no, why not? 4. Was a goal, set-aside or percentage established for MBE/WBE/DBE participation? YES NO If yes, what was the goal or percentage? If no, why not? 5. Did the prime contractor use positive efforts to utilize MBE/WBE/DBE's on subcontracts? YES NO If no, what action was taken by City? Is documentation in files? YES NO 6. What was the dollar amount reimbursed to the City by the DOT? $ What was the final project cost? $ What was the dollar amount performed by MBE/WBE/DBE's? $ Was the goal or percentage achieved? YES NO If no, why not? I certify that the City used positive efforts to utilize MBE/WBE/DBE's as participants in this project. Project Engineer Date (61 '5UA-1 �es 16IL RESOLUTION NO. 91-70 RESOLUTION APPROVING FY92, 93, 94, 95, 96 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1991 TO JUNE 30, 1996 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1991 to June 30, 1996, be approved. It was moved by Ambrosco and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Passed and approved this AMBRISCO x COURTNEY HOROWITZ KUBBY LARSON McDONALD NOVICK 16th day of April , 1991, v AYOR ATTEST: 2,J 9{% 77� CITY CLERK APPROVED AS TO FORM 40ty Attorney's Offic� C:\COUNCIL\5YRSTCN.RES 70 13v" �es I3/C. RESOLUTION NO. 91-71 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD ON APRIL 28, 1991. WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful in its efforts; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, on April 28, 1991, 1:00 PM, in Chauncey Swan Park, and that Notice of said sale shall be published in the Iowa City one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Horowitz Ambrisco x Courtney Horowitz Kubby Larson McDonald Novick the Resolution be Passed and approved this 16th day of April 1991 /4010�n /l Appro ed b ATTEST: a 4z- k 2 . dv CITY -CLERK G11fq Attorne s Office �{ ii- f/ bicyde.res 11 �r Q\2s B K RESOLUTION NO. 91-72 RESOLUTION SETTING FORTH THE REASONS FOR THE DENIAL OF THE PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART 4, OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, A&A Coins, Inc., Thomas Wegman and Doris Marchael, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Prairie View Estates, Part 4; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two-mile .extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended denial due to the lack of secondary access available to the subdivision; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be denied due to the lack of secondary access available to the subdivision; and WHEREAS, the City Council has examined the report of the Department of Planning and Program Development, and Planning and Zoning Commission action, and concurs with their recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of Prairie View Estates, Part 4, is hereby denied due to the lack of secondary access available to the subdivision. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: ABSENT: Ambrisco X_ Courtney _ Horowitz _ Kubby _ Larson _ McDonald Novick #1N Resolution No. 91-72 Page 2 Passed and approved this 16th day of Anri1 1991. AYOR Appro ATTEST: 7%7a .mss -t-) C TY LERK City ttorney's Office 011gl \prairie.res 67 RESOLUTION NO. 91-73 RESOLUTION APPROVING THE FINAL PLAT OF FOX HOLLOW SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner and subdivider, Camtess, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Fox Hollow; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two- mile extraterritorial jurisdiction; and WHEREAS, said subdivision is located on the following -described real estate located in Johnson County, Iowa, to -wit: Commencing at the Southwest Corner of the Southeast Quarter of Fractional Section 6, Township 79 North, Range 5 West, of•the 5th Principal Meridian; thence N 00°32'09" W, (A Recorded Bearing) along the West line of said Southeast Quarter of Section 6, 803.50 feet, to the Northwest Comer of Petersen Second Subdivision, Recorded in Plat Book 30, at Page 207, of the Records of the Johnson County Recorder's Office; which is the Point of Beginning of the tract herein described; thence N 00032'09" W, along said West line of the Southeast Quarter of Section 6, 233.27 feet; thence S 8905020" E, 2639.20 feet, to a point of the East line of said Southeast Quarter of Section 6; thence S 00°18'22" E, along said East line, 1026.78 feet, to the Southeast Corner of said Southeast Quarter of Section 6; thence S 89056'41" W, along the South line of said Southeast Quarter, 2068.69 feet, to the Southeast Corner of said Petersen Second Subdivision; thence N 01051'15" W, along the Easterly line of said Subdivision 433.74 feet; thence N 89°27'51" E, along said Easterly line 52.51 feet; thence N 00032'09" W, along said Easterly line, 197.62 feet; thence S 89°27'51" W, along said Easterly line 132.71 feet; thence N 00032'09" W, along said Easterly line, 177.00 feet, to the Northeast Corner of said Subdivision; thence S 89°27'51" W, 476.09 feet, to the Point of Beginning. Said tract of land contains 52.21 acres, more or less, and is subject to easements and restrictions of record. and WHEREAS, a dedication and consent to plat has been made in accordance with the desires of the owners and proprietors; and WHEREAS, said plat and subdivision are found to conform with Chapter 409A, Code of Iowa and all other statutory requirements; and WHEREAS, said plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement are hereby accepted as by law provided. 13 Resolution No. 91-73 Page 2 BE IT FURTHER RESOLVED, that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the final plat. It was moved by Larson and seconded by xubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 16th day of April �y1991. AYOR Appr do: y ATTEST: /"/ � 7�,_j CITY CLERK ppdadm\foxhllow.res IF1 0 1 EEO - April 16 1991 The City Council of Iowa City, Iowa, met in Formal session, in the Council Chambers, Civic Center, 410 E. Washington, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Pro tem Horowitz in the chair, and the following named Council Members: Ambrisco, Courtney, Kubby, Larson, Novick Horowitz Absent: McDonald 3C AHL Eli S. COONEY. OORWEILER, I AYME, SMITH &A LLBEE. U. ATTOPNEYSATL W OESMOINES.IOWA @?*I RES. N0. 91-74 The City Council then proceeded to discuss the matter of calling a special city election. Council Member Courtney introduced the following Resolution entitled "RESOLUTION CALLING A SPECIAL CITY ELECTION", and moved its adoption. Council Member Larson seconded the motion to adopt. The roll was called and the vote was, AYES: Larson, Novick, Ambrisco, Courtney, Horowitz Kubby. ABSENT: McDonald !`JX&F Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION CALLING A SPECIAL CITY ELECTION WHEREAS, the City of Iowa City, Iowa, proposes to contract indebtedness and issue general obligation bonds to provide funds to pay costs of a general corporate purpose project hereinafter described; and WHEREAS, Section 384.26 of the City Code of Iowa, provides that before the Council of a City may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special City election to vote upon the proposition of issuing said bonds in accordance with the provisions of said statute; and WHEREAS, neither the proposal for the issuance of the bonds hereinafter set forth, nor any other proposal incorporating any portion of it, has or will have been submitted to the electors of the City for a period of more than six months prior to the date of election hereinafter provided; and WHEREAS, the Iowa City Press -Citizen, is a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, and is published in said City and of general circulation therein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That there is hereby called a special City election on Tuesday, the 25th day of June , 1991, at which 00C .VH.ER3. GOONEY. DORIIEILER. HAYME. SMITH A ALLBEE. K. ATTOANEYSATI W MSMOINES.IOWA h4 election there shall be submitted to the qualified electors of said City the following question, to -wit: Shal,l the City of Iowa City, Iowa, issue its bonds in an amount not exceeding the amount of $4,900,000 for the purpose of establishing, constructing and equipping a new park and sports complex and the rehabilitation, improvement and equipping of the present Napolean Park?" Section 2. That the voting place or places for said election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the, form of ballot to be used at said election shall be of the type authorized by the Code of Iowa that Will permit the use of electronic counters and will be in substantially the form set forth in the NotIce of Election. That, if more than one public measure shall be submitted to the electors at the time of the said election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precinct or Precincts shall be appointed by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of said City. Section 5. That the Auditor of Johnson County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the notice of election once in the Iowa City Press -Citizen, being a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal conduct of said election. The Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said election legal and valid. Section 7. That the Clerk is hereby directed to file a certified copy of this Resolution in the office of the County Commissioner of Elections, which filing shall also constitute the "written notice" to the County Commissioner of Elections of the election date required to be given by the governing body under the provisions of Chapter 47 of the Code of Iowa. -3- AHLEB3. C&)NEY. BOH11'EILEB. HAISIE. VHTH A ALLBEE P.C. ATTOItNEYSAT"W OESMOMES.I PASSED AND APPROVED, this 16th day of April , 1991. I� Mayor Pro tem ATTEST: �CCiblQix% 4. Clerk c10714023=04091132 -4- ARLEN�. (:i)().\ Ey. Ie)NICEIL« A11]IE. SNRH & ALI.BEE. PC ATMRNE SPT{ A MSMdNE5.9 rN CIG -3 2-91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached -is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. , WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of April , 1991". SEAL c10714023=04091130 Cit Clerk, Iowa City, Iowa .1HLERS. COONEY. DORWEILER. HAYNIE. SMUH m.U.LBEE. P.G ATTORNE SATL OESMOINES.IOWA 47 4( L> RESOLUTION NO. 9i -7s RESOLUTION AUTHORIZING EXECUTION OFAMENDMENT#4TO CONSOLI- DATED ANNUAL CONTRIBUTIONS CONTRACT KC -9033E. WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter Into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution' shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Larson and seconded by Amhri srn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick 76 Resolution No. 91-75 Page 2 Passed and approved this 16th day of ATTEST: !lana x ) -A"' e J CITY CLERK hisassftanifts.res 1991. MAYOR F.o tc.l Approved by UGy Attorne s Office Y /0-9/ 75 Amendment No. 4 ACC PART I Number: -KC-9033 E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART I for HOUSING CERTIFICATE PROGRAM 1.1 DEFINITIONS. A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC, "ACC" means the CACC. B. 'Budget Authority. The maximum aggregate amount which may be paid by HUD for each project in the Program over the duration of the CACC. — Budget Authority is reserved by HUD from amounts authorized and appropriated by the Congress. (Exhibit II lists budget authority for projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years.) C. CACC. Consolidated Annual Contributions Contract. D. Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). E. Cost Amendment. An amendment to the CACC which provides additional contract or budget authority to cover increased Program Expenditures to maintain the Program at the number of units originally approved by HUD. F. Fiscal Year. The PHA Fiscal Year. ACC PART I: Page 1 of 6 pages 75 G. HUD. U. S. Department of Housing and Urban Development. H. Maximum Annual Contribution Commitment. See section 1.4.C.1.b of this CACC. I. PHA. Public Housing Agency. J. Program. The PHA's Housing Certificate Program under the CACC. K. Program Receipts. Amounts paid by HUD to the PHA for the Housing Certificate Program, and any other amounts received by the PHA in connection with the Program. L. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. M. Project. A funding increment for the Program. (The project may be for additional units or for a cost amendment.) 1.2 HOUSING CERTIFICATE PROGRAM. A. Projects in Program. 1. List of Projects. The Projects in the Program are listed in Exhibit I and Exhibit II of this CACC Part I. 2. Exhibit I. Exhibit I lists projects funded with amounts appropriated before Federal Fiscal Year 1988. 3. Exhibit II. Exhibit II lists projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years. B. Number of Units (by number of bedrooms). To the maximum extent feasible, the PHA shall enter into contracts for housing assistance payments for units under the Program in accordance with the unit distribution stated in this section. No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Number of bedrooms Number of Units 0 10 1 196 2 237 3 34 4 5 ACC PART 1: Page 2 of 6 pages 75 C. PHA Fiscal Year. 1. The first fiscal year for the Program shall begin on July 1 (Enter the effective date for the first project listed in Exhibit I of Part I of the CAM If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) The first Fiscal Year for the Program shall end on the last day of the PHA Fiscal Year which ends not less than 12 months, or more than 23 months, after this date. 2. Thereafter, the fiscal year for the Program shall be the 12 month period ending June 30 of each calendar year. (Enter the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an Annual Contributions Contract with HUD.) 1.3 TERM. A. Exhibit I Projects. For al Projects listed in Exhibit I, the term of the CACC shall end on June 30, 1993 (Insert last date of CACC term for all Exhibit I projects. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) B. Exhibit II Projects. For each project listed in Exhibit II. 1. Exhibit II states the first date and last date of the ACC term for the project. 2. The first date of the ACC term for the project shall be the first day of the month when HUD signs the CACC which adds the project to the Program, or another date as determined by HUD. 3. If the first or last date of the ACC term for the project is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. 4. HUD may revise Exhibit II at any time, upon written notice by HUD to the PHA (a) to add a cost amendment project, or (b) to remove a project for which the ACC term has expired. ACC Part I: Page 3 of 6 pages r7S 1.4 ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount an Purpose of HUD Payments. 1. The annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PRA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. 1. Annual Limit on Payments for Program. a. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for the program under section 1.4.B during the Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the Program. b. The Maximum Annual Contribution Commitment for the Program for each PHA Fiscal Year shall be equal to the sum of the contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). If the first Fiscal Year for the Program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first Fiscal Year may be adjusted in an amount as determined by HUD by the addition of the pro rata amount applicable to the period in excess of 12 months. ACC Part I: Page 4 of 6 pages '75 2. Limit on Total Payments for Program. The sum of HUD payments under section 1.4.B for the Program over the duration of the CACC (including any payments from the CACC reserve account as provided in section 1.4.E) shall not be more than the sum of the budget authority amounts reserved by HUD for the projects in the Program from amounts authorized and appropriated by the Congress. D. Reduction of Amount Payable. HUD may reduce the amount payable by HUD for any project or for the Program, and may reduce the amount of the contract authority or budget authority for any project, by giving the PHA written notice of reduction'in accordance with section 2.3 of this CACC. The notice by HUD may include a revision of Exhibit I or II to state the reduction in the amount of contract authority or budget authority for a project. E. CACC Reserve Account. A CACC reserve account shall be established and maintained by HUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c)(6) of the U. S. Housing Act of 1937. The CACC reserve account may be used by HUD -for payment of any portion of the payment approved by HUD under section 1.4.B for the Fiscal Year. F. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall consitute a separate ACC. 1.5 CACC. A. The CACC consists of this CACC Part I (including Exhibits I and II) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole CACC for the Program. ACC Part 1: Page 5 of 6 pages 75 B. This CACC supersedes any previous Annual Contributions Contract for the projects or Program. Matters relating to operation of the projects or Program under a previous Annual Contributions Contract shall be governed by this CACC. Signatures: PUBLIC HOUSIN AGENCY By plc ILA a,,� Signature HOROWITZ , MAYOR Pro tem Print or Type Name and Official Title of Signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT April 16, 1991 Date Signed By Sigaature Dat Signed William H. McNarnev, Manager - Des Moines Office Print or Type Name and Official Title of Signatory ACC Part I: Page 6 of 6 pages 75 PROJECT NUMBER Amendment No. 4 ACC Part I Number: KC -9033 E EXHIBIT I Projects Appropriated Before Federal Fiscal Year 1988 ACC LIST NUMBER CONTRACT AUTHORITY PROJECT ACC EFFECTIVE DATE IA05-E022-006 KC -78-086 $ 84,180 07/01/1978 IA05-E022-007 KC -79-146 $132,300 07/01/1979 IA05-E022-008 KC -81-213 $ 92,700 06/26/1981 IA05-E022-009 KC -83-207 $ 87,300 10/18/1983 IA05-E022-010 KC -84-166 $ 58,464 01/31/1985 IA05-E022-011 KC -86-076 $129,600 02/01/1987 75 Amendment No. 4 ACC Part I Number: KC -9033 E EXHIBIT II Projects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority. BA a Budget Authority. PROJECT CA' BA FIRST DATE LAST DATE UNIT NUMBER OF TERM OF TERM DISTRI- BUTION IA05-E022-001 $193,968 $2,909,520 01/01/1976 12/31/1990 IBR - 46 IA05-E022-902 $128,000 $ 128,000 2BR - 40 IA05-E022-004 $168,552 3BR - 10 06/30/1992 IBR - 28 4BR - 4 IA05-E022-002 $ 89,244 $1,338,660 07/01/1976 06/30/1991 OBR - 5 $ 259,330 IBR - 1BR - 31 2BR - 11 3BR - 2 IA05-E022-003 $169,524 $2,542,860 07/01/1976 06/30/1991 OBR - 9 IBR - 56 2BR - 23 IA05-E022-901 $429,143 $ 858,286 08/23/1988 06/30/1990 IA05-E022-902 $128,000 $ 128,000 07/01/1990 06/30/1991 IA05-E022-004 $168,552 $2,528,280 07/01/1977 06/30/1992 IBR - 28 .2BR - 44 IA05-E022-013 $ 51,866 $ 259,330 IBR - 6 3BR - 2 4BR - 1 95 RUD-9011 (ll-bB) CERTIFICATE OF RECORDING OFFICER I, Marian K. Karr , the duly appointed, qualified and acting City Clerk of Iowa City, Iowa , do hereby certify that the attached extract from the minutes of the regular seting of the City Council of the Iowa City, Iowa , held on April 16, 1991 , Is a true and correct copy of the original minutes of much meting an file and of record in so far as they =elate to the srtters set forth in the attached extract, and I do further certify that each Resolutlon appearing in such extract in a true and correct copy of a Resolution adopted at such seting and on file and of record. IN TESTIMONY NgDREOT, I have hereunto set aV band and the seal of said City of Iowa City this 17th day of April , 1991 (grAL) wi dovea4iExr piv+rid 6sCE, , sn=iw® s 95 U wyO•"M 111411 The following resolution was introduced by Mayor Pro tem Horowitz read in full and considered: Resolution authorizing execution of amendment X4 to Consolidated Annual Contributions Contract KC -9033E. Councilmember Larson moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Councilmember Ambrisco . and upon roll call the "Ayes" and "Nays" were as follows; AYES NAYS ABSENT Ambrisco Courtney McDonald Kubby Horowitz Larson Novick The Mayor Pro Lem thereupon declared said motion carried and said resolution adopted. • s s s� s a s s e s s s There being no further business to come before the meeting upon motion duly mr.fe and seconded, the meeting was adjourned. 75 KUD-9U12 (11-68) EXTRACT FPGA MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A RFrlll AR MEETING OF THE CITY COONCTI OF THE _ _ CITY OF IOWA CITY TOWA _ HELD ON THE 16TH DAY OF APRTI , 19 gL_ The City Council of the City of Iowa City, Iowa met in regular meeting at Council Chamber, 410 East Washington Street in the City of Iowa City , Iowa , at the place, hour, and date duly established for the holding of such meeting, The Mayor called the meeting to order and on roll cell the folloving ansvered present: Ambrisco, Horowitz, Kubby, Larson,McDonald, Novick. and the folloving were absent: Courtney The Mayor declared s quorum present, 233978-F U.S 06.MEM mPo'WO 041 IYP..... (A 75 IS GENERAL CERTIFICATE I, Marian K Karr, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified and acting City Clerk of the City of Iowa City (herein called the 'Local Agency'). In such capacity, I am custodian of its records and am familiar with its organization, membership and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa, Including particularly, the Act of Legislation In the laws of Iowa of 1838-1839 at page 435, and was duty recognized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without Interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment and the dates of the beginning and ending of the terms of office of the members of the governing body of the Local Agency and of Its principal officers are as follows: DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAME & OFFICE(S) APPOINTMENT TERM OF OFFICE OF OFFICE John McDonald Mayor 1/3/90 113/90• 1092 Councilmember 11/7/89 113/90 1/2/94 Susan Horowitz Mayor Pro tem 1/3/90 1/3/90 1/2/92 Councilmember 11/3/87 1/2188 112/92 William Ambrisco Councilmember 11/3/87 112188 1/2/92 Darrel G. Courtney Councilmember 11/7/89 1/3/90 1/2/94 Karen Kubby Councilmember 1/10/89 1/11/89 1/2/92 Randy Larson Councilmember .11/3/87 1/2/88 1/2192 Naomi Novick Councilmember 11/7/89 1/3/90 1/2194 Stephen J. Atkins City Manager 6117/86 6/17/86 Indefinite Unda Newman Gentry City Atty. 4/17/90 4/17/90 Indefinite Marian K Karr City Clerk 4/12183 4/12/83 Indefinite 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated and each Is the acting officer holding the respective office or offices stated beside his/her name. 6. None of the above-named officers Is Ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he/she holds. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa city. tEc4l•D6 E:C!BS C:iiCf , 75 Page 2 General Certificate 8. Since December 11, 1985, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval and publication of resolutions, ordinances or other meas- ures, relating to the approval and execution of contracts and the authorization, award, execution or issuance of bonds, notes or other obligations of the Local Agency; f) The officers required to sign, countersign or attest contracts, bonds, notes or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1916, the City Council adopted a Home rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this ict day of May , 19__L. ffilluwagll 3 I&W J.•, i des �_, >/L RESOLUTION NO. 91-76 RESOLUTION CERTIFYING UNPAID WATER, SEWER AND SOLID WASTE CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Sections 33-166, 33-47 and 15-42, of the Iowa City Code of Ordinances provide that pursuant to Chapter 384, Code of Iowa (1991), the City Council may certify unpaid water, sewer and solid waste charges to Johnson County for collection in the same manner as a property tax; and WHEREAS, there exists unpaid water, sewer and/or solid waste charges for the users and owners of certain properties, as listed in Exhibit A, attached hereto and by this reference made a part hereof; and WHEREAS, the Council finds that each property owner has received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution, at which time the property owners may appear before the Council and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Clerk is hereby authorized to certify the unpaid water, sewer and solid waste charges set forth in Exhibit A, attached hereto, to Johnson County, Iowa, for collection in the same manner as a property tax, as provided by state law. It was moved by COURTNEY and seconded by AMBRIsco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 16th day of APRIL 1991. MAYOR Pro tern Appr ved by ATTEST: CIT CLERK City Attorney's Office fintreaMdeingact.res " /o 1 Exhibit A, pages 1- 001-830-04 Parcel #: 5725239 Service Address: R.R. 4, Box 12 Solid Waste $94.00 Owner: Kala & Larry Yanausch Mailing Address: R.R. 4, Box 12 Legal Dose.: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Land owned by Charlie Showers Bill Date: Dec. 89 - Jan. 91 001-907-02 Parcel #: 63228 Service Address: R.R. 4 Solid Waste $94.00 Owner: Max Yocum Mailing Address: R.R. 4, Box 31 Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Land owned by Charlie Showers Bill Date: Oct. 89 - Jan. 91 001-916-00 Parcel #: 60323 Service Address: R.R. 4, Box 21 Solid Waste $105.00 Owner: Jim Kuenster (Sand Road) Mailing Address: R.R. 4, Box 21 Deedholder: Lillian & Margaret Kuenster Mailing Address: 620 S. Capitol St. Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Land owned by Charlie Showers Bill Date: Oct. 89 - Jan. 91 001-922-00 Parcel #: 58583000 Service Address: 1610 Waterfront Dr. Soild Waste $105.00 Owner: Duane W. & Louise D. Lewis Mailing Address: 1610 Waterfront Dr. Legal Desc.: 112' N from SW Corner Sec 15-79-6 on E side of road, thence E 90' N 60' W 90' S 60' to Beg. Bill Date: Oct. 89 - Jan. 91 001-926-01 Parcel #: 56462 Service Address: R.R. 4 Solid Waste $105.00 Owner: Max Yocum Mailing Address: R.R. 4, Box 31 Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Land owned by Charlie Showers Bill Date: Oct. 89 - Jan. 91 001-987-00 Parcel #: 62634 Service Address: R.R. 4, Box 30 Solid Waste $105.00 Owner: Antonio J. Tonda Mailing Address: R.R. 4, Box 30 Legal Dose.: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Land owned by Charlie Showers Bill Date: Oct. 89 - Jan. 91 1(o 2 001-996-00 Parcel #: 59502 Service Address: R.R. 4, Box 31 Water 8 15.80 Owner: Max Yocum Sewer 23.00 Mailing Address: R.R. 4, Box 31 Refuse 127.00 Legal Desc: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Connect Land owned by Charlie Showers fee 30.00 This also includes a bill transfer from 926 Webster St Total $195.80 036-517-00 22 -Aug -89 thru 13 -Dec -89 Water $45.80 The amounts were: Sewer 23.00 Bill Date: Oct. 89 - Jan. 91 Refuse 22.00 Total $90.80 001-997-01 Parcel #: 56536 Service Address: R.R. 4, Box 6 Solid Waste $105.00 Owner: Al Graham Mailing Address: c/o Margie Brazelton, R.R. 4, Box 6 Legal Desc.: Gov. Lot 4 Sec. 22-79-6 Bldg. on Leased Ground Land owned by Charlie Showers Bill Date: Oct. 89 - Jan. 91 010-635-07 Parcel #: 58867000 Service Address: 614 Governor St. S Water Tenant: Robert Harrington Sewer $6.21 Owner: Lynn Beachy Refuse 12.50 Mailing Address: 614 S. Governor St. Total $18.71 Deedholder: James & Polly Riggan Mailing Address: R.R. 2, Box 125-K, Oxford, IA 52322-9580 Legal Desc.: Jeromes Add. S 18' of Lot G&S 18' of W 35' of Lot F & Strohmes Add. N 32' of W 95' of Lot 1 Blk. 2 Bill Date: 3 -May - 31 -Jul -90 010-680-01 Parcel #: 56231000 Service Address: 412 Governor St. S Water $75.43 Owner: Joseph Christner Sewer 80.96 Mailing Address: 830 Clark St. Refuse 66.00 Legal Desc.: 5%= of Lot 3 Blk 2 Berryhills 2nd Add. Total $222.39 Bill Date: 29 -Nov - 4 -Apr -90 042-095-10 Parcel #: 62305000 Service Address: 1100 Arthur St., L3 Water $8.81 Tenant: Larry Sabin Sewer 14.48 Owner: Stuelke Enterprises Inc. Refuse Mailing Address: Town & Campus, P.O. Box 848, Cedar Rapids Total $23.29 IA 52406 Legal Desc.: Towncrest Add. Part 2 Revised Lot 2 Blk. 1 Bill Date: 14 -Jun - 10 -Oct -89 TO 3 046-725-10 Parcel #: 57157000 Service Address: 128 Davenport St. E Water Tenant: Larry Rheinschmidt, Jr. Sewer $40.82 Owner: Marcy Albright, Glenn S. Patton, Joyce K. Patton Refuse 25.00 Mailing Address: 857 Normandy Drive Total $65.84 Legal Desc.: Original Town of IC E 40' of S 50' Lot 8 Blk. 75 Bill Date: 13 -Jun - 15 -Aug -90 048-775-13 Parcel #: 53071000 Service Address: 328 Bjaysville Ln. Water $9.71 Tenant: Kevin W. Greene Sewer 32.98 Owner: David Alberhasky, Dan Alberhasky, Charles Alberhasky, Refuse 33.00 & Raymond Alberhasky Total $75.69 Mailing Address: Box 545, Iowa City, IA 52244-0545 Legal Desc.: Alberhaskys SD in Gov. Lot 2 & NE NW 3-79-6 Bill Date: 13 -Dec - 3 -Apr -90 054-645-01 Parcel #: 63144000 Service Address: 1145 E. College Water $117.81 Owner: Eldwin Wells Sewer 169.15 Mailing Address: 1145 E. College St. Refuse 147.50 Legal Desc.: Carsons SD of J&J Clarks Add [Beg at a pt. 5' W Total $434.46 of NE Cor. Lot 3, thence E 12.45'; SE 64'; SW 90.3' and 110' to Beg. Bill Date: 15 -Jun -88 - 13 -Sep -90 056-235-10 Parcel #: 55760000 Service Address: 802 Bowery St. Water $17.29 Tenant: John Christiansen Sewer 69.62 Owner: Thomas E. & Timothy J. Riley Refuse 23.50 Mailing Address: 1132 Melrose Ave. Total $110.41 Legal Desc.: Jeromes Add. Lot M & W 26' Lot N Bill Date: 2 -May - 5 -Jul -90 060-523-02 Parcel #: 61129005 Service Address: 912 Hudson Ave. Water Tenant: Darlene M. Bolton Sewer $10.38 Owner: Cal A. & Robin E. Liedtke Refuse 12.50 Mailing Address: 43 Regal Lane Total $22.88 Legal Desc.: Bailey & Beaks SD Tract "B" as described in survey Book 30, page 262 Bill Date: 9 -May - 4 -Jul -90 064-435-10 Parcel #: 61280000 Service Address: 905 Rider St. Water $ 44.38 Owner: Heidi Hodge Sewer 41.90 Mailing Address: 317 Mahaska Dr., Iowa City, IA 52246 Refuse 23.50 Deedholder: Austin Sandrock Total $109.78 Mailing Address: 10208 N. Nicklaus Dr., Fountain Hills, AZ 85268 Legal Desc.: Chautauqua Hts Add Lot 7 Blk 7 Bill Date: 7 -Mar - 10 -Jul -90 *70 4 077-652-01 Parcel #: 63883007 Service Address: 517 Amhurst St. Owner: John M. & Jacqueline R. Pohill Mailing Address: 23023 Sagebrush, Novi, MI 48050 Legal Desc.: Dean Oakes Woods Add. Lot 2 Bill Date: 7 -Mar - 12 -Sep -90 092-335-09 Parcel #: 63749003 Service Address: 2020 Broadway St., Apt. H Tenant: Diane Sexton Owner: Cedarwood Assoc. Mailing Address: USG #1383, P.O. Box 1601, Darien, CT 06820 Legal Desc.: Braverman Center Beg. at SE Cor. Blk. 2 Braverman Ctr. thence N 386.38' N. 890 W 410'; S 386.38' to SW Cor. & S 890 E 410' Bill Date: 16 -May - 7 -Aug -90 092-515-06 Parcel #: 63749003 Service Address: 2110 Broadway St., Apt. A Tenant: Corinna Washington Owner: Cedarwood Assoc. Mailing Address: USG #1383, P.O. Box 1601, Darien, CT 06820 Legal Desc.: Braverman Center Beg. at SE Cor. Blk. 2 Braverman Ctr. thence N 386.38' N. 890 W 410'; S 386.38' to SW Cor. & S 890 E 410' Bill Date: 16 -May - 19 -Sep -90 Water Sewer Refuse Total Water Sewer Refuse Total Water Sewer Refuse Total $8.63 44.18 37.50 $90.31 $36.95 121.83 $158.78 $35.03 70.55 $105.58 ?(e May 7, 1991 Johnson County Auditor 913 S. Dubuque St Iowa'City, IA 52240 Re: City of Iowa City Resolution 91-76 CITY OF IOWA CITY We had submitted a listing to you on April 19, 1991 of those properties with an outstanding balance due on. the City utility account, requesting you to file and collect such in the same manner as property taxes. Your office notified us today that one of the properties on our listing had been sold as of January 14, 1991. We hereby request that you remove the following property from the listing and do not include such in your filings. Property: 905 Rider St. Owner: Heidi Hodge Outstanding Balance: $109.78 Thank you for your cooperation in this matter. Sincerely, Marian Karr City Clerk CC: Finance Director Treasury Division City Clerk File 410 EAST WASHINGTON STREET. IOWA CITY. IOWA 322.0-1626. (319) 316-3000. FAX (3 19) 356-5001 q/ RESOLUTION NO. 91-77 qes b Pj RESOLUTION AUTHORIZINGTHE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND FIRST NATIONAL BANK WHEREAS, the City of Iowa City is the owner and holder of a certain rehabilitation lien which is in the amount of $17,500 executed by the owners of 512 South Summit Street dated June 4, 1990, and recorded August 3, 1990, in Book 1154, page 175 in the Johnson County Recorder's Office covering the following -described real estate. Lot Three (3) in Block 4 in Summit Hill Addition to Iowa City, Iowa, according to the recorded plat thereof except the east 125 feet thereof and except the south 30 feet of the west 150 feet thereof. WHEREAS, First National Bank, Johnson County, Iowa, will loan the sum of $65,000 on a promissory note secured by a mortgage covering the real estate described above that will be executed by the owners of 512 South Summit Street, and WHEREAS, First National Bank hag requested that the City execute the attached subordination agreement, thereby making said rehabilitation loan held by the City subordinate to the lien of said mortgage that will be made by First National Bank, and WHEREAS, there is sufficient value in the above-described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor is authorized to execute and the City Clerk to attest said attached subordination agreement between the City of Iowa City and First National Bank of Iowa City, Johnson County, Iowa. It was moved by Kubby and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X x I'1*9:0115 Ambrisco Courtney Horowitz Kubby Larson x McDonald Novick Passed and approved this 16th day of April . 1991. ATTEST: CI ERK 1512smmit.res MAYOR Pro k em Appro City Attomey's Office 77 SUBORDINATION AGREEMWHAB RECD APR S 1991 AGREEMENT made this 16th day of April 19 91 , between the City of Iowa City, Johnson County, Iowa, herein referred to as the First National Bank, City, and Iowa City, lows , of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 17.500.00 executed by Donald E. Bodensteiner and Anne A. Bodensteiner , dated June 4 , 19 9o, and recorded _August 3 19 90 , in Book 1054 at page 175 , in the Johnson County Recorder's Office covering the following described real estate: Lot 3 in Block 4 in Summit Hill Addition to Iowa City, Iowa, according to the recorded plat thereof, except to the East 125 feet thereof, and except the South 30 feet of the West 150 feet thereof. WHEREAS, First National Bank, Iowa City, Iowa is about to loan the sum of $ 65,000.00 on a promissory note to be executed by Donald E. Bodensteiner and Anne A. Bodensteiner , secured by a mortgage covering the real estate described, and WHEREAS, to induce First National Bank, Iowa City. Iowa to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by First National Bank, Iowa City, Iowa For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: 11 I + REHAB Rtc: o AHK 8 lyyl 1. Subordination. The City hereby covenants and agrees with First National Bank, Iowa City, Iowa that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by First National Bank, Iowa -City, Iowa. 2. Consideration. In consideration of the City of Iowa City subordinating the rehabilitation loan held by it to be the mortgage of _ First National Bank, Iowa City. Iowa , shall make the above-mentioned loan to Donald E. Bodensteiner and Anne A. Bodensteiner to First National Bank, Iowa 3. Mortgagee. The mortgage (';ry.Tnwa shall be in the amount of $65,000.00 with interest at 8.75 percent due and payable in 360 monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the. rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. CITY OF IOWA CITY L ,,Mayor Pro em ATTEST: City Clerk 77 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 14f�day of Q��; I 19�, before me, the undersigned, a Notary Public n an for the State of Iowa, personally appeared. ,,, _)ar t and '7r�ae;a.A _kncyr to me personally Known, who, ein`g by me duly sworn, didly that they are Mayor Pro� / City Clerk respectively, of said municipal corporation executing rE�ie within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Y o, and C, :!;So le,g as such—o-fffEers acknowledge the execution of saidinstrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. Notary Public in and for said State ju t �ts gP� RESOLUTION NO. 91-78 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL EMPLOYEES AND FOR ADMINISTRATIVE AND EXECUTIVE EMPLOYEES FOR FY92 AND FY93. WHEREAS, the City of Iowa City employs certain employees referred to as Confidential, Administrative and Executive personnel; and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Confidential, Administrative and Executive employees shall receive compensation as established by the FY92 and FY93 Confidential and Administrative Executive Classifica- tion/Compensation Plans, as attached. It was moved by xubby and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X —If— Kubby Larson X McDonald X Novick Passed and approved this i 6th day of April 1991. L� MAYOR Pro. fem Approvecl_�?y- ATTEST:� CITY CLERK `— City Attorney's Office conadmex.res W CONFIDENTIAL PAY PLAN - JULY 6, 1991 - FY92 TI CL JOB TITLE STEP 1 2 3 '6 ... ... ................................... 4 5 41 1 WORD PROCESSING OPERATOR 58.55 59.07 59.59 59.74 59.89 510.06 510.22 510.41 510.58 510.77 210.95 $684.00 5725.60 $767.20 5779.20 5791.20 5804.80 5817.60 5832.80 5846.40 5861.60 5876.00 517,784.00 518,865.60 $19,947.20 520,259.20 $20,571.20 120,924.80 521,257.60 121,652.80 522,006.40 122,401.60 $22,776.00 42 1 ADMINISTRATIVE CLERK/TYPIST 58.85 59.38 $9.89 $10.06 $10.22 $10.41 $10.58 510.77 510.95 511.15 $708.00 5750.40 $791.20 5804.80 5817.60 5832.80 5846.40 5861.60 9876.00 5892.00 511.35 $908.00 $18,408.00 $19,510.40 $20,571.20 $20,924.80 121,257.60 $21,652.80 $22,006.40 522,401.60 522,776.00 $23,192.00 523,608.00 43 1 $9.45 510.02 510.58 SID. 77 $10.95 511.15 511.35 511.55 511.74 511.96 512.17 $756.00 5801.60 5846.40 $861.60 $876.00 5892.00 5908.00 $924.00 5939.20 5956.80 5973.60 $19,656.00 520,841.60 122,006.40 $22,401.60 522,776.00 $23,192.00 $23,608.00 $24,024.00 524,419.20 524,876.80 125,313.60 44 1 ADMIN. SEC. - LEGAL 59.79 510.37 510.95 $11.15 511.35 511.55 511.74 511.96 $12.17 512.39 512.60 44 4 ADMIN. SEC. - PPD 5783.20 5829.60 5876.00 5892.00 5908.00 5924.00 5939.20 $956.80 $973.60 5991.20 51,008.00 44 5 ADMIN. SEC. - PUBLIC WORKS $20,363.20 $21,569.60 $22,776.00 523,192.00 523,608.00 524,024.00 524,419.20 524,876.80 $25,313.60 $25,771.20 526,208.00 44 6 PERSONNEL ASSISTANT 45 1 ADMIN. SEC.- FINANCE 510.11 510.73 511.35 511.55 511.74 511.96 512.17 512.39 512.60 $12.83 $13.05 45 2 ADMIN. SEC.- LIBRARY 5808.80 5858.40 5908.00 $924.00 5939.20 5956.80 5973.60 5991.20 $1,008.00 11,026.40 S1,G44.00 45 3 DEPUTY CITY CLERK 121,028.80 522,318.40 523,608.00 $24,024.00 $24,419.20 $24,876.80 $25,313.60 525,771.20 $26,208.00 $26,686.40 S27. 144.00 45 4 ADMIN. SEC. - PARKS L REC 45 5 CODE ENFORCEMENT ASST. ' 45 6 OPERATIONS SPECIALIST 46 1 510.41 511.03 $11.64 511.84 112.03 512.25 512.47 $12.68 512.89 513.14 513.37 $832.80 5882.40 5931.20 5947.20 5962.40 5980.00 5997.60 51,014.40 11,031.20 51,051.20 51,069.60 $21,652.00 522,942.40 $24,211.20 124,627.20 525,022.40 525,480.00 125,937.60 126,374.40 526,811.20 527,331.20 527,809.60 47 1 ADMIN. ASST. - CITY MANAGER 510.71 511.34 $11.97 512.17 512.36 512.57 512.78 513.01 513.24 513.47 113.70 47 2 PROGRAMMER 5856.80 1907.20 $957.60 5973.60 5988.80 $1,005.60 51,022.40 11,040.80 $1,059.20 51,077.60 11,096.00 47 3 LEGAL ASSISTANT 122,276.80 523,587.20 $24,897.60 525,313.60 525,708.80 526,145.60 526,582.40 127,060.80 127,539.20 528,017.60 528,496.00 48 1 511.41 512.01 $12.60 $12.83 513.05 513.32 $13.60 513.83 514.06 514.34 514.62 5912.80 $960.80 51,008.00 $1,026.40 $1,044.00 51,065.60 51,088.00 $1,106.40 51,124.80 51,147.20 51,169.60 523,732.80 $24,980.80 526,208.00 $26,686.40 $27,144.00 527,705.60 528,288.00 528,766.40 529,244.80 $29,827.20 530,409.60 49 1" ADMIN.SEC./RECORDS SUPR. $11.95 512.50 513.04 $13.27 513.49 $13.74 514.00 514.25 514.49 514.73 , 514.97 5956.00 $1,000.00 51,043.20 51,061.60 51,079.20 51,099.20 11,120.00 51,140.00 51,159.20 11,178.40 51,197.60 $24,856.00 $26,000.00 527,123.20 $27,601.60 128,059,20 $28,579.20 529,120.00 $29,640.00 130,139.20 $30,638.40 $31.137.60 Go ADMINISTRATIVE PAY PLAN - JULY 6, 1991 - FY92 TI CL JOB TITLE ------ ST 1 2 3 4 5 6 7 --- 50 --- 2 ----------------------- P.M. RAMP MANAGER $11.45 $12.02 $12.62 $13.06 $13.52 $13.99 $14.48 50 3 TRANSIT OPERATIONS SUPV $916.00 $961.60 $1,009.60 51,044.80 $1,081.60 $1,119.20 $1,158.40 50 5 SYSTEMS SPECIALIST 823,816.00 $25,001.60 $26,249.60 $27,164.80 $28,121.60 $29,099.20 530,118.40 50 6 AIRPORT OPERATIONS MGR. 51 1 CIVIL RIGHTS COORDINATOR 51 2 WORD PROCESSING SUPERVISOR 51 3 SHOP SUPR.-EQUIPMENT 51 4 LIBRARY COORD. - DEVELOPMENT 51 8 LIBRARY COORD. - AV SERVICES 51 9 CUSTOMER SERVICES MANAGER 51 10 BUDGET MGT. ANALYST 52 1 ASST SUPT - WATER 52 2 ANIMAL CONTROL SUPERVISOR 52 3 ASST. SUPT. - STREETS 52 4 HOUSING ADMINISTRATOR 52 5 SR. HOUSING INSPECTOR 52 6 ASST. CITY ATTORNEY 1 52 7 ASST. SUPT. - SOLID WASTE 52 8 ECONOMIC DEVELOPMENT CDORD. 53 1 BROADBAND TELE. SPECIALIST 53 2 PURCHASING AGENT 53 3 CDBG COORDINATOR 53 5 SENIOR PLANNER 53 6 TRANSPORTATION PLANNER 53 7 ASST CITY ENGINEER 53 8 ASST SUPT - POLLUTION CONTROL 53 11 EQUIPMENT SUPERINTENDENT 53 12 PARKING SYSTEM SUPERINTENDENT 53 14 LIBRARY COORD - COMMUNITY SERV 53 15 LIBRARY COORD - INFORM SERV 53 16 LIBRARY COORD.- TECHNICAL SERV 53 17 LIBRARY COORD - YOUTH SERVICES 4 REVISED 4/91 $12.32 512.94 $13.59 $14.07 $14.56 $15.07 $15.60 $985.60 $1,035.20 $1,087.20 $1,125.60 51,164.80 $1,205.60 $1,248.00 $25,625.60 $26,915.20 $28,267.20 $29,265.60 $30,284.80 $31,345.60 $32,448.00 $13.22 $13.88 $14.57 $15.08 $15.61 $16.16 $16.73 $1,057.60 $1,110.40 $1,165.60 $1,206.40 $1,248.80 51,292.80 $1,338.40 $27,497.60 $28,870.40 $30,305.60 $31,366.40 $32,468.80 $33,612.80 534,798.40 $14.23 $14.94 $15.69 $16.24 $16.81 $17.40 $18.01 $1,138.40 $1,195.20 51,255.20 $1,299.20 $1,344.80 $1,392.00 51,440.80 $29,598.40 $31,075.20 $32,635.20 $33,779.20 $34,964.80 536,192.00 $37,460.80 0 $15.14 51,211.20 $31,491.20 $16.41 $1,312.80 534,132.80 $17.75 51,420.00 536,920.00 $19.26 $1,540.80 540,060.80 ADMINISTRATIVE PAY PLAN - JULY 6. 1991 - FY92 ` TI CL JOB TITLE ST 53 18 _________________________ FORESTER/HORTICULTURIST 53 19 SR. BUILDING INSPECTOR 53 20 DATA PROCESSING MGR. 53 21 NEIGHBORHOOD SERVICE COORD. 55 1 SR. CENTER COORDINATOR 55 2 PARKS SUPERINTENDENT 55 3 TRAFFIC ENGINEER 55 4 ASST FINANCE DIRECTOR 55 5 PERSONNEL ADMINISTRATOR 55 6 CONTROLLER 55 7 ASST LIBRARY DIRECTOR 55 8 ASST. CITY ENGINEER (LMI) 55 9 ASST. CITY ATTORNEY II 56 1 POLICE SERGEANT 57 1 POLLUTION CONTROL SUPT 57 2 RECREATION SUPERINTENDENT 57 3 STREET/SANITATION SUPT 57 4 NATER SUPERINTENDENT 58 1 POLICE CAPTAIN 59 1 DEPUTY POLICE CHIEF 60 1 BATTALION CHIEF J REVISED 4/91 to 1 2 3 4 5 6 7 9 $14.23 $14.94 $15.69 $16.24 $16.81 517.40 $18.01 $30.99 51,138.40 S1,195.20 51,255.20 S1,299.20 51,344.80 51,392.00 S1,440.80 $2,479.20 $29,598.40 $31,075.20 $32,635.20 533,779.20 $34,964.80 $36,192.00 537,460.80 $64,459.20 515.30 516.07 $16.87 517.46 518.07 $18.70 519.35 $20.81 51,224.00 $1,285.60 $1,349.60 $1,396.80 51,445.60 51,496.00 51,548.00 S1,664.80 $31,824.00 533,425.60 $35,089.60 $36,316.80 $37,585.60 $38,896.00 540,248.00 543,284.80 515.30 $1,224.00 $31,824.00 516.53 $17.36 518.23 $18.87 519.53 S20.21 $20.92 522.85 $1,322.40 S1,388.80 51,458.40 $1,509.60 $1,562.40 $1,616.80 $1,673.60 $1,828.00 $34,382.40 $36,108.80 537,918.40 $39,249.60 $40,622.40 $42,036.80 543,513.60 547,528.00 $16.53 $1,322.40 $34,382.40 $16.53 $1,322.40 $34,382.40 $11.81 $1,322.72 $34,390.72 ADMINISTRATIVE PAY PLAN - JULY 6, 1991 - FY92 TI CL JOB TITLE ST ______________________________ 60 2 BATTALION CHIEF/FIRE MARSHAL 62 4 CITY ENGINEER 4 REVISED 4/91 1 2 3 4 5 6 7 $16.53 S1,322.40 $34,3B2.40 $18.40 819.32 $20.29 821.00 $21.74 $22.50 $23.29 $1,472.00 51,545.60 $1,623.20 51,680.00 $1,739.20 51,800.00 $1,863.20 $38,272.00 $40,185.60 $42,203.20 S43,680.00 545,219.20 $46,800.00 $48,443.20 9 527.42 $2,193.60 557,033.60 EXECUTIVE PAY PLAN - JULY 6, 1991 - FY92 TI --- CL --- JOB TITLE ------------------------------ MINIMUM MAXIMUM 61 1 TRANSIT MANAGER $17.89 525.04 $1,431.20 52,003.20 $37,211.20 $52,083.20 62 1 H.I.S. DIRECTOR $18.40 $27.42 62 2 ASSISTANT CITY MANAGER $1,472.00 $2,193.60 62 3 LIBRARY DIRECTOR $38,272.00 $57,033.60 63 1 FIRE CHIEF $18.40 $1,472.00 $38,272.00 64 1 P.P.D. DIRECTOR $19.91 $30.06 64 2 PARKS 8 RECREATION DIRECTOR $1,592.80 52,404.80 $41,412.80 562,524.80 65 1 FINANCE DIRECTOR $21.54 $30.99 65 2 PUBLIC WORKS DIRECTOR $1,723.20 $2,479.20 $44,803.20 $64,459.20 66 1 POLICE CHIEF $21,54 $1,723.20 $44,803.20 70 1 CITY CLERK NO PAY RANGE 70 2 CITY MANAGER 70 3 CITY ATTORNEY CONFIDENTIAL PAY PLAN - JULY 4, 1992 - FY93 TI ... CL ... JOB TITLE ................................... STEP 7 2 3 4 5 41 1 WORD PROCESSING OPERATOR 58.98 $9.52 510.07 510.23 510.38 510.56 $10.73 510.93 $11.11 511.31 511.5 5718.40 $761.60 $805.60 5818.40 5830.40 5844.80 $858.40 5874.40 5888.80 $904.80 S920.D 518,678.40 519,801.60 520,945.60 $21,278.40 $21,590.40 S21,964.80 $22,318.40 522,734.40 523,108.80 523,524.80 S23,920.D 42 1 ADMINISTRATIVE CLERK/TYPIST 59.29 $9.85 510.38 $10.56 510.73 $10.93 511.11 $11.31 $11.50 511.71 511.9 5743.20 $788.00 5830.40 5844.80 5858.40 5874.40 5888.80 5904.80 5920.00 5936.80 S953.6 519,323.20 $20,488.00 521,590.40 $21,964.80 522,318.40 522,734.40 $23,108.80 523,524.80 $23,920.00 524,356.80 524,793.6 43 1 59.92 510.52 511.11 511.31 $11.50 S11.71 511.92 $12.13 512.33 512.56 512.71 5793.60 5841.60 5888.80 S9D4.80 5920.00 $936.80 5953.60 $970.40 5986.40 51,004.80 51,022.41 $20,633.60 S21,881.60 $23,108.80 523,524.80 523,920.00 524,356.80 524,793.60 525,230.40 $25,646.40 526,124.80 526,582.41 44 1 ADMIN. SEC. - LEGAL $10.28 $10.89 $11.50 S11.71 511.92 572.13 $12.33 512.56 S12.78 $13.01 513.2: 44 4 ADMIN. SEC. - PPD 5822.40 $871.20 5920.00 $936.80 $953.60 5970.40 S986.40 51,004.80 51,022.40 51,040.80 51,058.41 ii 5 ADMIN. SEC. - PUBLIC WORKS 521,382.40 S22,651.20 $23,920.00 $24,356.80 524,793.60 525,230.40 525,646.40 526,124.80 526,582.40 527,060.80 $27,518.41 44 6 PERSONNEL ASSISTANT 45 1 ADMIN. SEC.- FINANCE 510.62 511.27 S11.92 512.13 $12.33 512.56 512.78 513.01 S13.23 513.47 513.7( 45 2 ADMIN. SEC.- LIBRARY 5849.60 5901.60 5953.60 5970.40 $986.40 51,004.80 $1,022.40 51,040.80 S1,058.40 51,077.60 51,096.0( 45 3 DEPUTY CITY CLERK 522,089.60 $23,441.60 $24,793.60 525,230.40 $25,646.40 526,124.80 526,582.40 527,060.80 527,518.40 528,017.60 528,496.0( 45 4 ADMIN. SEC. - PARKS 5 REC 45 5 CODE ENFORCEMENT ASST. 45 6 OPERATIONS SPECIALIST 46 1 $10.93 $11.58 512.22 S12.43 $12.63 512.86 513.09 513.31 513.53 513.80 514.01 $874.40 5926.40 S977.60 $994.40 51,010.40 51,028.80 $1,047.20 51,064.80 S1,082.40 51,104.00 51,123.2( ' $22,734.40 $24,086.40 $25,417.60 125,854.40 126,270.40 $26,748.80 527,227.20 $27,684.80 528,142.40 528,704.00 529,203.2( 47 1 ADMIN. ASST. - CITY MANAGER $11.25 $11.91 $12.57 512.78 512.98 513.20 513.42 513.66 513.90 514.14 514.35 47 2 PROGRAMMER $900.00 5952.80 51,005.60 S1,022.40 $1,038.40 51,056.00 51,073.60 51,092.80 51,112.00 51,131.20 51,151.2( 47 3 LEGAL ASSISTANT S23,400.00 524,772.80 526,145.60 $26,582.40 526,998.40 $27,456.00 527,913.60 $28,412.80 528,912.00 529,411.20 529,931.2( 48 1 511.98 512.61 513.23 513.47 513.70 513.99 S14.28 $14.52 $14.76 $15.06 515.35 5958.40 $1,008.80 51,058.40 51,077.60 S1,096.00 51,119.20 51,142.40 51,161.60 51,180.80 51,204.80 51,228.00 524,918.40 526,228.80 S27,518.40 528,017.60 $28,496.00 529,099.20 529,702.40 530,201.60 530,700.80 531,324.80 S31,928.00 49 1 ADMIN.SEC./RECORDS SUPR. 512.55 .513.13 513.69 513.93 $14.16 514.43 514.70 514.96 515.21 $15.47 515.72 51,004.00 $1,050.40 $1,095.20 $1,114.40 51,132.80 $1,154.40 51,176.00 51,196.80 51,216.80 51,237.60 51,257.60 $26,104.00 527,310.40 $28,475.20 528,974.40 $29,452.80 $30,014.40 530,576.00 531,116.80 531,636.80 $32,177.60 532,697.60 ADMINISTRATIVE PAY PLAN - JULY 4, 1992 - FY93 TI CL JOB TITLE ST 1 2 3 4 5 6 7 ... 50 ... 2 .............................. P.M. RAMP MANAGER $12.02 $12.62 $13.25 $13.71 $14.19 814.69 515.20 50 3 TRANSIT OPERATIONS SUPV $961.60 51,009.60 $1,060.00 $1,096.80 $1,135.20 $1,175.20 51,216.00 50 5 SYSTEMS SPECIALIST 525,001.60 $26,249.60 527,560.00 $28,516.80 $29,515.20 $30,555.20 531,616.00 50 6 AIRPORT OPERATIONS MGR. 51 1 CIVIL RIGHTS COORDINATOR 51 2 WORD PROCESSING SUPERVISOR 51 3 SHOP SUPR.-EQUIPMENT 51 4 LIBRARY COORD. - DEVELOPMENT 51 8 LIBRARY COORD. - AV SERVICES 51 9 CUSTOMER SERVICES MANAGER 51 10 BUDGET MGT. ANALYST 52 1 ASST SUPT - WATER 52 2 ANIMAL CONTROL SUPERVISOR 52 3 ASST. SUPT. - STREETS 52 4 HOUSING ADMINISTRATOR 52 5 SR. HOUSING INSPECTOR 52 6 ASST. CITY ATTORNEY 1 52 7 ASST. SUPT. - SOLID WASTE 52 8 ECONOMIC DEVELOPMENT COORD. 53 1 BROADBAND TELE. SPECIALIST 53 2 PURCHASING AGENT 53 3 CDBG COORDINATOR 53 5 SENIOR PLANNER 53 6 TRANSPORTATION PLANNER 53 7 ASST CITY ENGINEER 53 8 ASST SUPT - POLLUTION CONTROL 53 11 EQUIPMENT SUPERINTENDENT 53 12 PARKING SYSTEM SUPERINTENDENT 53 14 LIBRARY COORD - COMMUNITY SERV 53 15 LIBRARY COORD - INFORM SERV 53 16 LIBRARY COORD - TECHNICAL SERV 53 17 LIBRARY COORD - YOUTH SERVICES 00 REVISED 4/91 $12.94 513.59 $14.27 514.77 515.29 515.83 516.38 $1,035.20 $1,087.20 $1,141.60 $1,181.60 $1,223.20 51,266.40 $1,310.40 $26,915.20 $28,267.20 $29,681.60 $30,721.60 $31,803.20 $32,926.40 $34,070.40 $13.88 514.57 $15.30 $15.84 516.39 $16.96 $17.55 81,110.40 $1,165.60 $1,224.00 $1,267.20 51,311.20 $1,356.80 $1,404.00 $28,870.40 530,305.60 531,824.00 532,947.20 $34,091.20 $35,276.80 536,504.00 $14.94 $15.69 516.47 $17.05 $17.65 $18.27 518.91 $1,195.20 51,255.20 $1,317.60 51,364.00 51,412.00 $1,461.60 $1,512.80 531,075.20 532,635.20 $34,257.60 535,464.00 $36,712.00 538,001.60 $39,332.80 Pi 515.90 $1,272.00 533,072.00 517.23 51,378.40 535,838.40 518.64 51,491.20 238,771.20 $20.22 51,617.60 542,057.60 ADMINISTRATIVE PAY PLAN - JULY 4, 1992 - FY93 TI CL JOB TITLE ST --- 53 --- 18 ------------------------------ FORESTER/HORTICULTURIST 53 19 SR. BUILDING INSPECTOR 53 20 DATA PROCESSING MGR. 53 21 NEIGHBORHOOD SERVICE COORD. 55 1 SR. CENTER COORDINATOR 55 2 PARKS SUPERINTENDENT 55 3 TRAFFIC ENGINEER 55 4 ASST. FINANCE DIRECTOR 55 5 PERSONNEL ADMINISTRATOR 55 6 CONTROLLER 55 7 ASST LIBRARY DIRECTOR 55 8 ASST. CITY ENGINEER (LMI) 55 9 ASST. CITY ATTORNEY II 56 1 POLICE SERGEANT 57 1 POLLUTION CONTROL SUPT 57 2 RECREATION SUPERINTENDENT 57 3 STREET/SANITATION SUPT 57 4 NATER SUPERINTENDENT 58 1 POLICE CAPTAIN 59 1 DEPUTY POLICE CHIEF 60 1 BATTALION CHIEF REVISED 4/91 1 2 3 4 5 6 7 9 $14.94 $15.69 $16.47 517.05 $17.65 518.27 $18.91 520.22 51,195.20 $1,255.20 $1,317.60 51,364.00 51,412.00 $1,461.60 $1,512.80 51,617.60 531,075.20 $32,635.20 $34,257.60 $35,464.00 536,712.00 538,001.60 539,332.80 542,057.60 516.07 516.87 517.71 518.33 $18.97 $19.63 520.32 521.85 $1,285.60 $1,349.60 $1,416.80 $1,466.40 51,517.60 51,570.40 $1,625.60 $1,748.00 $33,425.60 $35,089.60 536,836.80 538,126.40 $39,457.60 $40,830.40 $42,265.60 $45,448.00 $16.07 51,285.60 533,425.60 517.36 518.23 519.14 519.81 520.50 521.22 521.96 $23.99 $1,388.80 51,458.40 $1,531.20 51,584.80 51,640.00 $1,697.60 51,756.80 $1,919.20 $36,108.80 537,918.40 $39,811.20 541,204.80 542,640.00 $44,137.60 $45,676.80 $49,899.20 $17.36 51,388.80 $36,108.80 517.36 $1,388.80 536,108.80 $12.40 $1,388.80 $36,108.80 ADMINISTRATIVE PAY PLAN - JULY 4, 1992 - FY93 TI CL JOB TITLE ST --- --- ------------------------------ 60 2 BATTALION CHIEF/FIRE MARSHAL $17.36 $1,388.80 $36,108.80 $19.32 $20.29 $21.30 $22.05 $22.82 523.62 $24.45 $1,545.60 $1,623.20 $1,704.00 $1,764.00 $1,825.60 $1,889.60 $1,956.00 $40,185.60 $42,203.20 $44,304.00 $45,864.00 $47,465.60 $49,129.60 $50,856.00 1 2 3 4 5 6 7 62 4 CITY ENGINEER M, Y REVISED 4/91 n 528.79 $2,303.20 559,883.20 EXECUTIVE PAY PLAN - JULY 4, 1992 - FY93 n TI --- CL --- J00 TITLE ----------------------'------- MINIMUM MAXIMUM 61 1 TRANSIT MANAGER $18.78 $26.29 $488.28 $2,103.20 . $12,695.28 $54,683.20 62 1 H.I.S. DIRECTOR $19.32 $28.79 62 2 ASSISTANT CITY MANAGER $1,545.60 $2,303.20 62 3 LIBRARY DIRECTOR $40,185.60 $59,883.20 63 1 FIRE CHIEF $19.32 $1,545.60 $40,185.60 64 1 P.P.D. DIRECTOR $20.91 $31.56 64 2 PARKS 8 RECREATION DIRECTOR $1,672.80 $2,524.80 $43,492.80 $65,644.80 65 1 FINANCE DIRECTOR $22.62 $32.54 65 2 PUBLIC WORKS DIRECTOR $1,809.60 $2,603.20 $47,049.60 $67,683.20 66 1 POLICE CHIEF $22.62 $1,809.60 $47,049.60 70 1 CITY CLERK NO PAY RANGE 70 2 CITY MANAGER 70 3 CITY ATTORNEY RESOLUTION NO. 91-79 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, AND HOWARD R. GREEN COMPANY OF CEDAR RAPIDS, IOWA TO PROVIDE CONSULTING SERVICES TO DEVELOP A COMPREHENSIVE WATER SUPPLY PLAN FOR IOWA CITY'S POTABLE WATER TREATMENT FACILITY. WHEREAS, the City of Iowa City on July 31, 1990, entered into an Agreement with Howard R. Green Company for professional engineering services to develop a comprehensive water supply plan for Iowa City's potable water treatment facility; and WHEREAS, said comprehensive water supply plan recommends further investigation of the potential groundwater sources, and WHEREAS, Howard R. Green Company agrees to perform such further investigative work, as defined in attached Amendment No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Amendment No. 1 to the Agreement By and Between the City of Iowa City, Iowa and Howard R. Green Company for the Provision of Engineering Services, attached hereto and made a part hereof, be and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Amendment No. 1 to the Agreement for and on behalf of the City of Iowa City, Iowa. It was moved by T,,, , and seconded by Nnvi rlc the Resolution be adopted, and upon roll call there were: AYES: X X X X K4 NAYS: Passed and approved this I hth day of ATTEST: . yam„ ) CITY -CLERK hrgreen.res /_l-9 LW _ Ambrisco _ Courtney _ Horowitz _ Kubby _ Larson X McDonald Novick 1991. MAYOR Pro tem Approved by ity Attorney's Office /�?-9/ rA AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT COMPREHENSIVE WATER SUPPLY PLAN 1990 This AMENDMENT made and entered into this AG day of �i°,eiZ 1991, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and Howard R. Green Company, Consulting Engineers of Cedar Rapids, Iowa, hereinafter referred to as "Consultant." WHEREAS, the City has entered into an Agreement with the Consultant, dated July 31, 1990, for professional engineering services in connection with the preparation of a COMPREHENSIVE WATER SUPPLY PLAN for the Iowa City Water Works; and WHEREAS, said COMPREHENSIVE WATER SUPPLY PLAN recommends further investigation of two potential groundwater sources: ALLUVIAL WELL FIELD - Located south/southeast of Iowa City covering approximately 8 to 10 square miles. II. BURIED CHANNEL WELL FIELD - Located south of Hills, Iowa covering approximately 3 to 4 square miles; and WHEREAS, the Consultant agrees to perform such further investigative work defined herein. Now therefore, the City and Consultant do hereby agree to amend said Agreement to reflect the following: SCOPE OF SERVICES The Consultant and the City agree this AMENDMENT NO. 1, as an amendment to the Agreement dated July 31, 1990, shall define the additional work to be performed by the Consultant. The total work of the Agreement, together with this AMENDMENT, shall constitute the Project. To this end, the 6e 19 Consultant agrees to perform the following services for the City and agrees to do so in a timely and satisfactory manner. Both parties agree that the scope of the investigation may be altered during the course of the work to reflect new information obtained as the investigation proceeds. If it becomes necessary to revise the scope, subsequent addenda will be negotiated in writing. The Scope of Services for this AMENDMENT NO. 1 is as follows: I. ALLUVIAL WELL FIELD A. Site investigations. 1. Assemble an aerial photo of the well field at a scale of approximately 1" = 600'. 2. Locate all residences, wells and septic tanks. 3. Locate potential sources of contamination. E.g., feedlots, waste treatment, chemical storage, landfills, dumps, industries, pipelines, wells, septic tanks, underground storage tanks, wetlands. 4. Determine ownership of properties, and map property boundaries. 5. Determine the surface elevation of existing wells for which logs are available. B. Develop hydrogeologic data base. 1. Assemble a file of available logs on existing wells. 2. Assemble preliminary maps of bedrock topography, saturated sand and gravel and piezometric water levels. C. Define water supply constraints, i.e., limiting factors in developing supply. 1. Collect water samples, and test for basic inorganic constituents. 2. Locate contamination sources, if any, on a map, and define minimum clearance required by the IDNR. 3. Assess the impact on existing wells, and establish preliminary clearance. 4. Define the area of acceptable quality water. -2- 79 5. Assemble preliminary maps of water quality parameters. D. Access to private property. 1. Provide information to the City's representative, including: a. A description of the type of activities which must be conducted on private property such as location and elevation of private wells and installation of test borings. b. Location of desired access for investigation, test borings, piezometers and test wells. C. Assist the City in securing access to private property. DELIVERABLE NO. 1: Prepare and present to the City, as an interim report, the following within ninety (90) days after execution of this AMENDMENT NO. 1. 1. Site plan showing property ownership, residences and sources of contamination. 2. Preliminary maps showing bedrock topography, isopack thickness and piezometric water surface. 3. Preliminary maps showing contours of critical water quality parameters. 4. All other data collected and assembled in Sections I.A, B, C and D above. E. Select driller for alluvial well field and deep channel well field. 1. Assemble a short list of qualified drillers. 2. Prequalify drillers based on experience and capability. 3. Prepare contract for City review for drilling well, piezometer construction, and pump testing. 4. Assemble unit price proposal form for alluvial well field and deep channel well field. 5. Secure proposals from prequalified drillers. 6. Recommend to the City the selected driller. F. Develop, coordinate and monitor a drilling program to collect additional data including depth to bedrock, stratigraphy, porosity and permeability. -3- 79 I . Observe borings and record field logs. 2. Conduct borehole geophysical survey on all borings. 3. Conduct in-situ permeability tests. 4. Collect water samples from new borings and test for basic constituents. Cost of analysis paid by the City. 5. Determine surface elevation of new bore holes. 6. Update hydrogeologic data base with information obtained form drilling program. 7. Assemble revised maps of bedrock topography, saturated sand and gravel, and piezometric water surface. 8. Assemble revised maps of water quality parameters. 9. Review driller's requests for payment and provide recommendations to the City. DELIVERABLE NO. 2: Prepare and present to the City the following within thirty (30) days after completion of drilling operations: 1. Revised maps showing bedrock topography, isopack thickness', and piezometric surface. 2. Revised maps showing contours of critical water quality parameters. G. Test pumping program. 1. Develop test pumping program for one (1) well with three (3) piezometers for data collection. 2. Design the test well. 3. Observe well construction. 4. Conduct in-situ permeability test in piezometers. 5. Install data loggers in the test well and piezometers. 6. Observe the pump test and collect data. -4- 79 DELIVERABLE NO. 3: Prepare and present to the City an interim report within thirty (30) days after completion of test pumping which includes: 1. Description of the test pumping program. 2. Results of the test pumping program. DELIVERABLE NO. 4: Prepare and present to the City a final report which includes, but is not limited to, the following: 1. A computer model, utilizing data obtained in the test pumping program, which will determine optimum well capacity, spacing and location. 2. Revised maps of the anticipated piezometric water surface at full well field development and production. 3. Pre -preliminary design of the well field and transmission mains. 4. An estimate of probable construction cost and time schedule for construction of the well field and transmission mains. 5. All sources of contamination, if any. 6. Ten (10) copies of the alluvial well field final report, to be delivered to the City within ninety (90) days of the submittal of Deliverable No. 3. if. DEEP CHANNEL- WELL FIELD A. Site investigations. 1. Assemble an aerial photo of the well field at a scale of approximately 1" = 600'. 2. Locate all residences, wells and septic tanks. 3. Locate potential sources of contamination. E.g., feedlots, waste treatment, chemical storage, landfills, dumps, industries, pipelines, wells, septic tanks, underground storage tanks, and wetlands. 4. Determine ownership of properties, and map property boundaries. 5. Determine the surface elevation of existing wells for which logs are available. -5- 79 B. Develop hydrogeologic data base. 1. Assemble a file of available logs on existing wells. 2. Assemble preliminary maps of bedrock topography, saturated sand and gravel, and piezometric water levels. C. Define water supply constraints, i.e., limiting factors in developing supply. 1. Collect water samples and test for basic inorganic constituents. 2. Locate contamination sources, if any, on a map, and define minimum clearance required by the IDNR. 3. Assess the impact on existing wells, and establish preliminary clearance. 4. Define the area of acceptable quality water. 5. Assemble preliminary maps of water quality parameters. D. Access to private property. 1. Provide information to the City's representative, including: a. A description of the type of activities which must be conducted on private property such as location and elevation of private wells and installation of test borings. b. Location of desired access for investigation, test borings, piezometers, test wells, and geophysical survey. C. Assist the City in securing access to private property. DELIVERABLE NO. 5: Prepare and present to the City the following within sixty (60) days after execution of this AMENDMENT NO. 1: 1. Site plan showing property ownership, residences and sources of contamination, if any. 2. A data base of information available from existing sources. 3. All other data collected and assembled in Sections ILA, B, C and'D above. E. Use the driller selected in Section LE above. I" 79 F. Locate and construct one (1) test boring. 1. Conduct borehole geophysical survey. DELIVERABLE NO. 6: Prepare and present to the City a log of the test boring and the results of the borehole geophysics testing within fifteen (15) days after completion of Section 111, above: G. Geophysical survey. 1. Conduct trial field tests to determine optimum geophysical technique and seismic array configuration. 2. Conduct geophysical surveys to determine bedrock configuration and isopack thickness. DELIVERABLE NO. 7: Prepare and present to the City the following within thirty (30) days after completion of Section II.G, above: 1. A written report on the results of the geophysical testing. 2. A revised data base of existing information, plus data gathered in the geophysical testing. H. Develop drilling program to verify data collected in the geophysical survey. 1. Observe borings, and record field logs. 2. Conduct bore hole geophysics on all boring logs. 3. Conduct in-situ permeability tests. 4. Collect water samples from new boreholes, and test for basis constituents. 5. Determine surface elevation of the new boreholes. 6. Update hydrogeologic data base with information obtained from the drilling program. 7. Assemble maps of bedrock topography, saturated sand and gravel thickness, and piezometric water surface. 8. Assemble maps of water quality parameters. -7- 79 9. Review driller's requests for payment, and provide recommendation to the City. DELIVERABLE NO. 8: Prepare and present to the City the following within thirty (30) days after completion of Section II.H, above: 1. Site plan showing property ownership, residences and sources of contamination, if any. 2. Preliminary maps showing bedrock topography, isopackthickness, and piezometric water surface. 3. Preliminary maps showing contours of critical water quality parameters. Test pumping program. 1. Develop, coordinate and monitor test pumping program for one (1) well with three (3) piezometers for data collection. 2. Design the test well. 3. Observe well construction. 4. Conduct in-situ permeability test in piezometers. 5. Install data loggers in the test well and piezometers. 6. Observe the pump test, and collect data. DELIVERABLE NO. 9: Prepare and present to the City the following within thirty (30) days after completion of the test pumping program: 1. Revised maps showing bedrock topography, lsopack thickness, and plezometric surface. 2. Revised maps showing contours of critical water quality parameters. 79 DELIVERABLE NO. 10: Prepare and present to the City a final report which includes, but is not limited to, the following: 1. A computer model, utilizing data obtained in the test pumping program, to determine optimum well capacity, spacing and location. 2. Revised maps of the anticipated piezometric water surface at full well field development and production. 3. A pre -preliminary design of the well field and transmission mains. 4. An estimate of probable construction cost and time schedule for construction. 5. All sources of contamination, if any. 6. All findings collected and assembled in Section II.H, I above. 7. Ten copies of the deep channel well field, to be delivered to the City within ninety (90) days of submittal of Deliverable No. 9. III. Water Treatment Facilities 1. Prepare a pre -preliminary design of a groundwater treatment facility to meet the quality parameters outlined in the COMPREHENSIVE WATER SUPPLY PLAN. 2. Prepare an estimate of probable construction cost and time schedule for construc- tion of the groundwater treatment facility. 3. Prepare a revised estimate of probable construction cost and time schedule for renovation of the existing surface water treatment facility, as outlined in the COM- PREHENSIVE WATER SUPPLY PLAN. DELIVERABLE NO. 11: Incorporate all findings in a typewritten report, and submit ten (10) copies to the City within sixty (60) days after submittal of Deliverable No. 10. RESPONSIBILITIES OF THE CITY The City, without cost to the Consultant, will: 1. Place at the disposal of the Consultant all information in the City's possession which is pertinent to the work, including previous reports and any other available data relative to the completion of the work, as defined in the Scope of Services above. -9- P 79 2. Conduct all negotiations with property owners for access to private property in order to obtain information on existing wells and to conduct test boring and geophysical survey. 3. Contract with the selected driller for drilling and test well construction. 4. Charles Schmadeke and Edward Brinton will act as the City's representatives with respect to the work to be performed under this AMENDMENT NO. 1. These two persons or their designees shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies and decisions with respect to the work presented under this AMENDMENT NO. 1. 5. The City shall examine all documents presented by the Consultant, and make appropriate comments pertaining to the documents within a reasonable time after receipt, so as not to delay the Consultant's work. 6. The City will pay the cost of all laboratory water analysis. SCHEDULE All work items called for in this AMENDMENT shall be completed within 540 calendar days following the date of the Notice to Proceed. COMPENSATION The City agrees to pay the Consultant for the work items stated in the Scope of Services above, as each item and Deliverable are completed and in accordance with the following schedule: I. ALLUVIAL WELL FIELD A. Site investigation. B. Hydrogeologic data base. C. Water supply constraints. D. Access to private property. Lump Sum (A -D) E. Select driller. F. Develop drilling program and collect data. Lump Sum (E -F) -10- $ 17,000.00 $ 31,000.00 79 G. Test pumping program. Lump Sum $ 18,500.00 H. Recommendations and report. Lump Sum $ 16,000.00 TOTAL $ 82,500.00 II. BURIED CHANNEL WELL FIELD A. Site investigations. B. Hydrogeologic data base. C. Water supply constraints. D. Access to private property. Lump Sum (A -D) $ 17,000.00 E. Coordinate driller. F. Construct one test boring.. Lump Sum (E -F) $ 8,000.00 'G. Geophysical survey. Estimate $ 47,000.00 to $77,000.00 H. Develop drilling program and collect data. Lump Sum $ 17,000.00 I. Test pumping program. Lump Sum $ 18,500.00 J. Recommendation and report. Lump Sum $ 16,000.00 TOTAL $ 123,500.00 to $153,500.00 'NOTE: The actual amount due the Engineer for Section II.G, Geophysical Survey, will be determined based on actual costs, and will not exceed $77,000.00. III. WATER TREATMENT FACILITIES TOTAL Lump Sum $ 9,000.00 TOTAL MAXIMUM COST, AMENDMENT NO. 1 (1, 11, AND III) _ $ 245,000.00 -11- 79 CONTRACTED SERVICES The City will contract, with the assistance of the Consultant, for drilling and other services associated with this well field investigation. The costs of these services, which are not included in this AMENDMENT, are estimated as follows: A. Test borings and laboratory soils analysis $ 210,000.00 B. Test well construction and pumping $ 105,000.00 TOTAL CONTRACTED SERVICES (Estimate) $ 315,000.00 TOTAL ESTIMATED MAXIMUM COST TO COMPLETE ALL WORK $ 560,000.00 INSURANCE REQUIREMENTS A. Certificate of Insurance, Caricellation or Modification 1. Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contractual period. 2. The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the Agreement and this AMENDMENT NO. 1 and/or to halt work on the Project, and to withhold payment for any work performed on the Project. B. Minimum Coverage 1. Any policy or policies of insurance purchased by the Consultant to satisfy its responsibilities under this Agreement and AMENDMENT NO. shall include contractual liability coverage, and shall be in the following type and minimum amounts: Per Per Tvoe Person Accident a. Comprehensive General Liability (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 -12- 79 b. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. C. Hold Harmless: Endorsement Required The Consultant shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Agreement and AMENDMENT NO. 1, whether such operations be by and for the Consultant or by any subcontractor or anyone directly or indirectly employed by either the Consultant or its subcontractors. 2. The Consultant is an independent Contractor, and is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. OTHER PROVISIONS OF MAIN AGREEMENT STILL IN EFFECT Except for the additions contained in this AMENDMENT NO. 1, the terms and conditions of the Agreement between City and Consultant and executed on July 31, 1990, shall remain in full force and effect. FOR THE CITY OF IOWA CITY, IOWA FOR THE ENGINEER HOWARD R. GREEN COMPANY �Gu9 a rl , C 6" Mayor Pro tem Ralph J. R II, P.E. President Attest: Clerk Robert A. Frederick, P.E. Vice President -13- �19 Approved by City Attorney's Office pwwaterNamend-t.wp -14- 79 RESOLUTION NO. 91-80 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT KC -9033V. PROJECT NO. 'IA05-V022-009. WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Kubby adopted, and upon roll call there were: AYES: X X X X X Passed and approved this 22nd and seconded by NAYS: Novick the Resolution be ABSENT: X Ambrisco RECEIVED Courtney ROUSING & URBAN DEVELOPMENT _ Horowitz Kubby ', 2 6 1991 _ Larson McDonald Novick LEGAL - DES MOINES OFFICE day of April 1991. AYOR �0" Approved by ATTEST: Aa4l_,� 7 . 7e� CIV CLERK hisasst\022-009.res y Attorney' ffice /`Itv' 7/ Consolidated U S. Department of Housln RECEIVED w� and Urban Development HOU ING & URBAN DEVELOPMENT AN Annual Contributions Contract ofte01 Wusingit ,, Housing Voucher Program —nr, I= ACC Part I Number: I A 0 5 - V 00� o1 10 19 1 LEGAL - DES MOINES OFFICE 1.1. Definitions. A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC, "ACC" means the CACC. B. CACC. Consolidated Annual Contributions Contract. C. Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part I (subject to reduction in accordance with section IA.D and section 2.3 of this CACC). D. Fiscal Year. The PHA Fiscal Year. E. HUD. U.S. Department of Housing and Urban Development. F. • PHA. Public Housing Agency. G. Program. The PHA's Housing Voucher Program under the CACC. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. I. Program Receipts. Amounts paid by HUD to the PHA for the Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. J. Project. A funding increment for the Program. 1.2. Housing Voucher Program. A. Projects in Program. The projects in die program arc lisled in Exhibit I and Exhibit Il of this CACC Pan 1. (List all new projects in CACC Exhibit 11.) B. PHA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending _J -UF 3 of each calendar year. (Insert the day and month used as the Fiscal Year ending date for other section R assistance administered by the PHA under an ACC with HUD.) 1.3. Term. A. The initial term of the ACC for each project shall he a term of five years beginning on the effective date of the ACC for the project. B. The first date and last date of the ACC term for each project is stated in Exhibit 1 or Exhibit 11. be entered subsequently by HUD, upon written notice by HUD to the PHA. E. HUD may revise Exhibit I or Exhibit II at any time, upon written notice by HUD to the PHA, to remove a project for which the ACC term has expired. F. The initial ACC tern for any project may be extended by written agreement of the PHA and HUD. 1.4. Annual Contribution. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments. 1. The annual contribution for the Program during a Fiscal Year shall be the sum of the amounts paid for each of the projects in the program. The HUD annual contribution for the Program shall be the amount approved by HUD foreach Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. %laximum Payments for Program. 1. Annual Limit on Payments for Program. Exccpt for payments from the CACC reserve account as provided in section I A.E of this CACC, the HUD annual contnbution for a project under section 1.4.B during the Fiscal Year shall not be more than the contract authority for the project. The amount of contract authority reserved for each project in the Program is stated in Exhibit 1 and II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). 2. Limit on Total Payments for Project During CACC Term. The total of HUD payments under section tA.B for a project over the term of the CACC for the project (including any payments from the CACC reserve account as provided in section 1A.E, but not including any payments under section I.4.F) shall not be more than five times the contract authority for the project. C. The first date of the ACC term for the project shall he a date as 1)• Reduction of Amount Payable. HUD may reduce the amount determined by HUD. payable by HUD for any project or for the program, and may reduce the amount of the contract authority for any project, by D. If the first or last date of the ACC term for the pro lent Is not giving the PHA written notice of reduction in accordance with entered before the CACC is signed by the PHA, the irate ilia section 2.3 of this CACC. The notice by HUD mac include a 8� -.. ., :•s 'o••n HUD•52520-D 0.901 revision of Exhibit I or II to slate the reduction in the amount of contract authority for a project. E. CACC Reserve Account. A CACC reserve account shall be established and maintained by HUD, in an amount as determined by HUD. The CACC reserve account may be used by HUD for payment of any porion of the payment approved by HUD under section I A.B for the Fiscal Year. F. Portability Procedures: Fees of Receiving PHA. In addition to the maximum payments under section 1.4.C, including payments from the CACC reserve account under secuon 1.4.E, HUD may approve additional payments to the PHA for the purpose of paying fees to another PHA acting as receiving PHA in accordance with HUD portability procedures. G. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall constitute a separate ACC. Public Housing Agency United States of America Li. CACC. A. The CACCreonsist_s of this CACC Part I (including L.xh F:.> and 11) and the form ACC Part lI prescribed by HUD fer _:e Housing Certificate Program and the Housing Voucr,r Program, designated as form HUD 52520-E, and dated tants.} 1990. These documents constitute the whole CACC for Program. B. This CACC supersedes any previous Annual Comribuucas Contract for the projects or Program. Matters relating to operation of the projects or Program under a previous Annt:al Contributions Contract shall be governed by this CACC. Signatures:. IOWA CITY HOUSING AUTHORITY Name f Public H sing Agency d Date signed : JOHN MCDONALD, MAYOR Print or type Na name and official title of signatory : type the name and official title of signatory: ACC ParI Number .I .I J I V Exhibit I : - First Date Last Date Project Number Contract Authority($) of Term of Term IA05-VO22-001 $ 42,820 02/03/1986 02/03/1991 IA05-VO22-002 $126,715 05/01/1988 06/30/1993 IA05-VO22-003 $ 25,314 01/01/1987 12/31/1991 IA05-VO22-004 $189,816 05/01/1987 04/30/1992 IA05-VO22-005 $202,927 08/01/1987 07/31/1992 IA05-VO22-006 $ 41,939' 08/05/1987 08/04/1992 IA05-VO22-007 $243,010 05/01/1988 06/30/1993 (IA05-V022-001) ($ 42,820) (02/03/1991) United States of America Secretary of Housing and Urban Development Da:o Sglned ACC Part; -I--�� LTJ Number: - V Exhlblt II : Project Number IA05—VO22-008 Renewal — 86 x .0194: Contract Authority($) $213,212 IA05—VO22-009 $ 74,357 (Renewal — Replaces IA05—V022-001) United States of America Secretary of Housing and Urban Development First Date last Date o1 Term of Term 11/01/1989 10/31/1994 02/01/1991 01/31/1996 Da:e s,gnea ****SEE ATTACHED WAIVER OF NOTICE AND CALL OF SPECIAL MEETING**** HUD -9013 .. (11_G8) NOTICE OF SPECIAL MEETING NOTICE OF SPECIAL MEETING TO THE City Council of the City of Iowa _itv Notice is hereby given that a special meeting of the of the will be held at , at o'clock for the following purpose: Dated this day of in the City of M., on the day of , 19 CERTIFICATE OF SERVICE OF NOTICE , 19 , I, Marian K. Karr the duly appointed, qualified and acting City Clerk of the City of Iowa City DO HEREBY CERT tb§t on the 25th day of April , 1991 , I served a true COPY of the RUri Q Notice of Special Meeting on each and every member of the City Council of the City of Iowa City in the manner provided in the By -Laws. Witness my hand this 1st day of May , 19 91 �,// east yC/ - -A". t% City Clerk WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned of the do hereby accept service of the NOTICE OF SPECIAL MEETING waiving any and all irregularities in such service and In such Notice and consent and agree that the said of said shall meet at the time and place named in such Notice and for the purposes stated therein. ***SEE ATTACHED*** oro ev aeec RECEIVED 17 INC I ORBEN OEVEEOPME.Y1 I 3 1991 LEGAL • DFS MOIHFS OFFICE WAIVER OF NOTICE AND CALL OF SPECIAL MEETING THE UNDERSIGNED, Mayor and Councilpersons, being all the members of the City Council of Iowa City, Iowa, and all being present at a special meeting of the City Council held at 6:30 o'clock, PM., on the 25th day of March , 1991 , in the Council Chambers at the Civic Center in Iowa City, Iowa, do hereby waive any and all requirements of the calling of a special meeting, pursuant to the Ordinances and Resolutions of the City of Iowa City, as to notice of time and place of the meeting and do hereby consent to the holding of said special meeting for the purpose of see attached agenda. Dated this 25th day of March , 19 91 nF'' ,n Na0sPM _t Uel D04tOPMENi � 1991 tccat • ocs �meics omtc William Ambrisco fIJ J aarr]rel Courtneypusan Horowitz F' Nabmt Nov k SUD-9011 (11-6g) cERTIFIGTE of ncon IRO oFFICER 1, Marian K. Karr , the duly appointed, qualified and acting City Clerk of the City of Iowa City, Iowa do hereby certify that the attached extract from the minutes of the special meting of the City Council of the City of Iowa City , held on April 22, 1991 , Is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IR TESIIXORI 11REREOF, I have hereunto set may hand and the seal of mid City of Iowa City this 23rd day of April , 19 91 . (SEAL) J ¢esu or,ur :dadovrrv+fihrar,rasree. nY,-r�9 10 HUN9012 (11-68) EJ(TRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A SPECTAL MEETING OF THE CITY 0UNr.11 OF THE rTTY OF IOWA CITY HELD ON THE 72ND DAY OF APRTI The City Council of the City of Iowa City met in special meeting at 1 Council Chambers, 410 East Washington Streetn the City of Iowa City a Iowa , at the place, hour, and date duly established for the holding of ouch meting. The Mayor celled the meeting to order and on roll call the following anevered present: Horowitz, Kubby, Larson, McDonald, Novick. and the following vere abeent: Courtney, Ambrisco. The Mayor declared a quorum present. 233978.P HOUSING RECEIVED G (IP.cAN DEpMop,'.EIT I LECAE . D',...,_.. eu.e awenrviierrt vAnriwo ofs�-iTun=ieioivn i �v MIA "W (11 441 The following resolution was introduced by Mayor McDonald ; read in full and considered: Resolution authorizing execution of consolidated Annual Contributions Contract KC -9033V. Project No. IA05-V022-009. Councilmember Kubby moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Councilmember Novick , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS ABSENT Courtney None Ambrisco Horowitz Kubby Larson McDonald Novick The Mayor thereupon declared said motion carried and said resolution adopted. .as■*ttaataa* There being no further business to come before the meeting upon motion duly made and seconded, the meeting wan adjourned. LLEUL 61991 ars ..•M 9b GENERAL CERTIFICATE I, Marian K. Karr, DO HEREBY CERTIFY as follows: 1. That I am the duty appointed, qualified and acting City Clerk of the City of Iowa City (herein called the 'Local Agency!. In such capacity, I am custodian of its records and am familiar with Its organization, membership and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duty created pursuant to the authority of the constitution and statutes of the State of Iowa, Including particularly, the Act of Legislation In the laws of Iowa of 1838-1839 at page 435, and was duly recognized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without Interruption in the performance of Its public corporate purposes. 4. That the names and dates of election or appointment and the dates of the beginning and ending of the terms of office of the members of the governing body of the Local Agency and of Its principal officers are as follows: S. Each of the above-named officers required to do so has duly taken and fled his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated and each is the acting officer holding the respective office or offices stated beside his/her name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he/she holds. 7. None o1 the above-named Councilpersons Is an officer or employee of the City o1 Iowa City. R) DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAME & OFFICE(S) APPOINTMENT TERM OF OFFICE OF OFFICE John McDonald Mayor 1/3/90 1/3/90 1/2192 Councilmember 1117189 1/3/90 1/2194 Susan Horowitz Mayor Pro tem 1/3/90 1/3/90 1/2192 Councilmember 11/3/87 1/2188 1/2/92 William Ambrisco Councilmember 1113/87 1/2188 1/2/92 Darrel G. Courtney Councilmember 11/7/89 1/3/90 1/2194 Karen Kubby Councilmember 1/10/89 1/11/89 1/2192 Randy Larson Councilmember 11/3/87 1/2188 1/2/92 Naomi Novick Councilmember 11/7/89 1/3/90 1/2194 Stephen J. Atkins City Manager 6/17/86 6/17/86 Indefinite Linda Newman Gentry City Atty. 4/17/90 4/17/90 Indefinite Marian K. Karr City Clerk 4/12183 4/12183 Indefinite S. Each of the above-named officers required to do so has duly taken and fled his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated and each is the acting officer holding the respective office or offices stated beside his/her name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he/she holds. 7. None o1 the above-named Councilpersons Is an officer or employee of the City o1 Iowa City. R) Page 2 General Certificate SinceDecember 17, 1985, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval and publication of resolutions, ordinances or other meas- ures, relating to the approval and execution of contracts and the authorization, award, execution or issuance of bonds, notes or other obligations of the Local Agency; f) The officers required to sign, countersign or attest contracts, bonds, notes or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper and only official corporate seal of the Local,Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 3rd day of April , 19j]_. M slew. -.-K 7� 7�c�.✓ IdAkIA`N K. KARR CITY CLERK ra_^..�5C71t;c go b. R5 b RESOLUTION NO. 91-81 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER NORTH COURT ADDITION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ARCHITECT TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the above-mentioned project is to be held on the 14th day of May 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plan of the above-named project is hereby ordered placed on file by the City Architect in the office of the City Clerk for public inspection. It was moved by Courtney and seconded by adopted, and upon roll call there were: Horowitz the Resolution be AYES: NAYS: ABSENT: x Ambrisco x �— Courtney �— Horowitz Kubby x Larson x McDonald x Novick Passed and approved this 22nd day of April '1991. /MYOR Approved by ATTEST: 7;�/ �ti CITY CLERK energylnctadd.res Ci Attorney's Office y i-7- s/ MA R,.s ?),�_ RESOLUTION NO. 91-82 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY91 ASPHALT RESURFACING PROJECT. WHEREAS, L.L. Palling has submitted the best bid of $607,749.39 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the construction of the above-named project is hereby awarded to L.L. Palling, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by courtne3 and seconded by Kuhh, the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 22nd day of YOR ATTEST: CITY -CLERK \pweng\pelling.res ABSENT: x Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. lY pveS J RESOLUTION NO. 91-83 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT. WHEREAS, Maxwell Construction Company has submitted the best bid of $489,012.30 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the construction of the above-named project is hereby awarded to Maxwell Construction Company, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Novick and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: Passed and approved -this 22nd day of ATTEST: ) -A(" ZtLJ CITY -CLERK 1pwengVnaxwell.res ABSENT: X Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. �3 in L RESOLUTION NO. 91-84 RESOLUTION TEMPORARILY CLOSING STREET RIGHTS OF WAY ABUTTING BLOCK 85 ORIGINAL TOWN AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS, The University of Iowa will be undertaking the construction of a new academic building to house the College of Business in the block bounded by Capitol, Market, Clinton, and Jefferson streets; and WHEREAS, the University wishes to secure the construction site against pedestrian and vehicular traffic, while obtaining off-site storage for construction equipment and vehicles so as not to interfere with traffic safety; and WHEREAS, Parties acknowledge the need to provide off-site storage for construction equipment and materials in order to construct the academic building on or near the property line fronting a public street; and WHEREAS, the Parties acknowledge the City's need to assure a safe construction site at a properly safe distance from traffic so as not to impede traffic or endanger lives or property; and WHEREAS, an Agreement for the use of public right-of-way containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following public rights-of-way are hereby temporarily closed: Capitol Street from the north property line of Jefferson Street to the south property line of Market Street; Market Street between the south curb line and the south property line from the west curb line of Capitol Street to the west curb line of Clinton Street; Clinton Street between 10 feet east of the west curb line and the west property line from the south curb line of Market Street to the north curb line of Jefferson Street; and Jefferson Street between the north curb line and the north property line from the west curb line of Capitol Street to the west curb line of Clinton Street. Such temporary closing to take effect upon the announcement by the Director of Public works, but not prior to June 28,1991, and to continue not longer than 700 days thereafter. 2. The Agreement for use of Public Right-of-way attached hereto is approved, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City. Resolution No. 91-84 Page 2 It was moved by Courtney and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 22nd day of . April , 1991. . ATTEST: ,) CITY LERK city-ui.res • .. . Office Ci4j hfpef� AGREEMENT This Agreement is made between The University of Iowa ("University's and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the University of Iowa will be undertaking the construction of a new academic building to house the College of Business in Block 85 Original Town; and WHEREAS, the University wishes to secure the construction site against pedestrian and vehicular traffic, while obtaining off-site storage for construction equipment and vehicles so as not to interfere with traffic safety; and WHEREAS, Parties acknowledge the need to temporarily close street rights-of-way to provide off- site storage for construction equipment and vehicles in order to construct the academic building on or near the property line fronting a public street; and WHEREAS, the Parties acknowledge the City's need to assure a safe construction site at a properly safe distance from traffic so as not to impede traffic or endanger lives or property; and WHEREAS, the City agrees to temporarily close the following street rights-of-way to accommodate said construction: Capitol Street from the north property line of Jefferson Street to the south property line of Market Street; Market Street between the south curb line and the south property line from the west curb line of Capitol Street to the west curb line of Clinton Street; Clinton Street between 10 feet east of the west curb line and the west property line from the south curb line of Market Street to the north curb line of Jefferson Street; and Jefferson Street between the north curb line and the north property line from the west curb line of Capitol Street to the west curb line of Clinton Street. NOW, in mutual consideration of the promises herein, Parties agree as follows: In consideration for temporary use of City right-of-way abutting Block 85 Original Town during construction of the academic building, the University agrees to secure the construction site against pedestrian and public traffic by fencing off the entire frontage and agrees that this fencing will extend to the depths of the City's right-of-way to include all the area temporarily closed by the City, with allowance for the need to provide limited access for utility maintenance and fire and other emergency access. 2. The University agrees to provide and keep in place and in good working condition signage necessary to a. Reroute pedestrians b. Provide advance warning C. Provide for the orderly and predictable movement of traffic All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 2 3. University agrees to restore all rights-of-way temporarily dosed to Its pre -construction condition, and to the City's satisfaction after construction is completed. 4. Parties agree this Agreement shall be in effect for a period not to exceed 700 days; beginning at the announcement by the Director of Public Works of the temporary dosing of the above-named street rights-of-way and ending upon substantial completion of the work. 5. In the event of breach of this Agreement, City may, at its discretion, elect to give notice to the University to remove all construction equipment and/or obstructions from the City rights-of-way abutting Block 85 Original Town as provided in Section'364.12, Code of Iowa (1989); and in the event the University does not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal, of the equipment and/or any other obstructions from the rights-of-way, and. to assess the cost of such removal against the University. 6. The University agrees to indemnify, defend and hold the City harmless against any and all claims arising out of this Agreement, including any claims and/or liability which the City may incur as a result of its decision to permit temporary storage of construction equipment and materials in and along the City's rights-of-way abutting Block 85 Original Town to the full extent permitted by Chapter 25A of the Code of Iowa, entitled "Tort Claims,' and according to the procedures set forth therein. 7. The University agrees to assume responsibility for property losses and personal injuries and claims of such damages arising out of its use of the street rights-of-way which are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 25A of the Code of Iowa, entitled "Tort Claims,' and according to the procedures set forth therein. Dated and signed this Z2 !d day of A•;1 1991. CITY OIf IOWA CITY, IOWA UNIVERSITY OF IOWA By W ¢7L John McDonald, Mayor Attest: ,�) Marian K. Karr, City Clerk pwadmin\city-ui.agt It �'eo B , RESOLUTION NO. 91-85 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY91 OPERAT- ING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:30 p.m., May 28, 1991, to permit any citizen to be heard for or against the proposed amendment to the FY91 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by Courtney and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 14th day of May - , 1991. YOR Approved by �ATTEST:�,�'� CITY�tLERK-City Attorney's Office finedm\operbdg.res e-9/ TJ �es -BK RESOLUTION NO. 91-86 RESOLUTION OF INTENT TO CONVEY, BY QUITCLAIM DEED, A PORTION OF VACATED COURT STREET AND A VACATED NORTH -SOUTH ALLEY IN BLOCK 94, ORIGINAL TOWN, TO THE STATE BOARD OF REGENTS FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA. WHEREAS, on July 10, 1990, by Ordinance No. 90-3464, the City of Iowa City vacated a portion of Court Street, and also a north -south alley located in Block 94, Original Town; and WHEREAS, the State Board of Regents for the State University of Iowa wishes to use the above vacated areas for University purposes; and WHEREAS, upon vacation of dedicated right-of-way, reversion to the State of Iowa occurs by operation of law, since Original Town was a patent from the State of Iowa; and WHEREAS, the City has no need for said vacated right-of-way, and a quitclaim deed to the University of Iowa will show chain of title. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Council does declare its intent to convey the City's interest remaining, if any, in a portion of vacated Court Street, and a vacated north -south alley in Block 94, Original Town, to the State Board of Regents on behalf of and for the benefit of the State University of Iowa, located in Iowa City, Iowa, as shown in the quitclaim deed and location plan attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED THAT: A public hearing on said proposal to convey be set'for May 28, 1991, at 7:30 p.m. in the Council Chambers of the Civic Center located in Iowa City, Iowa, and that the City Clerk is hereby directed to cause notice of public hearing on the matter to be published, as provided by law. It was moved by Courtney and seconded by adopted, and upon roll call there were: AYES: NAYS: Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 0 Resolution No. 91-86 Page 2 Passed and approved this 14th day of ATTEST: ClT LERK \courtst.res May 1991. Ap roved )City Attorney's Office .5_ 9_ f/ SPACE ABOVE TIIIS UNE QUITCLAIM DEED FOR RECORDER For the consideration of V -on Dollar(s) and other valuable consideration, City of Iowa, a municipal corporation This conveyance is exempt from transfer tax under §428A.2(6) Code of Iowa (1991). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be Construed as in the singular or plural number, and as masculine or feminine gender, according to the context. FORWE LEGAL EFFECT OFT ME USE OF MIS FORM. CONSULT YOUR LAWTER STATE OF IOWA, JOHNSON COUNTY,, ss: On this day of .19 91 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared lnhn MrDnnald and Marian K. Karr , tome personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa r.ity , Iowa; a municipal Corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the Corporation, by authority of its City Council, as contained in Ordinance No. passed by Resolution of the City Council under Roll Call No. of the City Council on the 19—;and John McDonald and Marian K. Karr acknowledged the execution of the instrumento be theirvoluntary act and deed and the voluntary act and deed of the corporatiori, by it voluntarily executed. IMM IOWA STATE BAR ASSOCIATION OlndAl Form N0.182 ITadaMaM1 Re,iab,M. S18tedic—,1967) ME Printing January,1886 Notary Public in and for said State. IS....p E.38. Codea110.' Acknowledgement: For use in the case of municipalities do hereby Quit Claim to The State of Iowa Board of Regents on behalf of The State University of Iowa / all our right, title,interest,estate, claim and demand in the following described real estate in Johnson County, Iowa: The remaining eighty (80) foot portion of vacated Court Street right-of-way lying west of Front Street, and the vacated north -south alley in Block 94, Original Town, all as vacated by the City of Iowa City, Iowa Ordinance No. 90-3464 and dated July 10, 1990, all as described on the attached Location Plan marked - Exhibit A. This conveyance is exempt from transfer tax under §428A.2(6) Code of Iowa (1991). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be Construed as in the singular or plural number, and as masculine or feminine gender, according to the context. FORWE LEGAL EFFECT OFT ME USE OF MIS FORM. CONSULT YOUR LAWTER STATE OF IOWA, JOHNSON COUNTY,, ss: On this day of .19 91 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared lnhn MrDnnald and Marian K. Karr , tome personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa r.ity , Iowa; a municipal Corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the Corporation, by authority of its City Council, as contained in Ordinance No. passed by Resolution of the City Council under Roll Call No. of the City Council on the 19—;and John McDonald and Marian K. Karr acknowledged the execution of the instrumento be theirvoluntary act and deed and the voluntary act and deed of the corporatiori, by it voluntarily executed. IMM IOWA STATE BAR ASSOCIATION OlndAl Form N0.182 ITadaMaM1 Re,iab,M. S18tedic—,1967) ME Printing January,1886 Notary Public in and for said State. IS....p E.38. Codea110.' Acknowledgement: For use in the case of municipalities C W T co OO .. CD 4 -CU I U > O J h, BURLINGTON E COURT HARRISON f l F----1 ioo Apo Mi h, BURLINGTON E COURT HARRISON f l F----1 ioo Apo STREET STREET io ,00 `7s-2774. 0 N O M �7s-z7x d I7Ni 0 Q 44 STREET STREET io ,00 `7s-2774. 0 N O M �7s-z7x d I7Ni 0 Q RESOLUTION NO. 91-87 RESOLUTION APPROVING FINAL PLAT OF WHISPERING MEADOWS, PART 1. WHEREAS, the owner and -subdivider, CB Development, Ltd., have filed with the City Clerk, the final plat of Whispering Meadows, Part I, Iowa City, Johnson County, Iowa, and WHEREAS, said subdivision is located on the following -described real estate located in Iowa City, Johnson County, Iowa, to wit: Commencing at a Concrete Monument, found at the Southeast Corner of Section 23, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N88021'05"E, a recorded bearing, along the South Line of the Southwest Quarter, of the Southwest Quarter, of Section 24, Township 79 North, range 6 West of the 5th Principal Meridian, 1319.45 feet, to a 5/8 inch Iron Pin found at the Southeast Comer, of said Southwest Quarter of the Southwest Quarter of Section 24, which is 3949.59 feet, S88027'56"W, of the Southeast Corner of said Section 24, all in accordance with the Plat of Survey Exhibit, recorded in Deed Book 1053, at Page 40, of the records of the Johnson County Recorder's Office; Thence N00009'02"W, a recorded bearing, along the East Line of the Parcel, the survey of which is recorded in Plat Book 7, at Page 63, of the Records of the Johnson County Recorder's Office, 324.98 feet, to the Point of Beginning; Thence N52017'27"W, 301.69 feet; Thence S26'40'11 "W, 131.05 feet; Thence Northwesterly, 24.68 feet, along a 196.07 foot radius curve, concave Southwesterly, whose 24.66 foot chord bears N66056'11"W; Thence N19027'26"E, 131.05 feet; Thence N77008'32"W, 138.60 feet; Thence N05037'19"E, 84.49 feet; Thence N44021'35"W, 120.00 feet; Thence Northeasterly, 74.11 feet, along a 347.73 foot radius curve, concave Northwesterly, whose 73.97 foot chord bears N39032'04"E; Thence S56034'1 7"E, 120.00 feet; Thence N27007'22"E, 70.23 feet; Thence N10019'08"E, 75.73 feet; Thence N0702745"W, 75.73 feet; Thence N25014'39"W, 75.73 feet; Thence N52°26'11 "W, 107.14 feet; Thence N79°44'54"W, 54.84 feet; Thence S81°03'51"W, 136.33 feet; Thence S14005'33"W, 110.78 feet; Thence N63021'33"W, 166.28 feet; Thence Southwesterly, 21.31 feet, along a 611.85 foot radius curve, concave Northwesterly, whose 21.31 foot chord bears S27038'1 9"W; Thence N61021'49W, 181.31 feet; Thence S48013'32"W, 64.60 feet; Thence N63°21'11 "W, 64.40 feet; Thence N89057'36"W, 135.46 feet, to a 5/8 inch Iron Pin found at the Southeast Comer of Lakeside Addition, to Iowa City, Iowa, as recorded in Plat Book 9, at Page 99, of the records of the Johnson County Recorder's Office; Thence N00002'42"E, along the east Line of said Lakeside Addition, 927.00 feet; Thence S89057'18"E, 464.58 feet; Thence Northeasterly 209.03 feet, along a 233.00 foot radius curve, concave Northwesterly, whose 202.09 foot chord bears N64020'38"E; Thence N38038'34"E, 682.93 feet; Thence S51 °21'26"E, 148.84 feet, to a point on the East Line of said Survey recorded in Plat Book 7, at Page 63; Thence S00009'02"E, 2202.49 feet, to the Point of Beginning. Said tract of land contains 36.30 acres, more or less, and is subject to easements and restrictions of record. and Bri Resolution No. 91-87 Page 2 WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision, and have recommended approval of same; and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of Iowa. and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement is hereby accepted as by law provided. BE IT FURTHER. RESOLVED, that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents, upon the approval of the City Attorney, relating to said subdivision, and to certify a copy of this Resolution to the Office of the Johnson County Recorder. It was moved by Ambrisco and seconded by Xubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this ATTEST 14th day of May 1991. ppdadmkwhsmed.res a• Res.BV. RESOLUTION NO. 91-88 RESOLUTION APPROVING THE PRELIMINARY PLAT OF APPLE RIDGE SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, Greg Apel has, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Apple Ridge Subdivision; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that the plat be accepted and approved, subject to certain conditions; and WHEREAS, the preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL.OF IOWA CITY, IOWA: That the preliminary plat of Apple Ridge Subdivision is hereby approved, subject to (1) the developer constructing Weeber Street in compliance with the final plat of the extension of Weeber Street, Resolution No. 89-85; (2a) the developer landscaping Lot A as a buffer between the residential subdivision and Highway 1 West, and that Lot A be assigned to a homeowners association for maintenance; (2b) the stormwater detention basin be assigned to a homeowners association for maintenance; (2c) all of Lot 22 be assigned to a homeowners association for maintenance until such time it is sold by the developer. This would not alter the homeowners association's responsibility under item 2b; (3) the sidewalk on Lot A being built at the time of street construction; (4) the developer coordinating with the owners of Lots 76, 77, 78 in Bryn Mawr Heights the reconstruction of Edingale Drive paving due to sanitary sewer installation; (5) the subdivider establishing an escrow account for the construction of the unpaved portion of Edingale Drive; (6) the unpaved portion of Edingale Drive not be opened as a_public right-of-way until such time as the City designates it as such; (7) prior to final plat approval, the Federal Aviation Administration be given the opportunity to review the subdivision plan for substantial changes; (8) the landscape plan for Lot A be approved. by the City Forester by the time of final platting. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. go Resolution No. 91_aa Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: Novick ASSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 14th day of May 1991, OR U Approv y ATTEST: :2 w I LERK City Attorney's Office g \applddg.res M001 Re .5 g,L RESOLUTION NO. 91-89 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL PLAN FOR U.S. WEST COMMUNICATIONS. WHEREAS, the owner, U.S. WEST Communications, has filed with the City Clerk of Iowa City, an application for approval of a preliminary and final Large Scale Non -Residential Development Plan for U.S. WEST Communications, which is legally described as follows: Lot 12, BDI Fifth Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 29, Page 74, plat records of Johnson County, Iowa. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation, the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan for U.S. WEST Communications is found to conform with all of the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the preliminary and final Large Scale Non -Residential Development Plan of U.S. WEST Communications is hereby approved. It was moved bYAmbrisco — adopted, and upon roll call there were: and seconded by Horowitz the Resolution be AYES: NAYS: ABSENT: X Ambrisco X Courtney X_ Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 14th day of May 1991. OR Approv by ATTEST: /fiaadr�� 7C CITY CLERK City Attorney's Office I l/ USWest.res M1 NtbULU I IUN N0. 91-90 R �(c RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NORTH COURT ADDITION TO THE IOWA CITY CIVIC CENTER, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project were placed on file in the City Clerk's office, notice of public hearing was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project, on file in the City Clerk's office, are hereby approved as to form and content. 2. That the amount of bid security to accompany each bid for the construction of the above-named Project shall be In the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than twenty (20) nor more than thirty (30) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 18th day of June, 1991. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 25th day of June, 1991. Itwas moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney — x Horowitz x Kubby x Larson x McDonald x Novick Passed - -, ATTEST energy\nMuMplans.res lk n _ .L 1 RESOLUTION NO. 91-91 RESOLUTION AUTHORIZING AND APPROVING AN AMENDED 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS, the City of Iowa City is the recipient of the Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, on November 13, 1990, the City of Iowa City adopted Resolution No. 90-214, authorizing filing of the 1991 CDBG Program Statement; and WHEREAS, there has been an increase of $112,000 in the Iowa City 1991 CDBG entitlement allocation from the estimated budget approved in November, 1990; and WHEREAS, certain changes in specific CDBG projects are necessary, as outlined in the revised Budget Summary for the 1991 CDBG Program year, attached herewith as Exhibit A; and WHEREAS, on April 16, 1991, the Committee on Community Needs recommended approval of such revised budget; and WHEREAS, the City of Iowa City has provided the residents of the community with an opportunity to comment on the allocation of this additional funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the amended 1991 Community Development Black Grant Program Budget, as more particularly described in Exhibit A, is hereby authorized and approved. It was moved by Kubby and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS X X ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 14th day of May 1991. OR Appro d y ATTEST:1�►GtuA� X. 7C�wnJ CI CLERK City Attorney's Office S vI amend9Lres 7r COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY - 1991 PROGRAM YEAR ACQUISITION EXHIBIT A Approved Revised 11/13/90 5/14/91 Villa Garden Apartments 0 $ 30,000 PUBLIC FACILITIES AND IMPROVEMENTS Roosevelt Neighborhood Open Space Development (MYEP) $23,000 25,000 Broadway Street Neighborhood Center $28,000 28,000 III. HOUSING ACQUISITION AND REHABILITATION Housing Rehabilitation (includes Rental Rehab and Section 312 Admin) $280,000 317,336 Greater Iowa City Housing Fellowship - Transitional Housing $13,500 13,500 Youth Homes Structured Community Independent Living Services - Transitional Housing $21,500 33,168 ESA Small Repair Program $17,500 17,500 Housing Downpayment Assistance $11,000 11,000 IV. ECONOMIC DEVELOPMENT SBDC Small Business Assistance $6,000 6,000 V. ARCHITECTURAL BARRIER REMOVAL Hoover School Accessible Playground - Phase 3 $9,000 9,000 Goodwill Renovation - Accessibility and Expansion $27,000 27,000 Systems unlimited - Door Openers 0 3,550 VI. PUBLIC SERVICES Aid to Agencies $81,000 81,000 VII. ADMINISTRATION General Program Administration $95,000 111,000 Planning and Program Development $9,200 9,200 CDBG Small Business Assistance $2,000 2,000 VIII. CONTINGENCY $26,300 32,750 TOTAL ' $650,000 $757,004 SOURCES OF FUNDS 1991 CDBG Entitlement $540,000 $652,000 1990 Carryover and Program Income $110,000 67,668 1990 Rehab Carryover 37.336 TOTAL $650,000 $757,004 budget.sum RESOLUTION NO. qi-g2 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE FOURTEENTH RENEWAL OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY'FOR TRANSIT SERVICES. WHEREAS, it is in the public interest to provide transit service to Iowa City residents who have special transit needs due to age or disability, and WHEREAS, the Johnson County SEATS program is designed to provide special transit service for elderly persons and persons with disabilities, and WHEREAS, Iowa City and Johnson County did, on August 23, 1977, enter into a 28E agreement for the purposes of providing such service, which agreement has been recorded in the Johnson County Recorder's Office at Book 501, Page 303, and WHEREAS, a Fourteenth Renewal Agreement has been negotiated by said parties in order to continue delivery of special transit service to Iowa City residents in FY92, and a copy of said agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Fourteenth Renewal of a 28E Agreement for transit services is hereby approved. 2. That the Mayor is hereby authorized to execute and the City Clerk to attest said Renewal Agreement. 3. That the City Clerk is directed to file said Renewal Agreement with the Secretary of the State of Iowa and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 14rh day of May , 1991. OR Appro b ATTEST• //I� 41. CIT CLERK City Attorney's Office 5�qj jccogtpl28e 14icr. res ga FOURTEENTH RENEWAL OF A 28E AGREEMENT FOR TRANSIT SERVICES This Fourteenth Renewal Agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. WHEREAS, the parties hereto wish to renew their Agreement for Transit Services which is recorded in Book 501, Page 303 in the Office of the Johnson County Recorder: BE IT AGREED by and between Johnson County, Iowa, hereinafter referred to as the County, and the City of Iowa City, Iowa, hereinafter referred to as the City, as follows: 1. The fourteenth renewal term of the 28E Agreement referred to above, as amended, shall commence July 1, 1991, and continue for one year through and including June 30, 1992. 2. The County shall operate the service within the corporate limits of Iowa City from 6:00 a.m. until 10:30 p.m., Monday through Friday; 6:00 a.m. to 7:30 p.m. on Saturday; and 8:00 a.m. to 2:00 p.m. on Sunday; except for holidays established by the Johnson County Board of Supervisors. All specific operational decisions shall be made by the Board of Supervisors and the SEATS Manager to maximize responsiveness to demand and productivity. 3. The County shall continue to request a donation from City residents using the SEATS system. All such donations will be retained by the County to help defray operating expenses. The average donation per passenger in FY92 will be used to establish a basis for payment by the City to the County in FY93. During FY92 the County shall provide the City with daily data sheets which include the origin, destination, and time for each City trip, and a total of City donations for each day. 4. For service operated from 7:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday and Sunday, the City agrees to pay the County $4.44 per one-way trip for each City passenger carried. All remaining service shall be charged to the City at a rate of 514.24 per vehicle hour of service. Total funding by the City for service during FY92 shall not exceed $252,000. 5. The City agrees to provide indoor storage of 13 SEATS vans at the Iowa City Transit garage. SEATS personnel will have access to vans parked at the Iowa City Transit garage during Iowa City Transit's regular hours of operation. Iowa City Transit personnel shall be permitted to move SEATS vans which are parked at the transit garage, if needed. This section of the Agreement will be void if fleet expansion by Iowa City Transit utilizes all available vehicle storage space. 6. The City shall make its fueling facility available to SEATS. The City shall determine the specific scheduling arrangements for this service. The County agrees to pay fuel costs based upon the invoiced cost to the City. The City shall invoice the County monthly, providing itemized fuel usage by vehicle. Payment shall be made by the County within 30 days from date of invoice. The City shall not be held liable for delays in fuel shipments, supplying fuel during periods of equipment malfunction, or fuel shortages. 2 7. The County shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all claims, suits, liabilities, judgments, costs or expenses, which may in any way be made or claimed against the City in consequence of this agreement. The County shall, at its own expense, provide insurance protection with respect to this indemnification agreement. 8. The original Agreement between the parties shall, to the extent not inconsistent herewith, remain in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 14thday of May , 1991. CITY OF IOWA CITY, IOWA By: D"� John McDonald, Mayor Attest: -e yk�J City -Clerk 'ILEI Inhnson Co:, low? MAY 2 31991 !�«- t 9 � 28eagr.ic COUNTY AUDITOR JOHNSON COUNTY, IOWA By: /�.QP,0� BetK Ockenfels, 9hairperson V Board of Supervisors Attest: -r, I'L! / County Auditor Approv by City Attorney's Office .5/ '61.11 �6.-BK, RESOLUTION NO. 91-93 RESOLUTION ACCEPTING THE WORK FOR THE SYCAMORE VIEW NEW CONSTRUCTION HOUSING PROJECT. WHEREAS, the Community Development Block Grant Division has recommended that the improvements covering the Sycamore View new construction housing project as included in a contract between the City of Iowa City and Glasgow-Thomae Development Company of Iowa City, Iowa, dated October 22,1990, be accepted, and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 14th day of May QQ, 1991. YOR Appro ATTEST: CITY -CLERK City Attorney's Offices tet/ \sycconst.res Cf3 RESOLUTION NO. 91-94 RESOLUTION AUTHORIZING THE CONVEYANCE TO MICHAEL P. AND ELLEN L. MATTES, OF THE CITY'S INTEREST IN LOT 5 OF THE SYCAMORE VIEW SUBDIVISION FOR $67,000. WHEREAS, the City of Iowa City has undertaken a project to secure the development of new single-family residential dwellings for moderate -income first-time homebuyers utilizing City -owned property known as the Sycamore View Subdivision; and WHEREAS, in conjunction with the intention to sell said properties, the City advertised for income - eligible first-time homebuyers; and WHEREAS, upon review of applications submitted to the City and mortgage approval from their lenders, the following income -eligible first-time homebuyers have been selected to purchase a property in the Sycamore View Subdivision; and WHEREAS, a public hearing was held on this proposal to convey the City's interest in real property on April 16, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the conveyance of its interest in the following properties located at Sycamore View Subdivision: To Michael P and Ellen L. Mattes for $67,000 for Lot 5, Sycamore View Subdivision. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute and attest all instruments and documents approved by the City Attorney to carry out the conveyance. It was moved by Nnvi rk and seconded by xubbv the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 14th day of May 1991. kYOR Approved by ATTEST: %%b� a , ) CITY'CLERK City Attorney's Office S q/ PPdcdbg\5sycvw.res cli RESOLUTION NO. 91-95 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency Housing Shelter, and the Youth Emergency Shelters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Agreement for Iowa Emergency Shelter Grants Program funding attached hereto, and made a part hereof, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Grants Program funding. It was moved by Courtney and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X _X X Passed and approved this 14th day of May Horowitz ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick the Resolution be 1991. ATTEST:�ho.� yl'. 26 � CITY CLERK iccog hs/agt-ided. res !.5 Issuing Agency: Department of Economic Development Grantee: City of Iowa City, Iowa Fiscal Summary Federal Contract Title: Iowa Emergency Shelter Grants Program Contract Number: 91 -ES -006 Grantee Tota Amount: $ 65,155 $65,155 $130,310 Source Agency/Law: U.S. Department of Housing and Urban Development; Stewart B. McKinney Homeless Assistance Act of 1988 Type: Cost reimbursement Effective Date: July 1, 1991 Submit requisitions, to: ESGP Data Analyst Department of Economic Development 200 East Grand Avenue Des Moines, IA 50309 Expiration Date: June 30, 1992 Issue payment to: City of Iowa City 410 E. Washington St. Iowa City, IA 52240 The Grantee agrees to perform all services set forth in the attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties to this Contract shall be subject to and governed by the Special Conditions and the General Conditions. To the extent of any inconsistency between the Special Conditions or the General Conditions, and any specifications or other conditions which are made a part of this Contract, by reference or otherwise, the Special Conditions and the General Conditions shall control. To the extent of any inconsistency between the Special Conditions and the General Conditions, the Special Conditions shall control. IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last specified below. Grantee: City o Iowa City, Iow� By: ayor Date: 5_IJAJ q P �G MY Attomty'e Office Issuing Agency: Department of Economic Development < 1 � Allan T. Thoms Director Date: 76 Grantee: City of Iowa City, Iowa Contract No. 91 -ES -006 Page #2 Article 1.0 Identification of Parties. This contract is entered into by and between the Iowa Department of Economic Development, (hereafter referred to as the Department) and the City of Iowa City, Iowa (hereafter referred to as Grantee). Article 2.0 Statement of Purpose. WHEREAS, Iowa's cities need to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Emergency Shelter Grants Program has been created by Congress to lessen this problem; and WHEREAS, the Department has been designated to administer the Emergency Shelter'Grants Program in Iowa; and WHEREAS, the Grantee has the necessary ability to develop and carry out emergency shelter activities, and has been approved for funding; THEREFORE, the parties hereto do agree as follows: Article 3.0 Area Covered. The Grantee shall perform all the work and services required under this Contract in relation to providing emergency shelter assistance to: Domestic Violence Shelter, Emergency Housing Shelter, and Youth Emergency Shelters I and II. Article 4.0 Statement of Work and Services. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the approved grant proposal as summarized in the Grantee's approved 1991 Emergency Shelter Grants Program Schedule. This Program Schedule is hereby made a part of this Contract by reference. Article 5.0 Reports and Products. reports: Report Activity Status Report ("D") Payment Request/Status of Funds ("C") Summary Performance Resort ("E") Audit Report The Grantee shall submit the following Due Date 10th of the month accompanying any funds request (original and one copy) 10th of every month when requesting funds (original and three copies) Within 30 days of Contract Completion and within 15 days of the end of a calendar year. In accordance with Single Audit Act of 1984. The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more 56 Grantee: City of Iowa City, Iowa Contract No. 91 -ES -006 Page #3 frequent submissions would help improve Grantee's Emergency Shelter Grants Program. Article 6.0 Designation of Officials. 6.1 Department - The Director of the Iowa Department of Economic Development, or his designee, is the Department official authorized to execute or negotiate any changes in the terms, conditions, or amounts specified in this Contract. 6.2 Grantee - The Mayor of the City of Iowa City, Iowa, is the Grantee official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. The Human Services Coordinator of the City of Iowa City is designated to negotiate, on behalf of the Grantee, any changes to this Contract. Article 7.0 Time of Performance. The services of the Grantee are to commence as of the 1st day of July, 1991 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1992. Article 8.0 Additional Special Conditions. 8.1 Audit Requirements. Grantee audits shall be conducted in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128, and the GAO publication "Standards for Audit of Governmental Organizations, Programs, Activities and Functions." 8.2 Performance of Conditions Precedent. The Grantee certifies that it has satisfied all conditions precedent to the award of the Contract. 8.3 Compliance with Environmental Requirements. Funds shall not be released under this Contract until the Grantee has satisfied the environmental requirements set forth in 24 CFR Part 576, "Emergency Shelter Grants Program". 8.4 Administration. The Contract shall be administered in accordance with Chapter 24, Iowa Administrative Code and all applicable State and Federal law and regulations. 8.5 Local Effort Requirements. 8.5.1 Cash. If the grantee agrees to provide cash contribution to the'Project as part of the approved budget summary then such contribution shall be provided in accordance with the contract budget and program schedules. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. 8.5.2 In -Kind. If the grantee agrees to provide in-kind contributions to the Project then said contribution Grantee: City of Iowa City, Iowa Contract No. 91 -ES -006 Page #4 shall be as shown in the approved budget and program schedules. 8.5.3 It is expressly understood by the Grantee that should local effort not at least equal grant funds expended the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (Article 5.0) the grantee shall identify the cash and in-kind local efforts contributed during the report period. 8.6 Prior Costs. If the Grantee has received written approval from the Department to incur certain costs prior to the effective date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and made a part of this Contract by this reference as if fully set forth. Any such costs incurred prior to the effective date of this Contract are subject to the Special Conditions and General Conditions of this Contract. 8.7 Failure to Achieve Performance Targets. In the event that the Grantee does not achieve the performance targets specified in the Program Schedule, then federal funds awarded will be subject to _disallowance. The maximum percentage of federal funds which may be disallowed due to failure to achieve performance targets will be equal to the percentage of the performance targets not achieved. Article 9.0 Conditions of Paynent 9.1 Maximum Payments. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget under Article 10.0 subject to Section 4.0 herein. It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed sixty-five thousand one hundred fifty-five dollars ($65,155) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Payment Request/Status of Funds. All payments to the Grantee shall be subject to the receipt by the Department of a request/status of funds report. The requisition shall be made according to the format specified by the Department and accepted by the Agency not more often than once per month as required in Article 5.0. Such request will clearly identify program funds on hand, total expenditure and match to date, and any amount classified as advance per 24 CFR 576.83. Any funds drawn down shall be expended within 10 calendar days of receipt, or shall be returned to the Department immediately in accordance with the requirements of 24 CFR 576.83. The Department reserves the right to withhold funds until it has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. y5 Grantee: City of Iowa City, Iowa Contract No. 91 -ES -006 Page #5 9.3 Receipt of Federal Funds. All payments hereunder shall be subject to the receipt of federal grant funds by the Department. The termination, reduction, or delay of federal grant funds to the Department shall, at the option of the Department, be reflected in a corresponding modification to the conditions of this Contract. 9.4 Subrecipient Agreement. The Department, prior to the release of funds for the Activity(ies), shall review and approve the subrecipient agreement between the grantee and approved subrecipient(s). 9.5 Residential Anti/Displacement and Relocation Assistance Plan Approval. The Department, prior to release of funds for the Activity(ies), shall review and approve the Grantee's Residential Anti/Displacement and Relocation Assistance Plan, consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974, as amended. 9.6 Excessive Force By Law Enforcement (Nonviolent Civil Rights Demonstrations). The Department, prior to release of funds for the Activity(ies), shall review and approve the grantee's Policy Prohibiting the Use of Excessive Force Against Individuals Participating in Nonviolent Civil Rights Demonstrations, consistent with the requirements of Section 519 of Public Law 101-144, (the HUD appropriations Act). Article 10.0 Project Budget GRANTEE: City of Iowa City CONTRACT NUMBER 91 -ES -006 ESGP GRANTEE TOTAL Act. 1 - Renovation/Rehabilitation $ 29,050 $ -0- $ 29,050 Act. 2 - Essential Services $ -0- $ -0- $ -O- Act. 3 - Maintenance, Operation, Insurance, Utilities, and Furnishings $ 33,750 $ 65,155 $ 98,905 Act. 4 - Homeless Prevention $ -0- $ -0- $ -0- Grantee Administration $ 2,355 $ -0- $ 2,355 TOTALS $ 65,155 $ 65,155 $130,310 rmm GENERAL CONDITIONS IOWA EMERGENCY SHELTER GRANTS PROGRAM (1991) Section 1.0 Amendment of this Document The Department or the Grantee -may, during the duration of this Contract, deem it necessary to make alterations to the provisions of this Contract. Any changes to the Special and/or General Conditions of this Contract, which are approved by the Department, shall be incorporated herein. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A.waiver of any condition of this contract must be in writing from the duly authorized official of the Department specified in Article 6.1 of the Special Conditions. Section 2.0 Patent and Covvrieht No material or product produced in whole or in part under this Contract shall be subject to patent or copyright by the Grantee in the United States or in any other country. Section 3.0 Accounts and Records 3.1 Accounts - The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs and expenses incurred and revenues received under this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract,'as specified in Chapter 24.12, Iowa Administrative Code and OMB Circular A-102. 3.2 Audit and Inspection - At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make available to the Department, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this Contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Contract. 3.3 Audit Policy - Audits shall be performed in accordance with the Single Audit Act of 1984, P.L.-98-502 as implemented by OMB Circular A-128 and the GAO publication "Government Auditing Standards". 3.4 Retention of Records - All records in the possession of the Grantee pertaining to this Contract shall be retained by the Grantee for a period of three (3) years beginning with the date of the final close-out and audit acceptance. All records shall be retained beyond the three year period if audit findings have not been resolved within that period. Records for non - expendable property acquired under this Contract shall be retained for a three (3) year period after the final disposition of property. Additional records shall be retained in accordance with Chapter 24, Iowa Administrative Code. 1 96 termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department share of the noncancellable obligations, properly incurred by the Grantee prior to termination. 5.4 Rights in Incompleted Products - In the event the Contract is terminated, all finished or unfinished documents, data, reports or other material prepared by the Grantee under this Contract shall, at the option of the Department, become its property, and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Section 6.0 Civil Riehts Provisions The grantee shall be responsible for and adhere to the requirements of: 6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations,; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. 6.2 The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 6.3 The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. 6.4 The requirements of section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. 6.5 The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 6.6 The requirements of the Anti -Drug Abuse Act of 1988 (P. L. 100- 690) - Grantees will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. 6.7 Noncompliance with the Civil Rights Laws - In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa, 1989) or as otherwise provided by law. 6.8 The Grantee will include the provisions of Sections 6.1 through 6.6 in every subcontract unless exempt by the State of Iowa, and said provisions 3 96 Section 9.0 Personnel 9.1 Selection - The Grantee represents that he has, or will secure, all personnel required in performing the work and services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Department. 9.2 Qualification - All of the work and services required hereunder will be performed by the Grantee or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. Section 10.0 Environmental and Flood Insurance Requirements 10.1 The Grantee shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). Section 11.0 Contractors and Subrecioients Limited Project funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations of the Department of Labor. Section 12.0 Lead -Based Paint The construction or rehabilitation of residential structures with assistance provided under this Contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations -contained in 24 CFR Part 35. Section 13.0 Contract Coverage This instrument, and any referenced attachments hereto or documents referred to herein, contains the entire agreement between the parties and any statements, inducements or promises not contained herein shall not be binding upon said parties. This Contract shall be binding upon the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record of this state, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict with the law and such remaining portion or portions of the agreement shall remain in effect and shall be construed as if such invalid or conflicting portion of such agreement were not contained herein. Section 14.0 Liti ag tion The Grantee agrees to pay the cost of any litigation arising from failure of the Grantee to comply with the rules and regulations in this Contract or resulting from the negligence or incompetence of the Grantee. In carrying out the provisions of the Contract or in exercising any power or authority granted 5 /5 IOWA EMERGENCY SHELTER GRANTS PROGRAM PA6E_af_ ATTACHMENT B To be fIIW In by OED Grantee: Clty of IOWA CITY, Iona odynv Address: 410 E Washington St., Iowa City, Iowa 62240 Amondm t M Homeless Agency(s): (A)Domestic Violence Shelter, Fla Rep Sgn (0)EnwpMq Houdng Shaltm. (C)Youth Em gmcy SN BUDGET SUMMARY PROJECT DESCRIPTX)N PET FORIIMANCE TARGET AUOUFfr BUDfitil� ESGP OTHER TOTAL Adtviy 1: RENOVATION MD REHABLMATION IId.bllit " Imp� "ft- (A) EsicIngsrMAttl~ V«da. tp,oeo sp,o3o (8) Endow a Rwmad 112 of Front Paid YOBim Am& w 120.W SUBTOTAL: tip= Adktiy 2 E.A4EMIAL 9t31VICES SUBTOTAL:, 10 AdMty 3: MAINT., OPER.. wwm, UiL, FURN. UtlNNa"' T.I.. (A)3W. (0)17EO. (C)JEW :O.MO :0.410 . GeoM a. (A)140, (elm. (CfloW ttt7ffq $17.410 w riB...a�a.b (AP®. (e)m. (c)"m s!s no tsAM wrest- Vokw awfb 40Se).(A)4WyMa. $42635 $4263355 e RVIN)MMiBRtrar. (8)3500 (C)1000 $22,520 $22,520 Cash (B)$12,735(C)$9,785 I SUBTOTAL So= Adfvtly 4: F10YBE43 PREVENTION SUBTOTAL: 1s ORANTEEADMW"rMTION: (A1d..RmdCoordbudow 2378 effd= t2=e TOTAL AMOUNT OF ALL FUNDS BUDGETED. 1es,lss so. t35 Immo �5 J Iowa Erergency Shelter Grants Program la Dept. of Economic Development 200 East Grand Ave. Des Ynines, Iowa 50309 ctivity I- Rehabilitation MOs. Performance Taraet(s) A) (a)Exterior Siding (bid, contract work) B) (a) Attic Venting (bid, contract work) C) (b) Enclose Front Porch (design, bid, contract work) Applicant: City of Iowa City Address: 410 E. Washington St -,Iowa City Shelter (s) : (a) Domestic Violence Shelter (b) Emergency Housing Shelter (c) Youth Emergency Shelter I (d)_Youth Emergency Shelter II lst Qtr. I 2nd Q=, ]UL AUG SEP OCT NOV DEC X- --- --- --- -X X- --- --- --- -X -X 3rd Q=. 14th ES IMAR MAYIJUN I LLiVity " Performance Target(s). A) (a,b,c,d) Volunteer Hours MATCH X- --- --- --- --- --- ------ --- --- --F-x. X- --- --- --- --- --- --- --- --- --- -- X- --- 4 --- --- --- --- L --- L --- --- L- - --X x------------------------------ -- --- -- --x lActivicy 3- Maint.,Ooc s.,Ins.,Utiis.,Fu=ls. errormance arget s X X X X B) (a,b,c,d) Utilities (telephone, gas & 11X(a)X(b,--,d) --- ----------- ----------- --- --- -- --X electric, water/sewer/trash) X(b)X(b) X(a X- --= --- -- --- --- --- --- --- ---------X IPrtivirrr 4- Hameless Pre-jmt=an J�_rrarmance Target(s) — I IN I C) 'D) Perfar:nance Targets from Budget Summary. 15 C/f -G� 2, I<-> RESOLUTION NO. 91-96 RESOLUTION AUTHORIZING THE DEPARTMENT OF PLANNING & PROGRAM DEVELOPMENT, CDBG DIVISION, TO FILE AN APPLICATION FOR A HISTORIC RESOURCE DEVELOPMENT PROGRAM (HRDP) GRANT FOR THE PURPOSES OF ESTABLISHING A PERMANENT ARCHITECTURAL SALVAGE STORAGE SITE. WHEREAS, the State of Iowa has established the HRDP grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City CDBG Division proposes to build a permanent storage facility for architectural salvage materials; and WHEREAS, said facility will aid the City in its efforts to preserve, protect and utilize its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That the Department of Planning and Program Development, CDBG Division is hereby authorized to file an application for a $5,700.00 HRDP grant to be matched by $14,000.00 in local funds and in-kind services and supplies for the purpose of establishing a permanent architectural salvage storage site. 2. That authorizes the Mayor is hereby authorized to execute said application for an HRDP grant.' It was moved by Kubby and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Ambrisco K Courtney Horowitz X_ Kubby X Larson % McDonald X Novick Passed and approved this 14th day of May , 1991. ATTEST: 22&&4� ") r, CIT LERK ppdrehablhrdp.res !/' ' / lopose / • Approved OfficeZit� Attorney's 9�e htJULUI IUN NU. V1-1/ &e s 9K RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY91, ENDING JUNE 30, 1991, FOR PUBLIC HOUSING PROJECT IA -022003, lA05P022004 AND IA05P022005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IA -022003, IA05PO22004 and IA05P022005, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the.annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary to achieve efficient operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expenditures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. C. All proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract 4. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. 5. No employee reflected in the Operating Budget is serving in a variety of positions which will exceed a 100% allocation of his/her time. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this 14th ATTEST: CIT CLERK budgetres NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of May 1991. L� g'Z,%ux�� AYOR Approved by City Attorney's Office `//,�y/%/ NUD-523" 1--o" 1977 Fw. ATwN .ry. 1 of 2 0.2 N..13-RMMd MUD -52564 UA.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT T, 11 Oe.VO-..SKS T E O.. OIC, Its" LOT -RENT HOUSING PROGRAM LHA-O-oAd R..nol Mw❑ M .............. Q OPERATING BUDGET LHA_L....d M...iq.L.n.. 72 .. t0(al ..... O 31RH 30 91 LHA-O..N-H......... hi. ............. Q F.. Foul YAP, Endl., H LHA- L....d-M.........hl.............. O Q 0.1B..AL ©NEvnION .0. 1 LHA-C"..Td P..pw Ad.lnl Hrubn C.nn.u. 0 AYE Oa LOCAL AUT -WIT T: C......T 40.If 1. KC9166 IOWA CITY HOUSING AUTHORITY nOaacT HD.UN LOCALITY, IAO22.3. IA CIVIC CENTER - 410 EAST WASHINGTON STREET No. o...M.NO.o. MNrT Moxt Ns of IOWA CITY IA 52240 Avuu uurn I 62 744 Nv0 ANu oFncu Nuo REvwwL omcE: ACTUALS x REQUESTED BUDGET ESTIMATES LAST FISCAL ACTUALS DES MOINES KANSAS CITY YEAR CUNNCM LMA ESTIMATES HUD MODIFICATIONS RUOGET vuR AMOUNT AMOUNT .0 89 1.� 91 .UM NUM Fw Era x.v..•aa RUN LINE No. Ill IEI ISI AT 1.1 ISI ITS NDm.6uT•n MAnINIY P.7m.nt. F.,: 001 0..•.,i., E.Ponu. D02 E.md H... P.Tm.At. Acuunl 003 Nam.e,i.. Yalnl.mono R...... B04 To,.] &..S_E..n Amounts+., a• un.. Dot. ay. A DDS 005 E.cuA I Ar D.ficl0 in Break-Ev.n Amount 006 HAm.bV2AT. MomblT PAT..n,. (C -1,A) OPERATING RECEIPTS: 010 D.dlin, R.M.I. 144.11 156.62 154.57 115,000 620 i un EAcu. Ulllicu 030 r °; NPM..IIin. p.nta 1. 040 w 144.11 156.62 154.57 115,000 050 a In, .... I .o G.n...l Fund 9.55 9.34 in A 7.600 06D 0 Olh.• OP..atin9 R.c.ipl. 2.69 2 3.36 2,500 090 TOTAL OPERATING RECEIPTS EXCLUDING HUD CONTRIB. 156 168.15 125,100 OPERATING EXPENDITURES: ADMINISTRATION, IID S.la. i.. 23.16 29.57 22.000 120 Adminf.Hmian E.P.nu. Oth.r Than Salad.. 15.02 19.39 14.10 10,490 190 Tell Ad.ini.l:Rtion E....... 35.18 45.41 113. 32,490 TENANT SERVICES: 210 Sal.d.. 220 R.c .atlon, Publiutiem and Oth.r S... ice. 230 COM,.., CA.t. - Lmnin, And Oth.r 290TA.Sl 7.-1 S.,.io. E.,.n UTILITIES: 31D Lobo• 320 U16111i.. 5.69 4.08 7.93 5.9013 390 F Toml IN:IHb. EAIMNo 5.69 4108 7.93 O w ORDINARY MIMTEMAHCE AND OPERATION. 410 w z Labor 26.14 34.27 24.000 420 w r M.wi.la 3.70 6.17 430 Conn.., Co.. 54 25.96 21.000 450 ? 0 T.t.l ordinary Molni.nonc. and O'In ltmi EcP•n... 86.40 68.40 W.500 BE PROTECTIVESERVICES: 460 L.b. 470 p l4ol- .l. 480 cwttmt Cott. 490 T.,.l P,.,.cti.. S.rvlcu E.,un... GENERAL EXPENSES. 510 IMVIA«. 9.39 8,71 12.10 9,000 520 Poirmom. to Lim. of Tea.. 13.84 15.25 16.56 12,320 530 T.rminal L.ay. P.,nn Aw. 2.00 540 E.PIeTu e... Bt CAmribun... 5.58 6.42 B." 6.2110 750 Coll.c,iw, Le, ..0 2.08 .0 500 560 0th., Geo..al E.P..... 590 T.,.1 OR .... I E.,..... 29.49 34.46 37.77 211 100 600 TOTAL ROUTINE EXPENSES 158.76 152.35 160.00 12it990 610 RENTS TOORNERS OF LEASED DTELLINGS 690 TOTAL OPERATING EXPENSES NONROUTINE EXPENDITURES: ]ID w z Ear.O•dino MAlnl.nanu 720 R.PI.c rnt Af E u .nt 730 0 B.nw.enb and Addition. 1.06 6.98 5.193 740 o O,h., N.-Ii.e E. Andil-' 790 Z TOTAL NONROUTINE EXPENDITURES 1.06 7.00 5,193 MUD -52564 HUD -17541 ).....r It" i U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT •"'E Or Lout AUTnownn LOW -RENT HOUSING PROGRAM IM CITY HOUSING AUTHORITY OPERATING BUDGET F. Fpul Year Eedl•a AK 309 19 91RcauTn SCIVIC CENTER - UO EAST WASHINGTON STREET OORIGIMAL FL] REVISION NO. ) IOU CITY IA 52240 on rwacr Nal n RC -9166 acruau =111410E REQUESTED BUDGET ESTIMATES LAST AN, .•oucr Na.ml rl>CAL straw 'Rate UAFEM LHA ESTIMATES IA 2;%1, IAOSP022004 IAOSPo22005 ......I r IE.TIOH] BUDGET rPE Dr NUD-.unreD Plloncpfl: v[AFI LHA-O...d.R—I.I X.uam ® LMA-Lw.d-Ham. e...rrhl. Q le 89 IF 90 91AMOUNT AMOUNT LHA.L...d4.1m. 23 M IOI<) O LHA-Ca—,ed P.ehrl PUY PUY PUM (Tenomrl I. PUY (T.N...u111a LHA-0..ed-Har..vnhlp a Ad.InbueNnn Cmbesl O LIVE NO. 111 121 IN 141 151 HEI (7) OTHER EXPENDITURES: 810 I Prier Y..r Ad mrte.m• 820 OlhA Deductlan. 830 T.I.1 OrM, E.,.diraa. 690 TOTAL OPERATING EXPENDITURES IM.76 I 76 153.41 174.98 1 0 183 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE HUD CONTRIBU- 900 TIONS AND PROVISION FOR OPERATING RESERVE: 5.54 15.51 ( 6.83) ( 5,083) 910 Sesic Annual COnNlfiulien (Lased Prefer,) RESIDUAL RECEIPTS (OR DEFT) BEFORE OTHER HUD CONK 920 TRIBUTIONS AND PROVISION FOR OPERATING RESERVE: 5.54 15.51 OTHER HUD CONTRIBUTIONS 930 Opemli.g S.WdT 910 Special Femil7 Su"Id, 950 INSURANCE 4.16 960 T.mI Other HID CanH3ariael 4.16 970 Roidu.I Receipt. I- DaOcdO "feu R.e.,. 9.70 15.51 f 6.839 083 9B0 I I P... it!.n for Op.relirr, R.serae .38 3.97 6.03 5 081 990 R..:dual Rdpeip. (ar Delic N) 9.32 11.54 OPERATING RESERVES FOR A CONTRACT OR PROJECT LIME Parti - Maximum Op,mling ReservE - vo. End of Current Budget Year SECTION A - LHA4TeNED RENTAL HOUSING 3 01 Orur- .Il (50e.) of Lim 600 -Column 5 -Form HUD -52561 far a Const 62,495 SECT ION B - LHA-LEASED HOUSING - SECTION 23 OR I0(C) j 02 O."all (5013) el Line 600- Calunm 5- Farm HUD-52SU I., a Pr.i.ct SECTION C - LHA-0RNED OR LEASED HOUSING - HOMEOWNERSHIP 03 Ont- f (5016) .l Lim 600-C.lum 5- Farm HUD -525U far a Praia., 04 1 One-Ihird (334/38) at Lim 004 _ Column 5- Form HUD -52564 I> A Proiecr T.Ial(Sum at Lina. 03 ad Gs) Part II - Provision for and EWAwtad ae Actual OpFroting Reserves at Year End 06 Rasene ar End .1 P, -i.. Fiscal Year - Actual FY90 f 59,770 07 P.aal Alan far R.Aene - Ganem Budg., Year - Eslimal.d a. Actual 00 R..— at End at Contra, Bud", Year- Enilnaud o. Actual 09 Pl-mien fer Resin. _ Re9ueUed Bud9U Year_ Eetimaled FY91 5,063 10 Reserve at End of Requested Budpel Year _ Estimated MI 51,687 LHA APPROVAL: tie, f1 RONALD L HENDERSON, HOUSING ADMINISTRATOR l l �.D�l �e, m— Aunt Tia.) fs"n.tue.) F (In," AREA OFFICE APPROVAL (An—AM Time) (Slln.fur.) (Dare) i RESOLUTION NO. 91-98 �es bK RESOLUTION ADOPTING THE ANNUAL BUDGET, FY92, ENDING JUNE 30, 1992, FOR PUBLIC HOUSING PROJECT IA -022003, lA05P022004 AND IA05P022005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IA -022003, IA05P022004 and IA05P022005, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary to achieve efficient operation of the Housing Authority for the purpose of service to low-income families. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expenditures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. C. All proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract. 4. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. 5. No employee reflected in the Operating Budget is serving in a variety of positions which will exceed a 100% allocation of his/her time. It was moved byHorowitz and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby —X Larson X McDonald X Novick Passed and approved this 14th day of May 1991. ATTEST: CITY CLERK A i,/ Approved by 1 � City Attomey s Office 51ge1_ / budgetres HUD -52W 2...r.. I972 Far. Awned P.H 1 A, 1 0.16 Ms. 0-11008 HUD-52SEA U.S. DEPARTMENT OF HOUSING AND URBAN OEVELO1WE.7 TYPE O. NVO-[)L!T[O Pr101[CT bI: LOR-RENT HOUSING PROGRAM LHA-D.nd Renal H.a.A............... OPERATING BUDGET LMA -L .... d H... H,.S.atl.e 23 A, 10(.)..... IJ' LHA-O.n.d-H......... III. ............. For Fiscal Y..r E.din[ JUNE 30 16 92 LMA-Lined-Hom...n.nhip ............. C ®ORIGINAL 0REVISION NO. LNA-Cm.... d Prel.c1-Arlo writA. C........0 SAME OF LOCAL AU.NORITTI CONt11ACf NO.ar KC9166 IOWA CITY HOUSING AUTHORITY PROJECT NO.uN LOCALITTI IA022003, IAOSPO22D04. IAO5PO22005 Ho. of D.u. No. OP ANL or CIVIC CENTER - 110 FAST WASHINGTON STREET uuouTn T,, IOWA CITY IA 52240 62 744 HUD AREA OFFICEI OF.CE: O ACTUALS woRr REQUESTEDBUDGET ESTIMATES AST FISCAL YEAR CURRENTLHA ESTIMATES MVO YODIPIC/T IO YS TONAL BUDGET DES MOINES NSAS CITY YEAR 90 91 92 AMOUNT AMOUNT t) 11 POM PUY PVM PVM LINE NO. I11 121 lel 1.1 ISI I[1 171 Ham.lsi,- Monthly Payment. For: 001 OF... ting E."n... 002 E .... d Hem. P.,...,. Acca... 003 Non ou.Ine Maintenance Reserve 004 Total Br.ab-Elva Alnaurtfate at ua.. Om, RR2. Is 905 005 Excess I or Deficit) In Break -Even Amount 006 H.mebuy.r) Mamhly Pay..IRa (Can.,.) OPERATING RECEIPTS: 010 ORRIN, Ren ala 156.62 151.57 151.01 114,580 020 i i Etc... U.iliNo 030 t- a Nond..11in9 Rentals 040 ¢ u Total Rental income 156.62 154.57 154.01 111 580 050 0. R, Interest on Genera[ Fund Investments 9.34 1O 10.93 8 130 060 c Other Ope.atfng Rec.i MA 2.96 3.36 3,36 2 500 090 TOTAL OPERATING RECEIPTS EXCLUDING NUD CONT RI B. 168.92 168 1 168.29 125 210 OPERATING EXPENDITURES: ADMIHISTRATIOH. Ila Salaries 26.02 29.57 27.54 20 490 120 Administration Esp..... Otho Than Solaria. 19.39 14.10 10.65 7.920 19D Total Administration Expenses 45.41 43.67 38.19 28 410 TENANT SERVICESI 210 Solaria. 220 Recreation, Publication. and Other Service 230 Contract Casts - Training and Other " 290 Tom[ T .... I Arvin. Expense. UTILITIES: 310 a. Labor 320 Utilities 4.08 7.93 6.67 4,960 390 f Total Utilities Expenses 4.08 7.93 6.67 4,960 0 YI ORDINARY MAINTENANCE AND OPERATION: 410 w z Labor 34.27 32.26 30.20 22,470 W2-0 x .- Materials 8.17 10.08 6.48 4.620 Z. c Contract Can. 25.96 36.29 42 31,660 450 ? Total Ordinary Maintenance and Operation Expense. 68.40 78.63 58,950 PROTECTIVE SERVICES: 460 W Lobar 00 p Material. ON C.nO.al Cast. 490 Total Pro.C1H. S.r.tce. Eel..., GENERAL EXPENSES. S10 Inamance 12.10 7.990 it 520 Payments in Lieu of Taxes 16.56 17.72 13,180 530 Terminal Leo.e Payment. .69 510 UO Emplaye. Bm.fit Cnm.ibu.i.ns 8.44 7,270 550 Collection L..... k34.46 .67 2.69 2,000 50 Other General E.p.n s.. .40 3 G 590 Total General Expenses 37.77 42.00 31 250 TOTAL ROUTINE EXPENSES 166.09 123,570 610R ENTS TO OR NERS OF LEASED DWELLINGS 690 TOTAL OPERATING EXPENSES NONROUTINE EXPENDITURES: 710 lu z E.Iraodina. MaI.An..ca T!G Real.. .Or of Equipment ' 730 Benom.nu and Additions 1.06 6.98 740 a Other NOo.wtirur E. Ldi...es T9 z TOTAL NONROUTINE EXPENDITURES 1.06 6.9811 0 HUD-52SEA Ie.w.T IrrJ P... 2 .1 7 U.S. DEPARTMENT OF MUSING AND URBAN DEVELOPMENT —AAA of w<u.e1 wOIVTn LOW -RENT HOUSING PROGRAM 11 OPERATING BUDGET IOWA CITY HOMING AUTHORITY 890 LCIc ALITT Fee Fiscal T.a. ERAI., JUNE 30 19 92 CIVIC CENTER - 410 EAST WASHINGTON STREET ®ORIGINAL CDIIEVIFION NO. 1M CITY IA 52240 psi l.aCi .Alh RESIDUAL RECEIP75 (OR DEFICIT) BEFORE HUD CONTRIBII. TIONS AND PROVISION FOR OPERATING RESERVE: 15.51 A`IT�UTu REQUESTED BUDGET ESTIMATES EC9166 L"T �- KC916 NO.ISI: P Basic Annual CPnDlbull.. (Leased Prol-1) IAO22003, IA05PO22OOi, IAO5P022W5 TE..n GUAIRA., LNA ESTIMATE] MUO YDDII ICA rlorya BUDGET P] OI :.Va-AS]IS iCD FnOJ{C 11]I: TEAR LNAAn.d-R.mal H—a, ® LHA-L.Aud-H.aA.mr.hip Q AMOUNT ♦MOUNT v 90 O 91 92 LNA.L.... d-Se0m. 23 A. 10k) O FILM PVM PUN (To Ne....111P) FUN lTn Na.. e.l11a LHA.C...... d Prol.e. L51A-0.ned-Han.o.n.nAly Q A4n�nrpnlbn CAna.I, Q 1,640 LIRE NO. 111 ISI 111 IA1 151 IBI 171 00 I Tocol OIM, Esa.nd Hu.e. 1 11 890 TOTAL OPERATING EXPENDITURES 153.41 174.98 166.09 123.570 900 RESIDUAL RECEIP75 (OR DEFICIT) BEFORE HUD CONTRIBII. TIONS AND PROVISION FOR OPERATING RESERVE: 15.51 (6.83) 2.20 1,640 910 Basic Annual CPnDlbull.. (Leased Prol-1) 920 RESIDUAL RECEIPTS (OR DEFICIT) BEFORE OTHER HUD CON. TRIBUTIONS AND PROVISION FOR OPERATING RESERVEI 15.51 (6.83) 2.20 1,640 OPERATING RESERVES FOR A CONTRACT OR PROJECT LINE Part I - M..imum OF ... tiag Reserve - NO. End GI Curleat Budget T., SECTION A - LHA.OWNED RENTAL HOUSING S Ol One -Ralf ISM) If Lin. 600 -Column 5 -Form HUD -52564 FA, A Cont.Acl 61,765 SECTION B- LHA-LEASED HOUSING - SECTION 23 OR ID(C) $ GO O..+.If (50.) of Li.. 600- Column 5- Fo.m HUD-52SU for a P.Ai.ct W-71 Tocol (Sum .f Li nu 03 and 04) Part II - P ... ision far and Estieted IN, Acf.1 Op.Hding R..O1V1] of Yee, EWd 06 R.F.,T. aI End al Ppsiow Fiscal Y.ar - Actual FY90 S 59,770 07 Pro.isi. lo, Ram. - CATsul Bud,., Y.., - Esrim.l.d IX)NJ= FY91 (5,083) OB R...... aI End of Cun.nl Bud,., VA., - Estimated aMXKXN FY91 54,687 W PrOTision fa. IT ...IT. _ Rqu.]I.d Bud,., Y.a,-E.timot.d FY92 1,640 lA R..srne at End .I A ..... 1.d Bud,., You, - Eslimat.d FY92 56,327 LHA APPROVALI //2J RONALD L. HENDERSON, FUSING ADMINISTRATOR room. ...a trop rmwnml rang rN—..nd 77.1 (5)4vmrv2 0 (One) Wo YU0.ff5)) I y.•.•N IhM I M 11 LJMr Yrr• M•. II- Lr/.LwI IIsi aBudpal .(.m MA -25731 m I Sumary •1 Budget Date std 7uslllicalbp Fis.aI T•., Endl.g JUNE 70, 1,92 N•.• .1 L ... I Has." /.,harm Lwuq IOWA CITY HOLS1 NG AUTHORITY CIVIC CENTER - 610 EAST WASHINGTON STREET 0prubg R..ai/b Dwelbng R.r,.I- E+•4.n M.I. to, utlmus. F., HUD'a11s4 b...m houeb,, alb, the- Section 23 Laud h ... I.,, .aa aw.wnl .' loo•. .Ilabls r.,.I LMA .«1611 ran. all, .he —b., .1 J..IIb, vne. «.1611.. I« •ea..ones an .he .—u.. ..... N (a..he um• .«n .w4. i.. LMA poli er n.b;on• end ..,asci.. and .'he, I ...... .hick me, reub In • p.ua..r ICeeo ....... .emhl, an, ..If Ieab, ,M ae..e.r. d Bud,., Year. Fr See,'.- 22 L .... d It ... 1n,, -1--. he number .f unite ends. beam, Ih• PUa lues ..is•, and .h..hor as nem .No mor el rI IIIb. Is incbdeL 11 m, Included, .el•t- method ler ..Sonet ct ulllil, uta b, LMA end/a. ,onont: All units currently under leap have an average rant of f 161.69. Of the five units currently vacant, two are under going major maintenance and will be held off the rental register for a minlm of thirty days. The other units are being prepared for lease up within thirty days. The Iowa City Housing Authority has an average turnover rate of 28% in both Public Housing and Section 8 programming. This causes at least one unit to be vacated a month. The Iowa City Housing Authority is committed to the selling of Public Housing, this will affect the number of unite available over the next fiscal year. Excess Utilities: MOT Ir Section 22 L•a ed busing.) Check ep.p......cu In it.. 1, ..a •elei. '•Otbi'. Under Hu• T, upl•i. b..: v. dei- riminirl .•<•u un11rF con•umpien. Far •..mrin Co.; in41.14.1 shack m.r•n .1 OI IMI. Mw•Hon al eau.. •... •. OH -100.2, oto. Ci.. .H.ctb• d..• al ......1 u111N7.11..a.w... Eapl.in.mlaIfm, J she,.. In •II•.anc.. or .IM, fuan which .ill Cee•• a s1,nifice-1 .b.p in .h. 1.1.1 aramm ale.c.0 .11111, ch•.p.• dealnt Iha R•avusl•JBdpt Text. 1. UUllm $ml... Srch..pd. Gee El EI•cnlclml:l 0111.11 (S..dI,) 2. Camm.mu Rot Applicable. All dwelling units are separately metered and paid by the tenant. effective date of the new utility allowance will be July 1, 1991. Nond.el0ng Rent: MOT for Section 23 L....d h.asLv.) Cempl.. ba. 1, •P..Ifyi., each •..Ce nnld, I. whom, end 16 um.l ..m For uampler C--ity Building Spec•. Nursery Scholl - $50 per mdnlh, a1c. Cn• than... mli.1"Ied deal., Ib R.ge.md Bud,, Year alleclinp estimated He"w.M., Ronbl Incains. 2. C....,.: Space Roared Not Applicable To Whom Ramal Term. CamMbution I., tho Elderly end Dlop(.c.d: (NOT for Section 22 Lcaced housing.) Ocn•rallr, show only on unmet. of Cetribulbn b, rho Etdrb on Fr. HU0.52561, compared according to the formula .hewn below. The .u. el tit 1_.t d Nm. 2, A. ., S lar seek Cerritos, is 111 amount .1 the mim.sad corn ibmien. The oda Nl...I ..Miir ler nandd.,ly famillo displaced Pram p.bllc budnq and .,bon reneel dos .n a. of,., J..., 27, 19". 1. eni4 .61. anl, when .h..map ems .o be chorgd each .,milks • bus than ,h• ....... ems w be c6.y.d aha. ..Usti, 6.0i.s. II M I. necessary a consistent ,he aeilabtll1, of this e6aldY, H .III It . ...marl a share the' the avag• per da.M.g pe, month .mount .1'..c6 suhsidy for dwelling. se M occupied by such displaced tomJbs dao not aced $10 ar the differs... in e•en..... Is. . hick.... is ...Ilea. In each cess ....id• m an ermchmont details .1 'he computation for the estimate of this sabs'dy Inclosi In the .mount shown on HUD -S2511 1. Canm.er Nvmb-. 2. E.Iimmed Deflate ie Neral Operating Rosen. nand of C.,,.m Bud,.. Tea. 3. Estimated .seem .1 «..plod union m and al Cum.nl 8u49.1 Y.a. to b• O-c.Pi.d ky Eld.d, Families d. Estimated ama.m •1 deficit nmibmabb to Eld.d, Families-, line 2 ..hip Not be I;— 2 5. Estimated -umbos d Eld.rly F.mill.. in a¢upancy et and of Current Bud,,, Year eshiPlied by $120. Not Applicable 3 S 3 i x S S S $ S f 3 HU0.6}5» NV 0.!]511 ••Leer HU .Ipwr.lr pNA.11]]I N•r N UrN N...:ry bnFwny IOWA CITY HDUSING AUTHORITY Op•wi.9 &dqa Summary of B.dg.t D.I. and Ju611N.U.In - - • - . �..__�s�.,� Fiscal Too,En/i., JUNE 50, If 92 L...bq CIVIC CENTER - 410 EAST WASHINGTON STREET, IOWA CITY, IA Oppming Receipts (Continued) Int teat on D•n.rsl Fu,Jfile. I n Stir• the a ...1 el prn.I p .D•nmd Fved In•o lment .nil IN. . Ih• •......I Do".l Fant it .o some. wain on m"....I .a. hlas ....... ....... decreased ..... ..,.I ede.r Year.•E.plaln beat. larIp m6anen sl Im•..ar :w, . herw..n has iq ` The Operating Reserve Account of 5 59,770 and the Tenants Security Deposit funda of $ 11,261 are invested by the City of loses City to staximire earnings. These funds ars expected to generate apprex Smatsly $8,130 during the fiscal year. other Cnmrnr. On E.11. el Opn1" tee R. 0Giro comments on oil other significant source. of income which will p,e..nt • dear •man ins e I HA • popube r.lin0 •nlpn •Ovarian durl.g M. pgq.pl BdSN Year. For S..,I- 23 Lmd houaing ..,loin basis ler otimeM el milia cbases. is bgnt.. Receipts fry coin operated laundry equipment Is estimated at 5 400.00. other income results in charges to tenants for unpaid utility bills and tenant caused damages. Estimate of charges are $ 2,100, eLth the total of Other Income account at $ 2,500. Op•meny E.p•diNno Summary at SI.ninp end $.I Ce•glsl• rho .ummory below an the teas- a1 iwle.malion .haw, an Form HUD.52566, Schedule sl All P..M.- and Sslorw...s loll•-.: Column (1) Enter he mmi nv.bor d poaM... do lent ted will rho ce.......d4....... n1 IIr q.6.1 .. shown 1. C.1— (1), Form HUD -52566. Column (2) Ent., If. number el q.:..bnt lull•Om• positions alloce610 to HUD•ald•d hauSq In manoHment, Far vawple: A. LHA he. If... "A -NT- eros Nle.. a11eca6l. ro such ho..ine al the nb .1 604, 704, and 504 napgNglY. Thug -he.gW.al•nt M61iv positions 1. two. (6/10.7/10.5/10). Column (3) Enter the portion •1 ..tai seslaq expense shown In Column (5) w Col. (6), Form HUD -52566, d1scab4 to HUD-.id•d haueinl in nope. ad., than S•mion 23 L .... d h..Ins. Column (41 Enter the Portion allarai salary .pane .hewn in Column (5) ar Column (6), Farm MUD -52566, allacd4 we SscNan 23 L.osod heo.ine in waneser.t. Nate: Th• numbs, el ..ul•alam ISIS-ar petition. and the amovnt of uls.Y acp•ma for all Isepnlen. d••itm-1.4 -M" an Farm HUD -52566 must be equitable d'ur.ibut•d to account Nina Ordinary Mainionance and O's-flon - Labor, E.newcaligq Maintenance Work Pml.ct..ad Bae•rmanis and AddiHo . Mod raiser.. 1/ Carry forward ro the appr•priats line wo HUD -52561, be ..aunt of salary ..Deno. shown In Column (3) en the co.­ ,rocniLa Nina .bas. Carry forward re rho aP1'-Prim. line s HUD -52574, he amount al .fury sQp.ns. shown in Column (O on the aorn•.erd Nne lint abo.•. 2/ Th. amount of calory saps... dirnHlusd Ia E.traerdirary Maintenance Work Projects and to Betterments and Addiri.e Werk Prel•ms is to be ino luded in he tear al rad mdi.iduol Project Ie be Performed by rte LHA Staff, as shown on Farm HUD -5750. HUD -52573 Total HUD -Aided Manq.smt P.epo E.WrI•m Salary F+pis Thor then Seen -U.11-21 Luu1 Pa.,..-. 23 L .... J Hwdq Hes.ir ONLY Ac.w.r LsFdl-N.. Nmbw ,..Morn DI OI Of sol Adwini.Na Nen-Nomochnical Sola,le. J 9 8.75 20,490 202,376 Admidu,.Ii._Technical Salaries 1 . ordinary Molnlsnann a Do... li—Lebor 1 2 1.25 22,470 UnlNio-Labe. 1 other (so.cnll... " I. eIs.) 1/ ATTGaIEY 1 I .21 1,440 5,D60 Edrae,di.arY Moint.narc• Work Pralect, 2/ B•n•.mems end Addition. Work Prorate 2/ 1/ Carry forward ro the appr•priats line wo HUD -52561, be ..aunt of salary ..Deno. shown In Column (3) en the co.­ ,rocniLa Nina .bas. Carry forward re rho aP1'-Prim. line s HUD -52574, he amount al .fury sQp.ns. shown in Column (O on the aorn•.erd Nne lint abo.•. 2/ Th. amount of calory saps... dirnHlusd Ia E.traerdirary Maintenance Work Projects and to Betterments and Addiri.e Werk Prel•ms is to be ino luded in he tear al rad mdi.iduol Project Ie be Performed by rte LHA Staff, as shown on Farm HUD -5750. HUD -52573 HUD 51573 I1.1sr-' 1Nl OP...ling Bwd9e1 IFore.,IF PHA -2513 Sumner] of Barisal 0.1. and Jerli SlcSll•n5 F..I Year Edin1 JUNE 30 If 92 Nus el Lead H ... 11 Aa Mau. Luduy IOWA CITY HOUSING AUTHORITY CIVIC CENTER - 610 EAST WASHINGTON STREET, IOM CITY Op•nriq E.roJl baa. (Cennn.N1 S.—, d Staling and Sol." 0v. (re.Tl.v.Jl: Spec Ue oil .......d .. u.Ill... and all .re ......Diane a be •1rallsh.4 1. 'he eyrie -1.4 Surlier Year. Cite Prior HUD conevirento in prepared staling ehe.ao .r present lu.nllesn.n br such changes Clio pia. HUD e . In ...poJ edam Ins . Iw AJminhlnlbn Aril an .ice lu.rl lir erica and Orel tie ar nmp... bills, W.'rerell.n. Cita ally olv J.1. 1- con. ,an, apAr..all noes rare. (Fpm HUD -52151) and l.rrilp dl de.M nen. Le. These rare•. The Housing Authority administers 482 units of Section 8 Existing Certificates, 246 units of Section 8 Existing Vouchers and 62 units of Public Housing. The current staff is authorized by City Council resolutions 84-286 and 85-66. This same staff provides support for the Housing Cos•missdon, performs etudles and provides administrative time necessary and required in search of additional units. All distributions are based on TEN PERCENT (10%) to PUBLIC HOUSING and NINETY PERCENT (905) to Section 8 programa. This represents the distribution of units in these programa, 62 to 728, with a slight weighting toward Public Boosting due to the inherent activity as both rental assistance provision and landlord responsibility. T,esd Publicanan, M.mbe,.hb D... and Fee., T.I..hane •d Telegraph, and Sv.d.a In .JJIUen b "Jestilbeti.. Ip T,..al I. Can-cei end Meatinp" than. an Fern HU0.52571, sire an aglanclipn el •cabala aNal Reasserts! Budaal Year ..liwa•d I......•..... the PUM -1. .1 .cpondirwo far thus accevnn in the Current Bridge, Year. E..Iain basis la allocation of u.h.leme,n d Iho• espnu. No projected increases over FY91. Utilities: Gl.e an uPlanclian of ubsb,wid R..uea.J Sura., Y... est inroad i r rho PUM rale of a.pe.dnwet eaw lar ch ilily ..e. me ,n the C."..' B.dp•1 Yen,. Describe and love nsioneled Carl el each .I.m..I a5 "Other, Utilities Eason.•. Utilities on line 320 and line 390 are for maintenance building heat and lights, socurity, lighting, water for lawnas shrubs, and trees. Vacant units are heated during unit turnover. No increases projected for FY92. Ordherey Ile lnr•nnce 6 Orn,lit en. Mabd.4. G1.• an •nlatw Lien of .vbl.ai.l R•Aw.bd Bvdset Ypar ollmel•d lncr.aus .... to PUM ..r. a Pap• up T mrp(a s In • u.ran Bridge, Years. One full-time maintenance person with a salary of S 22,470 is Included in Labor Costa. OrdinaryM.i"I? s a 0pam".. - C....., Co.,.: Lb1 rich ..din., .rinlam analop.nen • ,.Ica contractor!Iw and air. rhe ori­ mabd as.r ... e• Nes rl 7 n arena ..-k •.......d l., the Rqua.4 Bridge, Year. E.,I.I. sulmbnud R..uond a.d..r • Year lnc eu . aa the PUM .ars •1.an r•dst irw. l.. ContraSe r.iws In IM C.,.enr BuconsisconsistsMmr Birds., Yw,. It LHA her n.cr ,l.r.,.c. J dear r.., cabs, alae contract cost per call. Contract coats are increased from FY91 estimates. Contract costs include peat control - $ 925, , interior paint for approximately 20 units - $ 7s10D(contract to be let), an additional $ 4,500 is projected to cover skilled maintenance and repair tanks (i.e. plumbing, electrical, refrigerator and furnace repair). Continuation of carpet replacement for five unite is estimated at $ 6,000 for FY92. Additional coats over normal operating coats are projected for units which are to be sold in FY92. HUD 525n Replacement of floor covering and exterior painting will be done on theme units that may occur prior to routine maintenance schedule. Total contract coats $ 31,660. NDa-12!73 Ilaw 1 .111 I.6, IMI Home.!, INA -23331 Operating Bvdg.t Sartorially .1 B.Jpf Data sad 123 Dliulbng Fiscal Y... Ending JIVE 70 1122- --m d Local N.0 ina.,Ismly Lulu. IOWA CITY HOUSING AUTHORITY CIVIC CENTER - 610 EAST WASHINGTON STREET, IMA CITY, I. OP,aling Expe•Utwae (C•.nnvwf Inswance: 01 .. an ... .1 •.Isl.nrial R.wled Budget Yew .ali.nd Irma•... In INS PUM nu .1 vpendbwis Ise inw..nc. ow ,be C...... Bud,.. Yu,. Cup she.,. in u...p, ...mwm nn., .r.. Insurance costs are down froge 1791. This Authority is participating in the 'Assisted Housing Risk Management Association', a group of Housing Authorities in Iowa and Illinois. Employee Ssnefil Cane M1misn.: Liu all Em Iq.. Benefit Flan• w raciwwd in. Oi.•l..lillc.Uen fun •11 pl•m t. M Imw.m.J in the R. - ,—.'ad Budget .r Imr .hich I,Iw HUD c..w,ance Ne• not been gTvwa. Benefits are negotiated by city of Iowa City. Life, Health, and Dental Insurance, Retirement progress. Social Security, 'Paid vacation, Holiday leave and Longevity bonuses aro included in the benefit package. I•arm Leu.•: Lela the nw.b.r •I nn.....counle rscai..bl. n be ..loan sIf .nd the ..be, and sm.1 .m•un, •1 .11 account. 2312.•1 bash..nanl wJfaceted nrmnH •• •1 the mawh I. -hich Hw estimate .• comaunJ. Routinely budget 'for S 7,000 collection coat. FY91 experience was lower than FY90. E.Naerdiw.Y Mafm..nc•, Replacement of Equipm nt, and Bear -1. d Addition CO.CH. wIw HUD .......I w .. I.uifi—li— ler each nwn.. .rol.cr me u In .,—.I• u vat • w IF... . 7.a .hich mab. u1 16 •.tima..n Farm HUD -53570. J.etHYng Inle,marien nw,.wanaen w •Inched to Form HUD -51567 need., ba I.p..I.d he... No Extraordinary Maintenance, Replacement or Betterments and Additions projected for FY 91. NUO.52573 e v! oovowus.rmwr..norrxA nr,.rw.mrrre i rB 0 HUD -52566 F.. A ...... d Au,.., 1967 Opl,win9 Budy61 Bud,., But... No. 63-ROROB IF.,..H9 PHA 25661 Schedule of All Positions and SclarlsuJUNE No.- el Loot H ... In, A.r6.r117 IOWA CITY MOUSING AUTHORITY F,¢.1 Y.. Ems,., ]0, 1997 bullr7 CIVIC CENTER - 410 E WASHINGTON 57, IOWA CITY IA P'••'"' Sol-' R.9wv.d Bud,., Y... Ail ... Uon .l Sol.rl.. 4Y Pr"­ Saler Rale FY92 E.Ii.sl.d P.,—.1 HUD-Aldd Pr pr. 0th.. Y.rNd.l All.e.u.. Position THI. B. O.v.ni,aHoml Unit. 4 F....too Ren (p..l 4-1-91 Mo.P,W..s Month. A.... I No....... D...I..w.m (1) Ill (3) (6) (5) (6) OI PI (9) 1 HOUSING AOMINIST BATOR A -NT 28.870 30,314 12 30,314 3,031 27.203 PERCENTAGE OF UNITS - to PUBLIC HOMING 1 HOUSING MANAGEMENT AIDE A -NT 22,797 23,937 12 23.937 2,394 21,543 PERCENTAGE OF UNITS - 10% PUBLIC HOUSING 2 CLERK -TYPIST A -NT 39.062 41,015 12 41,015 4.102 36,914 PERCENTAGE OF UNITS - 10% PUBLIC MOUSING I TEMPORARY CLERICAL A -NT 8,767 9 4 HOUSING SPECIALISTS A -NT 105,063 109,636 12 109,636 10,964 98.673 PERCENTAGE OF UNITS - 104 PUBLIC MOUSING 1 MOUSING INSPECTOR A -NT 179441 17,964 9 17.964 17,964 PERCENTAGE OF UNITS - 0% PUBLIC HOUSING TOTAL 222,000 222,865 12 222,865 20,490 202,376 1 ATTORNEY FEES 0 5.000 6.500 12 6.500 1,440 5.060 2 HOURS PER MONTH PUBLIC MOUSING 6.5 HOURS PER MONTH SECTION 8 1 MAINTENANCE WORKER I M 17,992 18,892 12 18,892 18,892 100% PUBLIC HOUSING - FULL TIME 1 TEMPORARY MAINTENANCE M 6,008 3,576 3 3.578 3.578 100% PUBLIC HOUSING - TEMPORARY ALL POSITIONS AD IDENTIFIED PO NOT EXCEED 100% OF ANY INDIVIDUAL EMPLOYEE'S TIME. 1,042511 /w- A 0w—br MY I/wrlr FM.2571) L­R•.rrebin M•••ln9 Mwr k...4 ts90.9. OP.roli.2 6Pdpt SIA.d•l..7 A"M."No. ExPMr. Other Th.. S.IwI.. ti� N Lr•1 A...nr.. IOM CITY N0115111G AUINOItITY Lw111 IOWA CITY Ib.•I Yr EN JUK 30, 1997 OI at IT 4 D.. <r1rll.n DL«rbN1r y P..r..� T•rN NUO•A:dN Pr.w•w .ww..N kN.r W..w�. D.w1Nmw.1 On.. F•re 1 L. al E. • • S.• S .I N•n in Inurvcii *1 6,500 T n.d N.. Fw.... Trip n C....n«wr wN WNign D • N« IN - m •M L.e.1:w1 C.r.: Smu t... 1 w• 2 7 I d 6 T.1.1 ]r•..I T. C..,,". ..1 Munn • 81650 ,430 6,220 ] 1 016w LMA TmN: 1 peni4 lire N LISA Jwi.dicnw. .2 I 5 Nlrbin Am •1 LHA lwi.die6w 9 T.W Grit., LMA 7...1 10 Tw•I Tool 11 Pebll.•H.n. 1,120 110 1,010 17 M.mMnb Dw. .M 1. 700 ]p 630 13 T.Igb.n. end T.I•.r.r6 2,150 220 1 SIM Id Sundry: R•nnl N 011n• S..0 15,500 1,550 13,950 15 C.Dun.n A ...1 F. wN C.., C.•.• _ Ip Accvu fi •nd AMie F. 10 ]BO 1 080 9,70D I] F.L.. S eti—y .M OHic• $"pri•. 6,700 IB All p16w Sundry E• se 19 T•nl S.M. 44,400 4,440 39 960 70 T.nl Adwubwul•n En...0 OA., TM. l.Iwb. 63,520 7,920 55,600 J.NIII<u1u N Tn.d n Cw•urla. •M N••,te" '* SECTION 8 EXISTING HUD -525]1 2. That the application of the PHA to the Government for a front-end ACC in an amount not to exceed 1 % of the total development cost for surveys and planning in connection with the low -rent housing projects of not to exceed approximately twenty (20) dwelling units is hereby approved. 3. This Resolution also gives majority approval by the City Council of the City of Iowa City, Iowa, of the project within its jurisdiction based upon the study or report and recommendations as required by Section 403A.5 of the Iowa Code. 90, RESOLUTION NO. 91-99 RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC HOUSING AGENCY REQUEST FOR FRONT-END ANNUAL CONTRIBUTIONS CONTRACT (ACC). WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low -rent housing projects that will assist in meeting this goal;.and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans (through the use of a front-end ACC) for surveys and planning in respect to any low -rent housing project unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan (through the use of a front-end ACC); and WHEREAS, the Iowa City Housing Authority (herein called the "PHA") is a public housing agency and is applying to the Government for a front-end ACC to cover the costs of surveys and planning in connection with the development of low -rent housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: That there exists in the City of Iowa City a need for such low -rent housing which is not being met by private enterprise; 2. That the application of the PHA to the Government for a front-end ACC in an amount not to exceed 1 % of the total development cost for surveys and planning in connection with the low -rent housing projects of not to exceed approximately twenty (20) dwelling units is hereby approved. 3. This Resolution also gives majority approval by the City Council of the City of Iowa City, Iowa, of the project within its jurisdiction based upon the study or report and recommendations as required by Section 403A.5 of the Iowa Code. 99 Resolution No. 91-99 Page 2 It was moved by Novick and seconded by adopted, and upon roll call there were: Horowitz AYES: NAYS: ABSENT: the Resolution be x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 14th day of May 1991. YOR y�_ J� Approved by ATTEST: l /la k.�.J 7S--�1a w ('6" CI LERK City`Attorney's Office L hieasstlfront- nd.res U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC HOUSING PROGRAM PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT RESOLUTION NO. 91 -loo WHEREAS, the United States Housing Act of 1937 provides that there shall be local determination of the need for public housing to meet needs not being adequately met by private enterprise; and WHEREAS, under the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Development (HUD) is authorized to provide financial assistance to public housing agencies for such housing; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA (IOWA CITY HOUSING AUTHORITY) AS FOLLOWS: Determination of Need. The PHA hereby determines that within its area of operation there is a need for low-income housing to meet needs not being adequately met by private enterprise. 2. Aoolication and/or Proposal for Housing Assistance. The Mayor of the City of Iowa City is hereby authorized to have prepared one or more applications and/or proposals for public housing assistance for development of up to twenty (20) dwelling units [and for a Preliminary Loan of up to $ NA ); to sign said applications and/or proposals on behalf of the PHA and to submit them to HUD, said dwelling units to be provided as follows: by new construction up to NA dwelling units; by rehabilitation up to NA dwelling units, and by acquisition up to twenty (20) dwelling units. 3. Annual Contributions Contract (ACC). When an ACC is forwarded by HUD to the PHA for execution by the PHA, the Chairman or Vice -Chairman is hereby authorized to execute such ACC on behalf of the PHA; and the Secretary is hereby authorized to impress and attest the official PHA seal on each ACC counterpart and submit to HUD executed counterparts and related documents as required by HUD. 4. General Depositary Agreement. The Chairman or Vice -Chairman is hereby authorized to execute on behalf of the PHA a General Depositary Agreement(s) and/or Savings Depositary Agreement(s) each in the form approved by HUD; and the Secretary is hereby authorized to impress and attest the official PHA seal on each counterpart and submit to HUD executed counterparts and related documents as required by HUD. Funding for Proiect Development Cost. (a) In order to fund the Development Cost of Housing projects pursuant to this Resolution or any other Resolutions as may be required by HUD, the PHA hereby authorizes the issuance of obligations in its name at such times, in such amounts, and on such terms and conditions as HUD may direct or approve in accordance with the ACC. /(D (b) The Chairman or Vice -Chairman is hereby authorized to prepare and execute such PHA obligations; and the Secretary is hereby authorized to impress and attest the official PHA seal, deliver the obligations to HUD or such other lenders as HUD may direct, and accept payment therefor or cause payment to be made as directed or approved by HUD in accordance with the ACC. (c) Each such PHA obligation shall be secured in such manner as may be provided and/or required by HUD in accordance with the ACC. All proceeds from such PHA obligations shall be deposited and used only as approved by HUD in accordance with the ACC. 6. HUD Regulations. In connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, the PHA will comply with all requirements under the applicable regulations of the Department of Housing and Urban Development, 24 CFR 841 or 24 CFR 805, as appropriate, and all HUD regulations relating'to the operation of public housing projects. 7. Meaning of Terms. All terms used in this Resolution which are defined in the ACC shall have the meanings given to them in the ACC. 8. Effective Date. This Resolution shall take effect immediately. It was moved by Horowitz and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco —X Courtney % Horowitz X Kubby % Larson % McDonald —S— Novick Passed and approved this 14th day of May. '1991. Y OR Approved by ATTEST:au� CITY'CLERK City Attomey's;Office hisasstlphehsgaes fov RESOLUTION NO.91-101 1:1Y�II�II[i • • • • WHEREAS, the City of Iowa City, Iowa (hereinafter called the "Municipality"), acting by and through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Commission"), has requested from the United States of America, Housing and Urban Development (hereinafter called "HUD"), a Program Reservation for twenty (20) units of low rent housing to be developed and located within the corporate limits of the Municipality and may hereafter apply for additional Program Reservations; and WHEREAS, the Municipality, acting by and through the Commission, shall endeavor to secure one -or more contracts with HUD for loans and annual contributions in connection with the development and administration of such low rent housing projects, all pursuant to the United States Housing Act of 1937, as amended (hereinafter called the "Act"); and WHEREAS, all such low rent housing projects are for a public purpose and exempt from all real and personal property taxes under the Statutes of the State of Iowa; and WHEREAS, the Municipality is desirous of assisting and cooperating in such undertakings and of complying with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Section 1. Whenever used in this resolution, the following terms shall have the following meanings: (a) The term "Complex" shall mean any low rent housing hereafter developed as one operation by the Commission with financial assistance of HUD and included within any Program Reservations issued to the Municipality, acting by and through the Commis- sion, by HUD which in the aggregate may not exceed twenty (20) units of low rent housing. A Complex will generally be located on a single site but may be on scattered sites. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof (including the Municipality) in which a Complex is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Complex if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Complex for dwelling rents and non -dwelling rents (excluding all other income of such Complex), less the cost of all dwelling and non -dwelling utilities. (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 161 Resolution No. 4i_tni Page 2 Section 2. The Municipality agrees that with respect to any Complex, so long as either (a) such Complex is used for low rent housing purposes, or (b) any contracts between the Municipality, acting by and through the Commission, and HUD for loans or annual contributions, or both, in connection with such Complex shall remain in full force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality will not levy or impose any real or personal property taxes upon such Complex or upon the Commission with respect thereto. During such period, the Commission shall make annual payments to the Municipality (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Complex. Each Annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten percent 0 0%) of the aggregate Shelter Rent charged by the Commission in respect to such Complex during such fiscal year, or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Commission to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Commission shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, however, that no payment for any year shall be made to any Taxing Body (including the Municipality) in excess of the amount of the.real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes, or (b) any contract between the Municipality, acting by and through the Commission, and HUD for loans or annual contributions, or both, with respect to such Complex shall remain in force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Commission or the tenants of such Complex (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Commission and the tenants of such Complex public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Commission jurisdiction of any interest the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Commission and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; Al Resolution No91-101 Page 3 (c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code of the Municipality as its Council deems appropriate under the circumstances and area reasonable and necessary to promote economy and efficiency in the development and administration of such Complex; and make such changes in any zoning of the site and surrounding territory of such Complex as its Council deems appropriate under the circumstances and are reasonable and necessary for the development and protection thereof; (d) Accept grants of easements necessary for the development of such Complex; and (e) Cooperate with the Commission by such other lawful action or ways as the Municipality and Commission may find necessary in connection with the development and administration of such Complex. Section 4. In respect to any Complex, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Commission: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Complex after the Commission, out of Complex development funds, has completed the grading, improvement, and paving thereof in accordance with specifications acceptable to the Municipality; and (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Complex or necessary to provide adequate access thereto'(in consideration whereof the Commission shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site for work if it were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Complex and serving the bounding streets thereof (in consider- ation whereof the Commission shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site if it were privately owned). Section 5. If the Municipality shall, within a reasonable time after written notice from the Commission, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Commission or to any Complex, then the Commission upon obtaining such services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Complex or any other low rent housing Projects assisted or owned by HUD. Section 6. The Municipality agrees that so long as any contract between the Municipality, acting by and through the Commission, and HUD for loans (including preliminary loans) or annual contributions, or both, with respect to any Complex shall remain in force and effect, or so long as any bonds issued in connection with such Complex shall remain outstanding, this resolution shall be regarded as a contract and shall not be abrogated, changed, or modified without the consent of HUD. The privileges and obligations of the Municipality /61 Resolution No91-101 Page 4 hereunder shall remain in full force and effect with respect to each Complex so long as the beneficial title to such Complex is held by the Municipality or some other public body or governmental agency, including HUD, authorized by law to engage in the development or administration of low rent housing Projects. If at any time the beneficial title to, or possession of, any Complex is held by such other public body or governmental agency, including HUD, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD. Section 7. No Cooperation Resolution heretofore entered into between the Municipality and the Commission shall be construed to apply to any Complex covered by this resolution. Section 8. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and administration of the Complex or Complexes to the fullest extent permitted by law. It was moved by Horowitz and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby y Larson X McDonald X Novick Passed and approved this 14th day of May , 1991, ATTEST: /4a4K� -ski -) CITY -CLERK hisassWowrent.res 4�11YOR Appro ed by 7 y Attorne s Office J -`%-Cl'/ 161 64 07� RESOLUTION NO. 91-102 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT KC -9033E. PROJECT NO. IA05-E022-015. WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract) with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Novick adopted, and upon roll call there were: AYES: X X X X and seconded by NAYS: Passed and approved this 14th day of Horowitz ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. the Resolution be � ,/ I/ Appro, ed by ATTEST: /�farc.�.J iC. 7SC,k CIT LERK Ci Affomey'svibi e l[p�j hisassAcons.res V." / /C) 0 IAO5-EO22-015 ACC PART I Number: KC -9033 E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART I for HOUSING CERTIFICATE PROGRAM 1.1 DEFINITIONS. A. ACC. As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC, "ACC" means. the CACC. B. Budget Authority. The maximum aggregate amount which may be paid by HUD for each project in the Program over the duration of the CACC. Budget Authority is reserved by HUD from amounts authorized and appropriated by the Congress. (Exhibit II lists budget authority for projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years.) C. CACC. Consolidated Annual Contributions Contract. D. Contract Authority. The amount of contract authority for each project is .listed in Exhibit I or Exhibit II of this CACC Part 1 (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). E;_ Cost Amendment. An amendment to the CACC which provides additional contract or budget authority to cover increased Program Expenditures to maintain the Program at the number of units originally approved by HUD. P. Fiscal Year. The PHA Fiscal Year. ACI: PAK I 1 : pages raz G. HUD. U. S. Department of Housing and Urban Development. H. Maximum Annual Contribution Commitment. See section 1.4.C.l.b of this CACC. I. PHA. Public Housing Agency. J. Program. The PHA's Housing Certificate Program under the CACC. K. Program Receipts. Amounts paid by HUD to the PHA for the Housing Certificate Program, and any other amounts received by the PHA in connection with the Program. L. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. M. Project. A funding increment for the Program. (The project may be for additional units or for a cost amendment.) 1.2 HOUSING CERTIFICATE PROGRAM. A. Proiects in Program. 1. List of Projects. The Projects in the Program are listed in Exhibit 1 and Exhibit lI of this CACC Part I. 2 Exhibit I. Exhibit I. lists projects funded with amounts appropriated before Federal Fiscal Year 1958. 3. Exhibit II. Exhibit II lists projects funded with amounts appropriated in Federal Fiscal year 1988 and later years. H. Number of Units (by number of bedrooms). To the maximum extent feasible, the PHA shall enter into cuncracts for housing asci<tanca payments for units under the Program in accordance with the unit distribution stated in this section. No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Number of bedrooms Number of Cnit:: 0 10 _ _ l 196 2 237 :j 34 _ 4 5 ACC PART 1: Paye u1 0 pa)•,a••: /a2 C. PHA Fiscal Year. 1. The first fiscal year for the Program shall begin on July (Enter the effective date for the first project listed in Exhibit I of Part I of the CACC. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) The first Fiscal Year for the Program shall end on the last day of the PHA Fiscal Year which ends not less than 12 months, or more than 23 months, after this date. 2. Thereafter, the fiscal year for the Program shall be the 12 month period ending June 30 of each calendar year. (Enter the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an Annual Contributions Contract with HUD.) 1.3 TERM. A. Exhibit I Projects. For al Projects listed in Exhibit I, the term of the CACC shall end on June 30, 1992 (Insert last date of CACC term for all Exhibit I projects. If this date is not entered before the CACC is signed by the PHA, the date may. be entered subsequently by HUD, upon written notice by HUD to the YHA.) B. Exhibit lI Projects. For each project listed in Exhibit 11. 1. Exhibit II states the first date and last date of the ACC term for the project. 2. The first date of the ACC term for the project shall he the first day of the month when HUD signs the CACC which adds the project to the Program, or another date as determined by HUD. 3. If the first or last date of the ACC term for the project is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. 4. HUD ma_v revise Exhibit II at any tir..e, upon written notice by HUD to the PITA (a) to add a cost amendment project, or (h) to remove a project for which the ACC term has expired. ACC Part 1: Page 3 of 6 p-wes 162 1.4 ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount an Purpose of HUD Payments. 1. The annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. 1. Annual Limit on Payments for Program. a. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for the program under section 1.4.B during the Fiscal Year shall not be more than the Maximum Annual Contribution Commitment 101- the orthe Program. b. The Maximum Annual Contribution Commitment for the Program for each PHA Fiscal Year shall be equal to the sum of the contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each Project in the Program is stated in Exhibit I and 11 of this CACC Part 1 (subject to reduction in accordance with section 1.4.1) and section 2.3 of this CACC). If the first Fiscal Year for the Program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first Fiscal Year may be adjusted in an amount as determined by 11111) !Iv the addition of the pro rata amount applicable to the period in excess of 12 months. ACC I'.irl 1 : 4 o1 (, page:: /02 2. Limit on Total Payments for Program. The sum of HUD payments under section 1.4.B for the Program over the duration of the CACC (including any payments from the CACC reserve account as provided in section 1.4.E) shall not be more than the sum of the budget authority amounts reserved by HUD for the projects in the Program from amounts authorized and appropriated by the Congress. D. Reduction of Amount Payable. HUD may reduce the amount payable by HUD for any project or for the Program, and may reduce the amount of the contract authority or budget authority for any project, by giving the PHA written notice of reduction'in accordance with section 2.3 of this CACC. The notice by HUD may include a revision of Exhibit I or II to state the reduction in the amount of contract authority or budget authority for a project. E. CACC Reserve Account. A CACC reserve account shall be established and maintained by HUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c)(6) of the U. S. Housing Act of 1937. The CACC reserve account may be used by HUD for payment of any portion of the payment approved by HUD under section 1.4.B for the Fiscal Year. F. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall consitute a separate ACC. 1.5 CACC. A. The CACC consists of this CACC Part 1 (including Exhibits I and II) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole CACC for the Program. ACC Part I: Page 5 of h Ib Z B. This CACC supersddes any previous Annual Contributions Contract for the projects or Program. Matters relating to operation of the projects or Program under a previous Annual Contributions Contract shall be governed by this CACC. Signatures: PUBLIC HOUSIN AGENCY IOWA CITY HOUSING AUTHORITY Name of PHA Signature JOHN MCDONALD, MAYOR Print or Type Name and Official Title of Signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT By Signature ,5/N/7/ Date Signe Date Signed William H. McNarney, Manager — Des Moines Office Print ur --Type N:IOIe and Official Title cif Signauory /D' PROJECT NUMBER ACC Parr 1 Number EXHIBIT I Projects Appropriated Before Federal Fiscal Year 1988 ACC LIST NUMBER CONTRACT AUTHORITY KC -9033 E PROJECT ACC EFFECTIVE DATE Ongoing - 86 x 0164: IA05-E022-004 KC -78-118 $168,552 07/01/1978 IA05-E022-006 KC -78-086 $ 84,180 07/01/1978 IA05-E022-007 KC -79-146 $132,300 07/01/1979 IA05-E022-008 KC -81-213 $ 92,700 06/26/1981 IA05-E022-009 KC -83-207 $ 87,300 10/18/1983 IA05-E022-010 KC -84-166 $ 58,464 01/31/1985 IA05-E022-011 KC -86-076 $129,600 02/01/1987 /0 Z IA05-EO22-015 ACC Part I Number: KC -9033 E EXHIBIT II Projects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority. BA = Budget Authority. PROJECT CA BA FIRST DATE LAST DATE UNIT NUMBER OF TERM OF TERN DISTRI- BUTION IA05-EO22-001 $193,968 $2,909,520 01/01/1976 12/31/1990 1BR - 46 2BR - 40 3BR - 10 4BR - 4 IA05-EO22-002 $ 89,244 $1,338,660 07/01/1976 06/30/1991 OBR - 5 IBR - 31 2BR - 11 3BR - 2 IA05-EO22-003 $169,524 $2,542,860 07/01/1976 06/30/1991 OBR - 9 IBR - 56 2BR - 23 IA05-EO22-901 $429,143 $ 858,286 08/23/1988 06/30/1990 IA05-EO22-902 $128,000 $ 128,000 07/01/1990 06/30/1991 IA05-EO22-013 $ 51,866 $ 259,330 01/01/1991 12/31/1995 1BR - 6 3BR - 2 4BR - I IA05-EO22-001 ($193,968) 01/01/1991 (100) IA05-EO22-002 ($ 89,244) 07/01/1991 ( 49) IA05-EO22-003 ($169,524) 07/01/1991 ( 88) Renewal 86 x .0194: IA05-EO22-014 $355,673 $1,778,365 01/01/1991 12/31/1995 1BR - 46 (Renewal - replaceing IA05-EO22-001) 2BR - 40 3BR - 10 4BR - 4 IA05-EO22-015 $584,624 $2,923,120 07/01/1991 06/30/1996 OBR - 10 (Renewal - replacing 1A05-EO22-002 and 1A05 -E022-003). 1BR - 91 2BR - 34 3BR - 2 /02'. RESOLUTION NO. 91-103 RESOLUTION ESTABLISHING A LOW-INCOME FEE POLICY FOR PARKS AND RECREATION PROGRAMS AND ACTIVITIES. WHEREAS, the Iowa City Parks and Recreation Department is authorized to charge fees for many of its programs, activities, and facilities; and WHEREAS, certain residents of the City find it unaffordable to participate in said programs and activities; and WHEREAS, it is in the public interest to establish a low-income fee policy for the residents of Iowa City as shown on the attachment which is hereby incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached low-income fee policy and eligibility guidelines for participation'in Parks and Recreation programs and activities are hereby adopted, to become effective with the 1991 summer program. It was moved by Courtney and seconded by adopted, and upon roll call there were: Horowitz the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 14th day of xay 1991. YOR pproved�h. ATTEST: /y � /I CITY -CLERK City Attorney's Office \Iwincfee.res 163 Iowa City Parks and Recreation Department LOW-INCOME POLICY AND ELIGIBILITY GUIDELINES 0 All eligible individuals/families are granted a 50% discount for programs and activities other than those identified as "non - eligible programs." Residents with a current Title XIX card automatically qualify for the discount; otherwise, residents at or below the following income guidelines qualify for the discount (based on 130; of the federal poverty guidelines): Family Annual Monthly Weekly Size Income Income Income 1 8,606 718 166 2 11,544 962 222 3 14,482 1,207 279 4 17,420 1,452 335 5 20,358 1,697 392 6 23,296 1,942 448 7 26,234 2,187 505 8 29,172 2,431 561 For each add11. family member add +2,938 +245 +57 Non -Eligible Programs/Activities 1) Team Entry Fees 2) Daily Admissions 3) Group Rentals/Reservations 4) Farmers Market 5) Vending/Concession/Locker Rentals 6) Non -Residents May 9, 1991 /03 RESOLUTION NO.91-104 RESOLUTION AMENDING THE AFSCME PAY PLAN AND RECLASSIFYING A POSITION IN THE POLLUTION CONTROL DIVISION OF THE PUBLIC WORKS DEPARTMENT. WHEREAS, Resolution No. 89-156 adopted by the City Council on March 13, 1989, established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibili- ties performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the position of Electronics Technician - Pollution Control be reclassified from range 9 to range 11. It was moved by Kubby and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 14th day of ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. AYOR �/ Approved_b j ATTEST:_cte�,r% 7f. �ti i , �✓. �. CIT LERK — /\l City Attorney's Office _�5--�7_ -%1 humenreI\eIectech.r RESOLUTION NO. 91-105 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT. WHEREAS, Resolution No. 90-33 adopted by the City Council on March 9, 1990, authorized permanent positions in the Government Buildings Division of the Parks and Recreation Department for FY91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Government Buildings Division be amended by the addition of one Maintenance Worker I, pay grade 01. It was moved by Kubby and seconded by Novick adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 14th day of ATTEST: human reRgovrbldg. res ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by City Attorney's Office 165 RESOLUTION NO. 91-106 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY. WHEREAS, Resolution No. 90-33 adopted by the City Council on March 9, 1990, authorized permanent positions in the Library for FY91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Library be amended by: 1. The addition of one Librarian II position, pay grade 13. 2. The deletion of one Librarian I position, pay grade 10. It was moved by Larson and seconded by adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 14th day of ATTEST: 2 7 CITY'CLERK humenrehlibrery.res Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. YOR Appr ved by C y Attorney's Officeu� .=f --- y-9/ 1D& RESOLUTION NO. 91-107 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A STORAGE BUILDING TO BE LOCATED AT NORTH WASTEWATER TREATMENT PLANT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 11th day of June, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Ambrisco Courtney x_ Horowitz �- Kubby x Larson x McDonald x Novick Passed and approved this 9Arh day of May 1991. OR /l ) AP OVED A ATTEST:I i.�� 7C• �/ CITY CLERK City Attorney's Office 16? RESOLUTION NO. 91-108 q�e:� F" - RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR VILLA GARDEN APARTMENTS. WHEREAS, the owner, Robert Burns, has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary and final Large Scale Residential Development plan for Villa Garden Apartments; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Residential Development plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Residential Development plan has been examined by the Planning and Zoning Commission; and, after due deliberation, the Commission has recommended that the plat be accepted and approved; and WHEREAS, the preliminary and final Large Scale Residential Development plan for Villa Garden Apartments is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the preliminary and final Large Scale Residential Development plan for Villa Garden Apartments is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution and of the preliminary and final Large Scale Residential Development plan for Villa Garden Apartments after passage and approval by law. It was moved by Kubby and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: Passed and approved this 2Arh day of ATTEST ABSENT: Ambrisco Courtney X Horowitz Kubby Larson McDonald Novick 1991 ppdadminWillagrd.res (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa Date of Meeting: May 28 , 1991. Time of Meeting: 7:30 o'clock P M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: - Resolution determining the necessity and setting a date of hearing on a proposed Villa Garden Urban Renewal Plan for a proposed Urban Renewal Area in the City of Iowa City. Such additional matters are set forth on the addi- tional 15 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. AHLERS. C00SEP. DORWEILER. HAYSIE. SMITH & AUBEE. Rr_ ATTOFNE"AT4W GES MdNEb.gWA Pus, +,W_a /�� tjernout� 8� 3o cu.-, The City Council of Iowa City, Iowa, met inregLlar session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7•10 o'clock p M.., on the above date. There were present Mayor Mrnnnald , in the chair, and the following named Council Members: Ambrisco, Courtney, Kubbv, Larson, Novick FiT u I.I ._ R Absent: Horowitz Council Member Courtney then introduced the following proposed Resolution entitled "RESOLUTION DETERMINING THE NECESSITY AND SETTING A DATE OF HEARING ON A PROPOSED VILLA GARDEN URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE OF IOWA CITY", and moved that the same be adopted. Council Larson seconded the motion to adopt. The roll called and the vote was, AYES: Ambrisco, Courtney, Kubbv, Larson, McDonald, Novick ABSENT: Horowitz NAYS: None. -1- CITY Member was AHLEBS, COONEY, DORWEILEB, HAYME. SMITH & ALLBEE. P.C. ,\ AT ORNEYSATL W DESMOINES.IOWA u R'eS B' RESOLUTION NO. 91-109 RESOLUTION DETERMINING THE NECESSITY AND SETTING A DATE OF HEARING ON A PROPOSED VILLA GARDEN URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA. WHEREAS, it is hereby found and determined that one or more blighted or economic areas, as defined in Chapter 403, Code of Iowa, exist within the City and the rehabilitation, conservation, redevelopment, development, or combination thereof, of the area(s) is necessary in the interest of the public health, safety, or welfare of the residents of the city; and WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Villa Garden Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and WHEREAS, this proposed Urban Renewal Area includes and consists of: A tract of land consisting of Lot 11 and a portion of Lot 10 of Block Braverman Center, Iowa City, Iowa, more particularly described as follows: Beginning at the southeast corner of Lot 11 of said Block 1, thence N89033'40"W, 220.00 feet along the south line of said Lot 11, to the Northwest Corner of Lot 12 of said Block One; thence S0O126'20"W along the west line of said Lot 12, 90.00 feet to the Southeast Corner of Lot 10, of said Block 1; thence N89 033'40"W along the south line of said Lot 10, 254.26 feet to the easterly line of an existing stormwater storage easement; thence N0O126'20"W along said easement line, 75.00 feet; thence N29034'5O'W along said easement line, 44.90 feet; thence N59132'57"W along said easement line, 66.22 feet; thence N89 °33'40"W along a line parallel with, and 3.00 feet south of said easement line, 182.93 feet; thence NO0026'20"E, 123.00 feet to a point on the southerly right-of-way line of Cross Park Avenue; thence S89033'40"E, along said right-of-way line, 722.00 feet; thence southeasterly 23.56 feet along a 15.00 foot radius curve, concave southwest- erly, whose 21.21 foot chord bears S44133'40"E, to a point on the westerly right-of-way line of Broadway Sireet; thence S00026'20"W along the westerly right-of-way line of Broadway Street, 165.00 feet to the Point of Beginning. Said tract of land contains 3.275 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Iowa statutes require the City Council to submit the proposed Villa Garden Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the city as a whole, prior to City Council approval of such urban renewal plan and further provides that the Planning and zoning Commission shall submit its written recommendations thereon to Council within thirty (30) days of its receipt of such proposed Villa Garden Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on an urban renewal plan for an urban renewal project subsequent to notice thereof by publication 109 Resolution No. 91-109 Page 2 in a newspaper having general circulation within the City, which notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing shall be held on the proposed Villa Garden Urban Renewal Plan before the City Council at its meeting which commences at 7:30 o'clock p.m. on June 11, 1991, in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is authorized and directed to publish notice of this public hearing in the Iowa City Press -Citizen, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, in substantially the following form: (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED VILLAGE GARDEN URBAN RENEWAL PLAN FOR A PROPOSED- URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA. The City Council of the City of Iowa City, Iowa, will hold a public hearing on before itself at its meeting which commences at 7:30 o'clock'P.M. on June 11, 1991, in the Council Chambers, Civic Center, Iowa City, Iowa, to consider adoption of a proposed Villa Garden Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa, legally described as follows: A tract of land consisting of Lot 11 and a portion of Lot 10 of Block 1 Braverman Center, Iowa City, Iowa, more particularly described as follows: . Beginning at the southeast corner of Lot 11 of said Block 1, thence N89033'40"W, 220.00 feet along the south line of said Lot 11, to the Northwest Corner of Lot 12 of said Block One; thence S00026'20"W along the west line of said Lot 12, 90.00 feet to the Southeast Corner of Lot 10, of said Block 1; thence N89033'40"W along the south line of said Lot 10, 254.26 feet to the easterly line of an existing stormwater storage easement; thence N00026'20"W along said easement line, 75.00 feet; thence N29034'50"W along said easement line, 44.90 feet; thence N59032'57"W along said easement line, 66.22 feet; thence N89133'40"W along a line parallel /09 Resolution No. 91-109 Page 3 with, and 3.00 feet south of said easement line, 182.93 feet; thence N00026'20"E, 123.00 feetto a point on the southerly right-of-way line of Cross Park Avenue; thence S89033'40"E, along said right-of-way line, 722.00 feet; thence southeasterly 23.56 feet along a 15.00 foot radius curve, concave southwesterly, whose 21.21 foot chord bears S44033'40"E, to a point on the westerly right-of- way lihe of Broadway Street; thence S00° 26'20"W along the westerly right-of-way line of Broadway Street, 165.00 feet to the Point of Beginning. Said tract of land contains 3.275 acres, more or less, and is subject to easements and restrictions of record. which land is to be included as part of this proposed Urban Renewal Area. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa, is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consider- ation in the Plan is to generate development of affordable rental housing consistent with the Plan elements. The City may install, construct, and reconstruction streets, parking facilities, open space areas, and other substantial public improvements, and may acquire and make land available for development or redevelop- ment by private enterprise as authorized by law. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the City Code of Iowa. Dated this & day of , 1991. City Clerk, Iowa City, Iowa (End of notice) 3. That the proposed Villa Garden Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Villa Garden Urban Renewal Plan referred to in said notice for purposes 10 Resolution No. 91_109 Page 4 of such notice and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. 4. That the proposed Villa Garden Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan of the City, with such recommendation to be submitted in writing to this Council within thirty (30) days of the date hereof. It was moved by Courtney and seconded by adopted, and upon roll call there were: AYES: NAYS: Larson ABSENT: the Resolution be x Ambrisco % Courtney % Horowitz % Kubby x Larson X McDonald R Novick Passed and approved this 28th day of May 1991. W Appr e b ATTEST:J 4ZAJ CITY LERK eity Attorney's Office S/ q I legeRvillagrd.res EXHIBIT A VILLA GARDEN URBAN RENEWAL PLAN �vq TABLE OF CONTENTS Page Section 1 - Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 1 Section 2 - Description of Urban Renewal Area ................................. 2 Section 3 - Urban Renewal Plan Objectives .................................... 3 Section 4 - Proposed Urban Renewal Actions .................................. 4 Section 5 - Land Use ................................................. 5 Section 6 - Other Provisions Necessary to Meet State and Local Requirements ............. 6 Section 7 - Procedures for'Changes in Approved Plan ............................ 8 Addendum No. 1 - Legal Description ....................................... 9 Addendum No. 2 - Villa Garden Development Plan ............................. 10 10 Introduction The Iowa City Comprehensive Plan - 1989 Update states as a housing goal the need to meet the varied housing needs of its citizens and to ensure to the extent possible, safe, healthy and affordable housing in a pleasant environment. The presence of the University of Iowa, in particular, has for years created high demands for housing in Iowa City. This demand often negatively affects the elderly, new households and families, many of whom are competing with students for the same housing. Rental housing surveys have consistently demonstrated a relatively low vacancy rate in the Iowa City area. This demand for housing escalates its costs to levels that low to moderate income persons can rarely afford. Under the circumstances, there is the need to bring about economic development, Le, commercial development in the form of multi -family housing units that provide opportunities for low to moderate income persons particularly in locations accessible to schools, jobs, shopping areas and on or near transit lines. This Urban Renewal Plan presents a proposal for the location of affordable housing for low to moderate income persons on land having many of the attributes important to such housing. Consequently, the primary objectives of this Urban Renewal Plan are to: To provide affordable housing for low to moderate income persons. Encourage public action and commitments to this area; and Stimulate private investment in development. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under §403 of the 1991 Code of Iowa, as amended. -1- /0/ Description of Urban Renewal Area The general boundaries of the Villa Garden Urban Renewal Plan Area, referred to hereafter in this Plan as the proposed Urban Renewal Project Area, are shown on Addendum No. 2 - Villa Garden Development Plan. 'Ibis area is approximately 3.27 acres. The proposed Urban Renewal Project Area is generally described as follows: East - approximately 500 feet east of Keokuk Street. . West - west of Broadway Street and the Broadway Neighborhood Center. North - north of the Pepperwood Addition located on both sides of Sandusky Drive. South - south of Cross Park Avenue, across from the Pepperwood Place shopping center. The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 - Legal Description. -2- Io l Urban Renewal Plan Objectives The overall goal of the Villa Garden Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the proposed Urban Renewal Project Area. The following objectives have been established for this proposed Urban Renewal Project Area: • Preserving the environment and create development opportunities within the proposed Urban Renewal Project Area which will protect the health, safety, and general welfare of the Villa Garden residents. • To provide affordable housing for low to moderate income families. • To strengthen the economic well-being of Iowa City by increasing retail and commercial activity and job opportunities. • To expand the taxable values of property within the proposed Urban Renewal Project Area. • To provide for orderly physical and economic growth. • To establish conditions which will attract new investment. • To provide safe, efficient, and attractive public and private vehicular access and egress for the proposed Urban Renewal Project Area. • To achieve coordinated development to provide for efficient building design, multi-purpose uses of the site, and unified off-street parking. • To improve the appearance of buildings, opens spaces, and drives in the proposed Urban Renewal Project Area. • To encourage attractive, convenient, and suitable development. -3- Proposed Urban Renewal Actions Proposed urban renewal actions will consist of the provision of public facilities and improvements. The following public improvements and facilities on an as -needed basis shall include: Installation of Cross Park Avenue, a proposed new public street that will border the Urban Renewal Project Area on the north; the installation of public sidewalks along all streets bordering the Project Area; the installation of water mains and fire hydrants; the installation of sanitary sewer facilities; and the acquisition of land or interests in land to facilitate development which is consistent with the plan. -4- 10i Land Use Current Zoning The Project Area is presently zoned RM -12, Low Density Multi -Family Residential Zone. The current zoning and the proposed Urban Renewal Project Area are intended for a low density of multi -family residential development. Uses permitted in this zone include townhouses and low-rise apartment buildings. Current Lancs Use The Project Area is vacant and undeveloped. Many of the attributes important to affordable housing for low to moderate income persons are located near the Urban Renewal Project Area. A commercial area immediately to the north and northwest, provides opportunities for employment as well as a source of goods and services in meeting the day -today needs of the prospective residents. Transit lines exist in close proximity to the Urban Renewal Project Area which enable residents to travel to and from virtually any location in Iowa City. Comprehensive Plan The Iowa City Comprehensive Plan - 1989 Update consists of a compendium of policy statements which deal with various facets of the City's growth and development. The plan and its policies project the City's rate of growth and image. The plan and its policies are the framework for public and private_ decisions relating to the maintenance and growth of the City. The Comprehensive Plan contains these policies and statements which support this Urban Renewal Plan's objectives. • Consider financial incentives and programs to facilitate the City's economic policies. Consider the diverse needs of renters and homeowners in making residential development decisions. The housing needs of low -moderate income households and special populations such as people with disabilities and the elderly should be accommodated. The Land Use Map contained in the Comprehensive Plan illustrates the Urban Renewal Project Area for 8 to 16 dwelling units per acre of residential development which is consistent with the proposed Urban Renewal Plan. -5- t6q Other Provisions Necessary to Meet State and Local Requirements - Chapter 403 of the 1991 Code of lows, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development and redevelopment of slum, blighted, and/or economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an ') are detailed below. Provision: A Resolution of Necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. A Resolution of Necessity was adopted by the City Council on , 1991. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic develop- ment of affordable housing for low to moderate income persons has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is a blighted area or' in need of economic development because certain conditions exist which effectively hinder development. A Resolution of Necessity designated the area as meeting the criteria detailed by Chapter 403, Code of Iowa, was adopted by the City Council on '1991. Provision: A general plan for the development of the municipality has been adopted. = The City of Iowa City adopted the Iowa City Comprehensive Plan - 1989 Update on July 11, 1989. Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1989 update. The Plan and Zoning Commission recommendation was forwarded to the City Council on 11991. 0 /09 Provision: A public hearing on the Urban Renewal Plan is held after official publication of the public notice. • The public hearing on this Urban Renewal Plan document pursuant to state law was held on ', 1991. The public notice was published 1991, in the Press -Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for relocating individuals and families. (b) The Urban Renewal Plan conforms to the general plan, known as the Iowa City Comprehensive Plan - 1989 j1pdate. No relocation of individuals and families is necessary as the land is undeveloped. The City Council of the City of Iowa City has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1989 Update, the adopted general plan for the municipality by resolution on July 11, 1989. Iva %0 Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with the applicable state and local laws. 10 10 Addendum No. 1 Legal Description of the Proposed Urban Renewal Project Area A tract of land consisting of Lot 11 and a portion Lot 10 of Block 1 Braverman Center, Iowa City, Iowa, more particularly described as follows: Beginning at the southeast corner of Lot 11 of said Block 1, thence N89033'40"W, 220.00 feet along the south line of said Lot 11, to the Northwest Corner of Lot 12 of said Block One; thence S00°26'20"W along the west line of said Lot 12, 90.00 feet to the Southeast Corner of Lot 10, of said Block 1; thence N89033'40"W along the south line of said Lot 10, 254.26 feet to the easterly line of an existing stormwater storage easement; thence N00°26'20"W along said easement line, 75.00 feet; thence N29°34'50"W along said easement line, 44.90 feet; thence N59°32'57"W along said easement line, 66.22 feet; thence N89°33'40"W along a line parallel with, and 3.00 feet south of said easement line, 182.93 feet; thence N00°26'20"E, 123.00 feet to a point on the southerly right-of-way line of Cross Park Avenue; thence S89°33'40"E, along said right -0f --way line, 722.00 feet; thence southeasterly 23.56 feet along a 15.00 foot radius curve, concave southwesterly, whose 21.21 foot chord bears S44°33'40"E, to a point on the westerly right -0f --way line of Broadway Street; thence S00°26'20"W along the westerly right-of-way line of Broadway Street, 165.00 feet to the Point of Beginning. Said tract of land contains 3.275 acres, more or less and is subject to easements and restrictions of record. IUp 101 Addendum No. 2 Villa Garden Development Plan (included elsewhere in this agenda packet) toll CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9Rth day of May , 1991. SEAL c10714024rmfO5151112 City` Clerk, Iowa City, Iowa AHLEBS. COONEY. DORWEILEH. HAYNIE. S9ITH S :1LLBEE. P.C. AT ORNEVSATL W OESMOINES,IOWA 1601 I" RESOLUTION NO. 91-110 RESOLUTION AUTHORIZING CONVEYANCE, BY QUITCLAIM DEED, A PORTION OF VACATED COURT STREET AND A VACATED NORTH -SOUTH ALLEY IN BLOCK 94, ORIGINAL TOWN, TO THE STATE BOARD OF REGENTS FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA. WHEREAS, on July 10, 1990, by Ordinance No. 90-3464, the City of Iowa City vacated a portion of Court Street and also a north -south alley located in Block 94, Original Town, as shown in the quitclaim deed and location plan marked Exhibit A and attached hereto; and WHEREAS, the State Board of Regents for the State University of Iowa wishes to use the above vacated areas for University purposes; and WHEREAS, upon vacation of dedicated right-of-way, reversion to the State of Iowa occurs by operation of law, since Original Town was a patent from the State of Iowa; and WHEREAS, the City has no need for said vacated right-of-way, and a quitclaim deed to the University of Iowa will show chain of title; and WHEREAS, the Council did declare its intent to convey said vacated right-of-way to the State Board of Regents for the benefit of the State University of Iowa, pursuant to Resolution 91-86 dated May 14, 1991; and WHEREAS, after publication of notice, as required by law, and following public hearing, the Council finds the proposed conveyance of vacated right-of-way, as set forth in the Quitclaim Deed and location plan marked Exhibit A and attached hereto, is in the best interests of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Mayor and City Clerk are authorized to execute the Quitclaim Deed attached hereto, conveying a portion of vacated Court Street, and a vacated north -south alley in Block 94, Original Town, to the State Board of Regents on behalf of and for the benefit of the State University of Iowa, located in Iowa city, Iowa, as a means of showing chain of title. 2. The City Attorney is hereby authorized to deliver said Quitclaim Deed to the State Board of Regents, for recordation in the Johnson County Recorder's Office at the Board's expense, and to obtain a copy of said recorded quitclaim deed for permanent file in the City Clerk's Office. /I0 Resolution No. 91-110 Page 2 It was moved by Larson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: x x x x NAYS: ABSENT: Ambrisco x Courtney x Horowitz Kubby Larson x McDonald Novick Passed and approved this 28th day of ATTEST: otn/ CI LERK iegancourst.res 1991. :ity Attorney's Office C/ 1i/ 110 I IOWA eTAIEW ASSOCIATION FORT ul 9mmmT " slaw Four, Ra to of rwA ForaA cpruuvroua Lsrvvu SPACE ABOVE THIS LIRE l�st< FOR RECORDER QUIT CLAIM DEED For the consideration of 51.110 Dollars) and ortwvaluable consideration. City of Iowa, a municipal corporation do hereby Gua Gam to The State of Iowa Board of Regents on behalf of The State University of Iowa abi ore right, bills, interest estate, dein and demand in the foNowkg descril real estate in Johnson Courqq, Iowa: The remaining eighty (80) foot portion of vacated Court Street right-of-way lying west of Front Street, and the vacated north-south alley in Block 94, Original Town, all as vacated by the City of Iowa City, Iowa Ordinance No. 90-3464 and dated July 10, 1990, all as described on the attached Location Plan marked , Exhibit A. This conveyance is exempt from transfer tax under §428A.2(6) Code of Iowa (1991). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the mal estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the angular or plural number, and as masculine or feminine gender, according to the context. QQ Dated: Mw�w .38 t 199/ I�orx• Yor (Granby) TATE OF 1 ccD- .� 4 ., _day of fi est: y er (Grantor) —, before me theauN y neo, a Notary tinlOr Pudisaid State, person appeared (G=bDI) to meknownWthe ei tical persons named in and who (Grantor) executed the for g strument and acknowledged that they execul the sal as their voluntary act and deed' (Granbr) Notary Public rlormdackrowk>ig�rreMMiMRkualg sl onN) (Grantor) 1 BBY •�Y'^ Ot — (Grantor) C{ty AltamY'6 OSMc� ' •w R.,..V Nmbi tro dUrf CIAY oEm son ra �eou vice a o<•xe vae 11 or rwa conatcoxaw:ounwrer.' 1 STATE OF IOWA, JOHN50N COUNTY, ss: ii Onthis 28th day of May —19 _gLbefore me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Inhn Mrnnnald and Marian K. Karr—, tome personally known, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the Clry of Iowa City , Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on Resolution 91-110 behalf of the corporation, by authority of its City Council, as contained in Qpjjg?Digj{No. passed by Resolution of the City Council under Roll Call No. of the City Council on the 28th day of May 19 91 ;and John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the a voluntary act and deed of the corporation, by it voluntarily executed. M 6, �rcn h. Notary Public in and for said State. IOWA STATE BAR ASSOCIAnON Iecwnase.ae.rmeia.el Olfklel Form No. 1l3 Io.e..wn n.ryn.a.smnmw.�.oen TNa PMtl.p Jenuery..888 Acknowledgement: For use in the case of municipalities Notary Public O o y Z z a � z W m o m 00Ui J j 3 w C � U 5 r 2 OO O p D 8� O fA W m 9 v A zzz O m N > C m pr U O W m LL V O rN o( Q m I i i I S, �; \lNut ` i'R BURLINGTON ro / 2 3 4 lz� CIO a r• • c Lg ro T C 0 4/ 0 C) 6 3 .2 U > 0 5 4 y 0 5 4 0 r J i i I S, �; \lNut ` i'R BURLINGTON ro / 2 3 4 STREET y � a r• • c Lg ro D.L. O.L. 24 BURLINGTON ro / 2 3 4 STREET y 2 LL 3 �• a r• • c Lg ro D.L. 4/ S 6 3 O 6 3 0 5 4 y 0 5 4 0 r E COURT STREET O.L. 24 S, /00 s HARRISON /00 I -,.,- /O O �'7r z7x J =7N7 A ir• g ro / 2 3 4 7 ' 6 e 5 S, /00 s HARRISON /00 I -,.,- /O O �'7r z7x J =7N7 A cars r..w mcnrr+ CITY BUD -,ET AMENDMENT AND CERTIFICATION RESOLUTION To rhe Audita a'. The Council of the City owe: RQ5 0/" II 1NAIA said county(counties) met on MAY 28 19-1-1 of the place and hour set in the notice, a copy of which occompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for or against the amendment. The Council, after hearing all taxpoyen wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION No. 91-111 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1931_ X%XRM 10XX"X)0VAYYYYYYY YYYY Y YYYYYYYYYIIYYYY Be N Resolved by the Council of the City of IOWA CITY lowo: Sedlon'1. Following notice published MAY 23 19-a and the public hearing held MAY 28 1911- the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered of that hearing: REASON: Additional revenue was received from Federal and State grants for Capital Projects, Hotel/Hotel tax, interest income and transfer in for the Wastewater Treatment Project. Unanticipated expenditures for Housing and Inspection Service computer, carryover of asphalt overlay, North Highway I project and Wastewater Treatment project. Passed Chia 28tth day of Hay ' cm a.n ApproW BY AftillroOl Om" -3"-a3- si 7 Mayor It was moved by Ambrisco and seconded by Novick that the Resolution as reade a opted, and upon roll call there were: .AYES: NAYS: ABSENT: Ambrisco Y_ Courtney % Horowitz x Kubby _g_ Larson x_ McDonald x_ '.Novick x Passed and approved this 28th day of May , 19 91 I1A RESOLUTION NO. 91-112 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY AND OLD CAPITOL CAB COMPANY FOR FY92 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it Is in the public interest to provide taxi service to Iowa City residents in order to supplement the Iowa City contractwith Johnson County SEATS for transit service for persons with disabilities, and WHEREAS, based on a competitive bidding process, JCCOG staff recommends the award of a contract to Old Capitol Cab Company of Iowa City, Iowa, for the FY92 SEATS supplemental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this State may be exercised jointly with any other public agency of the State having such power, and WHEREAS, public agencies may enter into an agreement with a private agency for joint or cooperative action; and WHEREAS, Iowa City, Johnson County, and Old Capitol Cab Company have negotiated a 28E agreement for the provision of supplemental taxi service for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That a contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to Old Capitol Cab Company. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County, and Old Capitol Cab Company for taxi service to supplement the Johnson County SEATS program. 3. That the City Clerk is directed to file the 28E agreement with the Secretary of State and record same with the Johnson County Recorder. It was moved by Larson and seconded by Novick the Resolution be adopted, and upon roll call there were: //3- AYES: NAYS: ABSENT: X Ambrisco x Courtney x Horowitz �— Kubby �— Larson x McDonald x Novick Passed and approved this 28th day of May 1991. ATTEST: � -t CIT CLERK suppIC28E.res OR Appro 28E Agreement for FY92 Supplemental Taxi Service This 28E agreement is made and entered into on the IS day ofT- 1991, by and between the City of Iowa City, Iowa, a municipal corporation hereinafter referred to as the City; Johnson County, Iowa, a municipal corporation hereinafter referred to as the County; and Old Capitol Cab Company of Iowa City, hereinafter referred to as Old Capitol Cab. Section 1. Scope of Services As a supplement to the Johnson County SEATS program, Old Capitol Cab shall provide transpor- tation for City residents who, for reasons of disability, are unable to use regular Iowa City Transit. Section It. General Terms 1. The origin or destination of all trips shall be within the corporate limits of Iowa City. The service area shall be the corporate limits of the Iowa City Urbanized Area. 2. The provision of transportation by Old Capitol Cab under this agreement shall be adminis- tered by Johnson County SEATS. Clients will call the SEATS dispatcher to request transportation. The SEATS dispatcher will determine if the rider is eligible for the supple- mental taxi service, and if so will notify Old Capitol Cab of the trip. Okf Capitol Cab will not provide any trips directly requested from clients. Old Capitol Cab shall authorize additional stops with the SEATS dispatcher. 3. For the purposes of this program, a disabled person is defined as an individual with ambulatory, manual, visual, audial, or mental impairments which seriously limit his or her ability to obtain adequate transportation either through the use of a private automobile or fixed route public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The taxi service shall serve trips which cannot be served by Johnson County SEATS vehicles during SEATS' hours of operation. 5. Old Capitol Cab shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused service. 6. Old Capitol Cab shall notify the SEATS dispatcher if a scheduled pickup will be late. Old Capitol Cab shall also notify the SEATS dispatcher if they arrive to pick up a client and are unable to locate the person. 7. Old Capitol Cab shall assist passengers getting into and out of the cab and also assist them in carrying groceries and packages. III. Compensation Each eligible participant shall pay Old Capitol Cab a donation for each trip and the -City shall subsidize the remaining cost of the trip. No eligible participant without a donation shall be denied a ride by Old Capitol Cab. in this situation, the City shall subsidize the entire cost of the trip. -A determination of the total trip cost shall be calculated from the rate submitted by Old Capitol Cab in their bid for the service: $2.40 per mile for the first mile, $.50 for each additional half -mile, $.75 for each additional stop. 2. On a monthly basis Old Capitol Cab shall request reimbursement from the City for the amount of the trip subsidy. With this request, an itemization of the date, time, donation, origin and destination of each trip shall be provided by Old Capitol Cab. Old Capitol Cab shall provide an invoice for the total amount of reimbursement. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 3. Funding of $6,900 shall be allocated by the City for this program. This amount represents the City's total contribution for the supplemental taxi service from July 1,1991, to June 30, 1992. None of these funds shall be allocated for advertising or promotion. Any unused funds at the end of Fiscal Year 1992 will remain property of the City. IV. Indemnification Old Capitol Cab agrees to defend, indemnify and save harmless the City, its officers, employees, and agents, from any and all liability or claims of damages arising from the provision of services under the terms of this agreement. V. Assignment Old Capitol Cab shall not assign, sublet, or transfer its interests in this agreement without the written consent of the City. VI. Discrimination Old Capitol Cab shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disabili- ty b. To discriminate against any individual in terms, conditions or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. VII. Affirmative Action Old Capitol Cab agrees to complete an equal opportunity policy statement if requested by the City. Old Capitol Cab agrees to permit inspection of their records concerning the supplemental taxi service by a person representing the City or the County during normal working hours. //j- 3 VIII. Duration This agreement shall be in effect from July 1, 1991 to June 30, 1992. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional 30 days. However, this agreement may be terminated upon 30 days written notice by either the City or Old Capitol Cab. IX. Renewal The City reserves the right to negotiate a one year renewal of this agreement at its discretion. X. Extent of Agreement This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. This agreement represents the entire agreement between the City, the County and Old Capitol Cab for supplemental taxi service as herein provided. It may be amended only by a written instrument signed by all parties. CITY OF IOWA CITY, IOWA By: koer zo 00�� ohn McDonald, Mayor Attest: OLD CAPITOL CAB COMPANY - .r �D' r I Attest tablC.agi JOHNSON COUNTY, IOWA By: Betty ckenfels, Cliairpoirson Board of Supervisors Attest: S -ll ez - �C County Auditor I tv D FILET Inhnson Co:, lows JUN 131991 OfficeApproved by: COUNTY UDITONR 51411 M RESOLUTION NO. 91-113 RESOLUTION ESTABLISHING AN INVESTMENT POLICY FOR THE CITY OF IOWA CITY FOR ALL FUNDS EXCEPT FOR POLICE AND FIRE RETIREMENT SYSTEM FUNDS WHEREAS, during the conduct of municipal affairs, the Finance Director of the City of Iowa City invests certain funds of the City, and WHEREAS, it is necessary to establish a formal investment policy for the Finance Director while conducting official City business, and WHEREAS, the City Manager has formulated an investment policy for investing all funds, except police and fire system funds, which is attached to this resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached investment policy be adopted as the official investment policy -of the City of Iowa City for all funds except Police and Fire Retirement System Funds. It was moved by Larson and seconded by rrn,rrnp3r the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney x Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 281-h day of May 1991. Q� )A-YOR proved b ATTEST: WA!z!�� CI Y CLERK City Attorney's Office finadm\invplcy.res 113 � City of Iowa City Finance Department INVESTMENT POLICY May 1991 113 INVESTMENT POLICY OUTLINE Page 1. Scope ..................................................... 1 2. Objectives .................................................. 1 3. Delegation & Authority ......................................... 1 4. Instruments ................................................. 1 5. Risk ...................................................... 2 6. Diversification............................................... 2 7. Maturities .................................................. 2 S. Prudence ................................................... 3 9. Controls ................................................... 3 10. Safekeeping & Custody ......................................... 3 11. Ethics ..................................................... 3 12. Reporting: Interim and Annual ................................... 4 13. Relationships with Financial Institutions and Dealers .................... 4 14. Indemnification of Investment Officials .............................. 4 tl3 II. SCOPE This investment policy applies to the investment activities of the City of Iowa City, Iowa, excluding its police and fire retirement system fund, which is organized and administered separately under Iowa Code Chapter 411. Financial assets of all funds shall be administered in accordance with the provisions of these policies. The primary objective of the City of Iowa City's investment activities is the preservation of capital and the protection of investment principal. In investing public funds, the City's cash management portfolio shall be designed with the objective of regularly exceeding the average return on the three-month U.S. Treasury bills. This index is considered a benchmark for the riskless investment transactions and therefore comprises a minimum standard for the portfolio's rate of return The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein and prudent investment principles. The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that cash management procedures anticipate. The City will diversify its investments to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. III. DELEGATION AND AUTHORITY Management responsibility for the investment program is hereby delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the written procedures. The Director of Finance shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of the subordinate officials. IV. INSTRUMENTS Chapters 452.10 and 453.1 of the Code of Iowa authorizes the City to invest in the following instruments: 1. Savings Accounts 2. Certificates of Deposit 3. Perfected Repurchase Agreements 4. U.S. Treasury Bills, Notes and Bonds 5. Other obligations guaranteed by the United States or its Agencies 6. State and local government securities Eligible Bankers Acceptances 113 IN VI. VII. 8. Commercial Paper rated in the two highest prime classifications by at least one of the standard rating services approved by the State Superintendent of Banking (not to exceed 20% of total stockholders' equity of that corporation). RISK The City of Iowa City recognizes that investment risk can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Portfolio diversification is employed as a way to control risk. Investment managers are expected to display prudence in the selection of securities, as a way to minimize default risk. No individual investment transaction shall be undertaken which jeopardizes the total capital position of the overall portfolio. In the event of a default by a specific issuer, the investment manager shall review and, if appropriate, proceed to liquidate securities having comparable credit risk. To control risks of illiquidity, a cash flow budget will be adopted by the investment committee on a quarterly basis. The investment committee (Director of Finance, Assistant Finance Director and the Senior Accountant in Treasury) shall periodically establish guidelines and strategies to control risk of default, market price changes and illiquidity. All investment reports shall specifically address whether current investment results have been affected by any of the foregoing risks, and shall explain what actions investment officials have taken to control or correct for such risks. DIVERSIFICATION The City will diversify its investment portfolio in order to avoid over -investing in specific instruments, individual depositories or maturities. The following parameters are established as maximum constraints. Maximum By Investment % of Portfolio Interest Bearing Bank Accounts 100% U.S. Treasury Bills 100% U.S. Government Agency Securities 100% State and Local Government Securities 50% Certificates of Deposit (Collateralized by U.S., State and Local Government Securities) 100% Perfected Repurchase Agreements 25% Bankers Acceptances 25% Prime Commercial Paper 25% MATURITIES For the general fund and other operating funds, non -marketable instrument maturities shall not exceed one year, unless a temporary extension of maturities is approved by the City Council. In such cases, the average maturity of each fund's portfolio shall not exceed one year. Debt retirement, bond reserve, special assessment, and non -expendable trust funds may be invested in instruments whose maturities do not exceed five years at the time of purchase. Assets held in debt retirement and special assessment funds may be invested in maturities exceeding five years in accordance with bond covenants or with special approval of the City Council. VIII. PRUDENCE The standard of prudence to be used by investment officials shall be the "prudent person," and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual securities credit risk or market price changes, provided that deviations from expectation are reported in a timely fashion, and appropriate action is taken to control adverse developments. IX. CONTROLS The Director of Finance shall establish a system of internal controls which shall be documented in writing. The internal controls shall be reviewed by the investment committee and with an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Iowa City. X. SAFEKEEPING AND CUSTODY To protect against potential fraud and embezzlement, the assets of the City of Iowa City shall be secured through third -party custody and safekeeping procedures and/or safety deposit box at a local bank. Bearer instruments shall be held only through third -party institutions. Other instruments shall be registered in the City's name. Investment officials shall be bonded to protect the public against possible embezzlement and malfeasance. All securities such as repurchase agreements shall be purchased using the delivery -vs -payment procedure. Unless prevailing practices or economic circumstances dictate otherwise, ownership shall be protected through third - party custodial safekeeping. Safekeeping procedures shall be reviewed annually by the independent auditor. M. ETHICS Employees involved in the investment process shall refrain from personal business activity that would conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. They shall disclose to the City Manager any material financial interests in institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/mvestment positions that could be related to the performance of the jurisdiction's portfolio. These employees shall subordinate their personal investment transactions to those of this jurisdiction, particularly with regard to the timing of purchasing and sales. 113 4 XII. REPORTING: INTERIM AND ANNUAL The Director of Finance shall submit quarterly an investment report that summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed in the most recent quarter, describe that portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall explain the quarter's total investment return and compare the return with budgetary expectations. The report shall include an appendix that discloses all transactions during the past quarter. Each quarterly report shall indicate any areas of policy concern and suggested or planned revision of investment strategies. Copies shall be transmitted to the independent auditor. Within 120 days of the end of the fiscal year, the Director of Finance shall present a comprehen- sive annual report on the investment program and investment activity. The annual report shall include 12 -month and separate quarterly comparisons of return, and shall suggest policies and improvements that might be made in the investment program. XIII. RELATIONSHIPS WITH BANKERS AND DEALERS In selecting depositories, the creditworthiness of the institutions will be considered. Banks and savings and loan associations seeking to establish eligibility for the City's competitive certificate of deposit purchase programs shall submit information as required in a questionnaire, which shall be reviewed by the investment committee. For brokers and dealers of government securities, the investment committee shall select only government securities dealers that report daily to the New York Federal Reserve Bank, or are members of the National Association of Securities Dealers (NASD), unless a credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. XIV. INDEMNIFICATION OF INVESTMENT OFFICIALS Chapter 453.23 of the Code of Iowa exempts the Council, its agents and City employees from personal liability from losses of a depository in absence of negligence, malfeasance, misfeasance, or non -feasance. Vnvestpol 113 RESOLUTION NO. 91-114 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ADMINISTRA- TIVE DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN. WHEREAS, Resolution No. 90-33 adopted by the City Council on ,March 9, 1990, authorized permanent positions in the Finance Department for FY91; and WHEREAS, Resolution No. 89-110 adopted by the City Council on May 16, 1989, established a classification/compensation plan for Administrative employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the budgeted positions in the Administrative Division of the Finance Department for FY91 and future years be amended by the addition of one full-time Systems Analyst. BE IT FURTHER RESOLVED that the Administrative Pay Plan for FY91 and future years be amended by the addition of the,position of Systems Analyst, pay grade 51. It was moved by Novick and seconded by adopted, and upon roll call there were: AYES: x x x x x x NAYS: Passed and approved this zsth day of May AYOR Larson ABSENT: the Resolution be Ambrisco Courtney x Horowitz Kubby Larson McDonald Novick 1991. Approved by ATTEST: 2aA.J CI CLERK City Attomey's Office systanal.res I14 -f RESOLUTION NO. 91-115 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPART- MENT AND THE AFSCME PAY PLAN. WHEREAS, Resolution No. 90-33, adopted by the City Council on March 9, 1990, authorized permanent positions in the Department of Housing and Inspection Services for FY91; and WHEREAS, Resolution No. 89-156, adopted by the City Council on June 13, 1989, established a classification/compensation plan for AFSCME employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Assisted Housing Division of the Housing and Inspection Services Department for FY91 and future years be amended by the addition of the position of Office Coordinator - Assisted Housing. BE IT FURTHER RESOLVED that the AFSCME Pay Plan for FY91 and future years be amended by the addition of the position of Office Coordinator - Assisted Housing, pay grade 07. It was moved by Novick and seconded by adopted, and upon roll call there were: xubby the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz R Kubby x Larson x McDonald x Novick Passed and approved this 99rh day of May 1991. YOR Approved by ATTEST: CII-11 CLERK City Attorney's Office \assthsg.res--13—!/ 115 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Residence Services at Quadrangle in Iowa City, Iowa has surrendered cigarette permit No.E 04392 , expiring June 30 , 19 91 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 85-131 , issued to Quadrangle _ be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable to Dept. of Residence Services as a refund on cigarette permit No. E 04392 It was moved by Ambrisco and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Courtney X Horowitz X Kubby X Larson X Donald 0A Novick X Passed and approved this 11th day of ,Tune , 19 91 . yor Attest: Citk Clerk //(p +�s g K i;i��i31tilli[�7:�1►�):l0a:u� :err � :,,� WHEREAS, Residence Services at Burge Hall in Iowa City, Iowa has surrendered cigarette permit No.E 04391 , expiring June 30 , 19 91 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 85-132 , issued to Burge Hall be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 , Payable to Dpu . of Residence Spryirps as a refund on cigarette permit No. E 04391 It was moved by Ambrisco and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS Ambrisco X Courtney x Horowitz X Kubby X Larson X McDonald X Novick X Passed and approved this 11th Attest: 2 Citjr Clerk day of June yor E y RESOLUTION NO. 91-118 es PG RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALDEN WOOD, PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Walden Wood, Part 3; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that the plat be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary plat of Walden Wood, Part 3, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: 17 X X X X NAYS: Passed and approved this 11th day of ATTEST: 24.� 9f CIT CLERK ppdadmin\walden.res Horowitz ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick June 1001 the Resolution be //15 June 11 , 1991 The City Council of Iowa City, Iowa, met in Re ular session, in the Council Chambers, Civic Center, Iowa C ty, Iowa, at 2.30 o'clock P .M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Courtney. H rgwitz. Kuhhy Largon McDonald, Novick Absent: -1- \HLERS. ()"-Ey. DORN"EILER. HAME. S'MrrH &,ALLBEE. PC �ATA W oesr.. S,n /0 This being the time and place fixed for a public hearing on the matter of the adoption of the proposed Villa Garden Urban Renewal Plan, the Mayor called for any oral objections to the adoption of the Plan. The City Clerk reported that NO written objections thereto had been filed. The Mayor stated that the proposed Plan had been approved by the Planning and Zoning Commission as being in conformity with the general plan for development of the City as a whole. The public hearing was then closed. [Attach summary of objections here] -2- -UaEl _comer.DOR%%TLERHAr.NIE. SW &ALLBEE.P.C. ATTOMNEYSATI WSMO ES.I 0 Council Member Kubby then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE VILLA GARDEN URBAN RENEWAL PLAN THEREFOR" and moved that the same be adopted. Council Member Larson seconded the motion to adopt. The roll was called and the vote was, AYES: Larson, McDonald Novick Ambrisco Courtney, Horowitz, Kubby. NAYS: Whereupon, the Mayor declared the resolution duly 'adopted as follows: -3- .111LEB5.OXISEI'. Urfin -EF. gpl]IE. SAfTH k ALLBEE. P.C. ATTOAti£.'S- �!. JES MgNES. V/Y IN RESOLUTION NO. 91-119 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEV=PMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE VILLA GARDEN URBAN RENEWAL PLAN THEREFOR WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, a proposed Villa Garden Urban Renewal Plan for the area described below has been prepared, which proposed Plan is attached hereto as Exhibit A; and WHEREAS, this proposed Urban Renewal Area includes and consists of: A tract of land consisting of Lot 11 and a portion of Lot 10 of Block 1 Braverman Center, Iowa City, Iowa, more particularly described as follows: Beginning at the southeast corner of Lot 11 of said Block 1, thence N89033'40"W, 220.00 feet along the south line of said Lot 11, to the Northwest Corner of Lot 12 of said Block One; thence S0002612011W along the west line of said Lot 12, 90.00 feet to the Southeast Corner of Lot 10, of said Block 1; thence N8903314011W along the south line of said Lot 10, 254.26 feet to the easterly line of an existing stormwater storage easement; thence N0002612011W along said easement line, 75.00 feet; thence N2903415011W along said easement line, 44.90 feet; thence N59"32'57"W along said easement line, 66.22 feet; thence N8903394011W along a line parallel with, and 3.00 feet south of said easement line, 182.93 feet; thence N00026120"E, 123.00 feet to a point on the southerly right-of-way line of Cross Park Avenue; thence S89033140"E, along said right-of-way line, 722.00 feet; thence southeasterly 23.56 feet along a 15.00 foot radius curve, concave southwesterly, whose 21.21 foot chord bears S44033140"E, to a point on the westerly right-of-way line of Broadway Street; thence S0002612011W along the westerly right -of way line of Broadway -4- AHLERS. COOKEY. DOWEILEIL RAINIE. SWH &ALLBEE.P.Q ^T RNEYSATt W MSMg .q //9 Street, 165.00 feet to the Point of Beginning. Said tract of land contains 3.275 acres, more or less and is subject to easements and restrictions of record. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Villa Garden Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Villa Garden Urban Renewal Plan to the Planning and zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefor; and WHEREAS, creation of the Villa Garden Urban Renewal Plan Area and adoption of the Villa Garden Urban Renewal Plan therefor, attached hereto as Exhibit A, was approved by the Planning and zoning Commission for the City on June 6 , 1991, as being in conformity with the general plan for development of the City as a whole, as amended, as evidenced by its written report attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, by resolution adopted May 181991, 1991, this Council set a public hearing on the adoption of the proposed Villa Garden Urban Renewal Plan for its meeting of June 11 . , 1991 at 7;30 o'clock P.M. in the Council Chambers, Civ c Center, Iowa 'City, Iowa, and due and proper notice of said public hearing was given, as provided by law, by publication in the Iowa City Press -Citizen on June 5 , 1991, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the findings and conclusions set forth or contained in the proposed "Villa Garden Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted on Exhibit A hereto and incorporated herein by reference (which area shall hereinafter be known as the "Villa Garden Urban Renewal Plan Area"), be and the same are -5- AIDERS COOtiEY.DORR'EILER, HAUTE. SMrrH &ALLBEE,P.C. ATTON SATI MMMEB.I 119 6)l �INq 11NM 110 M'/1P 4N110iA� "J413911ViHLt SIVUMIU111 V"'A3NWJ'AHMV -9- uot4vutgmoo v zo '4uomdoj9n8p '4u9md0Tanap9a 'uoT4vnaasu03 'veT4v4Tjtgvgoa ag3 3pg3 puv !vmol ;o apoo eg4 30 Cot 1e4deqO ;o suotsTAozd a94 aapun se3Fetnbsz TTv s48am estAzeg4o Pug 40eCozd Temauad uegan ug 30; slgTbTTe ST Pu2 s9eTadaa3us TaTz4e4uT puR TRToaemmoo ao; 93etadoadde 9T Reav eons 4e94 I(OZ)LT•Cot uoT4oeg apoj enrol ;0 butuvem 9q4 utg3Tm pane 4uemdojanap otmouooe UR et Reay u2Td Tameued uvgzn uapavD aTTTA ag4 4vgy '£ •saAposEgo x4cunmmo0 TvooT Pug spaepue4s butuuvTpunos g3Tm aouepx000v uT a4t3 eq4 ;o 4uemdojanap pue 94Aoa6 aedoad stn a4v4TTTov; 04 942tadoaddv pug Aaesseosu eav seen TaT4u9ptsaa-uou gone 'seen TvT4ueptsea-uou zo; pedojeAsp eq o4 eav goTUA ;oaaag3 su0T4aod 99094 03 souaaa;aa 94tH (z) -4TO 994 ;o mvaboad sq4 o3 TvT4u9s9a pug ;o 41vd TvabequT uv 9T 99sn Tvt4ueptsez ao; vszv sg3 ;o uot4TstnbOv eq4 4v94 pug :sav;jam a0 sjez0m 'A49;vs 'g4TWI oTTgnd aq4 03 9oeusm v e4n4T4suoo Pug 'amTaO Pug 9099etp ;o pvezds pug uT asvaaout uv 04 94ngta4uo3 zo esnvo butsnoq AJRITuve pug s;vs 14ueoap ;o abv4a098 aqj puv 4922 aqg uT 3gbTTq ;o suoF4Tpuoo 994 4v94 :Reny Temauag uvgan eqg ;o suoT4zod asg4o buTPnjout 'sv9av 20g4o uT siunT9 ;o aouvzv*tO 994 ;0 4Tns9a v sv pssvaaouT aq TTTA so u9sq svq suot4vpomm000v butsnoq zo; pseu sq4 4vg4 !A470 eq4 uT94TA 94etx9 uoT4v4Tuvs Pug A49;vs 'ADueo9p gATA ubTssp Pug spavpuv4s punos ;o butsnoq ;o sbv4a0748 v 3vg3 sautmae49p dgeaeq TTounoo A4TJ SN4 'soon Tvt4ueptsez ao; pedoT9Asp sq 04 aav gotgA ;092994 suoT430d esotM 04 sousaa;99 t tH (T) sv92y uvTd TaAaued uvg2n usp220 UTITA ego uTg4TA papnTouT A4TO ego Aq psaTnbov sq o; pueT usdo ;o svaav 99094 0; sy •0 pug !*Tog^ v sv A;TO 994 ;o uvTd jvasueb stt4 0; snuo;uo0 uvTd TVAauad uvgan uspaRO aTTTA *UI 'q :992y TRmsusd u2g2n gone Roz; psovjdstp eq TTTA zo uT ps4vooT A14uassad szv saTTTmv; ou 4994 '9e2y uvTd TvA9ued uvgzn uspav0 aTTTA 994 buTA9Azns zs4;t( •v tspuT; a*""; TTounoo §TVA .L Issas ST44 20; TTounoO sTXM io 96uTPuT; stn sv psnozddv pug Ps4dopv Agszeg thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. 4. That the Villa Garden Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Villa Garden Urban Renewal Plan for the Villa Garden Urban Renewal Plan Area"; the Villa Garden Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Villa Garden Urban Renewal Plan with the proceedings of this meeting. 5. That the Villa Garden Urban Renewal Plan for the Villa Garden Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the first day of J7 y , 2017 , both dates inclusive, and said Villa Garden Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. 1991. PASSED AND APPROVED this 11— day of June , ATTEST: _7_ AHLEHS. COO\EY. DORWEILER. HAYNIE. N-AYM S.ILLBEE. P.C. ATTOH SATU W p MdE %( 119 STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 11th day of dtinp , 1991. SEAL dM4074mm 0606378 Cit Clerk, Iowa City, Iowa AHLERS. C00\EY.00R%'EILER.NAI'NU. SMrrH &AL1..FEEE.PC ATTORH ATL MSMOMB.I riy EXHIBIT A VILLA GARDEN URBAN RENEWAL PLAN ��y Page Section 1 - Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . .... 1 Section 2 - Description of Urban Renewal Area ................................ 2 Section 3 - Urban Renewal Plan Objectives ................................... 3 Section 4 - Proposed Urban Renewal Actions .................................. 4 Section 5 - Land Use .................................................. 5 Section 6 - Other Provisions Necessary to Meet State and Local Requirements ............. 6 Section 7 - Procedures for Changes in Approved Plan ............................ 8 S Addendum No. 1 - Legal Description ....................................... 9 Addendum No. 2 - Villa Garden Development Plan ..............:.............. 10 M 10 Introduction The Iowa City Comprehensive Plan - 1989 Update states as a housing goal the need to meet the varied housing needs of its citizens and to ensure to the extent possible, safe, healthy and affordable housing in a pleasant environment. The presence of the University of Iowa, in particular, has for years created high demands for housing in Iowa City. This demand often negatively affects the elderly, new households and families, many of whom are competing with students for the same housing. Rental housing surveys have consistently demonstrated a relatively low vacancy rate in the Iowa City area. This demand for housing escalates its costs to levels that low to moderate income persons can rarely afford. Under the circumstances, there is the need to bring about economic development, Le, commercial development in the form of multi -family housing units that provide opportunities for low to moderate income persons particularly in locations accessible to schools, jobs, shopping areas and on or near transit lines. This Urban Renewal Plan presents a proposal for the location of affordable housing for low to moderate income persons on land having many of the attributes important to such housing. Consequently, the primary objectives of this Urban Renewal Plan are to: • To provide affordable housing for low to moderate income persons. • Encourage public action and commitments to this area; and • Stimulate private investment in development. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under §403 of the 1991 Code of Iowaas amended. 4- Description of Urban Renewal Area The general boundaries of the Villa Garden Urban Renewal Plan Area, referred to hereafter in this Plan as the proposed Urban Renewal Project Area, are shown on Addendum No. 2 - Villa Garden Development Plan. This area is approximately 3.27 acres. The proposed Urban Renewal Project Area is generally described as.follows: East - approximately 500 feet east of Keokuk Street. . West - west of Broadway Street and the Broadway Neighborhood Center. North - north of the Pepperwood Addition located on both sides of Sandusky Drive. South - south of Cross Park Avenue, across from the Pepperwood Place shopping center. The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 - Legal Description. 6I Urban Renewal Plan Objectives The overall goal of the Villa Garden Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the proposed Urban Renewal Project Area. The following objectives have been established for this proposed Urban Renewal Project Area: • Preserving the environment and create development opportunities within the proposed Urban Renewal Project Area which will protect the health, safety, and general welfare of the Villa Garden residents. • To provide affordable housing for low to moderate income families. • To strengthen the economic well-being of Iowa City by increasing retail and commercial activity and job opportunities. • To expand the taxable values of property within the proposed Urban Renewal Project Area. • To provide for orderly physical and economic growth. • To establish conditions which will attract new investment. • To providesafe, efficient, and attractive public and private vehicular access and egress for the proposed Urban Renewal Project Area. • To achieve coordinated development to provide for efficient building design, multi-purpose uses of the site, and unified off-street parking. • To improve the appearance of buildings, opens spaces, and drives in the proposed Urban Renewal Project Area. • To encourage attractive, convenient, and suitable development. -3- pry Proposed Urban Renewal Actions Proposed urban renewal actions will consist of the provision of public facilities and improvements. The following public improvements and facilities on an as -needed basis shall include: Installation of Cross Park Avenue, a proposed new public street that will border the Urban Renewal Project Area on the north; the installation of public sidewalks along all streets bordering the Project Area; the installation of water mains and fire hydrants; the installation of sanitary sewer facilities; and the acquisition of land or interests in land to facilitate development which is consistent with the plan. -4- iry Land Use Current Zoning The Project Area is presently zoned RM -12, Low Density Multi -Family Residential Zone. The current zoning and the proposed Urban Renewal Project Area are intended for a low density of multi -family residential 'development. Uses permitted in this zone include townhouses and low-rise apartment buildings. Current Land Use The Project Area is vacant and undeveloped. Many of the attributes important to affordable housing for low to moderate income persons are located near the Urban Renewal Project Area. A commercial area immediately to the north and northwest, provides opportunities for employment as well as a source of goods and services in meeting the day -today needs of the prospective residents. Transit lines exist in close proximity to the Urban Renewal Project Area which enable residents to travel to and from virtually any location in Iowa City. Comprehensive.Plon The Iowa City Comprehensive Plan - 1989 Update consists of a compendium of policy statements which deal with various facets of the City's growth and development. The plan and its policies project the City's rate of growth and image. The plan and its policies are the framework for public and private decisions relating to the maintenance and growth of the City. The Comprehensive Plan contains these policies and statements which support this Urban Renewal Plan's objectives. Consider financial incentives and programs to facilitate the City's economic policies. • Consider the diverse needs of renters and homeowners in making residential development decisions. • The housing needs of low -moderate income households and special populations such as people with disabilities and the elderly should be accommodated. The Land Use Map contained in the Comprehensive Plan illustrates the Urban Renewal Project Area for 8 to 16 dwelling units per acre of residential development which is consistent with the proposed Urban Renewal Plan. -5- //9 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 1991 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development and redevelopment of slum, blighted, and/or economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an ') are detailed below. Provision: A Resolution of Necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate: ' A Resolution of Necessity was adopted by the City Council on 1991: This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic develop- ment of affordable housing for low to moderate income persons has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is a blighted area or in need of economic development because certain conditions exist which effectively hinder development. ' A Resolution of Necessity designated the area* as meeting the criteria detailed by Chapter 403, Code of Iowa, was adopted by the City Council on .1991. Provision: A general plan for the development of the municipality has been adopted. The -City of Iowa City adopted the Iowa City Comprehensive Plan -1989 Update on July 11, 1989. Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1989 Update. ' The Plan and Zoning Commission recommendation was forwarded to the City Council oft '1991. -6- 119 Provision: A public hearing on the Urban Renewal Plan is held after official publication of the public notice. ' The public hearing on this Urban Renewal Plan document pursuant to state law was held on , 1991. The public notice was published 1991, in the Press -Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after funding that: V (a) • A feasible method exists for relocating individuals and families. (b) The Urban Renewal Plan conforms to the general plan, known as the Iowa City Comprehensive Plan - 1989 U2date. ' No relocation of individuals and families is necessary as the land is undeveloped. The City Council of the City of Iowa City has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1989 Update, the adopted general plan for the municipality by resolution on July 11, 1989. -7- Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with the applicable state and local laws. Fj- 117 Pro- So • I 1 Legal Description of the Proposed Urban Renewal Project Area A tract of land consisting of Lot 11 and a portion Lot 10 of Block 1 Braverman Center, Iowa City, Iowa, more particularly described as follows: Beginning at the southeast corner of Lot 11 of said Block 1, thence N89033'406W, 220.00 feet along the south line of said Lot 11, to the Northwest Corner of Lot 12 of said Block One; thence S00°26'20'W along the west line of said Lot 12, 90.00 feet to the Southeast Comer of Lot 10, of said Block 1; thence N89°33'40"W along the south line of said Lot 10, 254.26 feet to the easterly line of an existing stormwater storage easement thence N00°26'20"W along said easement line, 75.00 feet thence N29°34'50"W along said easement line, 44.90 feet; thence N59°32'57"W along said easement line, 66.22 feet; thence N89"33'40"W along a line parallel with, and 3.00 feet south of said easement line, 182.93 feet thence N00026'20"E, 123.00 feet to a point on the southerly right -0f -way line of Cross Park Avenue; thence S89°3340"E, along said right -of --way line, 722.00 feet; thence southeasterly 23.56 feet along a 15.00 foot radius curve, concave southwesterly, whose 21.21 foot chord bears S44°33'40"E, to a point on the westerly right -0f --way- line of Broadway Street; thence S00"26'20"W along the westerly right -of --way line of Broadway Street, 165.00 feet to the Point of Beginning. Said tract of land contains 3.275 acres, more or less and is subject to easements and restrictions of record. so ��9 Addendum No. 2 Villa Garden Development Plan (As filed in the Iowa City, Iowa, City Clerk's Office and contained in Resolution No. 91-109, Addendum No. 2.) 115 J City of Iowa City KnEiviORsANDUivi EXHIBIT B Date: June 7, 1991 To: Mayor McDonald and City Council From: Monica Moen, Senior Planner Af"' z '�- Re: Planning & Zoning Commission Review of the Villa Garden Urban Renewal Plan By a vote of 6-0, the Iowa City Planning and Zoning Commission, at its regular meeting of June 6,1991, found the Villa Garden Urban Renewal Plan to conform with the 1989 Update of the Iowa City Comprehensive Plan, the general plan for the development of the municipality as a whole. /ct5 i}r, RESOLUTION NO. 91-120 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOP- MENT PLAN FOR UNITED TECHNOLOGIES AUTOMOTIVE. WHEREAS, the owner, United Technologies Automotive, has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary Large Scale Non -Residential Development ("L.S.N.R.D.") plan for an addition to a manufacturing building on the owner's property located at the northwest corner of the intersection of Highway 6 and Industrial Park Road and more particularly described on Exhibit A, attached hereto and made a part hereof by this reference (the "Property"); and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary LSNRD plan and have recommended approval of same; and WHEREAS, the preliminary LSNRD plan has been examined by the Planning and Zoning Commission; and, after due deliberation, the Commission has recommended that the plan be accepted and approved; and WHEREAS, the preliminary LSNRD plan for United Technologies Automotive is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary LSNRD plan submitted by United Technologies Automotive relating to the property is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution and of the preliminary LSNRD plan submitted by United Technologies Automotive as provided by the Iowa City Code of Ordinances. It was moved by Amhri con and seconded by _ n ,,re3 the Resolution be adopted, and upon roll call there were: AYES: X X X X X NAYS: Passed and approved this 11th day of June ATTEST: A,2A-A,_D CITE ppdadmin\utautaxes ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991 •- OfficeCity Attorney's 1___)_D EXHIBIT A Land containing 20.2 acres located in the NW 1/4 of Sec. 24, Twp. 79 N., R. 6 West of the 5th P.M. commencing at the midpoint on the north line of the NW 1/4 of said Sec. 24, thence on an assumed bearing due south 1309.94 to the Point of Beginning; thence N38041'40"E 414.37 feet; thence S51 °18'20"E 700.00 feet; thence S38 °41'40"W 1300.21 feet to the northerly right-of-way of U.S. Highway b6; thence N51 °20'00"W along said right-of-way line 164.26 feet; thence N27126'00"W along said right-of-way line 125.34 feet; thence N52029'40'W, along said right-of-way line 21.12 feet; thence North 51 018'20"W along said right-of-way line 400 feet; thence N38 °41'40"E 835.63 feet to the Point of Beginning; all located in Iowa City, Johnson County, Iowa. I'Q D J 9es " RESOLUTION NO. 91-121 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A STORAGE BUILDING AT THE NORTH WASTEWATER TREATMENT PLANT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 2nd day of July, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa. It was moved by Ambrisco ' and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Passed and approved this 11th AYOR ATTEST: a.`'�'� CITY CLERK ty Attorney's Office 6- 6 - 9/ Ambrisco Novick Courtney Horowitz Kubby Larson McDonald day of ,lune , 1991. APPROVED AS TO FORM /a/ Rem .tic RESOLUTION NO. 91-122 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide volunteer adult companionship for youths in the Iowa City area who are between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths between these ages, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service, and WHEREAS, the City of Iowa City and Big Brothers/Big Sisters Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by T.nrcnn and seconded by adopted, and upon roll call there were: AYES: NAYS: X —X X X X X __X— Passed and approved this 11th day of ATTEST: ///oma _�P� CITY—CLERK June Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. • ... .. .. res%bb-bs AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Big Brothers/Big Sisters of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide a program whereby youths between 6 and 14 years of age are matched with adult volunteers who will provide guidance and companionship. Details of services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY92. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $28,000 to assist Recipient in paying the salaries of the Executive Director and Caseworkers of the Big Brothers/Big Sisters Program. B. The City shall transfer the funds to Recipient in quarterly payments of $7,000.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /aa 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: J HN MCDONALD, MAYOR ATTEST: MA AN K. KARR, CITY CLERK Approv d as to Form City Attorney's Office y zs a/ For Big Brothers/Big Sisters of Johnson County: NAME i /aa RESOLUTION NO. 91-123 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE CRISIS CENTER. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Crisis Center is an agency which provides short-term crisis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Crisis Center is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Crisis Center have, negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby Larson X McDonald X Novick Passed and approved this i i t+ day of June , 1991. o AYOR Approve as to Form ATTEST:lJ �A CI CLERK . City Attorney's Office resMcdc N3 AGREEMENT THIS AGREEMENT, made and entered into on this t 1th day of. June 1991, by and between the City of Iowa City, Iowa, a municipal corporation ('City"), and the Crisis Center ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals, including but not limited to: short-term crisis counseling, and information and referral services; emergency transportation and food for local residents; and vouchers and arrangements for emergency shelter, food and transportation assistance for non-residents of the Iowa City area. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY92. ll. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $22,050 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $5,512.50 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /a3 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other ply. For the City of Iowa City, Iowa: N MCDONALD, MAYOR ATTEST: 72r MARrAN K. KARR, CITY CLERK Approved as to Form City Attorney's Office y zs Qj contractVccic For the Crisis Center: NAMIf2 L AIWZ TITLE ATTEST: NAME Coor�i� os" A- SQ�012S' TITLE /23 RESOLUTION NO. 91-124 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE INTERVENTION PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Intervention Program is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Intervention Program is anon -profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Domestic Violence Intervention Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X __K_ X X X X —X Passed and approved this 11th I -YIP3 ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of _ .Tune 1991. YO R ATTEST:7�w,fnJ CITY'CLERK Approve as to Form lk&. =7=:�r City Attorney's Offic2 `1 2,r l res\dvip 1,)4 AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Domestic Violence Intervention Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals who are victims of domestic violence, such assistance to include but not be limited to: temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY92. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $28,400 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $7,100.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, ra4 fi 2 records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any. officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Domestic Violence For the City of Iowa City, Iowa: Intervention Program: y— �ON MCD ALD, MAYOR NAME ATTEST: j�?04A4 2/ aA-w�j —le. TITLE MA AN K. KARR, CITY CLERK contractldvip ATTEST: NAME. �l l�Pii� TITLE 1a4 Pff � RESOLUTION NO. 91-125 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE EMERGENCY HOUSING PROJECT. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons needing emergency shelter and food in Iowa City, and WHEREAS, the Emergency Housing Project is an agency which provides temporary emergency shelter and food to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Emergency Housing Project is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Emergency Housing Project have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by Hnrnwi t the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson _X McDonald X Novick Passed and approved this 11th day of June 1991. /A'Y 0 �R A F ATTEST::��, CIITI�CLERK res\ehp pprov as to orm ity Attorney's Office /.'�s AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June , 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Emergency Housing Project ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to homeless persons, both local and transient, including but not limited to: temporary emergency shelter and food, and referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for 1991. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $1,800 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $450.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, /as L records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: ,,�b'HN MCDONALD, MAYOR ATTEST: Al MA IAN K. KARR, CITY CLERK ApproveA as to Form City Attorney's Officer25/-?/ 25// contract\ehp For the Emergency Housing Project TITLE ATTEST: NAME TITLE /95 RESOLUTION NO. 91-126 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE HAWKEYE AREA COMMUNITY ACTION PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide developmental programming for children of limited -income families who are aged three to school age and to provide housing stabilization services to distressed households, and WHEREAS, the Hawkeye Area Community Action Program is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Hawkeye Area Community Action Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Hawkeye Area Community Action Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by adopted, and upon roll call there were: AYES: X x x X X X X NAYS: Passed and approved this 11th day of YOR ATTEST:a.a..i 7f • 7C�yt/ CITY CLERK Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved -2s to Form City Attorney's Office 1090-T res\hacap ia� AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June , 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Hawkeye Area Community Action Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide developmental programming for children of limited -income families who are aged three to school age. Such services shall include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Recipient further agrees to provide housing stabilization services to distressed households. Such services shall include, but are not limited to, the development of transitional housing and the provision of advocacy and practical assistance to homeless households and households at risk of losing their current housing or essential utilities. Details of the services to be provided are outlined in the Program Information and Goals and Objectives Statement portions of Recipients request for FY92 City funding. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $6,000 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $1,500.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. 2 B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient In accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City,Iowa: v, HN MCDONALD, MAYOR ATTEST: A MARIAN K. KARR, CITY CLERK Approv s to rm MN City Attomey's Office / s-- v contract)hacap For the Hawkeye Area Community Action Program: NAME Don W. Maniccia, Executive Director TITLE ATTEST: ��iY _a/r2in.� NAME ariministrativgAre:scant TITLE M 1+5 RESOLUTION NO. 91-127 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE IOWA CENTER FOR AIDS/ARC RESOURCES & EDUCATION. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist persons with HIV seropositivity (HIV), AIDS -Related Complex (ARC), or AIDS, and to provide educational services and materials'to the general community, high risk groups, and persons with HIV, ARC or AIDS to increase awareness and decrease high risk behaviors, and WHEREAS, the Iowa Center for AIDS/ARC Resources & Education is an agency which provides such assistance and educational activities, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa Center for AIDS/ARC Resources & Education is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Iowa Center for AIDS/ARC Resources & Education have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by T.a,-G,,, and seconded by adopted, and upon roll call there were: Horowitz the Resolution be AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson McDonald A Novick Passed and approved this 11th day of June 1991. AYOR ATTEST: CITY"CLERK Approved as to Form City Attorney's Office 007/ reslaids-arc A ' AGREEMENT . THIS AGREEMENT, made and entered into on this 11th day of June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation ('City"), and the Iowa Center for AIDS/ARC Resources & Education ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit.any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals with HIV seropositivity (HIV), AIDS -Related Complex (ARC), or AIDS, and to their families and loved ones. This assistance shall include emotional, financial and material support. Recipient shall also provide educational services and materials to the general community, high risk groups, and persons with HIV, ARC or AIDS to increase awareness and decrease high risk behaviors. Details of the services to be provided are outlined in the Recipients Program Information and Goals and Objectives Statement for FY92. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $6,500 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $1,625.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /a z C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: MCDONALD, MAYOR ATTEST: MARIANCITY 4 K Approved as to Form City Attorney's Office contract\aids-arc For the Iowa Center for ATTEST: 41 NAME CL P� TITLE /a7 A,�� 1�IL RESOLUTION NO. 91-128 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide disadvantaged Iowa City youth between the ages of 14 and 21 with meaningful, subsidized work experiences in public and private non-profit agencies; and WHEREAS, the Mayor's Youth Employment Program plans and provides such work experiences; and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the the Mayor's Youth Employment Program is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Mayor's Youth Employment Program have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this 11th NAYS: day of June ATTEST: 76� CITftLERK ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. . Approved as to Form - A gi�L City Attorney's Office Z5 zs 1/ resVnyep J AGREEMENT THIS AGREEMENT, made and entered into on this iirh day of June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Mayor's Youth Employment Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 21 who are socially or economically disadvantaged. Recipient shall also provide job training, vocational and career counseling, and related assistance to youth to develop positive work habits so that future employment opportunities will be enhanced. Recipient agrees to refer youth to appropriate agencies and programs in accordance with their needs. Recipient also agrees to assist youth who are not eligible for its programs to secure employment in the private sector through referral. Details of these services are outlined in Recipient's Information and Goals and Objectives Statement for FY92. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $33,000 to assist Recipient in meeting its expenses for the operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $8,250.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. 2 III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have' authority to direct the manner or means by which Recipient conducts, its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party - For the City of Iowa City, Iowa: ",P,e HN MCDONALD, MAYOR Approve s to City Attorney's Office For the Mayor's Youth Employment Program �� I-nLU/ riL, A� NAME Executive Director TITLE Z 3 ATTEST: J 'p 7� MA AN K. KARR, CITY'CLERK contractVnyep2 ATTEST: NAME Administrative Assistant TITLE RESOLUTION NO. 91-129 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE MID -EASTERN COUNCIL ON CHEMICAL ABUSE. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City, and WHEREAS, Mid -Eastern Council on Chemical Abuse is an agency that provides comprehensive substance abuse prevention and treatment services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Mid -Eastern Council on Chemical Abuse is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and Mid -Eastern Council on Chemical Abuse have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by adopted, and upon roll call there were: Horowitz the Resolution be AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby, X Larson X McDonald X Novick Passed and approved this 11th day of June // '1991. G� AYOR Approved as to Form ATTEST: ��j CITY CLERK City Attorney's Offices res\mecca �a y AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June . 1991, by and between the City of. Iowa City, Iowa, a municipal corporation ("City"), and Mid-Eastem Council on Chemical Abuse ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide services to individuals who are in need of comprehensive substance abuse prevention and treatment programs. An individualized treatment plan may require the services of traditional outpatient treatment, intensive outpatient treatment, day treatment, halfway house or residential services. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY92. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $13,500 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $3,375.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /a? 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained In this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For #ie City of Iowa City, Iowa: MCDONALD, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK Approved as to Form City Attorney's Office Y 2T -7j contracAmecca For the Mid-Eastem Council on Chemical Abuse: NAME 4�CEcv.'tlf` �•tGEctol� TITLE ATTEST: NAME �— TITLE /,)7 RESOLUTION NO. 117-130 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT FOR NEIGHBORHOOD SERVICES WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of the Pheasant Ridge and Broadway Street Neighborhoods, and WHEREAS, Neighborhood Centers of Johnson County is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Neighborhood Centers of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City.and Neighborhood Centers of Johnson County have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by_ adopted, and upon Larson and seconded by Horowitz roll call there were: AYES: NAYS: X X X X X X x Passed and approved this 11th day of June YOR ATTEST: -A . 7U,,.2 CITY LERK ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved as to Form reslighdctrs /30 AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Neighborhood Centers of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Pheasant Ridge and Broadway Street neighborhoods, as detailed in the Recipient's Program Information and Goals and Objectives Statement for FY92. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $25,000 which shall be allocated for operating expenses of the programs of the Pheasant Ridge and Broadway Street Neighborhood Centers. B. The City shall transfer the funds to Recipient in quarterly payments of $6,250.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /Zo 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party- For ly For the City of Iowa City, Iowa: 114 J HN MCDONALD, MAYOR ATTEST: MAR AN K. KARR, CITY CLERK I contradVghdctrs For Neighborhood Centers of Johnson County: FY C Cl4J he Di f7 2' TITLE ATTEST: NAME TITL 133 �'r� P�S 4�e_- RESOLUTION NO. 91-131 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE RAPE VICTIM ADVOCACY PROGRAM. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa, which is organized and operates under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Rape Victim Advocacy Program have negotiated a . Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BYTHE CITYCOUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Passed and approved this NAYS: 11th day of June YOR ATTEST: Aa—A . a CITY LERK ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. res\ivap 131 AGREEMENT THIS AGREEMENT, made and entered into on this 11dayof June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Rape Victim Advocacy Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient will provide emergency services for all victims of sexual assault, including counseling, medical and law enforcement advocacy intervention, and referral to other agencies. Community education will be provided, including current statistics and information on sexual crimes and prevention. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY92. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $12,000 to assist Recipient in meeting its expenses for operation of the programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $3,000.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. /.3 2 C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: MCDONALD, MAYOR ATTEST: -7 ,2_� 711( ).J MARIAN K. KARR, CITY CLERK Approved as to Form City Attorney's Office contractVvap For the Rape Victim Advocacy Program: Michael J. Finnegan Business Manager TITLE ATTEST: A,,,`-� " NAME TITLE 131 RESOLUTION NO. 91-132 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH THE JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Johnson County Chapter of the American Red Cross conducts programs which respond to such needs by providing immediate and longer-term assistance to Iowa City residents, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Johnson County Chapter of the American Red Cross is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and the Johnson County Chapter of the American Red Cross have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: Passed and approved this 11th d ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick ATTEST:244-j 7� CITY'CLERK Approved as to Form City Attorney's Office y 2s res%redcross �BR ISa UTCUTAWuW►11 THIS AGREEMENT, made and entered into on this lith day of June , 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Johnson County Chapter of the American Red Cross ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide services to alleviate suffering caused by natural or man-made disasters by providing immediate and longer-term assistance to disaster victims in Johnson County. This includes offering, when personal resources are not available, immediate shelter, food, clothing, and needed medicines to Johnson County disaster victims. It also includes maintaining a program of pre- and post -disaster education to assist the residents of Johnson County with disaster self-help. Recipient will provide instruction in First Aid in order to promote personal safety and health awareness, and training in cardiopulmonary resuscitation (CPR) techniques. Details of the services to be provided are included in' the Recipient's Program Information and Goals and Objectives Statement for FY92. FUNDING A. As its sole obligation under this Agreement, the City shalt pay to Recipient the sum of $4,200 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Red Cross. B. The City shall transfer the funds to Recipient in quarterly payments of $1,050.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each 'calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. /3a 1 .. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior -written agreement of the other party- For ly For "Clof CjhZ Iowa: HN MCDONALD, MAYOR ATTEST: AZA _.�� e 7e� MARIAN K. KARR, CITY CLERK Approved as to Form City Attorney's Office contractlradcross For the Johnson County Chapter of theAAmeerica Reed Cross. NAME C I�.,Y:UIdI,V•. TITLE TITLE � a" RESOLUTION NO.91-133 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FUNDING AGREEMENT WITH UNITED ACTION FOR YOUTH. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from traditional approaches to youth services, to help them identify their individual needs, and to facilitate meeting the same in the best interest of the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, and WHEREAS, the City of Iowa City and United Action for Youth have negotiated a Funding Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest said Agreement. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisgo X Courtney % Horowitz % Kubby R Larson Y McDonald % Novick Passed and approved this 11th day of .lune 1991. AK GLC ►� AYOR Approv as t Form _ ATTEST:µ CI CLERK . City Attorney's Office 4/sF/r/ 133� AGREEMENT THIS AGREEMENT, made and entered into on this 11th day of June , 1991, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and United Action for Youth ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY92. Specifically: Recipient agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. Maintain records of Outreach workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. I33 2 2. Recipient agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. Recipient shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with Recipient's staff, others' perceptions of Recipient's effectiveness, and service gaps among agencies. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $10,000 to be used for general operating expenses of its programs. B. The City -shall transfer the funds to Recipient in quarterly payments of $2,500.00 each. The first payment will be made on July 15, 1991. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. Ill. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1992, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant /33 3 surveys shall be done only after consultation with Recipient's director regarding methods. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For,4he City of Iowa City, Iowa: NALD, MAYOR ATTEST: MA h4R� Y CLERK� Appro as orm City Attorney's Office y/ s7l l For United Action for Youth, Inc.: ATTEST: NA ` �� * TITLE 133 I� RESOLUTION NO. 91-134 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to elderly people in Iowa City who are in need of programs which aid them in their efforts to remain independent; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with the Elderly Services Agency of Johnson County to provide services for the elderly persons of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, The the Agreement between the City of Iowa City and the Elderly Services Agency of Johnson County for the use of Community Development Block Grant funds, attached hereto and mae a part thereof by this reference, is hereby approved. 2. That the Mayor is hereby be authorized to execute and the City Clerk to attest the Agreement. It was moved by Kubbv and seconded by adopted, and upon roll call there were: AYES: NAYS: Horowitz ABSENT: the Resolution be X Ambrisco X Courtney X Horowitz X Kubby x Larson X McDonald X Novick Passed and approved this lith day of June tLA ?'YYOR ATTEST: CIT? -CLERK resolutioMesahud .. .V•. .. 1991. 13Af AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 11th day of June . 1991, by and between the City of Iowa City, a municipal corporation ("City"), and the Elderly Services Agency of Johnson County ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzalet National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for 80% of the Executive Director's salary, 49% of the Chore Coordinator's salary, and 53% of the RVSP/Outreach Coordinator's salary. 2. The Agency staff of approximately 6 FTEs shall provide assistance to 1,100 elderly persons during the year ending June 30, 1992. B. During the term of this Agreement, the Agency shall provide to elderly residents of Iowa City the information and support services herein described, in order to identify and assist in responding to their needs and concerns. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY92. Specifically: The Agency agrees to provide and to publicize through available media a comprehensive Information and Referral service for elderly residents of Iowa City which shall include the following components: a. Maintenance of a current information file on services and resources available to Iowa City elderly. b. Response to requests for information about community resources for the elderly and referral of elderly individuals to appropriate resources to meet their needs. (3�- C. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. 2. The Agency agrees to provide an Outreach service to identify needs and concerns of elderly people in Iowa City and to help meet those needs with appropriate intervention, referral and case monitoring. Under the Outreach program, volunteers are trained to monitor the lives of clients through in- home visits and telephone calls. Staff monitor volunteers' written reports and intervene as appropriate. The Outreach program will also include a case management team of professionals working for hospitals and agencies coordinating various levels of in-home care in complex cases. .Outreach also includes a Retired Senior Volunteer Program which acts as a clearinghouse for volunteer opportunities throughout the community with an emphasis on elderly helping other elderly. a. The Agency shall publicize its Outreach service through available media resources on a systematic basis. b. The Agency shall provide a referral or liaison to community resources where necessary and appropriate. The Agency agrees to coordinate a chore and respite/in-home care service for Iowa City elderly in need of same. a. Coordination shall include recruitment and screening of prospective independent contractors as well as the negotiation of an agreeable wage between the elderly employer and the independent contractor. These workers will be referred to the elderly client who has requested help with yard work or non -licensed in-home care. Coordination includes the organization of volunteers in the spring and fall to help with seasonal chores around the home. C. A small repair program provides Iowa City residents over 62 years of age with help in securing repairs necessary to their safety and comfort. 4. The Agency agrees to coordinate a Shared Housing program for its elderly and handicapped clients, which shall match screened, compatible and supportive house mates who will provide some services in exchange for low/no rent. /�T 3 a. Coordination shall include finding homeowners who need either income and/or services in order to remain in their homes as long as possible. b. Tenant/homeowner living arrangements shall be monitored by the Shared Housing Coordinator to help ensure a successful living arrangement. 5. The Agency agrees to serve as an advocate for the needs and concerns of Iowa City elderly on an individual and group basis as the need arises, including: a. Group advocacy with governmental policy makers, and with business and civic community groups on unmet needs brought to the Agency's attention through the provision of its services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to the Agency's programs when a client has difficulty obtaining a service or when provision of a service is unsatisfactory. C. The Agency shall solicit and provide documentation of ongoing feedback from its clients and clients' families, and other appropriate agencies and individuals regarding the effectiveness of the programs offered by the Agency in serving elderly persons. D. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1992. PROPOSED PROJECT BUDGET: Amount Salaries: Executive Director $24,960 Chore Coordinator 8,985 RSVP/Outreach Coordinator 11,055 TOTAL PROJECT COSTS $45,000 134 4 IV. COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Forty -Five Thousand Dollars and No Cents ($45,000.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly, with the first payment to commence July 1, 1991. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. V. TERMS AND CONDITIONS: A. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. B. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1992. C. In the event the Agency discontinues its services, and/or the project/program funded under this Agreement prior to June 30, 1992, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings, and vehicles.) PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the fifteenth day following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composition and age range of the Agency's client group, and the number of female -headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. 134 C. Not later than July 31, 1992, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expendi- ture of CDBG funds allocated for this Project, shall be submitted by October 31, 1992. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to ail matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: A. The Agency acknowledges receipt of the City's "Guide to Performance and Reporting for Recipients of CDBG Funds." B. The requirements of applicable sections of: 24 CFR 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A-110 and A-133 shall apply to the use of funds disbursed under this Agreement. Copies of said Circulars are provided and by execution of this Agreement, the Agency acknowledges their receipt. IV. NON-DISCRIMINATION: A. No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. � 2.zL B. The Agency confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excused from participation in, be denied benefits of or be subjected to discrimination. This does include, but is not limited to, housing, employment and the delivery of services and programs. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code. Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $45,000.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. VII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. /31- 7 C. No federal funds appropriated under this contract shalt be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. IX. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. X. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XI. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XII. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. /3�. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this 11th day of June 1991, CITY OF IOWA CITY, IOWA ELDERLY SERVICES AGENCY OF JOHNSON COUNTY C ATTEST:G1�.tJ City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) By: yl�� ExgWive Director ATTEST:pA! gyp_ ACKNOWLEDGEMENT On this /1 -'41 day of Sc,n . .19 c1f before me, _} drt< , a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Approved by City Attorney's Office s 7 ql r3� P1 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _2-1 day of f� R 19 q I before me, the undersigned, a Notary Public in and for Me State of Iowa, personally appeared �Te a til nsA 11 and C bei, W, r4 to me pe f� onally known, who being by Ins duly sworn, �1id say that they are the � XO ' 1 r-ee ge and —40 1^e-5 laev` respectively, of the corporation executing the foregoing instrument; that nd seal has been procured by the corporation; that the instrument was signed on behalf of the' corporation by authority of its Board of Directors; that a e.R� M ANri and Ckri 5h g h.er EV, K n^dzo acknowledged the execution of the instrument to be the voluntary act and deed of the corpo a ion and of the fiduciary, by it, by them and as fiduciary voluntarily executed. n A Notary Public in and for the State of Iowa contrcts\esa.hudM OFFICIAL SEAL sSteven C. Anderson Notary Public - Iowa My Comm, Exp, DK A 1903 I.3 f OMAN RESOLUTION NO. 91-135 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND UNITED ACTION FOR YOUTH, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services, and who may possibly be approaching delinquency, and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzalez National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City of Iowa City wishes to utilize part of such funds to contract with United Action for Youth to provide services for the young people of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,: That the Agreement between the City of Iowa City and United Action for Youth for the use of Community Development Block Grant funds, attached hereto and made a part hereof by this reference, is hereby approved. 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement. It was moved by Kubby and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X X X x X X X Passed and approved this lith NAYS: day of June ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. " '�;'w YOR Approved by: ATTEST:�� CITY'GLERK City Attorney's Office r ,I/ uay.hud 135 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 11th day of June 1991, by and between the City of Iowa City, a municipal corporation ("City"), and United Action for Youth ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzalez National Affordable Housing Act (Public law 101-625); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to young people in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for 60% of the Executive Director's salary, 20% of the Counseling Director's salary, a portion of the expenditures for taxes and benefits for the Executive Director and Counseling Director, and a portion of the expenditures for utilities for the Youth Center. 2. The Agency staff of approximately 17 FTEs shall provide assistance to 800 young people during the year ending June 30, 1992. B. During the term of this Agreement, the Agency shall provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY92. Specifically: The Agency agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. /35 C. Develop trust and rapport with young people to enable the Out- reach staff to effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. 2. The Agency agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. 'Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people in meeting their needs or improving their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. C. The Agency shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with the Agency's staff, others' perceptions of the Agency's effectiveness, and service gaps among agencies. D. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. It. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1992. 1135 IV V M PROPOSED PROJECT BUDGET: Amount Salaries and Benefits: Executive Director $27,100.00 Counseling Director 7,320.00 Utilities 1.580.00 TOTAL PROJECT COSTS $36,000.00 COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Thirty -Six Thousand Dollars and No Cents ($36,000.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly, with the first payment to commence July 1, 1991. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. TERMS AND CONDITIONS: A. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond that detailed in this Agreement. B. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1992. C. In the event the Agency discontinues its services, and/or the project/program funded under this Agreement prior to June 30, 1992, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings, and vehicles.) PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. l35 4 B. On or before the fifteenth day following the end of each calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composition and age range of the Agency's client group, and the number of female -headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1992, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," and which discloses the expendi- ture of CDBG funds allocated for this Project, shall be submitted by October 31, 1992. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: A. The Agency acknowledges receipt of the City's "Guide to Performance and Reporting for Recipients of CDBG Funds." B. The requirements of applicable sections of: 24 CFR 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A-110 and A-133 shall apply to the use of funds disbursed under this Agreement. Copies of said Circulars are provided and by execution of this Agreement, the Agency acknowledges their receipt. 135 5 IV. NON-DISCRIMINATION: A. No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. B. The Agency confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excused from participation in, be denied benefits of or be subjected to discrimination. This does include, but is not limited to, housing, employment and the delivery of services and programs. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $36,000.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. VII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conclitions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. 435 B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. C. No federal funds appropriated under this contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. IX. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. X. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XI. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XII. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. Mal T�- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this day of 1991. CITY OF IOWA CITY, IOWA LBy: yor , ) ATTEST: AaA � City Jerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) UNITED ACTION FOR YOUTH By: l� Exe� ive Director ATTEST: l ACKNOWLEDGEMENT On this // f� day of , u. a 19 SI before me, —�r4g— _, a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Approved . t%%` City Attorney's Office 135 0 STATE OF IOWA ) ) SS: JOHNSON COUNTY) G7 On this �� day of Cay 19 l b ore me, the undersigned, a Notary( Public in and fort State of Iowa, personally appeared Sc.x n and to me personally know , who being by me duly swom, did say that they are the =Q r 9-c and z respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the gorporation by authority of its Board of Directors; that -e rc ecc k,v 2 c� t r . and c r �\ C` \\C. 1 F- acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. L2�.� G. ��s� a-�• l3 ffotaryPublic in and forte State of Iowa contrcts\uay.hud 135 �� I'�•e � ,p�L RESOLUTION NO. 91-136 RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH SVENDSEN TYLER, INCORPORATED FOR THE PURPOSE OF PREPARING A COMPREHENSIVE PRESERVATION PLAN. WHEREAS, the State of Iowa has established the Historic Resource Development Program (HRDP) to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has been'awarded an HRDP Grant for the purpose of preparing a comprehensive historic preservation plan; and WHEREAS, said plan will aid the City in its efforts to identify, protect and properly develop its historic resources; and WHEREAS, the Historic Preservation Commission proposes that the City enter into a contract with Svendsen Tyler, Inc., a historic preservation consultant, to coordinate the planning process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: That the contract with Svendsen Tyler, Incorporated, attached hereto and made a part hereof by this reference, is hereby approved; and 2. That the Mayor is hereby authorized to execute said contract. It was moved by Novick and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz �— Kubby X— Larson _S_ McDonald R Novick Passed and approved this 11th day of June 1991. MAYOR l Appro by ATTEST: CIT LERK City Attorney's Office q� svendsen.res /3G IOWA CITY HISTORIC PRESERVATION PLAN AGREEMENT AGREEMENT by and between Svendsen Tyler, Inc. (hereinafter referred to as the CONSULTANT) and the City of Iowa City hereinafter referred to as the CITY) for the purposes of preparing a historic preservation plan for the City of Iowa City: WITNESSETH THAT: WHEREAS, THE CITY desires to hire a consultant to develop a historic preservation plan; and WHEREAS, THE CITY has received a grant for the purposes of preparing a historic preservation plan from the State Historical Society of Iowa, Bureau of Historic Preservation; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the CONSULTANT is qualified to complete the attached scope of work (Attachment I); 2. That the CONSULTANT and CITY mutually agree to abide by the general and specific conditions of the grant agreement between the City and the State Historical Society of Iowa, Bureau of Historic Preservation attached hereto as Attachment II including Exhibits A, B, and C; 3. That the CONSULTANT agrees that all work performed under this contract will be completed by May 30, 1992 unless a revised schedule is mutually agreed upon and that CONSULTANT further agrees to perform in accordance with the schedule set out in Attachment I; 4. That the CONSULTANT submit to the City the required written and oral reports listed and scheduled in Attachment I; 5. That the CONSULTANT agrees to perform the work hereunder for the amount of $32,000 to be paid as provided in Section D. of Attacment I and otherwise adhere to the grant budget as shown in Attachment III; 91 (3( 6. That the CONSULTANT agrees to provide written documentation of all interviews and public meetings to the CITY; the CITY will provide personnel to transcribe and type the material generated from interviews and public meetings; 7. That the CONSULTANT will faithfully comply with all applicable Federal, State and City laws, regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation and published in the Federal Register on September 29, 1983; 8. That the CONSULTANT shall hold the CITY harmless from damages in any action arising from the performance of work described herein; 9. That the CONSULTANT contact the CITY with questions concerning the execution of the project in writing and the CITY will contact the STATE for a response; 10. That the CONSULTANT shall retain as sub -contractors on the project the following: Clarion Associates, Inc., Chicago, Illinois; Research assistants and other additional professionals as deemed appropriate. 11. The CONSULTANT and the CITY may by mutual agreement, make amendments to the provisions of this contract. Any amendments shall be in writing and shall be incorporated into this contract. The provisions of the amendment(s) shall be in effect as of the date of the amendment unless otherwise specified. 12. The CONSULTANT or the CITY may terminate this contract in whole or in part at any time before the date of completion, whenever it is determined that the other party has failed to comply with conditions of the Contract including the failure by the CONSULTANT to fulfill in a timely and proper manner the CONSULTANT's obligations under this contract. If the CONSULTANT shall violate any of the covenants, agreements, or stipulations of this contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to the CONSULTANT of such termination and specifying the effective date of such termination. In such event, the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work or documents. Both parties shall provide a minimum notice of ten working days. 3 13(,, IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. CONSULTANT (Id'o A.QkkQA1Ajj,— Ma less A Ind President Sven sen T I c. L• ,hn McDonald, Mayor• ty of Iowa City, Iowa uc TIg91 Date June 11, 1991 Date ATTACHMENT I Scope of Rork A. WORK ELEMENTS This project is part of a long-range program of the State of Iowa to identify, evaluate, register, and protect places of historic significance in the State. The purpose of this project is to initiate a preservation planning process in the City of Iowa City, Iowa, by organizing those preservation activities in a logical sequence and setting priorities for accomplishing them. All work on the project will conform to the Secretary of the Interior's Standards and Guidelines for Preservation Planning as published in pages 44717 through 44720 of the Federal Register of September 29, 1983, and to the project as outlined in the grant application submitted by the CITY on July 1, 1990. Products submitted will also be prepared in accordance with "Archeology and Historic Preservation;" Secretary of the Interior's Standards and Guidelines: (Federal Register 48:190:44716-44742); National Register Bulletin 16: "Guidelines for Completing National Register of Historic Places Forms" (1986); and draft Supplement to Bulletin 16 (1987). The CONSULTANT will hire individuals who meet the Secretary of the Interior's Professional Qualifications Standards for historian, architectural historian, architect, historical architect, or historic archeologist as needed to complete the project. The CONSULTANT will conduct research, serve as a facilitator at community meetings, and work with the Iowa City historic Preservation Commission and staff to draft the preservation plan. The CONSULTANT will be responsible for the overall technical quality of the project. Assistance will be provided by the Iowa City Historic Preservation Commission and other interested parties. Grant administration will be handled by the CITY. The project will consist of the following components: 1. Review historic preservation activities in Iowa City, past and present. .5G 2. Develop and integrate historic contexts as a part of a comprehensive planning process. 3. Develop goals and priorities for the identification, evaluation, registration, and treatment of Iowa City's historic resources. 4. Develop a strategic plan for future historic preservation activities in Iowa City. 5. Provide opportunities for communicating the findings of the preservation planning process to the general public and government officials and integrating responses into the final products. To accomplish these tasks, the following work elements as delineated in the Proposal by the CONSULTANT dated February 15, 1991 shall be completed according to the following outline (where the Proposal is more specific than the following outline, the Proposal shall prevail): Review historic preservation activities in Iowa City, past and present. a. Research and analyze records of preservation activities in Iowa City since c. 1970. Conduct personal interviews with local preservation pioneers. b. Develop a chronology of key events and developments. C. Develop a list of interview prospects in conjunction with CITY staff and Historic Preservation Commission members. The list should include representatives of civic and business groups, City commission representatives, preservation activists and skeptics, and representatives of educational institutions. d.. Develop an attitude survey for distribution to residents of existing or prospective historic district neighborhoods. e. Interview City staff members involved directly or indirectly with historic'preservation activities including planning and zoning, neighborhood services, housing and building inspections, economic development, housing rehabilitation, park facilities and public works projects or maintenance. 5 1349 f. Review historic preservation publications and survey products. g. Compile a report based on the information gathered in a. - f. which: 1) describes the level of public awareness and support for historic preservation. 2) reviews the governmental and private preservation activities from c. 1970 to the present. 3) identifies the preservation actors and their cooperation, interaction and communication patterns over the history of the local preservation movement. 4) summarizes ordinances, regulations surveys, inventories and educational and promotional materials enacted or developed through this time period. h. The report shall be first submitted in draft form and will be revised if necessary based on the comments of the Historic Preservation Commission and City staff. 2. Develop and integrate historic contexts as a part of a comprehensive planning process. a. Conduct background research on Iowa' City's historical development and building stock. b. Identify the concept, time period, and geographical limits for major historical contexts. c. Survey existing information applicable to development of historic contexts including information from previous surveys. d. Define property types known to exist or which could exist within the community relative to historic contexts selected. Identify the property types, characterize their location patterns and assess the current condition of property types. e. Synthesize research data, previous survey information, and property type information. 6 /36 f. Complete a summary contextual narrative using a Multiple Property Documentation Form (MPDF). This overview will serve as the vehicle for nominating individual resources including districts, as well as multiple -property thematic packages. g. The draft submission of the MPDF will include all component parts in sufficient detail so as to allow for thorough community and state review. Format will consist of typed, double-spaced text, on white 8 1/2 x 11 inch paper with ample margins and pagination. A revised or second draft can be requested if necessary. Submittal dates for the draft are included in the attached schedule. 3. Develop goals and priorities for the identification, evaluation, registration, and treatment of Iowa City's historic resources. a. Once the historic context process has been completed, establish goals and priorities for the identification, evaluation and registration of significant historic resources. b. Review the local system of protection for historic resources, both individual properties and districts. Consider the following as a part of the review: 1) Regulation - historic preservation ordinance, zoning ordinance, signage controls, historic district designations and individual landmark designations. 2) Economic incentives - easement protection, zoning incentives, tax abatement, tax increment financing districts, revolving funds, etc. 3) Planning process - land use controls, comprehensive plan recommendations, municipal capital improvement planning, municipal ownership of historic resources, etc. c. Submit a draft report making recommendations regarding language changes to local regulations to improve protection of historic resources, to provide economic incentives for preservation of historic resources.and to integrate historic preservation concerns and issues into the public planning process. The report shall be revised if necessary. 7 13.(0 4. Develop a strategic plan for future historic preservation activities in Iowa City. a. Complete a report on historic preservation activity in Iowa City, past and present (see #1 above). Develop an executive summary for use in strategic planning sessions. b. Complete individual interviews with preservation leaders and representatives of community based organizations involved with quality of life and economic development issues, education, etc. (see #1 above) Develop a summary of the interview findings. c. Conduct a series of community based strategic planning meetings to secure input from individuals and facilitate interaction of various preservation perspectives. Meetings would include the following: 1) Initial plenary meeting to introduce the concept, review the status of preservation (progress over time and the nature of current activities), identify the roles of various preservation players, examine the general needs of the community related to preservation, and begin to determine areas of most critical need. 2) Subsequent sessions on one or more specific topics such as regulation, economic incentives, heritage tourism, residential neighborhood needs, business district needs, the riverfront or the University of Iowa campus. The number of topical sessions will be determined jointly by the CITY and the CONSULTANT but shall not exceed five. d. The strategic preservation plan document should include the following: 1) Short and long term preservation priorities including clear goals and measurable objectives reflecting the input from the strategic planning sessions. 2) An inventory of human, organizational, capital and other resources in the community to aid preservation. 3) A consensus preservation agenda for the E-3 community with areas of opportunity and responsibility for both the public and private sectors delineated. Specify appropriate linkages between the Historic Preservation Commission and other community/regional preservation organizations. . 4) A description of the ongoing planning process and project review procedures including a method for dealing with emergency situations. 5) A list of proposed local ordinance changes and a schedule for their consideration and implementation. 6) A process for adoption and ongoing modification of the plan to reflect changing preservation needs. 7) Recommendations for public education responsibilities of the Historic Preservation Commission. 5. Communicate the findings of the preservation planning process to the general public and government officials and integrate responses into the final products. a. Develop planning documents and products which are clearly written and suitable for the general public as well as specific preservation audiences. b. Make documents available to the CITY for distribution to appropriate government officials and interested public. c. Make public presentations as requested by the CITY to include a minimum of two and a maximum of four public hearings before the Historic Preservation Commission, the Planning and Zoning Commission and/or the City Council of Iowa City. B. FINAL PRODUCTS Reports and memoranda to be submitted to the CITY during the course of the agreement include: a. A review and chronology of historic preservation activities in Iowa City, past and present. e7 !36 b. A Multiple Property Documentation Form. c. A comprehensive review of regulations, economic incentivesy and planning procedures related to historic preservation concerns including memoranda from Clarion Associates (as per letter of April 17, 1991 from Brad White of Clarion Associates to Robert Miklo-Attachment IV). d. A summary of interview findings. e.,A summary of survey results. f. A strategic preservation plan as described under 4.d. above. One copy of all draft materials related to the historic preservation plan will be submitted to the CITY for review purposes and for duplication and submittal to other CITY staff or review bodies and the State. A master copy of the final documents, suitable for reproduction, will be delivered to the CITY when all revisions have been completed. A 5 1/4 inch diskette containing copies of all final products will be submitted to the CITY at their discretion. Word Perfect 5.0 software will be used for word processing purposes. One copy of the Multiple Property Documentation Form will be submitted on the proper archival National Register nomination forms for the purposes of state and federal review. This document will be edited and finalized as a final document following those reviews. C. SCHEDULE This project will begin upon signing of the contract by both parties.................................on or before May 31, 1991 Research design for MPDF............................June 30, 1991 Neighborhood survey completed .......................July 30, 1991 CONSULTANT completes preservation overview ........ August 15, 1991 Interviews conducted .......................July - September, 1991 Plenary strategic planning session ................September, 1991 10 1361 Review of regulations & incentives ........ August - November, 1991 Topical strategic planning sessions...... October & November, 1991 First draft of strategic plan to CITY and session participants . ................................................December 20, 1992 Second plenary strategic planning session to review first draft .................................................January 11, 1992 First draft of MPDF and contextual narrative to City staff and the Historic Preservation Commission.............January 15, 1991 Revisions to MPDF and first draft of strategic plan to CONSULTANT from CITY........................................February 7, 1991 Revised first draft of MPDF and strategic plan to the............ State...........................................February 28, 1992 Second draft with State revisions incorporated submitted to the CITY for strategic plan.............................April 6, 1992 Public hearings before City Council and Historic Preservation Commission on strategic plan....... ..........April & May, 1992 Second draft with CITY & State revisions to strategic plan to the State..............................................April 30, 1992 State Nominations Review Committee review of MPDF ....... May, 1992 CONSULTANT submits all final materials..............May 30, 1992* *In the event substantial revisions are requested by the SNRC, the CONSULTANT shall have an additional thirty days to complete the final materials. Such revisions shall be completed for no additional fee. D. PAYMENT SCHEDULE The CONSULTANT shall submit bi-monthly billing requests as follows with 20% retainage to be disbursed as the final payment: July 1, 1991 10% with 20% retainage September 1, 1991 20% " " " . November 1, 1991 20% " if it 11 IX 0 January 1, 1992 15% " if it March 1, 1992 20% May 1, 1992 15% Total........ 100% with 20% retainage July 10, 1992 20% - Final payment Expenses shall be billed as incurred by the CONSULTANT with the same 20% retainage to apply until the project is completed. E. COORDINATION This agreement will be managed by Bob Miklo, Historic Preservation Planner, City of Iowa City. State liaison will be James Jacobsen, Bureau Chief, State Historical Society of Iowa. All bills and reports shall be directed to Miklo for processing. 12 13L ATTACHMENT II Grant Agreement between The City of Iowa City and The State Historical Society of Iowa, Bureau of Historic Preservation [Including Exhibits A, B, and C] /3L HRDP Contract No. 91-100(R) STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: Iowa City Preservation Plan This agreement is made and entered into by and between City of Iowa City, hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCIETY OF IOWA, hereinafter referred to as the STATE: WITNESSETH THAT: WHEREAS, THE STATE is interested in broadening the role of local communities in historic preservation, museums, and documentary collections through the Historic Resource Development Program. WHEREAS, THE RECIPIENT desires to develop a preservation plan for Iowa City; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit D); 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State audit as directed under the Single Audit Act of 1984, P.L. 98- 502; 4. That the STATE provide for only project costs eligible under provisions stipulated by the State Historical Society of Iowa for grants-in-aid; 5. That the STATE monitor the project and provide input as called for in the attached Scope of Work (Exhibit D); 6. That the RECIPIENT and the STATE mutually agree that if, during the duration of the contract, it is deemed necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligible costs under the terms of this agreement; 8. That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, H, C, D and E; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract will be completed by May 30, 1992; 10. That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be $41,667.00. All'eligible'costs necessary to carry out the project shall be initially advanced,by'the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $25,000.00 upon receipt of all work products and as specified in the Scope of Work. The -agreement will end on June 30, 1992. The final bill must be submitted with the final report by May 30, 1992; 1 131!;2 11. Expenditures are to be according to the Budget, attached as Exhibit E. Adjustments between budget categories are permissible following written mutual consent between the RECIPIENT and the STATE; 12, The RECIPIENT will faithfully comply with all applicable Federal and State laws, regulations and guidelines, and technical standards, including nationally accepted library/archives and museum standards and the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIPIENT shall hold the STATE,harmless from damages in any action arising from the performance of work described herein. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. RECIP Mc Donald, Mayor of Iowa City January 8, 1991 Date STATE : David Crosson, Administrator Date State Historical Society of Iowa /31c� EXHIBIT A GENERAL CONDITIONS ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE may, during the duration of this Contract, deem it necessary to, make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official of the STATE. ARTICLE II - Patent and Copyright: a. Unless otherwise specified in the award notice or scopes of work, the grantee may copyright any books, publications, films, or other copyrightable material developed as a result of grant activities. The State reserves the right to borrow or use without payment of royalty fee any materials developed as a result of grant activities. ARTICLE III - Account and Records: a. Accounts - The RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such details as will properly reflect all costs, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract. b. Audit and Inspection - At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records pertaining to all matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records.and all other matters covered by this Contract. c. Retention of Financial Records - All records in the possession of the RECIPIENT pertaining to -this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs' incurred by the RECIPIENT in the conduct of this project; however, total reimbursement shall not exceed $25,000.00. All claims shall include copies of time utilization sheets, records, documents and other evidence In support of all costs and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract: a. Termination for Cause - The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other part in writing of the determination and the reasons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding 3 /367 obligations as possible. The STATE shall allow full credit to the RECIPIENT for non -cancelable obligations up to the amount of $25,000.00, if said obligations are properly incurred by the recipient prior to termination. b. Termination for Convenience - The STATE and RECIPIENT may terminate this. contract in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of the partial termination, the portion of the terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non -cancelable obligations up to the amount of $ 25,000.00, if said obligations are properly incurred by the RECIPIENT prior to termination. C. Termination due to Non -Appropriation - Notwithetanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of this Contact are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program under which funds were provided, then the STATE shall have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the original award. In the event of termination of this Contact due to non - appropriation, the exclusive, sole and complete remedy of the RECIPIENT shall be payment for services completed prior to termination. d. Rights in Incompleted Products - In the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its property, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project. ARTICLE V - Equal Employment Opportunity: See Exhibit C. ARTICLE VI - Interest of Officials and Others: a. STATE - No officer, employee or advisor of the STATE, including a member of the State Historical Board of Trustees or the Historic Preservation, Museum or Documentary Collections Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct, or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a subgrant, contract, subcontract, or any agreement supported with State Historical Society of Iowa assistance if the person or any of the following has a financial interest in that application. 1. The person, the person's spouse, minor child or partner, or; 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or; 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment. 13(0 Benefit or remuneration other than a fee in accordance with applicable statewide procedures includes, without exception, royalty commission, contingent fee, professional services contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. ARTICLE VII - Assignment of Interest: - Neither this Agreement or any interest therein nor claim thereunder shall be assigned to transferred by the RECIPIENT to any other party or parties. ARTICLE VIII - Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior written approval to subcontract by the STATE. ARTICLE IX - Contract coverage: This instrument contains the entire agreement between the parties and any statements, inducements or promisee not contained herein shall not be binding upon said parties. This Contract shall insure to the benefit of, and be binding upon, the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record in this State, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict. ARTICLE X - Procurement of Professional Services and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires solicitations from at least three sources to permit reasonable competition consistent with the nature and requirements of the procurement. If only a single vendor exists, the society shall be so notified. "Cost -plus -a -percentage -of -cost contracting is strictly forbidden. Rather, cost reimbursement or fixed price contracting is required. Project principal investigators must meet minimum professional standards as generally accepted by library archives and curatorial and historic preservation communities. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. 5 /� EXHIBIT B SPECIAL CONDITIONS ARTICLE I - Identification of Parties: This Contract is entered into by and between the State Historical Society of Iowa, hereinafter, called the STATE, and Iowa City Historic Preservation Commission, hereinafter called the RECIPIENT. ARTICLE II - Designation of Officials: a. STATE - The Administrator of the State Historical Society of Iowa, the historical division of the Department of Cultural Affairs, is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. He may designate a member of his staff to negotiate, on behalf of the State, any changes to the Contract. b. RECIPIENT - John Mc Donald, Mayor, is authorized to execute this Contract, John Mc Donald, Mayor, is authorized to execute any changes in the terms, conditions, or amounts as specified is this Contract. ARTICLE III - Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis, independent financial and compliance audits of the Historic Resource Development Program funds received from the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Circular A-128, "Audits of State and Local Governmente", pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, public college or university, audits shall be made in accordance with statutory requirements and the provisions of Circular A-110. A copy of this audit must be submitted to the STATE. b. General Obligations - All work performed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations. ARTICLE IV - Conditions of Payment: a. Maximum Payment - It is expressly understood and agreed that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein'. All payments for work and services under this Contract shall be on a cost incurred, non-profit basis. b. Requisition for Payment - All payments to the RECIPIENT shall be subject to the receipt by the STATE of an Invoice for payment. The invoice shall be made according to the format specified 'by the STATE with reimbursements to the RECIPIENT occurring at Intervals of sixty (60) days after receipt of invoice. ARTICLE V - State Funding Acknowledgement: Publications, films, exhibits, signage, capital work in progress, invitations, press releases, publicity, fund raising efforts etc., developed as a part of this Contract shall acknowledge State aid by including the following statement as part of the Title or Acknowledgement Section with each item produced. /3L When issuing statements, press releases, and other documents describing projects or programs funded with HRDP funds, the following credit line must be included: 'This project was partially supported by a Historic Resource, Development Grant from the State Historical Society of Iowa.' 134 09rr g SN3IdIDaH agq guava egg uT gegg 'seeaMoq 'paPIAosd :aoueTTdmoouou so; SUOTgoupe buTpnTouT suoTsTAOsd guns buToso;Ua ;O Bueau p se qua=Tp .Sem 3ly.IS aqg BE zepsO aBpgoznd so =ogoesquoogns Aue aq goadsaa gqTM uoTgoe.tions eKeg rrTM lN3IdIoaW agl 'zopuaA sO zogopzquoogns goea uo burpuTq aq TT -Fm BUOTeTAosd gegq os '3lVIS Pres ;o BUOTgeTnfiaz pup Berns aqq ggTM eouepz000v uT alVxs egg ;o rvAozddv Aq pagdmaxe ATTpoT;Toads BeaTun aepzo eaegosnd pup goezguoogns AsaAe uT ;oasaq (S) g6nozg4 (T) Bgduaftard ;o BuoTsTeoad aqq apnTOUT TTTM malTio3H aql '9 -MpT Aq papTAoad osTMzaggo BE zo agpgS aqg ;o suoTgernbas pup eaTnz aqq Aq zo 'pepusup sag;paaaq Pup azo;ogasag Be 'EL6T enol ;O aPOo 'yio9 zagdego 'papuame 6e S96T ;o goy sgg6T2i ITATO vmoi aqq Aq papTAosd BE 'p"oAuT seTpauas pup pasodmT eq Arm euoTgoues saggo gone pup 'uoTgop saggxn; gone aNvq dpm 3lylg agg 'uoT}Tppp .uI '3lylg agg ggTM sgopsguOO Taggzn; zo; BTgTbTTauT peavToap aq Arm SNalcmau atm Pup gzpd uT zO aTOgm UT papuadens zo 'pagpuTmsag 'paTaoupo eq Arm goesquoo eTgq 'sgsanbas so SUOTgrTnbas 'earns pTpeeao;e agq ;o Aue gqTM zo goezquOO BTgg ;o saenero UOTgpuTmTsoBTpuou agq gqTM aoupTTdmoouou S.SN3IdIo3H eqq ;O quana aqg ui -S -aeneTo UoTgpuTmTzosTpuou STgg gqTM zo 'egeanbas so euoTgernbez 'Berns gone gqTM aoueTTdmoo utpgzeose oil uoTgp6T4sanuT ;o esodind so; 3yyyS egg Aq spzooez quamdordma Pup TTozApd oq seaoop gT=Bd TTTM Pup ;oezagg euOTgprnbas pup eaTnz agq oil quenesnd zo Aq psaTnbaz so 3lylg agg Aq pagsanbez egsodaz pup uoTgemzo;uT TTe geTuzn; TTTM lKaIdIo32MM '3lvms agq ;o suoTgeTnbas pup earns egg ;o guamAoTdma -TTe; oil 4UPAOTe2 BUOTBTAOsd TTp pup 'ZL6T ;o goy AgTungsoddO quemAOTdm3 renb3 aqg 'L96T ;O SL£TT saps0 9ATgnoax3 Tvaepea Aq papuame BE 596T ;O 97ZTT saPaO OATgnoex3 rezapaA 'EL6T ;O ST# saps0 O&T4noax3 vmoI 'Papuame BE S96T ;o goy gg6TH TTATO eMOi eqq.;O BUOTBTAosd gupneras TTE gqTM Arduoo TTTM lN3IdI3au aril '4 'quamAordma so; BgueoTTddp pup BaaAOTdma oil ergerTenp aoerd enonoTdsuoo p uT eoTgou aqg ;o sardoo geod rrpge pup asnUTO UoTgpuTmisoBTpuou eTgq sapun equamgTmmoo lNaidioau agq ;o aATgpguasasdas B,zaXaoM so uoTun zoger aqq buTBTAPe BOT40U p 'burpupgssapun so gopsquoo zagg0 so quamaasbp buTuTefiseg aATgoarrOO p Beg eg goTgM gqTM ssaxaoM ;o eATgequeseadea So uoTun sogeT gaps oq pues TTTM lN3IdIDU atil '£ uoTgpoT;TTenb rpuoTgpdn000 OPT; euoq p Og Bagpraz qT asagm gdaoxe AgTrTgesTp Tpquam so TpoTBAgd so afie 'xas 'uTbTzo TeuoTgeu 'uoTbTTaz 'soToo 'peazo 'eops oq paubaz gnogqTM quamAordua zo; uoTgpsapTsuoo aATaoaz TTTM BgueoTTddp.paT;TTenb TTe gpgq agpgs 'MaId=H etlq ;o. ;Tut[aq uO zo Aq paoerd saaAordme 3o; squamaBTgsanpp aO BUOTgpgToTTOB TTp uT 'TTTM lN3IdIDau Otil Z •asneTo uoTgpuTmTzosTpuou eTgq ;o SUOTSTAOsd ggzo; buTggae e8OT40U 'guamAoTdma 3o; squpoTTddp pup aeaAoTdma oq OTgeTTpnp 'saopTd snonordeUoo uT geod oq 138az6p SN3IdIoad Bill -dTgsaz)Tquasddp buTpnTouT 86uTuTez4 zo; uoTgoaras Pup :uoTgpsuadmoo ;o smso; JOg40 so Apd ;o agpz !uoTgpuTmsaq zO ;;OAeT :bu7sTgsanpp quamgTnzoaz zo guemgrnzoaa. lae;supzq zo uoTgomap 'buTpezfidn 'quawAoTdma :buTMoTjo; aqq oq pagTmTT a qou gnq apnrOUT ITEge UOT40V gong 'uoTgpoT;TTpnb TenOTgpdnozo OPT; puoq a oq Begeras gT esagm gdaoxa AgTTTgpsTp Teguam JO TpoTBAgd so aft. 'xas 'UTbTzo TpuOTWEV 'uoTbTras 'soToo 'paaso 'aopz zragg oq pse6az gnoggTM quamAoTdma 6uTznp pageTes asp saaAoTdma gegq pup paAordma asp OWPOTTdde gpgg aznsuT oil uoTgop BATgpmsT;;p aKpq TTTM jNaIaI0aU agl-AgTTTgpsTp Tpquam so TpoTBAgd SO 96E 'xas 'ujbTao IVUOTgeu 'uoTaTrax 'soToo 'peazo 'sops ;o asnsoaq guamAordma so; qupoTTddp .o aaAOTdma Aup gsuTebp ageuTmTzoeTp qou TTTM lN3IdIo3U aql 'T S3oIlovua aiva 30 3aoo :ASINIIvaodd0 7vnt53 0 lI9IHX3 becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the STATE, the RECIPIENT may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 133, ATTACHMENT III Budget Personnel: $28,600 Principal - Marlys Svendsen @ $35 per hour Research Assistant - Shaner de Magalhaef @ $6 per hour Research Assistant.- Angela Maynard @ $6 per hour Computer Specialist - Steven Roesler @ $10 per hour Brad White & Clarion Associates staff - flat fee - $5,000 Gay Foster -Pray - flat fee - $200 CONSULTANT Expenses: $3,400 Travel - $1,800 Food - $600 Miscellaneous supplies and material - $250 Postage and shipping - $250 Photocopying and printing - $250 Photography and mapping - $250 TOTAL $32,000 Support by CITY and Others: Photocopying - $250 donated value Postage (survey forms, session notices, plan distribution) - $250 donated value Mapping - $400 donated value Strategic Plan Sessions expense - $200 donated value Access to workspace and telephone while CONSULTANT staff are working in Iowa City Lodging for CONSULTANT for approximately 30 - 40 nights to be provided by members and staff of the Historic Preservation Commission at no expense to the CONSULTANT or the CITY. Is(, ATTACHMENT IV Letter of April 17. 1991 from Brad White, -Clarion Associates to Robert Miklo, City of Iowa City /34. 5 Lor Wad, 15n;; Saw 1660 Owax". lllnnn 60601 IV. 630. 9100 Fns 317.6 30.9525 April 17, 1991 Mr. Robert Miklo Associate Planner Iowa City Historic Prose3vation Commission 410 East Washington Street Iowa City, Iowa 52240 Dear Bob: C L A R 1 0 Pursuant to your request please find outlined below a summary of our proposed work program as it relates to review of the existing historic preservation ordinance, zoning ordinance and comprehensive plan. As you are aware, we are members of the team headed by Svendsen Tyler and our work program and products will be incorporated with the team work program and products. A. Review of Existing Ordinances We will review the existing historic preservation ordinance, zoning ordinance and comprehensive plan. We will prepare Memorandum One, a preliminary memo, that outlines legal. precedent for historic preservation ordinances and Identifies strengths and weaknesses of the existing ordinances. Over the past decade, historic preservation case law has evolved, providing historic preservation advocates with the legal basis and innovative tools to protect historic resources. This preliminary memo will be used as a basis for comments by tho preservation commission, the advisory committee and community participants. B. Development of Goals and Priorities for Protection of Historic Resources During this phase we will participate in meetings in Iowa City to develop goals and priorities for the protection of historic resourcos. Although we expect most of the direction to come from the preservation commission and the advisory committee, your efforts will not be successful unless a broad range of constituents are contacted. Therefore, an important part of our review will consist of meetings, individually or in groups, with other city staff, city loaders, community leaders, corporation counsel, University representatives, historic preservation commission members, neighborhood residents, business leaders, real estate developers and local land use attorneys who are not directly part of the process. At the conclusion of this process we will prepare Memorandum Two that will offer techniques to protect historic resources based on the goals and priorities developed during this phase. The memo will include a review of.how other communities address similar issues through historic preservation and zoning ordinances, and recommendations for alternative ways in which Iowa City 13(l li Mr. Robert Miklo April 17, 1991 Page 2 can approach its unique needs, our recommendations vill not include preparation of a new historic preservation ordinance. However, it is our intent that the information provided by us will be a framework for you to work with to draft appropriate changes to your ordinances. This memo will also include a discussion of possible incentives to encourage the protection and rehabilitation of the city's historic resources. Although the discussion will highlight incentive programs from other communities, it will be focused on the needs of Iowa City. Likely incentives include property tax freezes and abatements and creative financing techniques; however, we will respond to the issues raised by the community. Other incentives that are possible include transferable development rights and revolving loan programs. by the community to develop such a program. We foresee that after distribution of Memorandum Two we will hold meetings with the advisory committee and other community leaders. If appropriate, this trip can include a public meeting to.present and discuss the memo. C. Final Product Based on the comments we have received, we will finalize Memorandum Two for incorporation into the Strategic Plan and integration into the appropriate comprehensive plan chapter. The Final Memo will also incorporate the discussion of legal precedent and the existing ordinances from Memorandum One. As you can see, while budget limitations do not allow us to draft amendments to the existing preservation ordinance or collect the local information necessary to establish an incentives program, you will be provided with a final product, as part of the strategic Plan document and process, that can be used as a framework to establish a comprehensive preservation program. We are looking forward to the opportunity to work with you on this project. Please call with your questions. sincerely, Bradford J. White Vice President cc: Ms. Marlys Svendsen 13L P�5 ZK RESOLUTION NO. 91-137 RESOLUTION AUTHORIZING EXECUTION OF A LIMITED RELEASE AGREE- MENT CONCERNING STORMWATER MANAGEMENT EASEMENT AGREEMENT WITH COURT HILL -SCOTT BOULEVARD ADDITION, PART IX. WHEREAS, the City of Iowa City, Iowa, a municipal corporation ("City"), and Plum Grove Acres, Inc., an Iowa corporation ("Subdivider"), entered into a stormwater management easement agreement dated June 3, 1990, and filed for record in the Johnson County Recorder's Office as Book 1117, pages 6-13; and WHEREAS, the City does not ordinarily release a subdivision from the construction requirements included in the stormwater management easement agreement until permanent groundcover is established and mowable; when erosion and sedimentation are wholly or substantially controlled; and when substantially all lots within the tributary area which is within the subdivision have been developed, all as determined by the City Engineer; and WHEREAS, in the interim, a lien remains on the subdivision herein, with a cloud on the titles of all properties within Court Hill -Scott Boulevard Addition, Part IX; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the attached limited release agreement would remove the cloud on the title to the properties in the Court Hill -Scott Hill Addition, Part IX while the City would remain protected by reason of the lien attaching to an established escrow fund in the amount of $5,000, said escrow fund to be established and maintained by the Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the stormwater management easement agreement would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. It is in the public interest to execute the attached limited release agreement for Court Hill -Scott Boulevard Addition, Part IX in order to protect local property values. 2. The Council finds that transfer of the real estate lien to the escrow account is reasonable under the circumstances, and protects the City's interests herein. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the attached limited release agreement for recordation by the subdivider in the Johnson County Recorder's Office. lag Resolution No. 91-137 Page 2 4. Upon certification from the City Engineer that construction of the stormwater management facility has been satisfactorily completed, with permanent groundcover established and mowable, with erosion and sedimentation wholly or substantially controlled; and in the opinion of the City Engineer substantially all lots within the tributary area within the subdivision have been developed, the Mayor and City Clerk are authorized to execute a release, for recordation in the Johnson County Recorder's Office. It was moved by Horowitz and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: i.7 X X X X NAYS: Passed and approved this 11th day of ATTEST: CIT CLERK legaftorthill.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. .?/ la7 LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation ("City"), and Plum Grove Acres, Inc., an Iowa corporation ("Subdivider"). In consideration of the mutual promises provided herein, the parties hereto agree as follows: 1. The parties acknowledge that by reason of a Subdi- vider's Agreement and Storm Water Management Easement Agree- ment for Court Hill -Scott Boulevard Addition, Part IX, both of which are dated June 3, 1990 and filed for record in the Johnson County Recorder's office in Book 1117, Pages 6 through 13, the Subdivider is obligated to construct a storm water management facility ("Facility") as required by the City and as a benefit to Court Hill -Scott Boulevard Addi- tion, Part IX ("Subdivision"). The parties further"acknowl- edge that this obligation is deemed a covenant running with the land, and that only one basin of the Facility is de- signed to serve said Subdivision. 2. The parties acknowledge that $5,000.00 has been placed in escrow with the City for all lots in the Subdivi- sion according to the plat thereof recorded in Plat Book 31, Page 47, Records of Johnson County, Iowa. The parties fur- ther acknowledge that this escrow is being retained by the r3?. -2 - City pending completion of the Facility, as certified by the City Engineer. 3. The City acknowledges that construction of the Fa- cility herein has now been substantially completed, but that permanent groundcover is not yet established and mowable; that erosion and sedimentation are not wholly controlled; that all lots within the tributary area which is within the Subdivision are not yet developed; and that final acceptance by the City of the Facility is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and cloud on the property described above. 4. In consideration of the City's limited release of this lien, the Subdivider agrees that the lien on any lot in the Subdivision shall be transferred to and shall immedi- ately attach to the $5,000.00 escrow for this property, and that this lien shall remain attached to the $5,000.00 escrow until such time as permanent groundcover is established and mowable; erosion and sedimentation are controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area which is within the Subdivision have been developed. At such time, the Facility may be ac- cepted by the City, and a general release given to the Sub- divider for recordation. /37 -3- 5. In consideration thereof, the City does hereby re- lease any lot in the Subdivision, Court Hill -Scott Boulevard Addition, Part IX, Iowa City, Johnson County, Iowa, accord- ing to the plat thereof recorded in Book 31, Page 47, Records of Johnson County, Iowa, from any lien or cloud now placed on the title to the above properties for the purposes stated in Paragraphs 2 through 4 above. 6. This Limited Release Agreement shall be deemed a covenant running with the land and with the title to the land, and shall inure to the benefit of and bind the parties hereto, their successors and assigns in interest until such time as the property may be released of record by the City, as provided by law. 7. This Limited Release Agreement shall in no way al- ter, amend or modify the Storm Water Management Easement Agreement running in favor of the City and filed of record in Book 1117, Pages 11 through 13, Records of Johnson County, Iowa. DATED this 94 day of , 1991. PLUM GROVE ACRES, INC. BY: Z 2• �aa Gtl Bruce R. Glasgow, resident BY: 42 z rank Boyd, Secretar /3'1 STATE OF IOWA SS: JOHNSON COUNTY -4 - CITY OF IOWA CITY, IOWA BY: hn McDonald, Mayor BY: ova� "X • 7C�� Mar -tan K. Karr, City Clerk On this day of , 19, before me, the undersigned, a Notary Pu is in and for said County, in said State, personally appear d Bruce R. Glasgow and Frank Boyd, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. • JOHN ::. CRUIVi MY �lw 14,1992 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Nota,W Public in and for the tate of Iowa. On this // fh day of 7C4.4 , 191_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corpora - /39 -5 - tion by authority of City Council of said municipal corpora- tion; and that the said John McDonald and Marian K. Karr ac- knowledged the execution of said instrument to be the volun- tary act and deed of said municipal corporation by it and by them voluntarily executed. 0:2la6388.doc Notary Public in and for the State of Iowa. City Attorney's Office .3'7 t''es 4w— RESOLUTION NO. 91-138 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOY- EES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1991, THROUGH JUNE 30, 1993. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 1991, through June 30, 1993, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement It was moved by Larson and sgconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney $ Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 11th day of June -1991. ATTEST: CI LERKERK afscme.res ��._ Approved by AGREEMENT BETWEEN CITY OF IOWA CITY IOWA CITY LIBRARY BOARD OF TRUSTEES l THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, AFL-CIO JULY 1, 1991 TO JUNE 30, 1993 Iss TABLE OF CONTENTS PAGE PREAMBLE............................................................ 1 ARTICLEI --RECOGNITION ............................................... 2 ARTICLE II -- MANAGEMENT RIGHTS ....................................... 2 ARTICLE III -- NO STRIKE - NO LOCKOUT .................................... 3 ARTICLE IV --BULLETIN BOARD ........................................... 3 ARTICLE V --BUSINESS AGENTS ........................................... 3 ARTICLE VIDUESCHECK OFF ........................................... 3 ARTICLE VII -- HOURS OF WORK .......................................... 4 ARTICLE VIII -- OVERTIME ............................................... 6 ARTICLEIX --HOLIDAYS ................................................. 9 ARTICLE X --VACATIONS ............................................... 11 ARTICLE XISICKLEAVE.............................................. 11 ARTICLE XIISPECIALLEAVES.......................................... 13 ARTICLE XIIISENIORITY.............................................. 17 ARTICLE XIVDISCIPLINE.............................................. 20 ARTICLE XVINSURANCE.............................................. 20 ARTICLE XVI SAFETY ................................................. 22 ARTICLE XVII -- PERSONNEL TRANSACTIONS ............................... 22 ARTICLE XVIII -- CLOTHING AND EQUIPMENT ............................... 23 ARTICLE XIX -- RECOVERY AND REHABILITATION PROGRAM .................. 23 ARTICLE XX -- GRIEVANCE PROCEDURE ................................... 24 ARTICLE X)G PAY PLAN ............................................... 26 ARTICLE XXII -- AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER ............................. 27 ARTICLE XXIII--GENERAL CONDITIONS ................................... 28 ARTICLE XXIV -- DURATION OF AGREEMENT ............................... 28 ARTICLE XXV -- SAVINGS CLAUSE ........................................ 28 APPENDICES I AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: 1 (34 ARTICLE I RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a.. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, .schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. 2 j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike. shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement - ARTICLE IV BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE V BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. Section 2. The Union shall notify the Personnel Administrator after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE VI DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month_ l,3 �; Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible'for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section 1. Definitions. Temporary Employees - Those who regularly work less than twenty (20) hours per week, regardless of length of employment or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes of bidding pursuant to Section 4B of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. Seasonal Employees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City. Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (16) hours -per -week increments Section 2. Regular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Day Operations - The regular work week for permanent full-time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. 0 la 4 C. Permanent Full -Time - Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Temporary and Part -Time Employees. A. Permanent part -titre employees shall be assigned a regular number of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned pursuant to Section 1 of this Article. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. B. Temporary Employees. Temporary, seasonal, and casual employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement, except as provided in Section 1 of this Article. Temporary employees may compete for permanent openings with the employer. Their seniority shall be computed from their last date of hire. However, permanent employees, regardless of length of service, will be given seniority preference over temporary employees. C. Special program employees include those funded by CETA, work study, and similar programs. Such employees shall be considered as temporary employees. However, employees funded by CETA will receive benefits for which the City is reimbursed and which are either agreed upon in writing at the time of employment or at a later date. Special program employees become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, permanent employees, regardless of length of service, shall be given seniority preference over special program employees. The supervisor shall make a reasonable effort to notify bargaining unit employees of any known special needs or requirements of special program employees. /31 D. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provided a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. Full-time bus drivers will be provided a thirty minute lunch break from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be negotiated. Section 7. Clean-up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to holiday, vacation, compensatory time, or personal leave. C. Take leave without pay for the time missed. Section 9. Travel Time - Transit. In addition to hours specified on the nm sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to return the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE VIII OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exception: Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. e.g., Landfill employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. /.3 1? B. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand -By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: Employee Assigned to Stand-by Pay Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call -In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent: Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. 137 There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot tolled for another two (2) hours unless it has been two (2) hours since the last call. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 2:00 p.m., but before 10:00 pm. shall receive an additional fifteen cents ($.15) per hour. Employees who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a -m. shall receive an additional thirty ($.30) per hour. For the first year of this agreement this section shall apply only to employees in the Transit Department and in the divisions of Water, Pollution Control, Parking and Equipment Maintenance. For the second year this section shall apply to all other eligible bargaining unit employees. ARTICLE IX HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving, Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro -rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. 137 Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section 1 of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of considering separation pay. e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12.01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro -rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (11h) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive twelve (12) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. next. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the 10 139 Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Length of Service I Days Per Pay Month 0-5 years 1 5 years 1 day - 10 years 1 1/4 10 years 1 day - 15 years 1 1/2 15 years 1 day - 20 years 1 3/4 more than 20 years 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192)•hours (24 days). Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Payment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving worker's compensation. Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. 11 /37 Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty-six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Sick leave may be used on an hour -to - hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for. (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. C. The City may discipline employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously M. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. 12 C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee -win determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies to protect against abuse by individuals. d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-case basis by the supervisor. This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the right to do so. Section 6. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE XII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. 13 (3 7 Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals if required to attend the funeral of his/her spouse, child, grandchild, stepchild, foster child, mother, father, stepparent, sister or brother. An employee will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his/her mother-in-law, father-in- law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. In the event an employee fails to return to work at the end of any such leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the period of absence. C. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired., the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each worsting day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 14 13 8 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. Failure to return from an unpaid leave where insurance coverage was desired, will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons when the employee is neither plaintiff nor defendant in the action and the City shall receive the witness fees up to the amount of compensation paid to the employee by the (Sty for days testified. Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. ,Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able. 15 13 F Section 9. Union Business Leave. a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any one employee under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. C. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. e. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 61 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. C. The work -relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. 16 /31K ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, ,the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. 17 13 E Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. b. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classifica- tion to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees wbo are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non -promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, a laid -off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid - off employees shall be offered the job first where the City determines the laid -off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid -off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid -off employee may bump the least senior employee in a job outside their classification and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid -off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. 18 (s 7 Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. C. Recall from Layoff. The names of permanent employees laid off shall be placed on a re- employment list for the jobs affected in the layoff. Such persons shall be eligible for re- employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their return to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires tq do so, he/she may return to the previous position. I B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than one step higher. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. 19 ARTICLE XIV DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or wanting. b. Written reprimand or warning. C. Suspension with loss of pay. d. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the fust offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE XV INSURANCE Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix 'B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are. not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500". Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XX. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably 20 equivalent to the "Iowa 500". If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. Section 5. Carrier Change. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Section 6. Long Term Disability Insurance. Effective July 2, 1983, the City will provide long- term disability insurance for permanent full-time bargaining unit employees with sixty percent (60%) coverage of salary to a maximum of one thousand five hundred dollars ($1,500) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment 21 l.3 S ARTICLE XVI SAFETY Section 1. Policy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Written warnings for minor infractions which are not over twelve (12) months old at the time of the regularly scheduled performance review will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Such notation shall be removed from the personnel file following eight months of service without any discipline. 22 l,3 ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. (Police Department employees see Appendix G.) Section 2. The employer will provide required protective clothing or protective devices, including up to $70.00 annually for the purchase of safety shoes. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 3. Commercial Drivers License. Prior to April 1, 1992, the City will provide training, on work time to enable employees whose job requirements include possession of a Commercial Drivers License, to obtain such a license. Additionally, the City will provide equipment necessary to take the applicable tests. The employer will reimburse non -probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restriction removals when the employee's job requirement includes possession of such license. ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City_ recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the.Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. 23 ARTICLE XX GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article IX, Section 1, excluding the personal leave day, for purposes of this section. Section 2. Remesentation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: -- 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data entry or other Accounting Division error wr71 be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article XX. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Stem 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step.2. 24 06, B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall meet within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. the City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. 25 l� D Section 5. Labor -Management Committee. The Labor -Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. a. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. b. "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. C. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor - Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length unless extended by mutual agreement and shall be scheduled to alternate between the working hours and non -working hours of the labor members. The function of the Labor -Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor -Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); and b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works — Division Heads). ARTICLE XXI PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on July 5, 1991, shall be adjusted upward by five percent (5%) effective July 6, 1991. The resulting pay plan shall be further adjusted upward by two and one-half percent (2.5%) effective July 4, 1992. That resulting pay plan shall be further adjusted upward by two and one-half percent (2.5%) effective January 2, 1993. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years, for example, are as follows: July 4, 1992 July 2, 1994 July 3, 1993 July 1, 1995 26 10, T Section 2. Merit Plan. The pay plan is based on performance evaluations and merit The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3. Pay Pian Each range of the pay classification plan will contain six (6) steps (1-6). Employees at Step 1 are eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2-6 are eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outride of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number of year; of continuous service with the City by December 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 5 years 10 years 15 years 20 years AMOUNT FY92 $275.00 350.00 450.00 550.00 AMOUNT FY93 $275.00 450.00 600.00 750.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. ARTICLE XXII AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the patties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa, 27 talt ARTICLE XXIII GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor -Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, nationality, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. ARTICLE XXIV DURATION OF AGREEMENT This agreement shall be in effect between July I, 1991, and June 30, 1993. Furthermore, this contract shall continue from year to year subsequent to June 30, 1993, unless written notice to change or modify it is mailed or hand -delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next working day thereafter. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. 28 THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL N 3 By ' !� RESIDENT By: TEAM MEMBERS By: SCME/Iowa Council 61 Approved by CITY ATTORNEY'S OFFICE 29 CITY OF IOWA CITY, IOWA LIBRARY BOARD OF IOWA CITY, IOWA By CRETARY t3 b APPENDIX A FY92 - FY93 AFSCME Classification Plan TI CL ............................................ Job Title TI CL Job Title 1 1 M.V.1 - TRANSIT ----------------------------------------------- 7 5 CUSTOMER SERVICES COORDINATOR 2 M.V.1 - RECREATION i GVMT BLDGS 6 M.Y.111 - CEMETERY 3 M.Y.1 - PARKING SYSTEMS 7 MW 11 - LANDFILL/RECYCLE 4 PARKING CASHIER 8 OFFICE COORDINATOR - ASSISTED HOUSING 5 CLERK/TYPIST - INFO DESK OPERATOR 9 LIBRARY ASSISTANT II 6 CASHIER - TREASURY 10 MECHANIC 1 7 M.V.1 - PUBLIC HOUSING 12 PRODUCTION COORDINATOR - BTC 8 M.V.I - CBD 13 MV II - REFUSE/LANDFILL 9 KENNEL ASSISTANT 14 M.W.111 - TRANSIT 10 M.V. 1 - POLLUTION CONTROL 15 BODY REPAIR MECHANIC 11 MW I - PARKS 16 INTERACTIVE SPECIALIST 2 1 M.Y.1 - STREETS B 1 M.W.111 - TRAFFIC ENGINEERING 4 CLERK/TYPIST - LEASED HOUSING 2 M.W.111 - LANDFILL 6 ACCOUNT CLERK - ACCOUNTING 5 M.W.111 - PARKS ' 7 LIBRARY CLERK 6 BUYER 11 7 SR. ENGINEERING TECH. -ENGINEERING 3 1 M.V.I - WATER 8 TECHNICAL ASSISTANT - PPD 2 PARKING ENFORCEMENT ATTENDANT 9 MECHANIC 11 4 SR. CLERK/TYPIST - SR. CENTER 5 SR. CLERK/TYPIST MINUTETAKER 9 1 M.W.111 - POL. CONTROL COLLECTION 7 CENTRAL SERVICES CLERK 2 M.W.111 - STREETS 8 M.V.II - CEMETERY 4 SR. X.Y. - PARKS MOWING 9 SCALEHOUSE OPERATOR 5 ELECTRICIAN 10 M.V. 1 - TOWING 6 T.P.O. - WATER 12 WATER SERVICES CLERK 8 SR RADIO DISPATCHER - POLICE 9 CONSTRUCTION INSPECTOR I 1 M.Y.1 - REFUSE 10 MECHANIC III 2 M.V.11 - STREETS 11 M.Y. III - LIBRARY 3 M.V.11 - RECREATION 4 M.V.I1 - PARKS 10 1 M.W.111 - WATER 5 M.W.II - POLLUTION CONTROL 2 SR. M.Y. - STREETS 6 M.W.II - PARKING SYSTEMS 3 T.P.O. - POLLUTION CONTROL 7 M.V.II - TRAFFIC ENGINEERING 4 HOUSING SPECIALIST 8 CLERK/TYPIST - POLICE RECORDS 5 HOUSING INSPECTOR 9 SR. CLERK/TYPIST-POLL. CONTROL 6 LIBRARIAN I 10 POLICE DESK CLERK 7 CONSTRUCTION INSPECTOR 11 12 SR. CLERK/TYPIST - RECREATION 8 SR. MECHANIC 13 ACCOUNT CLERK - TREASURY 9 MW III - WATER PLANT 14 ACCOUNT CLERK - TRANSIT 10 HOUSING REHAB. ASSISTANT 15 MASS TRANSIT OPERATOR 11 SR. M.Y. - CBD 16 SR. LIBRARY CLERK 17 M.Y.II-PARKING SYSTEMS -TOWING 11 1 M.W.111 - POL. CONTROL PLANT 18 CLERK/TYPIST - HIS 2 SR. M.Y. - PARKS CONSTRUCTION 19 LAB TECHNICIAN - POL. CONTROL 3 SR. M.V. - RECREATION 20 MV I - LANDFILL/RECYCLING 4 ELECTRONICS TECH - TRAFFIC ENG 5 BUILDING INSPECTOR i 1 M.W.I1 - SR.CENTER 6 ELECTRONICS TECH - POL. CONTROL 2 M.Y.II - TRAFFIC ENG. SIGNS 7 ACCOUNTANT 3 M.Y.11 - TRANSIT 8 SR. TPO - POL. CONTROL 4 SR. CLERK/TYPIST - TREASURY 5 SR.CLERK/TYPIST-POLICE RECORDS 12 2 CHEMIST 7 M.Y. III - PARTS CLERK 8 M.V.1I - WATER SERVICE 13 1 SR. TPO - WATER 9 M.V.II - WATER METER REPAIR 2 SR. CONSTRUCTION INSPECTOR 11 M.V. 11 - FORESTRY 3 REC. PROGRAM SUPERVISOR 12 M.V. 11 - POL. CONTROL PLANT 4 LIBRARIAN 11 13 SR. CLERK/TYPIST - STREETS 5 SR. ENGINEERING TECH. - SURVEY 6 VOLUNTEER SPECIALIST -SR CENTER 1 LIBRARY ASSISTANT 1 7 SR. ACCOUNTANT - ACCOUNTING 2 ASST. T.P.O. - POLL. CONTROL 8 SR. ACCOUNTANT - TREASURY 3 ADM. ACCT. CLERK - ACCOUNTING 5 POLICE DISPATCHER 14 1 SR. M.Y. - LANDFILL 6 M.W.111 - PARTS/DATA ENTRY CLK 3 SR. M.Y. - POLLUTION CONTROL 7 ANIMAL CONTROL OFFICER 4 SR. M.Y. - CEMETERY 8 BUYER I 5 REHABILITATION OFFICER 10 HOUSING MANAGEMENT AIDE 6 ASSOCIATE PLANNER 12 CUSTOMER SERVICE REPRESENTATIVE 7 HUMAN SERVICES COORDINATOR 13 SR. ACCOUNT CLERK - ACCOUNTING 10 CIVIL ENGINEER 14 COMMLNITY SERVICE OFFICER 11 SOLID WASTE PLANNER 15 PRODUCTION ASSISTANT 15 1 SR.M.W.-WATER COST. SERVICE 1 ADM. SECRETARY - RECREATION 2 PROGRAM SPECIALIST -SR. CENTER 2 MW II - REFUSE 3 ENERGY COORDINATOR 3 ASST. T.P.O. - WATER 4 SR. M.V. WATER - DISTRIBUTION 4 M.W.III-PARKING SYSTEMS METERS t3 b IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Majdr Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Hone -and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family , of course, can help rates --in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private room and board . Necessary services and supplies . Operating roams, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services care PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 . Unlimited Room and Board HOME HEALTH CARE 90/10 . Services and supplies . Services provided by a -• ---- --- ---- - - Registered Nurse . Services prescribed by a physician 13 $ b -z THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject t0 a $100 contract deductible per calendar year Prescriptions Nursing Services . Anesthetics Private -duty nursing services . Blood plasma . Casts Ambulance . Crutches . Air . Durable medical equipment . Ground . Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. = _ - -- __ _ -• Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual. Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. -If the subscriber's expenditures for hospital, physician, and/or other services do not reach $5009 the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. HDspkw Se SWAM Coed pl�Services 1 or 2 day 90X/10% $100 dedue"' deducMft 90%MO% until $500 per COMM 11061M/n 13,K Summary of Bonefib B-3 DELTA DENTAL COVERAGE Delta Dental Plan of low* coverage not only provides a variety of benefits but also encouragap timely and Meaiva dental maintenance. More then BD% of the dentists in Wwo participate in the Delta Dental program. Delta Dental payment Is based on Usual, Customary and Reasonable allowances, subject to deductible and copsyment provi- sions of the program. Your Delta Dental program includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employees — and saves valuable time and money To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive MaIntownce benefit includes: e Routine checkups at six-month intervals Including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. "121 aw 2M Delta Dental Plan of lona /.37 U91W Dental Plan of Iowa RATE QUOTATION PIAN II Program Benefits Deductible Copayment 810 "Family © Preventive Maintenance (Annual) $ ® Routine Restorative $ 25/75 % 50 % © Major Restorative $ 50 ❑ Dental Prosthetics $ yo ❑ Periodontics S X ❑ Orthodontics S X X ❑ Dependents to age O Full-time students O Adults Program Maximums Single $ 500 per year Family $ —UD per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ _ per month These rates guaranteed for 12 months beginning on 7 if purchased by 7-1-85 festal lat.l 'Rates quoted here are based upon census information provided and acquiring and maintaining a min'mum of W.. enrollmer`t ; of total eligible employees for the duration of the contract. 0`r. Wtlorired R wesFnrive Date This is a general desciiption of coverage. it is not a statement of contract. Actual coverage is subjeh to the terms and conditions specified in the contract itself and enrollment regulations in fora when the contract becomes effective. Delta Dental Flan M�IIt Ya17aA of kma /a? APPENDIX C AFSCME CLASSIFICATION PLAN - JULY 6, 1991 - FY92 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 1 1 M.W.1 - TRANSIT 57.86 $8.81 59.08 59.40 59.70 510.02 1 2 M.W.1 - RECREATION & GVMT BLDGS 5628.80 $704.80 $726.40 $752.00 5776.00 $801.60 1 3 M.W.1 - PARKING SYSTEMS $16,348.80 518,324.80 518,886.40 $19,552.00 $20,176.00 $20,841.60 1 4 PARKING CASHIER 1 5 CLERK/TYPIST - INFO DESK OPERATOR 1 6 CASHIER - TREASURY 1 7 M.W.1 - PUBLIC HOUSING 1 8 M.W.1 - CBD 1 9 KENNEL ASSISTANT 1 10 M.W. I - POLLUTION CONTROL 1 11 MW 1 - PARKS 2 1 M.W.1 - STREETS 58.10 59.08 59.40 59.70 510.02 510.37 2 4 CLERK/TYPIST - LEASED HOUSING $648.00 $726.40 5752.00 5776.00 $801.60 5829.60 2 6 ACCOUNT CLERK - ACCOUNTING 516,848.00 $18,886.40 519,552.00 520,176.00 $20,841.60 521,569.60 2 7 LIBRARY CLERK 3 1 M.W.1 - WATER 58.38 $9.40 59.70 $10.02 510.37 $10.74 3 2 PARKING ENFORCEMENT ATTENDANT $670.40 5752.00 5776.00 5801.60 $829.60 $859.20 3 4 SR. CLERK/TYPIST - SR. CENTER 517,430.40 $19,552.00 520,176.00 $20,841.60 $21,569.60 $22,339.20 3 5 SR. CLERK/TYPIST MINUTETAKER 3 7 CENTRAL SERVICES CLERK 3 8 M.W.II - CEMETERY 3 9 SCALEHOUSE OPERATOR 3 10 M.W. I - TOWING 3 12 WATER SERVICES CLERK 4 1 M.W.1 - REFUSE $8.67 59.70 510.02 $10.37 $10.74 $11.13 4 2 M.W.11 - STREETS $693.60 $776.00 $801.60 5829.60 5859.20 5890.40 4 3 M.W.I1 - RECREATION 518,033.60 520,176.00 $20,841.60 521,569.60 $22,339.20 523,150.40 4 4 M.W.11 - PARKS 4 5 M.W.11 - POLLUTION CONTROL ' 4 6 M.W.II - PARKING SYSTEMS 4 7 M.W.II - TRAFFIC ENGINEERING 4 8 CLERK/TYPIST - POLICE RECORDS 4 9 SR. CLERK/TYPIST-POLL. CONTROL 4 10 POLICE DESK CLERK 4 12 SR. CLERK/TYPIST - RECREATION 4 13 ACCOUNT CLERK - TREASURY 4 14 ACCOUNT CLERK - TRANSIT 4 15 MASS TRANSIT OPERATOR 4 16 SR. LIBRARY CLERK 4 17 M.W.II-PARKING SYSTEMS -TOWING 4 18 CLERK/TYPIST - HIS 4 19 LAB TECHNICIAN - POL. CONTROL 4 20 MW I - LANDFILL/RECYCLING REVISED 5/91 I5 C-2 AFSCME CLASSIFICATION PLAN - JULY 6, 1991 - FY92 TITLE CLASS J0B TITLE STEP 1 2 3 4 5 6 9 ' =� 5 1 M W I1 - SR.CENTER 58.97 $10.00 510.33 510.66 511.05 $11.41' 5 2 M.W.11 - TRAFFIC ENG. SIGNS $717.60 $800.00 5826.40 5852.80 $884.00 $912.80 5 3 M.W.11 - TRANSIT $18,657.60 520,800.00 $21,486.40 522,172.80 522,984.00 $23,732.80 5 4 SR. CLERK/TYPIST - TREASURY 5 5 SR.CLERK/TYPIST-POLICE RECORDS 5 7 M.W. III - PARTS CLERK 5 8 M.W.11 - WATER SERVICE 5 9 M.W.11 - WATER METER REPAIR 5 11 M.Y. 11 - FORESTRY 5 12 M.W. 11 - POL. CONTROL PLANT 5 13 SR. CLERK/TYPIST - STREETS 6 1 LIBRARY ASSISTANT I 59.26 510.37 $10.74 511.13 511.51 $11.93 6 2 ASST. T.P.O. - POLL. CONTROL $740.80 $829.60 $859.20 $890.40 5920.80 $954.40 6 3 ADM. ACCT. CLERK - ACCOUNTING $19,260.80 521,569.60 $22,339.20 $23,150.40 523,940.80 $24,814.40 6 5 POLICE DISPATCHER 6 6 N.W.11I - PARTS/DATA ENTRY CLK 6 7 ANIMAL CONTROL OFFICER 6 8 BUYER 1 6 10 HOUSING MANAGEMENT AIDE 6 12 CUSTOMER SERVICE REPRESENTATIVE 6 13 SR. ACCOUNT CLERK - ACCOUNTING 6 14 COMMUNITY SERVICE OFFICER 6 15 PRODUCTION ASSISTANT 7 1 ADM. SECRETARY - RECREATION 59.60 $10.74 511.13 511.51 411.93 $12.35 7 2 KW II - REFUSE 4768.00 5859.20 5890.40 5920.80 $954.40 $988.00 7 3 ASST. T.P.O. - WATER 419,968.00 $22,339.20 523,150.40 $23,940.80 $24,814.40 $25,688.00 7 4 M.W.111-PARKING SYSTEMS METERS 7 5 CUSTOMER SERVICES COORDINATOR 7 6 M.W.III - CEMETERY 7 7 MW 11 - LANDFILL/RECYCLE 7 8 OFFICE COORDINATOR - ASSISTED HOUSING 7 9 LIBRARY ASSISTANT 11 7 10 MECHANIC I 7 12 PRODUCTION COORDINATOR - BTC 7 13 MW II - REFUSE/LANDFILL 7 14 M.W.111 - TRANSIT 7 15 BODY REPAIR MECHANIC 7 16 INTERACTIVE SPECIALIST 8 1 M.W.111 - TRAFFIC ENGINEERING 49.91 511.13 $11.51 511.93 $12.35 $12.80 8 2 N.W.111 - LANDFILL 4792.80 4890.40 $920.80 5954-40 5988.00 51,024.00 8 5 M.W.III - PARKS 420,612.80 $23,150.40 523,940.80 524,814.40 425,688.00 526,624.00 8 6 BUYER II 8 7 SR. ENGINEERING TECH. -ENGINEERING 8 8 TECHNICAL ASSISTANT - PPD 8 9 MECHANIC 11 REVISED 5/91 157 REVISED 5/91 /3T C-3 AFSCME CLASSIFICATION PLAN - JULY 6, 1991 - FY92 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 ..= ... 9 M.W 111 - POL. CONTROLIDCOLLECTION $10.21 511.41 511.80 512.23 $12.64 $13.10 9 2 M.W.111 - STREETS 5816.80 5912.80 5944.00 4978.40 51,011.20 41,048,00 9 4 SR. M.W. - PARKS MOWING 421,236.80 $23,732.80 524,544.00 525,438.40 526,291.20 527,248.00 9 5 ELECTRICIAN 9 6 T.P.O. - WATER 9 8 SR RADIO DISPATCHER - POLICE 9 9 CONSTRUCTION INSPECTOR I 9 10 MECHANIC III 9 11 M.W. III - LIBRARY 10 1 M.W.III - WATER $10.50 $11.74 412.12 $12.53 412.98 513.43 10 2 SR. M.N. - STREETS 4840.00 5939.20 $969.60 51,002.40 51,038.40 41,074.40 10 3 T.P.O. - POLLUTION CONTROL 421,840.00 $24,419.20 $25,209.60 $26,062.40 426,998.40 427,934.40 10 4 HOUSING SPECIALIST 10 5 HOUSING INSPECTOR 10 6 LIBRARIAN I 10 7 CONSTRUCTION INSPECTOR II 10 8 SR. MECHANIC 10 9 MW III - WATER PLANT 10 10 HOUSING REHAB. ASSISTANT 10 11 SR. M.W. - CBD 11 1 M.W.I11 - POL. CONTROL PLANT $11.19 412.35 $12.80 $13.34 213.79 $14.33 11 2 SR. M.W. - PARKS CONSTRUCTION $895.20 5988.00 41,024.00 51,067.20 51,103.20 41,146.40 11 3 SR. M.N. - RECREATION 523,275.20 525,688.00 $26,624.00 527,747.20 528,683.20 429,806.40 11 4 ELECTRONICS TECH - TRAFFIC ENG 11 5 BUILDING INSPECTOR 11 6 ELECTRONICS TECH - POL. CONTROL 11 7 ACCOUNTANT 11 8 SR. TPO - POL. CONTROL 12 2 CHEMIST $11.72 $12.79 513.23 $13,72 514.21 414,68 4937.60 $1,023.20 $1,058.40 ,1,097,60 $1,136,80 51,174.40 524,377.60 426,603.20 427,518.40 $28,537.60 529,556.80 430,534.40 13 1 SR. TPO - WATER $12.08 413.34 513.79 $14.33 514.87 515.42 13 2 SR. CONSTRUCTION INSPECTOR 5966.40 51,067.20 $1,103.20 51,146,40 51,189.60 51,233.60 13 3 REC. PROGRAM SUPERVISOR 425,126.40 527,747.20 528,683,20 529,806-40 530,929.60 532,073.60 13 4 LIBRARIAN II 13 5 SR. ENGINEERING TECH. - SURVEY 13 6 VOLUNTEER SPECIALIST-SR CENTER 13 7 SR. ACCOUNTANT - ACCOUNTING 13 8 SR. ACCOUNTANT - TREASURY REVISED 5/91 /3T REVISED 5/91 r3'T C-4 AFSCME CLASSIFICATION PLAN - JULY 6, 1991 - FT92 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 "• .•.N 14 1 SRM.N.N.- LANDFILL $12.55 513.79 $14.33 $14.87 515.42 515.91 14 3 SR. N.V. - POLLUTION CONTROL 51,004.00 $1,103.20 $1,146.40 $1,189.60 $1,233.60 51,272.60 14 4 SR. M.Y. - CEMETERY $26,104.00 $28,683.20 $29,806.40 $30,929.60 532,073.60 $33,092.80 14 5 REHABILITATION OFFICER 14 6 ASSOCIATE PLANNER 14 7 HUMAN SERVICES COORDINATOR 14 10 CIVIL ENGINEER 14 11 SOLID WASTE PLANNER 15 1 SR.M.N.-WATER COST. SERVICE $13.10 $14.35 $14.89 515.45 $15.95 $16.50 15 2 PROGRAM SPECIALIST -SR. CENTER 51,048.00 $1,148.00 $1,191.20 $1,236.00 $1,276.00 $1,320.00 15 3 ENERGY COORDINATOR $27,248.00 529,848.00 $30,971.20 532,136.00 $33,176.00 $34,320.00 15 4 SR. M.N. WATER - DISTRIBUTION REVISED 5/91 r3'T AFSCME CLASSIFICATION PLAN - JULY 4, 1992 - FY93 C-5 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 1 1 M.W.I - TRANSIT 58.06 $9.03 $9.31 $9.64 59.94 510.27 1 2 M.W.1 - RECREATION i GVMT BLDGS $644.80 $722.40 $744.80 $771.20 $795.20 5821.60 1 3 M.W.1 - PARKING SYSTEMS $16,764.80 518,782.40 $19,364.80 $20,051.20 520,675.20 $21,361.60 1 4 PARKING CASHIER 1 5 CLERK/TYPIST - INFO DESK OPERATOR 1 6 CASHIER - TREASURY 1 7 M.W.1 - PUBLIC HOUSING 1 8 M.W.1 - CBD 1 9 KENNEL ASSISTANT 1 10 N.N. I - POLLUTION CONTROL 1 11 MW I - PARKS 2 1 M.W.1 - STREETS $8.30 $9.31 59.64 59.94 510.27 $10.63 2 4 CLERK/TYPIST - LEASED HOUSING 5664.00 $744.80 5771.20 $795.20 5821.60 $850.40 2 6 ACCOUNT CLERK - ACCOUNTING $17,264.00 $19,364.80 520,051.20 $20,675.20 $21,361.60 522,110.40 2 7 LIBRARY CLERK 3 1 M.W.1 - WATER 58.59 $9.64 59.94 $10.27 $10.63 511.01 3 2 PARKING ENFORCEMENT ATTENDANT $687.20 $771.20 $795.20 5821.60 5850.40 5880.80 3 4 SR. CLERK/TYPIST - SR. CENTER $17,867.20 $20,051.20 520,675.20 521,361.60 $22,110.40 $22,900.80 3 5 SR. CLERK/TYPIST MINUTETAKER 3 7 CENTRAL SERVICES CLERK 3 8 M.W.11 - CEMETERY 3 9 SCALEHOUSE OPERATOR 3 10 M.Y. 1 - TOWING 3 12 WATER SERVICES CLERK 4 1 M.W.1 - REFUSE 58.89 $9.94 510.27 $10.63 $11.01 $11.41 4 2 M.W.11 - STREETS $711.20 $795.20 5821.60 $850.40 5880.80 5912.80 4 3 M.W.11 - RECREATION 518,491.20 420,675.20 521,361.60 $22,110.40 $22,900.80 $23,732.80 4 4 M.W.11 - PARKS 4 5 M.W.11 - POLLUTION CONTROL 4 6 M.W.11 - PARKING SYSTEMS 4 7 M.W.11 - TRAFFIC ENGINEERING 4 8 CLERK/TYPIST - POLICE RECORDS 4 9 SR. CLERK/TYPIST-POLL. CONTROL 4 10 POLICE DESK CLERK 4 12 SR. CLERK/TYPIST - RECREATION 4 13 ACCOUNT CLERK - TREASURY 4 14 ACCOUNT CLERK - TRANSIT 4 15 MASS TRANSIT OPERATOR 4 16 SR. LIBRARY CLERK 4 17 M.W.11-PARKING SYSTEMS -TOWING 4 18 CLERK/TYPIST - HIS 4 19 LAB TECHNICIAN - POL. CONTROL 4 20 MW I - LANDFILL/RECYCLING REVISED 5/91 /,� T C-6 AFSCME CLASSIFICATION PLAN - JULY 4, 1992 - FY93 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 ........... ........................... ' 5 1 M.W.11 - SR.CENTER $9.19 $10.25 $10.59 $10.93 $11.33 $11.70 5 2 M.W.11 - TRAFFIC ENG. SIGNS $735.20 5820.00 5847.20 $874.40 $906.40 $936.00 5 3 M.Y.11 - TRANSIT $19,115.20 521,320.00 522,027.20 $22,734.40 $23,566.40 524,336.00 5 4 SR. CLERK/TYPIST - TREASURY 5 5 SR.CLERK/TYPIST-POLICE RECORDS 5 7 M.Y. 111 - PARTS CLERK 5 8 M.W.11 - WATER SERVICE 5 9 M.W.I1 - WATER METER REPAIR 5 11 M.Y. II - FORESTRY 5 12 M.Y. 11 - POL. CONTROL PLANT 5 13 SR. CLERK/TYPIST - STREETS 6 1 LIBRARY ASSISTANT 1 $9.49 510.63 $11.01 511.41 $11.80 $12.23 6 2 ASST. T.P.O. - POLL. CONTROL $759.20 5850.40 5880.80 $912.80 5944.00 $978.40 6 3 ADM. ACCT. CLERK - ACCOUNTING $19,739.20 $22,110.40 $22,900.80 523,732.80 $24,544.00 $25,438.40 6 5 POLICE DISPATCHER 6 6 M.W.111 - PARTS/DATA ENTRY CLK 6 7 ANIMAL CONTROL OFFICER 6 8 BUYER 1 6 10 HOUSING MANAGEMENT AIDE 6 12 CUSTOMER SERVICE REPRESENTATIVE 6 13 SR. ACCOUNT CLERK - ACCOUNTING 6 14 COMMUNITY SERVICE OFFICER 6 15 PRODUCTION ASSISTANT 7 1 ADM. SECRETARY - RECREATION $9.84 $11.01 511.41 $11.80 $12.23 $12.66 7 2 MW 11 - REFUSE 5787.20 5880.80 $912.80 5944.00 5978.40 $1,012.80 7 3 ASST. T.P.O. - WATER $20,467.20 $22,900.80 523,732.80 524,544.00 525,438.40 $26,332.80 7 4 M.W.I11-PARKING SYSTEMS METERS 7 5 CUSTOMER SERVICES COORDINATOR 7 6 M.W.111 - CEMETERY 7 7 MW 11 - LANDFILL/RECYCLE 7 8 OFFICE COORDINATOR - ASSISTED HOUSING 7 9 LIBRARY ASSISTANT II 7 10 MECHANIC 1 7 12 PRODUCTION COORDINATOR - BTC 7 13 MW 11 - REFUSE/LANDFILL 7 14 M.W.111 - TRANSIT 7 15 BODY REPAIR MECHANIC 7 16 INTERACTIVE SPECIALIST 8 1 M.W.I11 - TRAFFIC ENGINEERING 510.16 $11.41 $11.80 $12.23 $12.66 $13.12 8 2 M.W.111 - LANDFILL 5812.80 $912.80 S9". DO 5978.40 $1,012.80 $1,049.60 8 5 M.W.111 - PARKS 521,132.80 523,732.80 $24,544.00 525,438.40 $26,332.80 427,289.60 8 6 BUYER II 8 7 SR. ENGINEERING TECH. -ENGINEERING 8 8 TECHNICAL ASSISTANT - PPD 8 9 MECHANIC 11 REVISED 5/91 !.31K AFSCME CLASSIFICATION PLAN - JULY 4, 1992 - FY93 TITLE CLASS J0B TITLE STEP ..... ...... .... ............. ._._____..... 9 1 M.W.111 - POL. CONTROL COLLECTION 9 2 M.W.111 - STREETS 9 4 SR. M.Y. - PARKS MOWING 9 5 ELECTRICIAN 9 6 T.P.O. - WATER 9 8 SR RADIO DISPATCHER - POLICE 9 9 CONSTRUCTION INSPECTOR I 9 10 MECHANIC III 9 11 M.W. III - LIBRARY 10 1 M.W.III - WATER 10 2 SR. M.Y. - STREETS 10 3 T.P.O. - POLLUTION CONTROL 10 4 HOUSING SPECIALIST 10 5 HOUSING INSPECTOR 10 6 LIBRARIAN I 10 7 CONSTRUCTION INSPECTOR 11 10 8 SR. MECHANIC 10 9 MW III - WATER PLANT 10 10 HOUSING REHAB. ASSISTANT 10 11 SR. M.W. - CBD 11 1 M.W.III - POL. CONTROL PLANT 11 2 SR. M.W. - PARKS CONSTRUCTION 11 3 SR. M.W. - RECREATION 11 4 ELECTRONICS TECH - TRAFFIC ENG 11 5 BUILDING INSPECTOR 11 6 ELECTRONICS TECH - POL. CONTROL 11 7 ACCOUNTANT 11 8 SR. TPO - POL. CONTROL 12 2 CHEMIST. 13 1 SR. TPO - WATER 13 2 SR. CONSTRUCTION INSPECTOR 13 3 REC. PROGRAM SUPERVISOR 13 4 LIBRARIAN 11 13 5 SR. ENGINEERING TECH. - SURVEY 13 6 VOLUNTEER SPECIALIST -SR CENTER 13 7 SR. ACCOUNTANT - ACCOUNTING 13 8 SR. ACCOUNTANT - TREASURY REVISED 5/91 C-7 1 2 3 4 5 6 $10.47 511.70 $12.10 $12.54 $12.96 513.43 5837.60 2936.00 $968.00 51,003.20 $1,036.80 51,074.40 $21,777.60 224,336.00 $25,168.00 526,083.20 526,956.80 $27,934.40 $10.76 $12.03 $12.42 $12.84 $13.30 513.77 5860.80 5962.40 5993.60 51,027.20 51,064.00 51,101.60 $22,380.80 525,022.40 $25,833.60 526,707.20 527,664.00 528,641.60 511.47 512.66 513.12 $13.67 $14.13 $14.69 4917.60 51,012.80 $1,049.60 51,093.60 $1,130.40 51,175.20 $23,857.60 $26,332.80 $27,289.60 $28,433.60 529,390.40 $30,555.20 512.01 $13.11 513.56 514.06 514.57 515.05 5960.80 $1,048.80 $1,084.80 $1,124.80 $1,165.60 S1,2D4.00 $24,980.80 $27,268.80 528,204.80 $29,244.80 $30,305.60 $31,304.00 $12.38 513.67 $14.13 $14.69 515.24 $15.81 $990.40 51,093.60 $1,130.40 51,175.20 $1,219.20 $1,264.80 525,750.40 528,433.60 529,390.40 $30,555.20 531,699.20 532,884.80 /28 C-8 AFSCME CLASSIFICATION PLAN - JULY 4, 1992 - FY93 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 14 1 SR. M.W. - LANDFILL 512.86 $14.13 $14.69 $15.24 $15.81 $16.31 14 3 SR. M.W. - POLLUTION CONTROL 51,028.80 $1,130.40 51,175.20 $1,219.20 $1,264.80 41,304.80 14 4 SR. M.W. - CEMETERY $26,748.80 $29,390.40 530,555.20 $31,699.20 $32,884.80 533,924.80 14 5 REHABILITATION OFFICER 14 6 ASSOCIATE PLANNER 14 7 HUMAN SERVICES COORDINATOR 14 10 CIVIL ENGINEER 14 11 SOLID WASTE PLANNER 15 1 SR.M.W.-WATER CUST. SERVICE 513.43 $14.71 $15.26 $15.84 $16.35 $16.91 15 2 PROGRAM SPECIALIST -SR. CENTER $1,074.40 $1,176.80 $1,220.80 $1,267.20 $1,308.00 51,352.80 15 3 ENERGY COORDINATOR $27,934.40 $30,596.80 $31,740.80 $32,947.20 $34,008.00 $35,172.80 15 4 SR. M.W. WATER - DISTRIBUTION REVISED 5/91 /37 AFSCHE CLASSIFICATION PLAN - JANUARY 2, 1993 - FY93 C-9 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 xa......... .....:........................ 1 1 M.W.1 - TRANSIT $8.26 19.26 $9.54 $9.88 $10.19 $10.53 1 2 M.W.I - RECREATION 8 GVMT BLDGS $660.80 $740.80 5763.20 $790.40 $815.20 $842.40 1 3 M.W.I - PARKING SYSTEMS $17,180.80 $19,260.80 $19,843.20 $20,550.40 $21,195.20 $21,902.40 1 4 PARKING CASHIER 1 5 CLERK/TYPIST - INFO DESK OPERATOR 1 6 CASHIER - TREASURY ' 1 7 M.W.1 - PUBLIC HOUSING 1 8 M.W.I - CBD 1 9 KENNEL ASSISTANT 1 10 M.V. 1 - POLLUTION CONTROL 1 11 MW I - PARKS 2 1 M.V.1 - STREETS $8.51 $9.54 59.88 510.19 510.53 $10.90 2 4 CLERK/TYPIST - LEASED HOUSING $680.80 $763.20 $790.40 5815.20 $842.40 $872.00 2 6 ACCOUNT CLERK - ACCOUNTING $17,700.80 $19,843.20 $20,550.40 $21,195.20 $21,902.40 $22,672.00 2 7 LIBRARY CLERK 3 1 N.W.I - OUTER $8.80 $9.88 $10.19 $10.53 $10.90 $11.29 3 2 PARKING ENFORCEMENT ATTENDANT $704.00 5790.40 $815.20 $842.40 $872.00 $903.20 3 4 SR. CLERK/TYPIST - SR. CENTER 518,304.00 $20,550.40 $21,195.20 $21,902.40 $22,672.00 523,483.20 3 5 SR. CLERK/TYPIST XINUTETAKER 3 7 CENTRAL SERVICES CLERK ' 3 '8 M.W.11 - CEMETERY ' 3 9 SCALEHCUSE OPERATOR 3 10 X.Y. I - TOWING 3 12 WATER SERVICES CLERK 4 1 M.W.1 - REFUSE 59.11 $10.19 $10.53 $10.90 511:29 $11.70 4 2 M.W.11 - STREETS $728.80 $815.20 $842.40 5872.00 $903.20 $936.00 4 3 M.W.11 - RECREATION $18,948.80 $21,195.20 $21,902.40 $22,672.00 523,483.20 $24,336.00 4 4 M.W.11 - PARKS 4 5 M.W.II - POLLUTION CONTROL 4 6 M.W.11 - PARKING SYSTEMS 4 7 X.W.11 - TRAFFIC ENGINEERING 4 8 CLERK/TYPIST - POLICE RECORDS 4 9 SR. CLERK/TYPIST-POLL. CONTROL 4 10 POLICE DESK CLERK 4 12 SR. CLERK/TYPIST - RECREATION 4 13 ACCOUNT CLERK - TREASURY 4 14 ACCOUNT CLERK - TRANSIT 4 15 MASS TRANSIT OPERATOR 4 16 SR. LIBRARY CLERK 4 17 M.W.11-PARKING SYSTEMS -TOWING 4 18 CLERK/TYPIST - HIS 4 19 LAB TECHNICIAN - POL. CONTROL 4 20 MW I - LANDFILL/RECYCLING REVISED 5/91 AFSCME CLASSIFICATION PLAN - JANUARY 2, 1993 - FY93 TITLE CLASS JOB TITLE aaaaa aaaav iaavaaaaaaaaaaaavaaaaaaaaaaa STEP 1 5 1 M.W.11 - SR.CENTER 5 2 M.W.11 - TRAFFIC ENG. SIGNS , 5 3 M.W.11 - TRANSIT 5 4 SR. CLERK/TYPIST - TREASURY 5 5 SR.CLERK/TYPIST-POLICE RECORDS 5 7 M.W. III - PARTS CLERK 5 8 M.W.11 - WATER SERVICE 5 9 M.W.II - WATER METER REPAIR 5 11 M.W. II - FORESTRY 5 12 M.W. II - POL. CONTROL PLANT 5 13 SR. CLERK/TYPIST - STREETS 6 1 LIBRARY ASSISTANT I 6 2 ASST. T.P.O. - POLL. CONTROL 6 3 ADM. ACCT. CLERK - ACCOUNTING 6 5 POLICE DISPATCHER 6 6 M.W.111 - PARTS/DATA ENTRY'CLK 6 7 ANIMAL CONTROL OFFICER 6 8 BUYER I 6 10 HOUSING MANAGEMENT AIDE 6 12 CUSTOMER SERVICE REPRESENTATIVE 6 13 SR. ACCOUNT CLERK - ACCOUNTING 6 14 COMMUNITY SERVICE OFFICER 6 15 PRODUCTION ASSISTANT 7 1 ADM. SECRETARY - RECREATION 7 2 MW II - REFUSE 7 3 ASST. T.P.O. - WATER 7 4 M.W.I11-PARKING SYSTEMS METERS 7 5 CUSTOMER SERVICES COORDINATOR 7 6 M.W.III - CEMETERY 7 7 MW 11 - LANDFILL/RECYCLE 7 8 OFFICE COORDINATOR - ASSISTED HOUSING 7 9 LIBRARY ASSISTANT 11 7 10 MECHANIC 1 7 12 PRODUCTION COORDINATOR - BTC 7 13 MW 11 - REFUSE/LIIIDFILL 7 14 M.W.111 - TRANSIT 7 15 BODY REPAIR MECHANIC 7 16 INTERACTIVE SPECIALIST 8 1 M.W.111 - TRAFFIC ENGINEERING 8 2 M.W.111 - LANDFILL 8 5 M.W.II1 - PARKS 8 6 BUYER II 8 7 SR. ENGINEERING TECH. -ENGINEERING 8 8 TECHNICAL ASSISTANT - PPD 8 9 MECHANIC II REVISED 5/91 C-10 2 3 4 5 6 $9.42 510.51 510.85 511.20 811.61 511.99 $753.60 5840.80 5868.00 $896.00 $928.80 $959.20 $19,593.60 $21,860.80 $22,568.00 $23,296.00 $24,148.80 524,939.20 $9.73 $10.90 $11.29 $11.70 $12.10 $12.54 $778.40 5872.00 5903.20 5936.00 5968.00 51,003.20 $20,238.40 522,672.00 $23,483.20 $24,336.00 $25,168.00 $26,083.20 $10.09 $11.29 511.70 $12.10 $12.54 $12.98 $807.20 $903.20 5936.00 $968.00 $1,003.20 $1,038.40 $20,987.20 $23,483.20 $24,336.00 $25,168.00 $26,083.20 $26,998.40 510.41 511.70 $12.10 $12.54 $12.98 $13.45 $832.80 $936.00 S968.DO 51,003.20 $1,038.40 $1,076.00 $21,652.80 $24,336.00 $25,168.00 $26,003.20 $26,998.40 527,976.00 133 AFSCME CLASSIFICATION PLAN - JANUARY 2, 1993 - FY93 TITLE CLASS JOB TITLE STEP 9 s' M.W.111 sPOL. CONTROL 1COLLECTION 9 2 M.W.111 - STREETS 9 4 SR. M.N. - PARKS MOWING 9 5 ELECTRICIAN 9 6 T.P.O. - WATER 9 8 SR RADIO DISPATCHER - POLICE 9 9 CONSTRUCTION INSPECTOR I 9 10 MECHANIC III 9 11 M.Y. III - LIBRARY 10 1 M.W.111 - WATER 10 2 SR. M.Y. - STREETS 10 3 T.P.O. - POLLUTION CONTROL 10 4 HOUSING SPECIALIST 10 5 HOUSING INSPECTOR 10 6 LIBRARIAN I 10 7 CONSTRUCTION INSPECTOR II 10 8 SR. MECHANIC 10 9 MW III - NATER PLANT 10 10 HOUSING REHAB. ASSISTANT 10 11 SR. M.Y. - CBD 11 1 M.W.111 - POL. CONTROL PUNT 11 2 SR. M.Y. - PARKS CONSTRUCTION 11 3 SR. M.W. - RECREATION 11 4 ELECTRONICS TECH - TRAFFIC ENG 11 5 BUILDING INSPECTOR 11 6 ELECTRONICS TECH - POL. CONTROL 11 7 ACCOUNTANT 11 8 SR. TPO - POL. CONTROL 12 2 CHEMIST 13 1 SR. TPO - WATER 13 2 SR. CONSTRUCTION INSPECTOR 13 3 REC. PROGRAM SUPERVISOR 13 4 LIBRARIAN 11 13 5 SR. ENGINEERING TECH. - SURVEY 13 6 VOLUNTEER SPECIALIST -SR CENTER 13 7 SR. ACCOUNTANT - ACCOUNTING 13 8 SR. ACCOUNTANT - TREASURY REVISED 5/91 C-11 1 2 3 4 5 6 $10.73 $11.99 $12.40 (12.85 $13.28 $13.77 $858.40 $959.20 $992.00 $1,028.00 $1,062.40 $1,101.60 522,318.40 $24,939.20 $25,792.00 $26,728.00 $27,622.40 $28,641.60 511.03 $12.33 512.73 $13.16 '513.63 514.11 $882.40 .$986.40 $1,018.40 51,052.80 $1,090.40 .51,128.80 $22,942.40 525,646.40 526,478.40 $27,372.80 528,350.40 $29,348.80 $11.76 $12.98 $13.45 514.01 514.48 515.06 $940.80 $1,038.40 $1,076.00 $1,120.80 $1,158.40 51,204.80 524,460.80 $26,998.40 $27,976.00 $29,140.80 530,118.40 531,324.80 $12.31 $13.44 $13.90 $14.41 $14.93 $15.43 5984.80 51;075.20 $1,112.00 $1,152.80 $1,194.40 $1,234.40 525,604.80 $27,955.20 $28,912.00 529,972.80 $31,054.40 $32,094.40 $12.69 $14.01 $14.48 $15.06 $15.62 $16.21 $1,015.20 $1,120.80 $1,158.40 $1,204.80 $1,249.60 S1,296.BO $26,395.20 $29,140.80 $30,118.40 $31,324.80 $32,489.60 $33,716.80 1,3 AFSCME CLASSIFICATION PLAN - JANUARY 2, 1993 - FY93 TITLE CLASS JOB TITLE STEP 1 2 3 4 5 6 xxo xsasaa avaavaaaxaxav—axxvxaxxaxxxxav ' 14 1 SR. N.Y. - LANDFILL 513.18 $14.48 $15.06 $15.62 $16.21 $16.72 14 3 SR. M.Y. - POLLUTION CONTROL 51,054.40 $1,158.40 $1,204.80 $1,249.60 51,296.80 $1,337.60 14 4 SR. M.W. - CEMETERY 527,414.40 $30,118.40 531,324.80 $32,489.60 533,716.80 534,777.60 14 5 REHABILITATION OFFICER 14 6 ASSOCIATE PLANNER 14 7 HUMAN SERVICES COORDINATOR 14 10 CIVIL ENGINEER ' 14 11 SOLID WASTE PLANNER 15 1 SR.M.Y.-VATER COST. SERVICE $13.77' $15.08 $15.64 516.24 $16.76 $17.33 15 2 PROGRAM SPECIALIST -SR. CENTER 51,101.60 $1,206.40 51,251.20 $1,299.20 $1,340.80 $1,386.40 15 3 ENERGY COORDINATOR 528,641.60 $31,366.40 $32,531.20 533,779.20 534,860.80 $36,046.40 15 4 SR. M.W. WATER - DISTRIBUTION REVISED 5/91 /57 APPENDIX D Reclassification Procedures Section 1. Purpose The Job Evaluation Committee will be responsible for maintaining fair and equitable classification of all AFSCME positions, for classifying new AFSCME positions and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Hayes/Hill evaluation instrument used in the 1982 study and shall have responsibility for modification or interpretation of the evaluation instrument. Section 3. Committee Membership and Structure The Job Evaluation Committee shall be comprised of eight members, four to be selected by the City, including the Personnel Administrator, and four to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. Section 4. Meetings The Committee will meet as necessary to hear all position reclassification appeals by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Personnel Administrator). 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. The Personnel Administrator may vote in place of any absent Management Committee members. The Union officers may vote for any absent Union member. 4. The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating Hiles and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. I3 K D-2 Section 6. Classification Appeals 1. Employees will be informed of the procedures for appealing the classification of a position. 2. An employee may only appeal the classification of his/her own position. Appeals may also be made by a group of employees all holding the same job title. 3. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. 6. The appealing employee will be compensated for time spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7. Classification appeals may be initiated by the Personnel Administrator. Employees in the position being appealed will be given ten working days notice of the appeal and will be entitled to all rights as outlined in this section. 8. Committee deliberations will be conducted in closed session. Section 7. New Positions 1. Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee six months following the position being filled. Section 8. Salary Adiustments 1. No new salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of affected employees will not be reduced_ 3. Employees in positions found to be under -classified will receive a salary adjustment equal to: a) the minimum of the new salary range, if below the minimum, or b) a one-step increase (step to be defined as the percentage difference between letter steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adiustments 1. Salary information will not be considered in the classification of a position. 139 D-3 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. 3. In the event that salary maximum of a position is shown to be under -paid by at lest 15 percent (15%) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Job Evaluation Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15%). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the Union. (Example: Electrician, Grade 8, Range $1,000- $1,300, 15 percent off the market moved to Range 8A, $1,15041,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. Funding 1. Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures I. The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/ arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Job Evaluation Committee, with the exception of the Personnel Administrator and two Union officers, will be permitted access to point information. Section 13. City Council Approval 1. All decisions of the committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration 1. The parties understand that this procedure is a continuation of an experimental program and is itself experimental. This procedure shall be used to determine reclassifications during FY88-89 and then shall become null and void. This procedure will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of April 6, 1987 (.�'7 APPENDIX E CONTRACT SIDE LETTER ON LIBRARY SCHEDULING After staffing needs for public service areas have been determined by each department, permanent schedules for these areas will be bid on three times annually to be effective January 1 to May 30, June 1 to August 31, and September i to December 31. Seniority will be used for the purpose of allowing employees to choose those weekends, those nights and those 9-6 shifts that they do not wish to work. Each schedule period the senior employee in each participating department will indicate those nights, weekends, and 9-6 shifts they do not wish to work. The second senior person will choose next, etc. Each employee will work a similar number of weekends, evenings and 9-6 shifts during the schedule period. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection process. In the event that the Library staffing needs can be met without the necessity of scheduling all employees for a regular night or 9-6 shift, the senior employee who has not rejected night or 9-6 shift work for a previous schedule period shall have first choice in turning down night or 9-6 shift work for the next schedule period. When all employees have been offered the first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the approval of the department head. In the event an employee desires weekend, evening or 9-6 shift work that employee will be given preference for that work provided it meets the needs of the department. There shall be no regular split shifts except by the agreement of the employee involved. RE: November 27, 1978 /3.g E-2 AMENDMENTS TO CONTRACT SIDE LEITER ON LIBRARY SCHEDULING Library employees may request to work 6 partial days; for example, one-half day on Saturday and one-half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one department electing the,option to make it viable. For permanent full-time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. Library employees working scheduled overtime on Sunday will have the option at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be changed through mutual agreement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on both sides that no reasonable request will be unreasonably denied. RE: July 23, 1982 /,39' APPENDIX F LETTER OF UNDERSTANDING It is understood between the parties that the purpose of this letter is to define what constitutes abuse of sick leave and to describe the mechanism which is used to advise employees that they may be abusing sick leave and may be subject to disciplinary action. Any disciplinary action is subject to the contractual grievance procedure. This letter will be appended to the FY90-91 agreement between the parties and shall remain in full force and effect during the contract period. The Human Relations Department will maintain records of the number of occurrences of use of sick leave for each employee. An occurrence can have a duration of one or more consecutive days, and may involve use of sick leave for an employee or for a family member (as specified in the FY90-91 Agreement between the parties). An occurrence occurs for an absence resulting in use of sick leave, or upon the exhaustion of sick leave, use of paid or unpaid leave in lieu of sick leave where a doctor's verification is absent. The following are specific exclusions as occurrences: 1. Any occurrence which includes hospitalization or outpatient surgery. 2. Absence due to on-the-job injury. 3. Any medically verified medical or dental absence. 4. Absence resulting from the employee being sent home sick by the City or receiving permission to work a partial workday as part of their recuperative process. 5. Use of sick leave to supplement funeral leave. Chronic illnesses which adversely affect the employee's ability to perform regular duties will be dealt with on an individual basis and wM be treated as an exception from determination of excessive use of sick leave, provided medical verification of the chronic nature of the illness is submitted. The employee may be asked to submit documentation to substantiate doctor/dentist appointments, hospitalization, surgery or chronic illnesses. Doctor's or a dentist's verification is intended only as a vehicle by which the City may scrutinize those cases where sick leave abuse may be suspected. To keep employees apprised of the number of active occurrences they have accrued, a letter will be sent following the fifth occurrence notifying the employee that he/she has five occurrences. The following schedule will be used in determining abuse of sick leave and the appropriate corrective action. Number of Occurrences Required Action Oral reprimand. Written reprimand. F-2 Written reprimand. One day suspension 10 Three day suspension 11 Ten day suspension Occurrences over 11 in a base period may result in more severe disciplinary action The following cleansing features will apply to determine the number of active sick leave occurrences an employee has on record. 1. Occurrences older than 365 days are made inactive. 2. Following each 60 day occurrence free period, the oldest active recorded occurrence will be made inactive. 3. Each 60 day occurrence free period may be used only once to inactivate a recorded occurrence. 60 day free periods may not be stored up and used to inactivate future occurrences. 4. The date of the occurrence will always be the last day of the pay period in which the occurrence began. Pay period date is used due to computer data entry limitations. Actual dates of occurrences can be obtained from time records. RE: April 22, 1985 t, D APPENDIX 6 MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County & Municipal Employees AFL-CIO, Local 183 Re: Article XVIII Clothing and Equipment, Section 1 Having met and conferred regarding bargaining unit personnel in the Police Department who are required to wear uniforms; specifically, Animal Control Officers, Community Services Officers, and Police Dispatchers/Police Desk Clerks, the parties have agreed to waive the provisions of Article XVIII, Section 1 in lieu of the following: A. The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following: Community Services Officer a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. C. One winter and one summer regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Three regulation ties. g. Regulation hat/cap. h. Two pairs of regulation winter gloves. 2. Animal Control Officers a. Six winter and six summer permanent press regulation shirts. b. Six pairs of regulation trousers. C. One regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Two pairs of regulation winter gloves. 3. Police Dispatchers, Police Desk Clerks a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. C. One regulation pants belt. d. Three regulation ties. B. Upon submission of receipts by an employee, the City shall pay for cleaning of uniforms or for the purchase of regulation shoes related to employment up to a total annual allowance of one hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. This provision shall be applied retroactively to July 26, 1990, provided that receipts dated prior to March 15, 1991, shall be submitted no later than April 15, 1991. /3 g APPENDIX 6-2 2 C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Replacement: 1. Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. 2. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they continue to be required uniform wear as determined by the Chief of Police. FOR CITY: Dale E. Helling, sistAnt City M ror FOR AFSCME LOCAL 183: Local 183 ,7/// q� Date 3 9/ Date D afe unilorm.mou 13 $ RESOLUTION NO. 91-139 RESOLUTION AUTHORIZING APPLICATION FOR GRANT MONIES FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS, TO ASSIST IN CONSTRUCTION OF BUILDING EXPANSION. WHEREAS, the Iowa Community Economic Betterment Account (CEBA) program provides loans to cities to promote economic development and create long-term employment opportunities; and WHEREAS, it is in the public interest to use State funding to encourage economic development in Iowa City, Iowa; and WHEREAS, the City of Iowa City desires to apply for and obtain a CEBA loan from the Iowa Department of Economic Development in the amount of $250,000 as a forgivable loan, in order to assist in expansion of the facility of Procter and Gamble located in Iowa City, Iowa, as provided by Chapter 99E of the Code of Iowa (1991). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The application for financial assistance, with City of Iowa City as applicant and business as Procter and Gamble Manufacturing Company - Iowa City plant, copies of which are attached hereto, is in the public interest to encourage economic develop- . ment. 2. The Mayor and City Clerk are hereby authorized to make formal application for financial assistance to the Iowa Department of Economic 'Development, specifically for Community Economic Betterment Account funds, as indicated in the application attached hereto and made a part hereof. 3. The City Manager is hereby authorized to undertake any additional actions required by the State Department of Economic Development and the CEBA program, in order to secure said funding. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: x _7 X X X X NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick !-37 Resolution No. 91-139 Page 2 Passed and approved this 11th day of .lune 1991.- YOR Appr ed by ATTEST: c.� CIT CLERK C• y Attorney's Office 7 �// 137 APPLICATION FOR FINANCIAL ASSISTANCE I. APPLICANT: City of Iowa City tty ounty/ ommunity o ege — ADDRESS: 410 E. Washington St. ZIP CODE: 52240 CONTACT PERSON: Steve Atkins PHONcc NO: (319)356-5_0_10 SIGNATURE OF MAYOR/BOARD CHAIRPERSON/COLLEGE PRESIDENT: ' 2. BUSINESS NAME: Procter 6 Gamble Manufacturing Co. - Iowa City Plant ADDRESS: 2200 Lower _Muscatine _Rd, Iowa City ZIP CODE: 52240 _ CONTACT PERSON: 'LThertsa Barnhart or )Rich Colgan PHONE NO:^ �(319)J56-936] 1J319)356-924;. RELEASE OF INFORMATION AND CERTIFICATION NOTE: Please read carefully before signing 1 hereby give permission to the Department of Economic Development (DED) to research the company's history, make credit checks, contact the company's financial institution, and perform other related activities necessary for reasonable evaluation of this proposal. 1 understand that all information submitted to DED relating to this application is subject to the Open Records Law 0989 Iowa Code, Chapter 22) and that confidentiality may not be guaranteed. 1 hereby certify that all representations, warranties or statements made or furnished to the Department in connection with this application are true and correct in all material respects. 1 understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from a state agency or political subdivision. S ATURE OF COMPANY OFFICER: ClMI� NOTE: DED WILL NOT PROVIDE ASSISTANCE IN SITUATIONS WHERE IT IS DETERMINED THAT ANY REPRESENTATION , WARRANTY OR STATEMENT MADE IN CONNECTION WITH THIS APPLICATION IS INCORRECT, FALSE, MISLEADING OR ERRONEOUS IN ANY MATERIAL RESPECT. IF ASSISTANCE HAS ALREADY BEEN PROVIDED BY OED PRIOR TO DISCOVERY OF THE INCORRECT, FALSE OR MISLEADING REPRESENTATION, DED MAY INITIATE LEGAL ACTION TO RECOVER STATE FUNDS. 1,3 DESCRIPTION AND HISTORY OF BUSINESS: (If complete description is attached, please summarize here.) Procter & Gamble is a consumer products manufacturer and marketer with operations in 46 countries and worldwide employment of over 89,000. The Iowa City plant is one of 5 P&G Health and Beauty aid manufacturing sites in the U.S. The plant exclusively produces Pert, Head & Shoulders, Prell, Scope, and Gleem for the United States, and shares production of Crest with Greensboro, N.C. The Iowa City plant has been open for 35 years and currently employees over 700 people. Exhibits I and II provide further information on both Procter & Gamble and the Iowa City plant. 4. DESCRIBE IN DETAIL THE PROPOSED "PROJECT' BEING UNDERTAKEN: plant expansion, remodeling, new product line, refinancing, description is attached, please summarize here.) (e.g. company relocation, etc.) (If complete Procter & Gamble is reviewing an overall plan to consolidate U.S. hair care production at the'Iowa City plant. P&G hair care production is currently shared between Iowa City and two plants in Greensboro, N.C. The first phase of this project would include a four bay building expansion with one new making and packing system installed. Future projects would include moving Greensboro -produced hair care brands to Iowa City in the new building. /a5 .... /... ...-... v.� u......1. W. 1 .�•/.I...L\Y IY1lU 11Y\V L' PAGU 7 5. WILL THE PROJECT INVOLVE A TRANSFER OF OPERATIONS OR JOBS FROM ANY OTHER IOWA FACILITY OR REPLACE OPERATIONS OR JOBS CURRENTLY BEING PROVIDED BY ANOTHER IOWA COMPANY? IF YES, PLEASE INDICATE THE FACILITY(S) AND/OR COMPANY(S) AFFECTED. N/4 6. WHAT PERCENTAGE OF THE COMPANY'S SALES WILL BE OUTSIDE THE STATE OF IOWA? The Iowa City plant supports national distribution of Procter & Gamble's Health and Beauty aid products,. so most plant production will be sold outside of Iowa. 7. WHAT PERCENTAGE OF THE COMPANY'S TOTAL OPERATING EXPENDITURES (INCLUDING WAGES AND SALARIES) 'WILL BE SPENT WITHIN THE STATE OF IOWA? Over 758 of Iowa City plant operating expenditures will be spent within the State of Iowa 8. WHAT DATE WILL THE PROJECT BEGIN? As soon as possible subject to final corporate approval. BE COMPLETED? (NOTE: Funds are not normally available until approximately two months after DFD's actual approval.) 9. HASIANY PART OF THE PROJECT BEEN STARTED? VYES _NO If yes, please describe: Feasibility studies, soil tests, and engineering design work have been conducted in order to justify the project. 10. HOW MANY EMPLOYEES ARE CURRENTLY EMPLOYED BY THE COMPANY? (Total employment including all locations, subsidiaries, divisions, etc., worldwide) 705 at the Iowa City plant IF THIS COMPANY HAS MORE THAN ONE FACILITY, HOW MANY FULL-TIME EMPLOYEES ARE THERE AT THE FACILITY AFFECTED BY THIS PROPOSAL? Only one manufacturing facility in Iowa, HOW MANY TOTAL INDIVIDUALS HAVE BEEN EMPLOYED BY THE COMPANY AT THIS FACILITY DURING THE PAST YEAR? 685 as of January, 1991 increasing to 705 as of May, 1991 11. IF AWARDED FUNDS, HOW MANY NEW, FULL-TIME EMPLOYEES WILL YOU ADD TO THE PAYROLL WITHIN 12, 24, AND 60 MONTHS OF THE AWARD DATE? The business acknowledges if it fails ro creato the jobs pledged below by the end of the project period (usually 24 mon:iu from the date of the Cf BA award), it will reimburse CfBA funds for the employment shortfall. rhe preparer of this application should ensure that the business is aware of ;ni; provision before asking the business to sign the application form. FULL-TIME: / 12 MONTHS 6 0 24 MONTHS IO U 60 MONTHS /V/r cumulative cumulative (it app icab PART-TIME: 12 MONTHS 1V /-1 24 MONTHS /Y v9 60 MONTHSi�f'7 _ cumulative cumulative (if appTica e) 12. 'WHAT IS THE ESTIMATED ANNUAL PAYROLL FOR THE NEW EMPLOYEES RESULTING FROM THIS PROJECT? 1st YEAR -'�, 35 2nd YEAR $ ��-:?, e)60 3rd YEAR cumulative cumulative (if ap�" 13. WHAT IS THE AVERAGE WAGE RATE (NOT INCLUDING FRINGE BENEFITS) PROJECTED TO BE FOR THE NEW EMPLOYEES? /C-,'75- lNK 14. WILL ANY OF THE CURRENT EMPLOYEES LOSE THEIR JOBS IF THE PROJECT DOES NOT PROCEED? ✓ YES NO ?i t r:,V req L - L y 15. IF YES, HOW MANY? & /-/qn) y 45 SSD EXPLAIN WHY: Iowa City is competing with other Health and Beauty aid manufacturing sites for consolidation of hair care production. If Iowa City is not chosen for expansion. at this time, future plans might include consolidation in Greensboro or elsewhere. Hair care consolidation at another site could potentially eliminate the need for our approximately 250 person organization at Iowa City. 16. WHAT IOWA COMPANIES DO YOU EXPECT TO SELL TO WHICH CURRENTLY BUY FROM NON -IOWA COMPANIES? WHAT PERCENTAGE OF YOUR SALES WILL FALL INTO THIS CATEGORY? /39 17. WHAT OTHER IOWA COMPANIES COULD BE CONSIDERED TO BE YOUR COMPETITORS? Based on Iowa City -produced brands, there are no competing manufacturers in the State of Iowa. 18. HON WILL THIS PROJECT BENEFIT THE CITY/COUNTY, ETC.? The Iowa City plant expansion will create new jobs and provide technical and mechanical training for new and existing employees. The project will also Increase the tax base and payroll income into the Iowa City economy. 19. IN WHAT FORM IS THE BUSINESS CONTRIBUTION TO THE PROJECT? PLEASE EXPLAIN CLEARLY. Corporate appropriation financed by Procter & Gamble headquarters. 20. IDENTIFY ALL AGENCIES OR INSTITUTIONS INVOLVED IN THE PROJECT, AND WHAT THEIR INVOLVEMENT IS: Iowa City Area Development Group Iowa Illinois Gas & Electric City of Iowa City Tax Assessors Kirkwood Community College 13? SUMMARY OF PROJECT COSTS AND PROPOSED FINANCING SOURCES 21. rr/A D5 BA5EA 010 ESTjkATEA ASSESSFp Vg1�UE r -- USE OF FUNDS SOURCES — (Summdr,:a All 'i..wr,•. •, .m Oucslion._^) r— ACTIVITY COST SOURCE A SOURCE B SGuncF C S.^.wICF n �n mrr r. cnl ,Ar—CC 1. LAND ACQUISITION :. 2. SITE PREPARATION 13. B::ILDING ACQUISITION a. r3UILDING CONSTRUCTION I. f 50r 00 15'0 000 Io00 Lb0 1 BUILDING REMODELING ,E—MACHINERY & } `_QUIPMENT 3,OSD,000• 0-96. OOo I '. FURNITURE S FIXTURES _ 19. WORKING I CAPITAL (delail:) 9. OTHER: 10. OTHER: TOTAL: OL Dn #qSO DOO SD 000 22. TERMS OF PROPOSED FINANCING CODE: SOURCE (include all sources in Question 21) AMOUNT TYPE (1) RATE TERM Sourer. A: STATE ASSISTANCE (CEBA) O O Source B: C,O 0G P OU Sourca C: N A Cn„u•.a n• 1 arca E: urea F: TOTAL: I*y Soco (1) For axample: Forgivable Loan, Direct Loan. Grant, Equity, etc. Co. 23. EXPLAIN WHY ASSISTANCE IS NEEDED FROM THE STATE, AND WHY IT CANNOT BE OBTAINED ELSEWHERE. SPECIFIC SUPPORTING DOCUMENTATION EVIDENCED BY CASH FLOW STATEMENTS, INCOME STATEMENTS, ETC., IS REQUESTED. The proposed expansion is very expensive for Procter & Gamble and it is important that Iowa City operations put together the best financial outlook for the project versus the option of expanding elsewhere; therefore State assistance is required. 24. EXPLAIN REQUEST FOR SPECIFIC TYPE OF ASSISTANCE (FORGIVABLE LOAN VS. LOAN, ETC.), IF MARKET RATE LOAN IS NOT SUFFICIENT, WHY NOT? Iowa City plant is requesting a forgivable loan. As referenced in question 23, it is important that the Iowa City expansion puts together the best financial package for the consolidation of hair care to take place in Iowa. 25. WHAT TYPE OF SECURITY AND IN WHAT AMOUNT WILL THE ASSISTED BUSINESS PROVIDE THE STATE? 1F NO SECURITY IS OFFERED, AN EXPLANATION MUST BE PROVIDED. MORTGAGE LEIN ON PERSONAL GUARANTEE j OTHER f. Docure AnwonzAno.+ S -?S a, 000 WHAT SENIORITY OR POSITION? WHAT SENIORITY OR POSITION? NONE (If none, please explain) The Iowa City plant will request contingency funds from Corporate headquarters to cover any potential liability to the State of Iowa arising from not fulfilling contract obligations. Evidence of this contingency fund will be sent to the State pursuant to corporate agreement for the Iowa City expansion appropriation. 26. GENERALLY A DECISION BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT ON THIS APPLICATION CAN BE EXPECTED WITHIN 30 DAYS OF RECEIPT OF THE APPLICATION. IS THERE AN URGENT NEED FOR A MORE IMMEDIATE -DECISION (I.E. 1 - 2 WEEKS) ON THIS APPLICATION? YES NO IF SO, WHY? we are requesting that this application be reviewed prior to fiscal year end. /37 27. IS THE COMPANY WILLING TO GIVE HIRING PREFERENCE TO IOWA RESIDENTS OR RESIDENTS OF THEIR ECONOMIC DEVELOPMENT AREA? _.YC5 . 28. IS THE COMPANY 'WILLING TO GGIVE HIRING PREFERENCE 70 FORMER EMPLOYEES OF ANY - BUSINESS MERGED OR ACQUIRED BY THE COMPANY WITHIN THE LAST THREE YEARS? E 5 29. HAS THE BUSINESS BEEN CITED OR CONVICTED FOR VIOLATIONS OF ANY FEDERAL OR STATE LAWS OR REGULATIONS WITHIN THE LAST FIVE YEARS (INCLUDING ENVIRONMENTAL OR SAFETY REGULATIONS)? IF YES, PLEASI: EXPLAIN THE CIRCU11STANCEs OF THE VIOLATION(S). 30. WILL YOUR BUSINESS BE UTILIZING, OR BE LOCATED ON PROPERTY ON WHICH IS LOCATED, UNDERGROUND TANKS (WHETHER OR NOT IN CURRENT USE) FOR THE STORAGE OF PETROLEUM PRODUCTS, AGRICULTURAL OR OTHER CHEMICALS, WASTE OIL OR OTHER LIQUID WASTE, OR ANY/ OTHER INFLAMMABLE, CORROSIVE, REACTIVE OR EXPLOSIVE LIQUID OR GAS? V YES NO IF YES, PLEASE SPECIFY. The plant has a total of 7 underground tanks which contain fuel for building heating, and raw materials used in our production processes. 31. WILL YOU BE STORING ABOVE -GROUND ON OR ABOUT YOUR BUSINESS PREMISES, IN TANKS OR OTHERWISE, FOR -ANY LENGTH OF TIME OR FOR ANY PURPOSE, ANY LIQUID OR GAS INCLUDED IN QUESTION 30 ABOVE, OR ANY INFLAMMABLE, CORROSIVE, REACTIVE OR EXPLOSIVE SOLID, EXCLUDING ORDINARY REFUSE? VYES NO IF YES, PLEASE SPECIFY. Chloro-sulfonic acid, Caustic soda, and Ammonium Hydroxide used in production; Propane used for fork-lift tractors. 137 r.ua: u 32. HILL YOU BE YOU TREATING, TRANSPORTIN R DISPOSING OF ANY LIQUID, GAS OR SOLID INCLUDED IN QUESTIONS 30 OR _ OV , EITHER ON OR ABOUT YOUR BUSINESS PREMISES OR AT A LANDFILL OR OTHER TREATMENT FACILITY, OR UPON ANY PUBLIC STREET OR HIGHWAY, OR ON ANY WATERWAY OR BODY OF WATER, 02 IN ANY AIRCRAFT? /YES NO IF YES, PLEASE SPECIFY•THE SUBSTANCE AND WHAT YOU STILL BE DOING 'WITH IT. The items listed in question 31 are transported to the plant to be used in the production process. 33. IF THE BUSINESS GENERATES SOLID OR HAZARDOUS WASTE, IT IS REQUIRED TO SUBMIT AN AUDIT AND MANAGEMENT PLAN TO REDUCE THE AMOUNT OF THE WASTE AND TO SAFELY DISPOSE OF THE WASTE. FOR THE PURPOSES OF MEETING THIS REQUIREMENT, THE BUSINESS IN LIEU OF PROVIDING IN-HOUSE AUDITS, MAY SUBMIT AUDITS COMPLETED BY EITHER THE WASTE MANAGEMENT AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES OR THE IOWA WASTE REDUCTION CENTER AT THE UNIVERSITY OF NORTHERN IOWA. IF AN AUDIT AND MANAGEMENT PLAN IS NOT SUBMITTED, THE DEPARTMENT SHALL NOT PROVIDE ASSISTANCE UNTIL IT 1S SUBMITTED. See Attachment III / 34. WILL ANY PART OF THE PROJECT TAKE PLACE IN A 100 YEAR FLOOD PLAIN? YES \/ NO 35. DOES THE COK,MUNITY HAVE A COMMUNITY BUILDER PROGRAM IN PLACE? YES NO 36. REQUIRED ATTACHMENTS. CHECK OFF EACH ONE SUBMITTED. IF NOT SUBMITTED, EXPLAIN WHY. � VV LIST OF POSITIONS AND HOURLY RATES FOR EACH CURRENT JOB CLASSIFICATION AND FOR THOSE JOBS TO BE CREATED (e.g. 5 welders, 3 assemblers, 1 office worker) BUSINESS PLAN (IF NEW BUSINESS) Nor A NEE✓ BdSi.�[SS �T PROFIT AND LOSS STATEMENTS (3 YEAR HISTORICAL AND 2 YEAR PROJECTIONS) Q BALANCE SHEETS (3 YEAR HISTORICAL AND 2 YEAR PROJECTIONS INCLUDING AGED ACCOUNTS RECEIVABLE SCHEDULE, AGED ACCOUNTS PAYABLE SCHEDULE AND A SCHEDULE OF OTHER DEBT) 4I LETTERS OF COMMITMENT OF FUNDS, (FROM BANKS, APPLICANT, ETC.) = DESCRIPTION OF STANDARD FRINGE BENEFITS PROVIDED TO EMPLOYEES 137 CNIA Al'I'LlCmON FOR DUSINLSS FINAN0ALA1Lti15T.%NCU WAS A COPY OF THIS APPLICATION SENT TO REGIONAL COORDINATING COUNCIL? (SEE APPENDICES B AND C) DATE SENT: �- -IQ COPIES OF THE COMPANY'S QUARTERLY IOWA 'EMPLOYER'S CONTRIBUTION AND PAYROLL REPORT" FOR THE PAST YEAR AND A COPY OF THE MOST RECENT MONTHLY PAYROLL REGISTER. MAP INDICATING THE LOCATION OF THE PROJECT. FOR PROJECTS THAT INCLUDE CONSTRUCTION AND MACHINERY OR EQUIPMENT PURCHASES, ATTACH COST ESTIMATES. L CERTIFICATE OF GOOD STANDING FROM THE IOWA SECRETARY OF STATE OR AN AUTHORIZATION TO CONDUCT BUSINESS IN IOWA. _ CERTIFICATE OF INCUMBENCY LISTING.THE CURRENT BOARD OF DIRECTORS AND CURRENT OFFICERS IF A CORPORATION OR A LISTING OF THE GENERAL PARTNERS IF A PARTNERSHIP. CORPORATE RESOLUTION AUTHORIZING THE APPLICATION FOR CEBA FUNDS. CORPORATE SIGNATORY AUTHORIZATION NAMING AN OFFICER TO EXECUTE THE CERA APPLICATION AND CEBA LOAN DOCUMENTS, IF APPROVED. FEDERAL IDENTIFICATION NUMBER. 31- OLI I 1 `J'l OTHER 37. EXPLANATION/OTHER COMMENTS: (3 7 May 30, 1991 Enclosed please find the Procter & Gamble Iowa City plant application for CEBF funds from the State of Iowa. The following items are being sent from Cincinnati and will be forwarded to you upon arrival: Official application signed by Malcom Jozoff - Group Vice President Certificate of Incumbency Corporate Resolution Corporate Signatory Authority The information listed below is in process at the Iowa City plant and will be forwarded to you upon completion: Waste Audit and Management plan addressed in Question 33 Payroll listing technicians and managers Certificate of Good Standing from Iowa Secretary of State Please contact me with any questions or additional information needs concerning our CEBA application. Thank you, Theresa Barnhart Hair Care Financial Manager Iowa City plant 135 Y� t Nti. �yy'[ l f rf 7 I, qui a li!. 6. 1 ! rt A Y_ I u I Iu'71 }� yylFlf$4l fk' rti , vF tli7h17;�' id I �,1 v ! 1 . I! , /r r ' w;p►Ip Nipeadquarlers; Procter & Gamble Plaza;;: V ' Ci4chad, Qhio' all,gddress `; Box 599, + illy)rinati, Ohio 45z01`J '. u f i Aai l' s THE PROCTER & GAMBLE COMPANY Net Sales ................. $24,081 $21,398 $19,336 $17,000 $15,439 Net Earnings ............... $ 1,602 $ 1,206 $ 1,020 $ 327' $ 709 Net Earnings per Common Share $ 4.49 $ 3.56 $ 2.98 $ .94' $ 2.10 'Includes a charge of $459 million associated with the provision for restructuring. Shareholders: 129,451 as of December 31, 1990 Common Shares: 1,000,000,000 shares authorized. 346,781,570 outstanding as of December 31, 1990 Stock Splits Since 1960: 1961, 1970, 1983, 1989 Present Dividend Rate: $2.00 annually (effective November, 1990) (Dividend payments uninterrupted since incorporation in 1890; 35 consecutive fiscal years of increased dividends per share.) Capital Spending........... $1,300 $1,029 $1,018 $ 963 $1,069 Common Dividends India - L. P 'Saudi Arabia - L. P. F Belgium (Brussels) - L. P, F Indonesia - P Singapore - P Brazil - P to Shareholders ........... $ 592 $ 504 $ 466 $ 455 $ 440 Research and Development... $ 693 $ 628 $ 615 $ 549 $ 479 Income Taxes .............. $ 819 $ 733 $ 610 $ 290 $ 466 Total Tax Expense' ......... $1,261 $1,120 $ 978 $ 618 $ 755 'Includes the income taxes shown separately, as well as property, franchise, social security, and other Netherlands - L. P. F taxes paid to federal, state and local governments worldwide. New Zealand - P France - L, P, F Peru - L, P Greece - L, P Philippines - L. P, F Cincinnati: 13,900 United States: 47,400 Other Countries: 41,400 Total Worldwide: 88,80D P&G has operations in 47 countries (excluding the U.S.). Consumer product categories in distribution in these countries are indicated by this code: L = Laundry 8 Cleaning Products (detergents, hard surface cleaners and fabric conditioners); P - Personal Care Products (personal cleansing products, deodorants, hair care products. skin care products, oral care products, paper tissue products, diapers, digestive health products, cough and cold remedies and other pharmaceuticals); F = Food and Beverage Products (shortening and oil, snacks, prepared baking mixes, peanut butler, coffee and citrus products). Divisional headquarters locations arc in parentheses. Argentina - P Guatemala - L, P Portugal - L. P Australia - L, P Hong Kong (Kowloon) - P. F Puerto Rico - L, P, F Austria - L, P India - L. P 'Saudi Arabia - L. P. F Belgium (Brussels) - L. P, F Indonesia - P Singapore - P Brazil - P Ireland - L. P Spain - L, P Canada (Toronto) - L, P. F Italy - L. P. F Sweden - L. P Chile - P Jamaica - P Switzerland (Geneva) - L. P China - P Japan (Osaka) - L, P Taiwan - L. P Colombia - L, P Kenya - P Thailand - P Costa Rica - P Korea - P Turkey Dominican Republic - P Lebanon - L United Kingdom !Egham) - L, P Egypt - L. P Malaysia - P, F Venezuela (Caracas) - L. P EI Salvador - P Mexico - L- P Federal Republic of Germany Morocco - L. P (Schwalbach) - L. P. F Netherlands - L. P. F 'Joint ventures. Finland - L. P New Zealand - P France - L, P, F Peru - L, P Greece - L, P Philippines - L. P, F l 13? THE PROCTER & GAMBLE COMPANY 'Edwin L. Anzt 'John E. Pepper 'Gerald V. Dirvin 'B. Jurgen Hintz 'Durk I. Jager Wolfgang C. Berndt 'Gordon F. Brunner Robert E. Cannon Larry G. Dare Stephen P. Donovan, Jr. Harald Einsmann Robert J. Herbold Malcolm Jozoff Gary T. Martin Powell McHenry Lawrence D. Milligan Richard R. Nicolosi 'David S. Swanson Wahib N. Zaki Michael J. Allen J. Richard Andre Alessandro Baldini Benjamin L. Bethell Robert T. Blanchard Gary E. Booth Charles D. Broaddus Richard S. Burnell Bruce L. Byrnes Donald W. Campbell Edwin H. Eaton, Jr. Slona J. Fitch Todd A. Garrett George M. Gibson Richard M. Glover E. Douglas Grindstaff John L. Hallerman Warren R. Haug Fuad O. Kuraylim L. Ross Love Raymond D. Mains Claude P. Mancel Claude L. Meyer Jorge P. Montoya Thomas A. Moore Peter Morris Erik G. Nelson Ronald G. Pearce Geoffrey Place Samuel H. Pruett John A. Saxton Herbert Schmitz Frank P. Smith Michael A. Thompson Mark Upson III Robert L. Wehling Frederick E. Wells R. Marvin Womack Ashley L. Ford Chairman of the Board and Chief Executive President Executive Vice President Executive Vice President Executive Vice President Group Vice President Senior Vice President Senior Vice President Group Vice President Group Vice President Group Vice President Senior Vice President Group Vice President Senior Vice President Senior Vice President and General Counsel Senior Vice President Group Vice President Senior Vice President (retiring 4/30/91) Group Vice President Vice President - Paper Products and Beverages, Europe Vice President - Research and Development Vice President - Southern Europe Vice President - Product Supply, Manufacturing, Engineering and Purchases, Europe Vice President - Worldwide Strategic Planning, Health and Beauty Care Vice President - Research and Development Vice President - Research Vice President - Finance, Europe Vice President - Northern Europe Vice President - Foodservice and Lodging Products Division Vice President and Comptroller Vice President - Product Supply, Manufacturing Vice President - Beauty Care Division Vice President and Treasurer Vice President - Product Supply, Engineering Vice President - Canada Vice President - Sales, Europe Vice President - Research and Development Vice President - Middle East, Africa and General Export Vice President - Advertising Vice President and Comptroller - International Vice President - Research and Development Vice President - Central Europe Vice President - Latin America Vice President - Health Care Division Vice President - Research and Development Vice President - Financial Operations Vice President - Japan Vice President - Research and Development Vice President - Personnel Vice President - Noxell Division Vice President - Eastern Europe Vice President - Chemicals Division Vice President - Northern Europe, Health and Beauty Care Vice President - Food and Beverages Vice President - Public Affairs Vice President - Tax Vice President - National Government Relations Secretary 'Also a Director of the Company. G THE PROCTER & GAMBLE COMPANY LAUNDRY AND CLEANING PRODUCTS All Fabric Bleach: Biz (1967) Cleaners and Cleansers: Comet (1956) Comet Liquid (1975) Lesloil (liquid cleaner, 1936; rug shampoo, 1978; no -wax floor cleaner, 1989) Mr. Clean (all-purpose cleaner, 1958; soft cleanser, 1985) Spic and Span (1926) Spic and Span Pine Liquid (1983) Top Job (1963) Detergents/Soaps: Bold (1965) Cheer (1950) Dash (1954) Dreft(1933) Era (1972) Gain (1966) Ivory Snow (1930) Liquid Bold -3 (1985) Liquid Cheer (1986) Liquid Dreft (1989) Liquid Ivory Snow (1989) Liquid Lemon Dash (1987) Liquid Tide (1984) Oxydol(1914) Solo (1979) Tide (1946) Dishwashing Detergents: Cascade(1955) Dawn (1972) Ivory Liquid (1957) Joy(1949) Liquid Cascade (1986) Fabric Softeners: Bounce (sheets, 1972) Downy (liquid, 1960; sheets, 1987) PERSONAL CARE PRODUCTS Tide With Bleach (1988) Acne Care Products: Clearasil (original cream and soap, early 1950s; stick, 1961; medicated astringent, 1961; maximum strength, 1979; adult care, 1984; double textured pads, 1988; Clearslick, 1991) Noxzema Antiseptic Skin Cleanser (1978) Noxzema Anti -Acne (Deep Cleansing Mask, 1990; Anti -Acne Pads, Regular and Maximum, 1990; Anti -Acne Lotion, 1990; Anti -Acne Spot Treatment, 1990; Anti -Acne Gel, 1990). Analgesics: Icy Hot topical rub (balm, 1912: cream, 1980; stick, 1985) Percogesic (1963) Bar Soaps: Cosmetics: Camay (1926) Clarion (1986) Coast (1974) Cover Girl (Face, 1961; Lips, 1964; Eyes, 1971; Nails, 1977; Ivory (1879) Make-up Masters. 1990) Kirk's (1885) Lava(1893) Safeguard (1963) Zest If 952) .37 THE PROCTER & GAMBLE COMPANY Denture Products: Paper Towel: Benzodent (analgesic, 1949) Bounty (1965) Complete (toothpaste, 1978) Old Spice (1938) Fasleeth (adhesive powder, 1928; Prescription Drugs & Physician -Selected Products: Extra Hold, 1985) Buprenex (relief of moderate-to-severe pain, 1985) Fixodent (adhesive cream, 1936; Comhist (relief of allergy symptoms, 1981) Fresh, 1990) Dantrium (control o1 skeletal muscle spasm, 1974) and Kleenite (cleanser powder, 1934) Dantrium IV (anesthesia -related emergencies, 1979) Liquid Ivory Soap (1982) Lava Liquid (1983) Didronel (treatment of bone disorders, 1978) Deodorants!Anti-Perspirants: Entex (relief of common respiratory problems, 1981) Old Spice (1990) Macrodantin (urinary anti-infective, 1968) Secret (1956) Pendex (oral rinse, 1986) Sure (1972) Vivonex (1971) and Tolerex (1988) (hospital nutritional products) Diapers: Shampoos: Luvs (1976) Head & Shoulders (1961) Pampers If 961) Ivory (1983) Oral Antiseptic/Anesthetic: Pen Plus (Shampoo & Conditioner) (1979) Feminine Protection Products: Pratt (1946) Always If 983) Banner (bathroom, 1982) Skin Care Products: Gastrointestinal Products: Bain de Soleil (tanning products; sun protection cremes; Metamucil (laxative, 1934) moisturizers, 1939) Pepto-Bismol (stomach remedy, 1901) Clarion Skin Care Line (1989) Noxzema (skin cream, 1917; shaving cream, 1953, astringent, Hair Care Product Lines: Regular, 1978; Sensitive Skin, Extra Strength, 1987; DilRinse Pantene (1945) water rinseable cold cream, 1989) Vidal Sassoon (1974) Oil of Olay (fluid, 1962; Night of Olay, 1978; beauty bar, 1983; beauty cleanser, 1984; beauty cream, 1985; sensitive skin Hair Conditioners: fluid, 1989; intensive moisture complex, 1989; foaming face Ivory wash, 1990; water-rinsable cold cream, 1990; refreshing toner, Pante e(19 Pantene (1) Prell (1985) 1990) RainTree (skin lotion, 1976) Wondra (hand & body lotion, 1977) Incontinent Products: Toiletries &Fragrances: Attends Briers (t 1 Attends Insert Padd It 985) Navy by Cover Girl (1990) Attends Pad 8 Pant (1991) Old Spice (1938) Attends Undergarments (1985) Anends Underpad(1988) Toothpastes: Attends Washcloth (1987) Crest (1955) Denquel(1980) Liquid Soap: Gleam (1952) Liquid Ivory Soap (1982) Lava Liquid (1983) Vicks Cough and Colds Medicines: VapoRub, 1905; Throat Drops. 1931; Vatronol nose drops, Motion Sickness Product: 1931; Inhaler, 1939, Medi-Trating throat lozenges, 1954; Dramamme (1949) Sinex, 1959: Formula 44 cough mixtures, 1959; Children's cough syrup, 1959: VapoSteam, 1959; Cough Silencers, Mouthwash: 1965; Formula 44 cough discs, 1965: NyOwl, 1968 (Cherry, Scope (1965) 1986; Children's, 1988); Victors cough drops, 1970; Oracm, 1973; DayCare, 1976; Vitamin C drops. 1986; Pediatric Oral Antiseptic/Anesthetic: Formula 44. 1989 Chloraseptic (1957) Paper Tissue Products: Banner (bathroom, 1982) Charmin (bathroom, 1928) Puffs (facial. 1960) While Cloud (bathroom, 1958) 13 � THE PROCTER & GAMBLE COMPANY FOOD AND BEVERAGE PRODUCTS Citrus Hill Fresh Choice (orange juice, 1982) Citrus Hill Fresh Recipe Lemonades (1990) Citrus Hill Plus Calcium (orange juicelgrapefruit, 1986) Citrus Hill Lite (orangelgrapefruit juice beverages, 1987) Crisco (shortening, 1911; Butter Flavor, 1981) Crisco Oil (salad and cooking oil, 1960) Crisco Corn Oil (salad and cooking oil, 1985) Duncan Hines Prepared Mixes (layer cakes, 1956; muffins, 1956; brownies, 1956; cookies, 1978) Duncan Hines Ready -To -Serve Cookies (1983) Duncan Hires Frosting (1981) Fisher Nut (snack nuts, acquired 1989) Folgers (vacuum packed, 1850; decaffeinated, 1984; Special Roast Flaked, 1986; Gourmet Supreme, 1989) Hawaiian Punch (fruit punch, 1944) Instant Folgers (coffee crystals, 1963; decafteinated, 1984) Instant High Point (decaffeinated coffee, 1975) Jif (peanut butter, 1956) Lincoln (apple juice and other juice beverages, acquired 1989) Pringles (potato chips, 1968; corn chips, 1989) Puritan Oil (salad and cooking oil, 1976) Speas Farm (apple juice, acquired 1989) Sunny Delight Florida Citrus Punch (citrus and fruit punches, 1964) Tender Leal (bagged tea, acquired 1982) Texsun (pink grapefruit juice and juice beverages, 1935) Winter Hill (fruit juices, acquired 1989) FOODSERVICE & LODGING PRODUCT GROUPS Coffee (Butter -Nut; Folgers; Maryland Club) Shortenings and Oils (e.g., Frymax, 1956; Whirl, 1982; Professional Crisco, 1990) Coin -Vended Laundry Products All -Purpose Cleaning Products Institutional Bar Soaps Personal Care Amenity Products OTHER PRODUCT GROUPS Amines Glycerine Cellulose Pulp Laboratory Products Fatty Acids Methyl Esters Fatty Alcohols P&G has 63 plant locations in 25 states. The kinds of products manufactured in these locations are indi- cated by this code: L = Laundry & Cleaning Products (detergents, hard surface cleaners and fabric condition. ers); P = Personal Care Products (personal cleansing products, deodorants, hair care products, skin care products, oral care products, paper tissue products, diapers, digestive health products, cough and cold reme- dies and other pharmaceuticals); F = Food and Beverage Products (shortening and oil. snacks, prepared baking mixes, peanut butter, coffee and citrus products); O = Other. including Pulp, Chemicals and Labora- tory Products. Subsidiary names are included next to the cities in which they operate. Year of start-up or acquisition is in parentheses. Albany, Georgia - P (1972) Alexandria, Louisiana - L (1969) Anaheim. California (Sundor Group Inc.) - F (1989) Atlanta, Georgia - F (1990) Augusta, Georgia - L (1963) /37 THE PROCTER & GAMBLE COMPANY Baltimore, Maryland - L, 0 It 930) Barnesville, Georgia - 0 (1982) Bartow, Florida (The Citrus Hill Manufacturing Company) - F It 981) Cape Girardeau, Missouri - P (1957) Chicopee, Massachusetts (Sundor Group Inc.) - F (1989) Cincinnati, Ohio and vicinity: Ivorydale - L, P. F. 0 (1886) St. Bernard - L (1928) Corsicana, Texas (Jetco Chemicals, Inc.) - 0 (1984) Dallas, Texas - L, P, 0 (1921) Edenton, North Carolina - F (1989) Findlay, Ohio (Sundor Group Inc.) - F (l 989) Foley, Florida - 0 (1954) Ft. Worth, Texas - O (1942) Fremont, Michigan (Sundor Group Inc.) - F (1989) Frostproof, Florida (The Citrus Hill Manufacturing Company) - F (1981) Green Bay, Wisconsin (1957): East River - P Fox River - P Greensboro, North Carolina - P (1982) Greensboro, North Carolina (Richardson -Vicks) - P (1985) Greenville, North Carolina - P (1975) Greenville, South Carolina - P (1982) Hatboro, Pennsylvania (Richardson -Vicks) - P (1985) Hayward, California (Richardson -Vicks) - 0 (1985) Highland, New York (Sundor Group Inc.) - F (1989) Houston, Texas (Maryland Club Foods) - F (1989) Hunt Valley. Maryland (2 plants) (Noxell Corporation) - P (1989) Iowa City. Iowa - P (1956) Jackson, Tennessee - F (1971) Jackson. Tennessee (J. T. Baker Inc.) - 0 (1985) Kansas City, Kansas - L. P, O (1904) Kansas City, Missouri (The Folger Coffee Company) - F (l 963) Levalland. Texas - 0 (1979) Lexington, Kentucky - F (1955) Lima, Ohio - L (1968) Mehoopany, Pennsylvania - P (1966) Memphis, Tennessee - 0 (1921) Memphis, Tennessee - P (1990) Modesto. California - P (1971) MI Dora, Florida (Sundor Group Inc.) - F (1989) New Orleans, Louisiana (The Folger Coffee Company) - F (1963) Norwich, New York (Norvrich Eaton Pharmaceuticals, Inc.) (1982): North Norwich - P Norwich - P Oglethorpe (Flint River), Georgia - 0 (1980) Oxnard, California - P, F (1973) Phillipsburg, New Jersey J. T. Baker Inc.) - O (1965) Phoenix, Arizona - P (1965) Plymouth, Indiana (The Citrus Hill Manufacturing Company) - F (1981) Portsmouth. Virginia - F (193 1) Quincy, Massachusetts - L. P, 0 (1940) Sacramento, California - L. 0 (l 953) S Louis, Missouri - L. 0 (1927) St. Paul. Minnesota - F (l 989) Sherman, Texas (The Folger Coffee Company) - F (1979) South Brunswick. New Jersey - F (1990) South San Francisco, California (The Foiger Coffee Company) - F (1963) Staten Island (Pon Ivory), New York - L. P. F. 0 (1907 ) Weslaco. Texas (Sundor Group Inc.) - F (1989) THE PROCTER & GAMBLE COMPANY Akashi, Japan: Engineering Brussels, Belgium: European Technical Center - applied research, product development and engineering Caracas, Venezuela: Product development and engineering Cincinnati, Ohio: Miami Valley Laboratories - applied research Ivorydale Technical Center - applied research, product development and engineering Sharon Woods Technical Center - applied research, product development and engineering Winton Hill Technical Center - applied research, product development and engineering Egham, England: Applied research and product development Hamilton, Ontario, Canada: Engineering Hunt Valley, Maryland: Applied research, product development and engineering Longlumeau, France: Pharmaceuticals - applied research and product development Mainz, Germany: Applied research and product development Memphis, Tennessee: Cellulose and Specialties - applied research, product development and engineering Mexico City, Mexico: Product development and engineering Newcastle, England: Applied research and product development Norwich, New York: Pharmaceuticals - applied research, product development and engineering Osaka, Japan: Applied research and product development Phillipsburg, New Jersey: Applied research, product development and engineering Schwalbach, Germany: Product development and engineering Shelton, Connecticut: Applied research, product development and engineering Toronto, Ontario, Canada: Product development Others: Many of the Company's other subsidiaries outside Ine U.S. also have product development laboratories and engineering facilities. STATEMENT OF PURPOSE We will provide products of superior quality and value that best fill the needs of the world's consumers. We will achieve that purpose through an organization and a working environment which at- tracts the finest people; fully develops and challenges our individual talents; encourages our free and spirited collaboration to drive the business ahead; and maintains the Company's historic principles of integrity, and doing the right thing. Through the successful pursuit of our commitment, we expect our brands to achieve leader- ship share and profit positions and that, as a result, our business, our people, our sharehold- ers, and the communities in which we live and work, will prosper. P,.nma m a S A.—WST-9104 43605 C panna an mryciw payor Public Affairs office fyttuanmen+ T The Procter G Gamble Manufacturing Company 2200 Lower Muscatine Road Iowa City, Iowa 52240 PLANT MANAGER For Information Call Mr. J. W. Lane Mr. Rich Colgan 319/356-9242 (Home: 319/354-4670) PLANT INFORMATION Procter G Gamble's Iowa City Plant began operation in 1956 and was the second plant PGG built for producing health G beauty care products. It is located on 85 acres along Lower Muscatine Road, together with the manufacturing facilities of other companies. Since 1956, warehouse facilities have been increased by more than 400,000 square feet, now making the plant total over 13 acres of floor apace under roof. In addition to production, packaging, and warehouse areae, the facility includes administrative offices, an analytical laboratory, a quality assurance laborator' a cafeteria, a medical department, several meeting rooms and employee recreational faciltiea. EMPLOYEE INFORMATION The plant employs 680 men and women. Wages and salaries compare favorably with those paid by other companies for similar kinds of work. Employees also participate in profit sharing and stock purchase plane. PGG'e profit sharing plan was started in 1887 and is the oldest such plan in the United Staten. Employees are also covered by an education plan, group life insurance, disability benefits, supplemental accident compensation as well as dental, major medical, hospital and surgical plane. ECONOMIC INFORMATION Procter G Gamble pays over $88 million into the State of Iowa economy annually. This includes: over $70 million in purchases from suppliers for goods and services (e.g. raw materials, contractor services, packaging and office supplies) for use at this and other PSG locations, the Iowa City Plant payroll of about $17.5 million, and contributions by the plant and its employees of over $80 thousand to local charitable, educational and civic organizations. PRODUCT INFORMATION The products made here are: dentifrices (Creat and Gleam), shampoos and conditioner■ (Prell, Head G Shoulders, and Pert Plus), and an oral rinse (Scope). All but Crest are distributed nationwide from Iowa City, with Crest products made here being shipped to the Chicago area and to areas west of the Mississippi River. The plant also serves as a distribution point for other PGG health and beauty care products made in other plants. PLANT TOURS Guided tours, lasting about an hour, are conducted for adults and for student groups (seventh grade level and up). Included in the tours are the administrative areae, the cafeteria -recreation area, and packaging departments. For reservations, contact the plant (8:00 a.m. to 3:30 p.m.) at 356-9200. PMCO24 12/10/90 13 Attachment III Audit and Management Plan for Waste Disposal The Iowa City plant maintains a solid record with respect to the management of solid waste, and has never been cited for environmental or safety violations. 908 of the solid waste generated as part of production processes is currently recycled, and we continue to work on projects to reduce and eliminate waste. An in-house audit of our waste management controls is scheduled for the first week of June, and we will forward a copy of our results to the State upon completion. 135 Ott-cwhmeniz 1Y ICK% CITY WAGE SURVEY. Effective 1/7/91 The Iowa City plant pay system detailed above is a four level, seven step skill -based matrix. Employees move through steps and levels by acquiring the various skills outlined in their position. All new technicians will started Level 1, Step 1, and move through the pay system based on demonstrated skill acquisition. 137 Step 1 Step 2 Step 3- Step 4 Step 5 Steo 6 Steo 7 Tech I $430.80 $443.70 $456.60 $469.60 $482.50 $499.70 5517.00 Tech II $482.50 $497.00 $511.50 $525.90 $540.40 $559.70 $579.00 Tech III $540.40 $556.60 $572.80 $589.00 5605.20 $626.90 $648.50 Tech IV 5605.20 $623.40 $641.50 $659.70 $677.80 $702.00 $726.20 The Iowa City plant pay system detailed above is a four level, seven step skill -based matrix. Employees move through steps and levels by acquiring the various skills outlined in their position. All new technicians will started Level 1, Step 1, and move through the pay system based on demonstrated skill acquisition. 137 Attachpent V Profit and Loss statements and Balance sheets are provided in the 1987, 89, and 90 Procter & Gamble Annual Reports. The Annual Report for 1988 could not be provided as it is temporarily out of stock. Procter & Gamble has a solid financial background with projections of furthef growth in the future, as evidenced by our strong position in the financial markets. Historical information on Iowa City plant operating expenses is also provided as pari of Attachment V. OPERATING WAGES EMPLOYEE BENEFITS REPAIR & EXPENSES UTILITIES GENERAL PLANT COSTS DEPRECIATION LESS DUPLICATE COSTS PLANT PRODUCTION (IN THOUSANDS OF STATISTICAL CASES) PROCTER & GAMBLE IOWA CITY PLANT OPERATION COSTS FY 87/88 -PRESENT EXHIBIT IN $M 87/88 88/89 89/90 90/91 FYTD $12,174 $14,282 $16,542 $16,120 $5,913 $6,553 $7,727 $7,204 $4,919 $6,173 $8,698 $8,739 $2,163 $2,407 $2,741 $2,361 $8,083 $8,929 $11,082 $10,651 $4,137 $4,374 $5,276 $4,813 ($8,440) ($9,548) ($10,289) ($9,323) $28,949 $33,170 $41,777 $40,565 27,523 36,439 38,752 35,461 lay Attachment VI Commitment of Funds The Iowa City plant expansion project is currently under review by Procter & Gamble corporate headquarters. P&G will authorize a corporate appropriation to fund the expansion should the project be approved. A copy of this formal commitment of funds by P&G will be forwarded to the State if the project is undertaken by P&G. I GGI I Y I I U I Kd J v in CITY EMPLOYEE KM IWO BEFITS 3/IS/90 PUBIS DJGIRILIIY COSI KEY POINTS — MOSPIIAL-SMICRL A" Join at dale of hire, Employee pays total pr anion lit 6 Blue Cross - lays far seu-private room for up (Blue Cross C at 6 months, or to Sept. months. Company pays total proum to 165 days. Blue Shield) annually. after that. Blue Shield - pays for usual, customary, and Single 16S.S3/mo. reasonable surgtnl costs, diagnostic xray and family 1165.53/mo. lab fee, outpatient. Pre -admission review required -1 -800 -SSB -1109 PRUOCNTIRL 6 months continuous Company pays premium. 61SO deductible per person per year, 1300/family MR10R MCOICRL employment. Single 16.61/month (12SO,Ooo lifetime Ras.). Pays 80-1001 of IMSURRMCE US to 5666/nanth for rare than two years of rarely 118.07/nonth eligible expenses after 8C -BS and 1150 deduct- on recent plan experience. or injured off the i Rll this money goes into the IIB fund ible. Company pays 1001 of Prmsun cost. Pays for payment of first year benefits. Personnel Manager and 2 elected reviewing hoard The Company bears the cost of adminis- umbers. Sol of psychiatric vi sill limit of 1/2 R 180. PMRRIIRCCUIICAL 6 months continuous Company pays premium. Must be enrolled in Basic Major Medical. 11 CARO SCRUICC employment. Single 19.23/na.s family 125.01/eo. deductible/prescriptions 30 day supply. E0U11RBLE OCMTRL 6 months continuous Company pays premium. TWO Hama C preventive treatment s/ymr/person. IMSURRMCC employment. Single 19.01/month Payment according to booklet dated 6/3/05 - 12S family 531.68/month deductible per persori/yea on restorations. Max SI,Z00 payable per persom/yea. Mas 11,200 for come of orthodontia. ORGAM IRAMSPLAMI 6 months continuous employ- Individual pays premium. 100I to 11,000,000. IMSURRMCC Rent. Single f.SS/nanthi family 11.75/month UISIOM CARE 6 months continuous Company pays premium. One exam/year, 130 maximum; Len3es-1/yea, S20 - IMSURAMCC employment. Single 11.SS/ro.; family 11.80/no. 580; frame5-1/2 years, $301 Contacts - ISO. OISBBILIIY Rt hire, Maximum it 1.31 of gross earnings w/ 2/3 rate of earnings each week; naesnun 3110/ 8CMCr11S earnings not to be considered uk. (SI,776/mo.) lit year of J(W disability. greater than SUS/week (11,665/nanih). 1/2 rate of earnings per weeki maximum $307.50/ Current cost is .8I of earnings, wk, or 31,332.50 :cod year of total disability. This contribution rate is rewtewed US to 5666/nanth for rare than two years of periodically C ray be changed based disability. Lau cast income protection of ill on recent plan experience. or injured off the i Rll this money goes into the IIB fund Plan is administered locally by Plant Manager, for payment of first year benefits. Personnel Manager and 2 elected reviewing hoard The Company bears the cost of adminis- umbers. tering the Plan. 137 lad CITY Ofta E PLANS ff BFICRIS ►age 2 PLM [LI61Nrtily COST try POINTS KIM GROUP At hire. Total premium paid by the Company. Insured to nearest $SOO above ronin base WE INSURANCE 1.19/monthAl.0W. income. (Increases auEaotsolly n W males ImPloyee Pays while on leave longer increase.) Thom 2 months. Double indemnity for accidental death. full cost paid by Company. Otmnbernent Alluuonce (1/2 policy wlue). ACCIDENT COTPCN- No physical required 16 months anniversary. . Converiton privilege if you leave ILi. CONTRIBUTORY 6 Al hire. Employee pays total prmsms currently Same as Grasp Life Insurance. GROUP Lin INSIR= 6.11/11,000 coverage/nanlh. ONCE UORICR'S COMEN- Immediate. full cast paid by Caeipany. Compensation required by stale lam is event of WICK on the lob injury. SUPPLEMUNIARY 6 months continuous full cost paid by Company. Increases benefitsid far pa the i injuries ACCIDENT COTPCN- employment. to level of Disability Benefit Plan payments. 5flf 10X CNPLPfCC 6 months continuous Na cost to employee. A limited tuition and fee refund plan encourages COUCAIIDN employment• continuing education in areas that kmefit 11.AN present or future job assignments. ::'INCSS AND 6 months continuous No cost to employee. Up to 10 hrs. pay for casual illness or [URGENCY PRY employment. emergency absence each year. Up to 10 hrs. pay reserved for use as Is( meek benefits in DB case. SIOCI INUE51- At hire. Minima of 62/week. Company pays Stack is allotted to individual accounts at the MEET PLAN administration costs. average biweekly purchase price. Stocks dis- tributed on request. Monthly statement, divi- ivadend dendreinvestment. PROfIf SNARING 12 months employment. No cost to employee. Cost to Company Cash, stock, of annuity at retirement for no TRUST PLAN Hourly, weekly, w monthly is a mnam of 151 of salaries of all employee contribution. Ursled after S years of salaried. participants. service. Death C Disability Benefits from start. Alternative Investments 110 years of service. Retirement Distribution Trust at age SO with 10 years of service. Permits addilicoal alterna- tive inveslmnls. /3y in aiv orma Km c minis page i Pt" nIBIBILIy COST __ fly MINIS I - LN I31RI HMIN At tire. Cnplayee pays praum. $60/by naming hones IN/day hone care. CAR( See schedule. Ikss weary is infenrtionl only. for o complete listing of benefits and privileges, canwlt pow appropriate plan booklet or canwlt yor Manager or the fnplayee Services 0epartnent. ILP Revised B/17/90 KbaBCACfIIS/1 ja EYPLOTER7 COMTRIUil011 PAYROLL REPORT - EbS»{ 1.1[) -i J L: 1IL!'-'D 1.1 I:Y I ..:'LG'. f..a {rq.]r[[s nA.ill,[vr M TOTALWAGE3 DAIO TAAAHLE WAGE3DAo lii:c[wuueu uql., �,..Avv o� e✓w•[[s soeu\ _ MMh�r[[• peh• C� (k..• Cw IfOd,w canfa l+[w`L<.<vay Y.m[M a+.u\awaAti.[ Wr M/I[1 V _ 1 P'Yfn ,1:, c O �— or+u va.<[aua m..a4vr 3vryh�vda ?.+�', l - i-- —'G L I.❑YES.D���'O"N�M�n.P lv��yl[+NN�a.E 1.�Y1M\+�—_ 7 PAYROLL f.-.[ 1 iul vavl, y. -v u. M1 M� yqv .. F]�`O. P... nr M141Y{FAd M1av[q nr-11M1 D S L {. NA IISJIy F❑Lm OW- .❑Rol .❑rb u. Css 7. - 1 I7 O^9 M1 cLda }a+.. 31 p. u{. SmW+•. a a'\bl-�- a p .I C:r, a S..pvp Lr+. mr a WR'a-nnMl 1 10 I� F ❑ YE3. drv� ra.[A[A M M1 �yel N r�r181aL01ERY 11 • , Iota OF CRAM. 17 TOR ECIITI43 Co KUMd1E11T AFTER O: owuKn fs.ra ow.v�.w,Ts•�[ A.orfn r.,rr � WT Mf L14 "TAU MIA III" PAM TmAu[aAIL ►Acre �• _S' tm� J.CCNTRIBUTIONDUE ITEM 2 X O.000L 4. INTEREST 06E S. PENALTY DUE & AMOUNT DUE 7. CREDIT MEMO o S. NET REMITTANCE DUE 9u"cNI PATI To xe sFRHCEOFxwA) TOTAL WAfE] ►AD I TM AE WAGES PAD Of.. Cwt 6f -r Cw TO BE FILLED IN BY EAAPLOYEA JUL AUG SEP ---1993 10/31/90 TAXABLE WAGE BASE 1990-611.106 EWA EbftQVEAACCGIIMT MASER•WMTRoe T" RATE.OLUKER. VEAA 028359 8 0.016% 3 90' 7. J//.TF PROCTER IL GAMBLE MF6 CO 4. ONE PROCTEA A GARBLE PLI a CINCINNATI ON 45202 a 3n. iv •IOrynr rlr[.�v Mf.an A[nrti/17 pr I'mF ri.'Ir M.r R,Iw.y[.N [MGKlf�M r 31-�4111a? AhEA-0052 IND -2E445 DET -12/31/55 EFF -0x/[:2/55 LAm-t; I CERTIFY ru MTmK$.. n.ImnaT MUSSTF [ME SIGNED AW INTO s�+i � h ar a gbvA.fq.• rr [.[ ra.r.[Mf MAMmV4.M Lr.Y Nealal b4fro[Iah Oli{11[fOgTfwrR[0 T[l[how[ [.rw frAr A� f[L.fO TRII - — — — — — — — — — — — — 7vwqla--------------------- ter Tflr 'Ar E 0 I ti EUPLOYERS CONTRIBUTICN t PAIROLL REPORT - 65.5000 I10 f91 i . TO BE FILLED IN BY EMPLOYER APR MAY JUN --1990 07/31/90 TAXABLE WAGE BASE 1990 -*11.900 IOWA EYPL04ERAOCOUNr NUN1fR COIr R16UDON AArf - DUAAIEA YEAR 026351 E 0.06% 2 90 0 J 3. CONTRIBUTION DUE ITEM 2 X 4.INTEREST DUE �ICil06 3.~y=�/ PROCTER s GAMBLE MFG CO S.PENALTYDUE 5. ONE PROCTER i GAMBLE PLZ 6. AMOUNT DUE 6. CINCINNATI OH 45202 7. CREDIT MEMO 1 7 E. NET REMITTANCE DUE IAIARECNEcAVArABEErOjog SERVCEOFIOWA) yyy a� THIS REPORT MUST BE SIGNED AND OA B, /TED A 1 CERTIFY I.. 1w 1 r h >r r y N.bAp iti n 11(IYY 1�r y..11gr Irl i1 A.-r.yt..of.-I P, II WNY4d 11 11 P. /.1•.P �1"+a'�.•s'I+� A.rr rn.vwyr-[w...1.. ,1 11 .�N 1`�ryy�wK� J1 0 6 ,, ULMr Y A4eL.N>rfI.l1I�NPO.w[�P ■lltti4..hwµ1-I.p 251990. W 983-242 ' n PlOuw owuxR — IR 31-0411482 I Tib AIvIs H ' I AREA -0052 IND -28445 LET -12/31/55 EFF -05/G2/55 LAW-G ------T� ■- r--`r-------------- yl !! k lq:r r0%4 ,Aj "ter app" \R M r • l • . • N .4', u1R /A/ 1 - - _ - - ,.... '-..a.',.,.r a A57'�. !Y� �,,.��f�r__s: r.•rE{i:. Jt �^-y.. --.t.'e'. $`.Se .. sl-;+ ..avY.+.. r:ian%... FMRO,ER'S CONI RIBU TION s PAYROLL REPORT . 55.5300 I IP99) 9 CONTRIBUTION DUE ITEM 2 X 0W0006 4. INTEREST DUE 5. PENALTY DUE 6. AMOUNT DUE 7. CREDIT MEMO II S. NET REMITTANCE DUE (MAKE cHEcx PA vAaE ro ico smocE of IowA) 5. — 6. 2, 437,56 7. 6. 2,937,56 E TOTK ..T.d�par.�l�y la •.o.. At•.ba.�, r., a.d rl MWalaatt.RO.teto.l.•J.r'f a.l .0 pp ia•.W wAA•C ... rt'w� W.T� ✓^t n. C,••.... Y4. am d�+••M d... J•nY Y� 677 563 5S� AREA -0052 IND -26445 DET -12/31/55 EfF-05/02/55 LAIL-6 u •w rrr• a lar4 •uw. n O� r•rA4..wt IIS"Q�r 1 /Jr rYYtl Ih li'.!e/d t1�w11 a �. Vln J. •�1A41, Y 114 W •A..W alml.Tl a a. o •o, w•1Ya L,.O•T iida Y'al 1'❑,l7 raw wem a.1 rau..•er,gsl tl4 aN1a,t Yd1�tI Wa1u4 Ryon MM Wlh aYurEE4uwe(p.a•r?. ralKlm A•P 2. [AMD. p••a, aAl nrangN d4R J4 D 66114 a1Gfl.1 It IIy WA mora 3WI •,Lq O4 u4WL ?•rr1.. . ,uJ a IL�1 Soa• D" 70 E.T.l s-0 W .w1 paag 20 la D.pr s❑ RS/ 'E• 0 Wr.•Y4 V4 I7 W.N Y. �Y..L yna 6G ry J 1Yai1�lN... a rae• W4Lm•'•V tl p, Na•Wa, a diT} Jo. 1A,4W dtai a IaT—. �\.K , 1.0 Teo 7.0 Imp. m•rl+• sd mr•.•aM rNPT Va W]4y {Y(10TERS NOTGE Or CaAa A Port MOa➢.S OI 9EEIaW ENT AE rill JAN FEB MAR --1990 04/30/40 TAXABLE YALE BASE 1'190 -*11.900 IOWA EM4OTER ACCOONT Nu%S(% OOarkiulRIN RATE- OUARTEA YEAR (26359 a 13.136 1 90 PROCTER s GAMBLE MFG CO ONE PROCTER A 6AM8LE PLL CINCINNATI OH 45202 THIS REPORT MUST BE SIGNED AND OATEO I CERTIFY r w d.w. wA..1 • v. �N•n 4 4 F 1..N / ., MsN4r �ti N M so/90 T4 x 61 Vi `c u �rs�7y�1 t i li II 11 iI 0 . Jill In OR t . �. • 4E r, w C�rOeOr. �rOvOtro� L ` m 1 iOWA CtTi Y/CORALVILLE MAP i ECR au . ( 4LVl [CIT }u . WBE sl. ,.qw q • 4R aY . Mw'1 1 DO ■T. g U r yip / Asa<nl t Zzkx m 11�V_iu71vrlt X Attachment X In lieu of providing cost estimates for the expansion project, we are providing the estimated assessed value of the proposed project, and incremental property taxes to be paid. Taxes are based on the following capital: New production building, one-quarter utilized during Phase i New packing line New large-scale making system New small-scale making system The estimated assessed value of the building is $1,850,000. The estimated assessed value of the machinery and equipment is $3,050,000. Below is the property tax schedule for the new building and equipment. PROCTER 6 GAMBLE MANUFACTURING CO. IOWA CITY PLANT ESTIMATE OF INCREMENTAL PROPERTY TAX INCREASE RESULT OF FISCAL YEAR 91-92 EXPANSION: PROPERTY TAXES TO BE PAID: MACHINERY 1993 $83,700 1994 $83,700 1995 $83,700 1996 $83,700 1997 $83,700 1998 $83,700 1999 $83,700 2000 $83,700 2001 $83,700 2002 $83,700 BUILDING TOTAL $13,020 $96,720 $20,460 $104,160 $27,900 $111,600 $36,270 $119,970 $43,710 $127,410 $51,150 $134,850 $51,150 $134,850 $51,150 $134,850 $51,150 $134,850 $51,150 $134,850 f37 &eW x! May29, 1991 Procter & Gamble Manufacturing Co. 2200 bower Muscatine Rd. Iowa City, IA 52240 Secretary of State of Iowa Hoover Building Des Moines, IA 50319 Dear Secretary of State, This letter requests that Procter & Gamble Manufacturing Co. receive a Certificate of Good Standing in the State of Iowa. Our company is applying for financial assistance from the C.E.B.A. government program, and is require to submit proof of our good standing in conjunction with the request for funds. Please find enclosed a check for $5.00 to cover the processing fee. Thank you for your attention to this matter. Sincerely, Theresa Barnhart Financial Manager Procter & Gamble - Iowa City 137 RESOLUTION NO. 91-140 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: SEE ATTACHED LIST It was moved by and seconded by Horowitz that the Resolution as read be a opted, and upon roll call there were: AYES Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick X NAYS: ABSENT: Passed and approved this 25th day of June , 19 91 Attest: 2f�y��^J Ci Clerk ,?' 110 g +RE - a! D: . a: PAGE:! !we m £ u s As . PURPOSE wR2w�,sR ST :qE 1336 :ate ,a„ :Ka#:3 ! : +q :C 2 # 4 Q2 r:. arc- © AonA \ :w *;�: &� :J +q PAR s c «_' �S . : I - mom w case :CKER=q gAesm ARV :. ER #435 S:7E raw mA}RY «sem D : 7S #4402 Meo \r �\ w:E-N S E = Slew. xr- : w:w 5&3y ---------- 9 w :a w:w 5�f3 w 9e ar%S :a w 2e 3176 2 ws .Sze w a 5333 Iaf42 L + 6 Lp %J 0 Ll 11 Iii r, If J 11) ID I". CO C.) I C, k !n 01 Iwo I.V 1 _J CO 0 CO CO 0.1 Cf. I In 0- r -I C-1 Ld It 44 LI 17 s[if ID !n is 1 0 [if I'l C) I I ili0 U) I 1 0 fit iia' in CA % J) !•1 IYI I ld If-, I'l 1.9 fill 11� P, 1- - 1)) 0 0- LJ aY 't b I .t U) 1.23 DJ ',I -:f ID -A it IrQ it li U7 [I.) b I, rn T r.) IN C) CO (I, I C9 rr. Irl 0), 11,1 C, 11) C, I _j 0) li cs a c1- -Ir IF TI:- ,y �i It it I q C" -IV 1, 1;1 cc- •�]­ CL --.t I ,.I- U] C It 0 It il- 11, Ii '41 - -1 11 a it, 1 4 C! 41' C, it .11 L Cly, crrre- a' I L ly b I CO l,l Ipl Q) LI C." 61 <E Id ff 111 0 Ijj 10 I'l Ill 1A La 11- 1.1 In LLI (A bi C-0 ci _-Z :0 1.- -,Z 1.11 Y_ UJ :,,' I Y. 0 1A 'N' D *W_, 7 0_ ILI C C� k 0 03 C) C, -1 0 A 0 - C) 2: G u C) c.) Y 71 1 0 Ijj 1- 0 p- I Iii 1 1 Ld F 1.1 o:: F U_ I I_• A 1- ',L I- - I.- x 1-_ � I I') CO -'. IQ C.) W I1 Cl) n in c., 0'0 111 U) Ill V., Win LII 17i L. (It. L. 07. q! T NT E ED, 13 ST T 1- 3 F Z K A L Z H: C. -R' E *695 Gee: m:,� � 2 � 20. : jAE:,- GROUND A,, -« HAgTS DIreqs lcR#q7 H IT S 1 C K, EIR 74417 3 L'- 7 :r D.;< ST !. E 374 e: 'L L 77" F LO'- 2E, ER T �y tT SIS C K E: 44 C C. -VEE- cOlOD STORE HY-VEE wCD S:72E #2 S7 :cam R #3 5 7( uy-V�7 F C D' :: -TORE - STI-,-Q �,42'58 I I- 1 -1-11 7 35 C-0125 s19 6 V7 -ID D -5 r DO 1 S -l' J 140 s 3ARE -E • »w«s a:^ c::a+ -! R:# 3m,msuE• As csa:,fir# COM.", 1 SC s+A� mm, R:# e! }C., E 43/ :6M �Iq� 4zmr LOYAL =gERC ems: mmE n ! £R "-4 :mc-: CO wm -laq aL-37-2 MANIA �s ' RLk8 5 41 -3 D'7 a w::e s;e1 , a c:w a6e9 :2 w ago -- 5=30 w22 S9e 319 e ,w � e N.- &�� sewwz s&2 a G2 9,3 ct % »e« |Lfb c - zZ `E mER."ITS PAGE:: maseaxsA: PURPOSE r «Ds STICKER &4430 w c� •s l:RR� #7 ~KEE\y S:2ER.# , T1s a w eE STICKER =4272 e m a y w y : EE w S7 '-K7F :=\4-3 , MEW WIA L : L T, w A, e w 3 Gq 92 yy: :aE!* :7a# ,Mm egct% wc. : IEm f,w, R2, CE Imma2 — mE,sR X lCKER m:<22s*7a :aS A:KTw:#Sa aTCKER I C7 r «Gy 2=mSE# 5 -44 3 2 yew a�so r,F sGw 22 2 £,s! 9, �q 5225 y ay# say w 2 ws 5249 « weq 3�-3 e 00063 3,;Q :sawn w 00007 39; 7 w we 559 . e w,s L159 |40 _IGARETTE FERMI -S =GIN -EU: 12-MA'Y-91 PAGE: 5 QU!-: —R.IP =548 n5 ER #_ '" _ __ 3:3, 3 RZ__�?_E ,R_o 'x5 '16 vu = 5105 'R. �.:_.� .�"_I__• _ESR.. I _ =ST- C•.ER 4433=: '�W!CT JARY RESTAURAi 'I-`•� ,.•� •__ __;,'c JT TC1rS T 1 2D SEAT= "pS SH & CARR`; "ARK.E "_ :. U:=_ ERR. GLOBE _ JI.(®R� 6: -l_ %+I_ "TI 6i - �..: r'Ep4I E�.. •__ _TORE --- it ET'i E,-, '�`OREEE = S0 = STTCKER =:PI #.: ST. 0K 7R 38cl. ,Aio+ 5��1',..g Gni 1c, 25 ..n oda ��O G RE -: e. PK.' a PRIr E:13aA®eI ma:2 N!' e w s «a -g ae « t, G" » „ ?m: . iwq=4414 dam« ie 2 ITCE 2' K C E. X7;.4.,.. cz ul: L AS :», :a G #4 3333 . KGs I 7ER *143S14 m :mq# 'a IMAARKE— ��-TCKZR w=4--z-,'- IS AND eq, -eE :aE#z F# . » q w s D-STAURANT la #433, T7A: y.; w :y 2 sem» 2 ,2:2 SQa� e w g |at0 C RESOLUTION NO. 91-141 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY91 LANDFILL EXPANSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of'contract, and estimate of cost for the construction of the above-named project is to be held on the 9th day of July, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa,City, Iowa. 2. That. the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 25th day of June 1991. ATTEST: IegaNandexpn.res A proved b City Attorney's Office & may/ Iq RESOLUTION NO. 91-142 RESOLUTION ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS FOR SCOTT BOULEVARD EAST PART ONE WHEREAS,' the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Paving improvements for Scott Boulevard East, Part One as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Sanitary sewer and storm sewer improvements for Scott Boulevard East, Part One as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBR ISCO COURTNEY HOROWITZ KUBBY LARSON ,McDONALD NOVICK Passed and approved this 25th day of June ATTES' 1991. 6-.zo- 9/ k, P� 14051- R�L e5 RESOLUTION NO. 91-143 RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF WALNUT RIDGE, PART 2, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners and subdividers, Southgate Development Company, Inc., John W. Kennedy and Barbara F. Kennedy, husband and wife, and Dorothy Kisner, single; have filed with the City Clerk of Iowa City, Iowa, an application for approval of the revised preliminary plat of Walnut Ridge, Part 2, a subdivision of Iowa City, Iowa; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed revised preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission, and after due deliberation, the Commission has recommended that it be accepted and approved subject to the condition that certain requirements found Article III of Chapter 32 of the City of Iowa City Code of Ordinances be modified as listed below; and WHEREAS, the preliminary plat is found to conform with Chapter 409A, Code of Iowa and with the exception of the modifications noted below, all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the revised preliminary plat of Walnut Ridge, Part 2, is hereby approved subject to the following modifications of the requirements of Article III of Chapter 32 of the City of Iowa City Code of Ordinances: a. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 60 feet as reflected on the revised plat. b. The traveled surfaces on the undivided portion of Kennedy Parkway to be constructed at a minimum of 28 feet in width as measured from back of curb to back of curb. Where the two lanes of this road are separated from one another, each of the divided lanes shall be a minimum of 22 feet in width as measured from back of curb to back of curb. C. Sidewalks required on only one side of Kennedy Parkway as shown on the revised plat. d. Prior to final plat approval, a plan for plantings and other improvements for the Kennedy Parkway right-of-way must be submitted with the construction plans and be approved by the Public Works Department and the City Forester. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. 143 Resolution No. 91-143 Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: Novick the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 25th day of June 1991. /ADR Appro e b ATTEST: CI CLERK City Attorney's Office/ \welnutrd.res tA43 RESOLUTION NO. 91-144 RESOLUTION APPROVING THE FINAL PLAT OF WALNUT RIDGE, PART 2, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners and subdividers, Southgate Development Company, Inc., John W. Kennedy and Barbara F. Kennedy, husband and wife, and Dorothy Kisner, single; have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Walnut Ridge, Part 2, a subdivision of Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate located in Iowa City, Johnson County, Iowa, to wit: . Commencing at the southeast corner of the fractional southwest quarter of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S89007'30"W (a Recorded Bearing), 332.62 feet along the south line of said southwest quarter to the Point of Beginning; thence continuing. S89007'30"W, 987.38 feet along said south line to the southwest corner of the southeast quarter of the fractional southwest quarter of said Section 7; then N00123'09"E, 1074.34 feet along the west line of said southeast quarter; thence S89036'53"E, 332.09 feet; thence N45129'50"E, 183.92 feet; thence S75013'32"E, 79.37 feet; thence S51 053'38"E, 100.70 feet; .thence S64046'34"E, 89.71 feet to the northwesterly corner of Lot 3 of Walnut Ridge, Part One; thence S25131'41 "E, 723.64 feet along the westerly line of Walnut Ridge, Part One; thence SO4028'07"W, 413.56 feet along the westerly line of Walnut Ridge, Part One to the Point of Beginning. Said tract of land contains 22.99 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the final plat and have recommended approval of same; and WHEREAS, the final plat has been examined by the Planning and Zoning Commission, and after due deliberation, the Commission has recommended that it be accepted and approved subject to the condition that certain requirements found in Article III of Chapter 32 of the City of Iowa City Code of Ordinances be modified as listed below; and WHEREAS, the final plat is found to conform with Chapter 409A, Code of Iowa and with the exception of the modifications noted below, all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the final plat of Walnut Ridge, Part 2, is hereby approved subject to the following modifications of the requirements of Article III of Chapter 32 of the City of Iowa City Code of Ordinances: Resolution No. 91-144 Page 2 a. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 60 feet as reflected on the revised preliminary plat. b. The traveled surfaces on the undivided portion of Kennedy Parkway to be constructed at a minimum of 28 feet in width as measured from back of curb to back of curb. Where the two lanes of this road are separated from one another, each of the divided lanes shall be a minimum of 22 feet in width as measured from back of curb to back of curb. C. Sidewalks required on only one side of Kennedy Parkway as shown on the revised preliminary plat. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. It was moved by Courtney and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: X V X X X X X NAYS: Passed and approved this 25th day of ATTEST: 9C. 97 CITY LERK \walntfin.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Office 10, 44 Pzd 8_11� RESOLUTION NO. 91-145 RESOLUTION AUTHORIZING EXECUTION. OF AN AMENDMENT TO SUBDIVI- SION AGREEMENT FOR SCOTT'S SECOND ADDITION. . WHEREAS, Iowa law provides for municipal review of subdivisions located outside the city limits but within Johnson County, Iowa; and WHEREAS, on March 30, 1990, the City of Iowa City reviewed and approved, by Resolution No. 90-36, a subdivision known as Scott's Second Addition, Johnson County, Iowa, and on that same day approved the Subdivision Agreement between Dean G. Oakes and Evelyn M. Oakes, husband and wife, which agreement is now recorded in Book 1115, page 28 of the Johnson County Recorder's Office; and WHEREAS, subdividers' interest has been conveyed to Oakes Construction Company, an Iowa corporation ("Subdividers"); and WHEREAS, in anticipation of Lot 1 of the subdivision being developed as a "truck stop," heavy traffic was expected from Highway 1 onto an existing county road, thereby requiring the road, now platted as Naples Avenue, to be improved to a paved street; and WHEREAS, the original Subdivision Agreement requires the Subdividers to pave Naples Avenue according to standards reflected on the approved Preliminary Plat of Scott's Second Addition prior to the issuance of any building permit by the County; and WHEREAS, said "truck stop" development has not occurred to -date, and is now unlikely to occur; and thus the Subdividers have been unable to obtain a building_ permit for an interior lot; and WHEREAS, the Subdividers, and the City of Iowa City now wish to amend the original Subdivision Agreement, and to postpone the Subdividers' obligation to install paving until Lots 1, 2 or 5 develop, in order to permit development of Lot 3, an interior lot, for a warehouse use; and WHEREAS, the proposed warehouse use will not create any traffic or safety hazards with regard to Naples Avenue, which is an existing county road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: It is in the public interest to amend the original Subdivision Agreement for Scott's Second Addition, a Johnson County subdivision, and thereby permit low -traffic warehouse development without any adverse impact on traffic safety. 2. The attached Amendment to the Subdivision Agreement for Scott's Second Addition is hereby approved as to form and content. 3. The Mayor and City Clerk are hereby authorized to execute the attached Amendment, for recordation in the Johnson County Recorder's Office, said recording fees to be paid by Subdividers. Resolution No. 91-145 Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: Larson the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 25th day of June 1991. • /AY DR �n Approved by ATTEST: // mss✓ CIT CLERK ity Attorney's Office legal\scott2nd.res 1{5 AMENDMENT TO SUBDIVISION AGREEMENT FOR SCOTT'S SECOND ADDITION WHEREAS, Iowa law provides for municipal review of subdivisions located outside the city limits but within Johnson County, Iowa; and WHEREAS, on March 30, 1990, the City of Iowa City reviewed and approved, by Resolution No. 90-36, a subdivision known as Scott's Second Addition, Johnson County, Iowa, and on that same day approved the Subdivision Agreement between Dean G. Oakes and Evelyn M. Oakes, husband and wife, which agreement is now recorded in Book 1115, page 28 of the Johnson County Recorder's Office; and WHEREAS, Subdividers' interest has been conveyed to Oakes Construction Company, an Iowa corporation; and WHEREAS, in anticipation of Lot 1 of the subdivision being developed as a ".truck stop," heavy traffic was expected from Highway 1 onto an existing county road, thereby requiring the road, now platted as Naples Avenue, to be improved to a paved street; and WHEREAS, the original Subdivision Agreement requires the Subdividers to pave Naples Avenue according to standards reflected on the approved Preliminary Plat of Scott's Second Addition prior to the issuance of any building permit by the County; and WHEREAS, said "truck stop" development has not occurred to date, and is now unlikely to occur; and thus the Subdividers have been unable to obtain a building permit for an interior lot; and WHEREAS, the Subdividers and City of Iowa City now wish to amend the original Subdivision Agreement, and to postpone the Subdividers' obligation to install paving until Lots 1, 2 or 5 develop, in order to permit development of Lot 3, an interior lot, for a warehouse use; and WHEREAS, the proposed warehouse use will not create any traffic or safety hazards with regard to Naples Avenue, which is an existing county road. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL PROMISES AND FORBEARANCES HEREIN, PARTIES AGREE AS FOLLOWS: 1. Subdividers Dean G. Oakes and Evelyn M. Oakes, husband and wife, entered into a Subdivision Agreement with the City of Iowa City, Iowa ("City'), dated March 14, 1990, which Agreement was approved by Resolution No. 90-36, and recorded in Book 1115, page 28 of the Johnson County Recorder's Office. 2. Mr. and Mrs. Oakes conveyed their interest in the Subdivision to Oakes Construction Company, an Iowa corporation, with Dean G. Oakes, President and Evelyn M. Oakes, Secretary ("Subdividers"). 3. Subdividers and City now wish to amend paragraph 4 of the original Subdivision Agreement, but only to the extent of the first sentence of paragraph 4, which sentence shall be deleted and amended to read as follows: H6 N "4.a. Notwithstanding Paragraph 1 of the original Subdivision Agreement, Subdividers' obligation to install roadway improvements along proposed Naples Avenue to county standards, as noted on the Preliminary Plat of Scott's Second Addition, shall be postponed until such time as a building permit is issued for either Lot 1 or Lot 5 of Scott's Second Addition, as shown on the corrected Final Plat filed in Plat Book 31, page 309, of the Johnson County Recorder's Office. 4.b. Subdividers' obligation to install roadway improvements to county standards, with respect to the 40 foot wide existing ingrewegress easement extending from proposed Naples Avenue in a westerly direction along the south boundaries of Lots 2 and 3 rAccess Easement"), as noted on the Preliminary Plat, shall be postponed until such time as a building permit is issued for Lot 2. Additionally, Subdividers and City agree that Subdividers, including their successors in interest and assigns, shall limit the development and ac&AW on Lot 3 to warehousing, as now proposed. Subdividers and City further agree that at such time as activity on Lot 3 shall no.longer be limited to warehousing, Subdividers' obligation to install paving along the Access Easement, as originally contemplated in the Preliminary Plat, shall be triggered, and Subdividers agree that the paving shall then be installed, whether by Subdivider or Subdiividers' agents or assigns. 4.c. Parties acknowledge the screening requirements set forth in the last sentence of paragraph 4 of the original Subdivision Agreement shall remain in full force and effect, shall continue to be an obligation of the Subdividers and shall be enforced and monitored by Johnson County officials. 3. The City and Subdividers agree that the remainder of the original Subdivision Agreement filed in Book 1115, page 28 of the Johnson County Recorder's Ofiiice shall remain in full force and effect, and that the Amendments to paragraph 4 set forth herein shall in no way expand or Emit the duties and obligations of either party to the original Agreement, other than those set forth above. Dated this 75rh day of .Tune , 1991. H15 3 OAKES CONSTRUCTION COMPANY CITY OF IOWA CITY, IOWA AN IOWA C RPORATION J-- McDonald, Mayor Dean G. Oakes, President By: 9`/ /� By: Mahan K. Karr, City Clerk Evelyn M/Oakes, Secretary Approved by Cfty Attorney's Office 6 z0�9i STATE OF IOWA ) SS: JOHNSON COUNTY) On this .70 day of 19 91 before me, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in E@rdinaneei (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the d6 µ1 day of Z t4n,e- '19 yam, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 145 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY) /� On this daY of ,19 7 / , before me, the undersigned, a Notary Public in and fo a State of Iowa, personally appeared Dean G. Oakes and Evelyn M. Oakes, to me perso y known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of the Corporation executing the within and foregoing instrument, that no seal has been procured by the Corporation; that said instrument was signed on behalf of the Corporation by authority of its Board of Directors; and that Dean G. Oakes and Evelyn M. Oakes as officers acknowledge the execution of the foregoing instrument to be the voluntary act and deed of the Corporation, by it and by them voluntarily executed. MARm My pN EMIRS S upkaW 23. 1991 pa eco t nd.pr 146 RESOLUTION NO. 91-146 RESOLUTION REVISING THE "GRIEVANCE PROCEDURE FOR PUBLIC HOUSING TENANTS" AND THE "DAMAGE CLAIM PROCEDURE" FOR THE SECTION 8 CERTIFICATE/VOUCHER PROGRAM FOR TENANTS IN IOWA CITY'S HOUSING ASSISTANCE PROGRAM WHEREAS, the City Council of the City of Iowa City has previously adopted a "Appeals/ Grievance/Informal Review/Hearing Procedure" for tenants in the City's Housing Assistance Program, and WHEREAS, certain Amendments to that procedure were recommended by the Housing and Urban Development area office, and WHEREAS, the City Council, upon the recommendation of the Housing Commission and the Legal Department deems it in the interest of the citizens of Iowa City to adopt the Revised Procedures being attached to this Resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the "Grievance Procedure for Public Housing Tenants" and the "Damage Claim Procedure" for the Certificate and Voucher Program in the City's Housing Assistance Program are hereby adopted. It was moved by. Novick and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 25th day of ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. ATTEST: 1revpmcs.res 6-11-11 14(d IOWA CITY PUBLIC HOUSING AUTHORITY PROPOSED PROCEDURE FOR DAMAGE CLAIMS { IN SECTION 8 EXISTING HOUSING CLAIMS FOR UNPAID RENT AND DAMAGES Claims for such payments must be submitted by the Owner to the Iowa City Housing Authority (ICHA) after judgement is received from the Small Claims Court. 1. The property owner must request the ICHA to conduct a move - out inspection within five working days from when the owner becomes aware that the unit has been vacated and that a claim may be made. This Housing Authority would suggest that the property owners be present at these inspections and that the Tenant be notified and be given the opportunity to be present at the inspection. 2. The damage inspection shall occur within three (3) days from the date the owner notifies the ICHA that a claim may be made. 3. The property owner must comply with Section 562A.12 of the Iowa Landlord/Tenant Act, which states the property owner shall, within thirty (30) days from the date of termination, furnish to the Tenant a written statement showing the specific reason for withholding the rental deposit or any portion thereof. 4. The Owner shall sue the Tenant in small claims court, where both parties have all appeal rights afforded under Iowa law. 5. The Landlord shall deliver to the ICHA a copy of all papers and notices required by Small Claims action. The ICHA does not represent the tenant and 'service to the ICHA is not service to the Tenant. 6. The ICHA shall notify the Tenant of the importance of defending a Small Claims action and the effect such action will have on future assistance to the Tenant. 7. The ICHA will honor judgments received through courts, up to the maximum liability under the HAP contracts. 8. Before the Tenant will be eligible for a Section 8 subsidy at a new unit or for future participation in Federally - assisted housing programs, the Tenant must repay the ICHA whatever amount the ICHA paid to the Owner. 9. A claim for vacancy loss is not available under the Housing Voucher Program. Under the Certificate Program, a vacancy loss claim must have supporting documentation verifying that the property owner made a good faith attempt to re -rent the unit. Such documentation may include copies of newspaper advertisements, listing with ICHA, contacting the ICHA waiting list applicants. 10. Please be reminded that the HAP Contracts do establish a maximum liability for claims for damages, unpaid rents and vacancy loss. . Appraod By City MOMWA Office G -i,F- 91 IOWA CITY PUBLIC HOUSING AUTHORITY GRIEVANCE PROCEDURE FOR PUBLIC HOUSING ResldentS GRIEVANCE PROCEDURE The intent and purpose of this Grievance Procedure is to establish the requirements, standards, and criteria used by the Iowa City Public Housing Authority (ICHA) to assure residents are afforded an opportunity for a hearing if the resident disputes within ten (10) days any ICHA action or failure to act involving the resident's lease with the ICHA, or ICHA regulations which adversely affect the individual resident's rights, duties, welfare, or status. The ICHA Grievance Procedure shall not be applicable to disputes between residents not involving the ICHA or to class grievances. This Grievance Procedure is not intended nor shall be used for initiating or negotiating policy changes between a group or groups of residents and the ICHA. 1. Informal Hearing A. The grievance shall be in writing and signed by the resident, and shall be personally presented to the ICHA administrative office within ten (10) calendar days of the ICHA action or failure to act, so that the grievance may be discussed informally and settled without a hearing. B. After receipt of the complaint, the ICHA shall make reasonable efforts to hold an informal administrative hearing with the resident and his or her designated representative. C. The ICHA shall provide an interpreter if the resident is not fluent in English unless, after diligent effort, it is impossible to secure an interpreter. If it is impossible for the ICHA to provide art interpreter, then the resident shall be notified that he or she may bring an interpreter. D. A summary of the discussion shall be prepared by the ICHA within twenty (20) calendar days of the informal hearing, with one copy being given to the resident and one copy retained in the resident's file. -The summary shall specify the names of participants, dates of meeting, the complaint, the nature of the proposed disposition of the complaint and the specific reasons therefor, and shall further specify the procedures by which a formal hearing may be obtained if the resident is not satisfied. E. This informal hearing is required as a prerequisite to a formal hearing under Section 2 unless the resident can show good cause why he or she failed to proceed under this section. If the hearing officer finds good cause, the informal hearing requirement shall be waived. 144 2 2. Procedure to Obtain Formal Hearing A. The resident shall submit a written request for a formal hearing to the ICHA administrative office within fifteen (15) calendar days after the summary of the discussion is mailed to the resident. The resident's written request shall specify: (1) The reasons for the grievance, and (2) The action or relief sought. B. A hearing shall be scheduled promptly by the hearing officer or hearing panel for a time and place reasonably convenient to both the resident and the ICHA. A written notice specifying the time, place, and the procedures governing the hearing shall be delivered to the resident and the appropriate ICHA official, such service being in compliance with Rule 56.1, Iowa Rules of Civil Procedure. C. Before a formal hearing is scheduled for any grievance involving rent, as specified in the lease, which the ICHA claims is due and owing, the resident shall pay to the ICHA an amount equal to the amount of the rent due and owing as of the first of the month preceding the month in which the act or failure to act took place. The deposits of the monthly rent shall be made by resident until the grievance is resolved. Failure to make such deposits shall not constitute a waiver of any right the resident may have to contest the ICHA's disposition of his or her grievances in an appropriate judicial proceeding. D. Grievances shall be presented before a hearing officer. The hearing officer shall be an impartial, disinterested person selected jointly by the ICHA and the resident. If the ICHA and the resident cannot agree on a hearing officer, they shall each appoint a member of a hearing panel, and the members so appointed shall select a third member. Persons so selected shall be ones without prior knowledge of the substance of the grievance, and ones who are not partial to either party. E. If the resident does not request a formal hearing in accordance with this procedure, the ICHA's disposition of the grievance under the informal hearing procedure shall become final, provided that failure to request a formal hearing shall not constitute a waiver by the resident of his right thereafter to contest the ICHA's action in disposing of the complaint in an appropriate judicial proceeding. Procedures Governing the Formal Hearing A. The formal hearing shall be held before the hearing officer or hearing panel. B. The resident shall be afforded the opportunity: (1) Before the hearing takes place, to examine all documents, records and regulations of the ICHA that are relevant to the hearing and to obtain copies at resident's expense. Any document not made available by the ICHA to the resident, after written request, may not be relied on by the ICHA in the formal grievance procedure. lifl (2) The right to be represented by counsel or other person. (3) The right to a private hearing unless a public hearing is requested. (4) The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by the ICHA, and to confront and cross-examine all witnesses on whose testimony or information the ICHA relies. (5) A decision based solely and exclusively upon the facts presented at the hearing. C. If the hearing officer or hearing panel determines that an identical or similar issue has been previously decided in another proceeding between the same parties, the hearing officer or hearing panel may render a decision without proceeding with the hearing. D. If the resident or the ICHA fails to appear at the scheduled hearing, the hearing officer or hearing panel may make a determination to postpone the hearing for a period not to exceed five (5) business days, or may make a determination that the non -appearing party has waived their right to a hearing. Both the ICHA and the resident shall be notified of the determination, provided that if a resident has waived their right to a hearing, this shall not constitute a waiver of any right the resident may have to contest the ICHA's disposition in an appropriate judicial proceeding. E. At the hearing the resident must first demonstrate he or she is entitled to the relief sought, and thereafter the ICHA must justify the ICHA's action or failure to act which is being challenged by resident. F. The hearing shall be conducted informally by the hearing officer or hearing panel. Both oral and documentary evidence pertinent to the facts and issues raised by the resident may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or hearing panel shall require the ICHA, the resident, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with this procedure may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and the granting or denial of the relief sought. 4. Decision of the Hearing Officer/Hearing Panel A. The hearing officer or hearing panel shall prepare a written decision, together with the reasons therefor, within twenty (20) calendar days after the formal hearing. A copy of the decision shall be personally delivered or mailed to the resident and the ICHA. The ICHA shall retain a copy of the decision in the resident's folder. A copy of this decision, with all names and identifying references deleted, shall be maintained on file by the ICHA and made available for inspection by a prospective resident, his/her representative, or the hearing officer or hearing panel. 4 B. The decision of the hearing officer or the hearing panel shall be binding on the ICHA, which shall take all actions, or refrain from any actions, necessary to carry out the decision, unless the City Housing Commission notifies the resident within ten (10) calendar days, in writing, that: 1) The decision of the hearing officer or hearing panel is contrary to applicable federal, state, or local law or HUD regulations or requirements of the Annual Contributions Contract between HUD and ICHA; or 2) The grievance does not concern ICHA action or failure to act in accordance with or involving the resident's lease or ICHA regulations which adversely affect the resident's rights, duties, welfare, or status. C. A decision by the hearing officer, hearing panel or the Housing Commission which is unfavorable to resident or a decision which denies the relief requested by the resident, in whole or in part, shall not constitute a waiver of, nor affect in any manner whatever, any rights the resident may have to a trial or judicial review in any judicial proceedings which may thereafter be brought in the matter. D. Judicial Review of Administrative Action Resident may seek further review of a formal decision by a hearing officer, hearing panel or Housing Commission in state or federal court of competent jurisdiction. 5. ICHA Eviction Actions If a resident has requested a formal hearing in accordance with these procedures on a complaint involving a ICHA notice of termination of tenancy, and the hearing officer or hearing panel upholds the ICHA's action to terminate the tenancy, the ICHA shall not commence an eviction action in a state or local court until it has served a notice to vacate on the resident. In no event shall the notice to vacate be issued prior to the decision of the hearing officer or hearing panel having been previously mailed or delivered to the resident. Such notice to vacate must be in writing and specify that if the resident fails to quit the premises within thirty (30) calendar days of the decision of the hearing panel or officer or on the termination date stated in the notice to terminate, whichever is later, appropriate action will be brought against the residents, and the resident may be required to pay court costs and attorney fees incurred by the resident or former resident during subsequent judicial proceedings. ' legaNdevprc.pha 'ifw . �e s 8IL- RESOLUTION NO. 91-147 RESOLUTION IN SUPPORT OF AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR RISE PROGRAM FUNDS. WHEREAS, the Procter and Gamble Manufacturing Company is prepared to commit to the expansion of its existing Iowa City plant, creating 100 new full-time jobs which do not presently exist; and WHEREAS, this commitment is contingent upon certain transportation improvements being made in an expeditious manner; and WHEREAS, the Iowa Department of Transportation administers the RISE program, which is designed to fund transportation improvements related to job creation; and WHEREAS, RISE funding is imperative in order to undertake these essential transportation improvements; and WHEREAS, without an immediate commitment of RISE funds, these essential transportation improvements cannot be completed in a timely manner, thus jeopardizing the commitment to expand in Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: 1 . That the City of Iowa City is in full support of the Procter & Gamble Manufacturing Company expansion project and related RISE program application. 2. That the City will negotiate agreements with the Procter & Gamble Manufacturing Company stating that the RISE funded improvement to its property will be adequately maintained by and become the jurisdictional responsibility of the Procter & Gamble Manufacturing Company, and relating to the provision of the required local share of the RISE related improvement costs. 3. That the JCCOG Transportation Planning Division is authorized to prepare a RISE program application and file any materials subsequently deemed necessary. 4. That the Mayor is authorized to execute and the City Clerk to attest an application for RISE funds. Resolution No. 91_147 Page 2 It was moved by Courtney and seconded by adopted, and upon roll call there were: AYES: rA NAYS: Passed and approved this 75th day of ►Ya— ATTEST: A� -(. ��J CITY -CLERK iccogtpVisefund.res Ambrisco the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Appro d b City Attorney's Office 6 /71-7/ +�6_5 _1'\ RESOLUTION NO. 91-148 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR RAIL ASSISTANCE PROGRAM FUNDS. WHEREAS, the Procter and Gamble Manufacturing Company is prepared to commit to the expansion of its existing Iowa City plant, creating 100 new full-time jobs which do not presently exist; and WHEREAS, this commitment is contingent upon certain railway improvements being made in an expeditious manner; and WHEREAS, the Iowa Department of Transportation administers the Rail Assistance Program, which is designed to fund railway improvements related to job creation; and WHEREAS, Rail Assistance Program funding is imperative in order to undertake these essential railway improvements; and WHEREAS, without an immediate commitment of Rail Assistance Program funds, these essential railway improvements cannot be completed in a timely manner, thus jeopardizing the commitment to expand in Iowa City. WHEREAS, the Procter and Gamble Manufacturing Company has stated that they will own the new railway improvement, will adequately maintain it for a minimum of ten years, and will not dismantle it for any reason without written permission from the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City of Iowa City is in full support of the Procter & Gamble Manufacturing. Company expansion project and related Rail Assistance Program application. 2. That the City will negotiate agreements with the Procter & Gamble Manufacturing Company stating that the Rail Assistance Program funded improvement to its property will be adequately maintained by and become the jurisdictional responsibility of the Procter & Gamble Manufacturing Company, and relating to the provision of the required local share of the Rail Assistance Program related improvement costs. That the JCCOG Transportation Planning Division is authorized to prepare a Rail Assistance Program application and file any materials subsequently deemed necessary. 4. That the Mayor is authorized to execute and the City Clerk to attest an application for Rail Assistance Program funds. JL(b Resolution No. g1_14,a Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 25th day of ATTEST: Courtney the Resolution be ABSENT: 1991. City Attorney's Ambrisco Courtney Horowitz Kubby Larson McDonald Novick jccogtp\idotrai I. res HS RESOLUTION NO. 91-149 RESOLUTION AMENDING THE NAME, ADVISORY SCOPE, AND MEMBER- SHIP OF THE RIVERFRONT COMMISSION OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City has deemed it in the public interest to establish a commission to assist the City Council in the area of riverfront regulations and policy, and WHEREAS, Resolution No. 73-148 established a Riverfront Commission, and described its power, authority, membership and terms of members; and WHEREAS, Resolution No. 73-148 was subsequently amended by Resolutions No. 76-354 and No. 87-179 pertaining to membership of the Commission; and WHEREAS, the Commission and City Council deem it desirable to rename and expand the advisory scope of the Commission, and increase the number of City of Iowa City representatives on the Commission by one (1) member, NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Riverfront Commission is hereby renamed the "Riverfront and Natural Areas Commission." 2. The Commission shall investigate, study, review and analyze the needs and the meeting of needs for all natural waterways, woodlands, and wetlands within Iowa City, and including any legally designated fringe area around the limits of the City, and shall investigate and determine what rules and regulations are needed and what policy should be established relating to such natural areas, and shall study and investigate and make recommendations relating to the preservation or restoration of such natural areas and to the creation of trails and other recreational or aesthetic features within such areas. 3. The Riverfront and Natural Areas Commission of the City of Iowa City, Iowa, shall consist of eleven (11) members. Six (6) of the members must be eligible electors of the City of Iowa City; one (1) member shall be a resident of the City of Coralville; three (3) shall be residents of Johnson County, excluding residents of Iowa City and Coralville, and one (1) member shall represent the University of Iowa. The Commission members shall be appointed in the following manner. Ten (10) of the members, including those from outside Iowa City, shall be appointed by the City Council, Iowa City, upon recommendation by the Mayor. One (1) member of the Parks and Recreation Commission shall be appointed by the City Council of Iowa City upon the recommendation of the Parks and Recreation Commission. Members shall serve without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. 4. Any and all portions of Resolutions 87-179, 76-354, and 73-148, which are in conflict herewith are hereby repealed. ril Resolution No. 91-149 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: Novick the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 25th day of .lune . 1991. OR VVV Approyg by,57 ATTEST: Aa u� -e CITY -CLERK ppdadmi n\rcamend.res City Attorney's Office 1841 R* gK RESOLUTION NO. 91-150 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITYOF IOWA CITYAND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHO- RIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City'deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Domestic Violence Intervention Program is an agency which provides emergency shelter and related assistance to those who are homeless because of domestic violence; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency .Housing Shelter, and.the Youth Emergency Shelters I and ll. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic Violence Intervention Program attached hereto, and made a part hereof by this reference, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic Violence Intervention Program. It was moved by Ambrisco and seconded by C ,,,,-r„o47 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick vs b Resolution No. 91-t 5o Page 2 Passed and approved this 25th day of June , 1991. ATTEST:IIS... MW IW jccoghs\resolutn\dv p.esg /m� fro EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT This Emergency Shelter Grants Program Agreement was made and entered into on the 25th -day of June C , 1991, by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as Grantee), and the Domestic Violence Intervention Program (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract No. 91 -ES -006 with the State of Iowa Department of Economic Development (IDED). The Grantee shall make available to Provider the sum of $19,350 in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, No. 91 -ES -006, attached hereto as Exhibit I, and in accordance with any subsequent provisions, requirements and assurances promulgated by the State of Iowa that apply to said grant. Any subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above-mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this written Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be terminated. 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and the State of Iowa harmless from any and all liability, claims, damages and litigation arising from or incurred by reason of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, in no event shall Grantee transfer any ultimate fiscal responsibilities, including but not limited to, authority to request funds, authorization of activity status reports or final audit. 5. This Agreement shall be governed by the laws of the State of Iowa. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such invalid portion shall be severable and shall not invalidate or render unenforceable any other provision hereof. 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Amendments requiring State concurrence include any deviation from the Iowa -Grantee Program Schedule and Budget. The Provider shall be responsible for and adhere to the requirements listed below. Non- compliance may be grounds for Grantee cancelling, terminating, or suspending this contract A. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing 11510 2 regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. F. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. G. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and Uniform Audit requirements. H. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. 8. During the term of this Agreement, and for three years thereafter, Provider shall provide assistance to individuals who are victims of domestic violence, such assistance to include, but not be limited to, temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. Provider agrees to provide said services at the current Domestic Violence Shelter facility. Details of the services to be provided are outlined in the Domestic Violence Intervention Program's Information and Goals and Objectives Statement for FY92. As its sole obligation under this Agreement, the Grantee shall pay to Provider the sum of $19,350 to be used by Provider to support its shelter services. $9,050 of the total sum will be used to purchase and install exterior siding and attic/roof vents. The remaining $10,300 is to be used to meet the shelter's utility expenses for gas and electricity, water, sewage, trash removal, and telephone. 10. The City shall provide technical assistance regarding bidding procedures and awarding of contracts, but the Provider shall be responsible for all bidding procedures and awarding of contracts. All procedures shall be carried out in accordance with HUD standards, and shall be monitored by the City. rj0 3 11. All grant activities shall be completed in compliance with all applicable state and local building codes; and upon completion, shall be operated in compliance with all applicable state and local codes and ordinances. 12. Grant rehabilitation activities shall not be considered complete until after receipt of satisfactory lien waivers covering all work and materials installed, after the City has inspected and approved completed work, and after the Provider certifies that all work has been completed to its satisfaction. 13. The requirements of applicable sections of: 24 CFR 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A- 110 and A-128 shall apply to the use of funds disbursed under this Agreement. Copies of said Circulars are provided and by execution of this Agreement, the Provider acknowledges their receipt. 14. On or before the fifth day of each month during the term of this Agreement, Provider will provide to Grantee a monthly status of funds report describing the uses of funds received hereinunder, together with a performance report describing progress in reaching performance targets. 15. On or before January 5, 1992 and July 20, 1992, Provider will provide to Grantee final performance and funds reports. 16. During a period of three years following the term of this Agreement, Provider will provide to the Grantee quarterly reports which include statistics pertaining to the use of the shelter and a summary accounting of Provider's fiscal status. 17. All payments to the Provider shall be subject to the receipt by Grantee of a requisition for payment. The requisition shall be made no more frequently than once per month and by the fifth day of the month. Such requisition will clearly identify funds on hand, total expenditure and match to date, and any amount classified as an advance. Any cash draws requested by Provider shall be expended within 30 calendar days of receipt, or shall be immediately returned to the Grantee. 18. Provider acknowledges that the program under which it is to receive the funds provided herein is the Emergency Shelter Grants Program of the State of Iowa, that the source of funding for this program is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Provider shall be deemed a secondary recipient of federal monies. For every fiscal year (July 1 -June 30) in which it is a secondary recipient of federal monies, Provider shall have an audit performed according to the standards prescribed in the OMB Circular A-110. A copy of such audit report and findings must be submitted to the Grantee's Controller within 120 days after the close of that fiscal year. 19. The Provider shall provide uncontested access to contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the Grantee's close-out and audit, as well as other supporting documents and statistical records. ISO 4 20. Duly authorized representatives of the Grantee shall at all reasonable times have access to and the right to inspect, copy, audit, and examine all financial books, records, and other documents of the Provider, and to make site visits and survey participants in order to evaluate and monitor the Provider's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Provider's services. Site visits and participant surveys shall be done only after consultation with Provider's director regarding survey methods. 21. The Grantee's sole responsibility hereinunder shall be to provide the funds to Provider in accordance with the terms of this Agreement. Provider shall at all times be deemed an independent contractor and not a Grantee employee. Moreover, nothing contained in this Agreement shall be construed to create any special duty, relationship, association or third - party beneficiary by reason of the Provider's involvement with the Grantee. Further, neither the Grantee, nor any officer, employee, or agent of the Grantee shall have authority to direct the manner or means by which the Provider conducts its activities. 22. The Provider shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). 23. Project funds shall not be used directly or indirectly to employ, award contracts to, engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulation of the Department of Labor. 24. The construction or rehabilitation of residential structures with assistance provided under this contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented through regulations contained in 24 CFR Part 35. 25. The Grantee may terminate this contract, in whole or in part, at any time before the date of completion whenever it is determined that the Provider has failed to comply with the conditions of the contract. The Grantee shall promptly notify the Provider in writing of such default and the reasons for the termination, together with the effective date thereof. 26. This contract may be terminated upon 30 -days written notice by either party. This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. ISO For the Domestic Violence Intervention Program By: /**Vj/k rovider Chair Attest.. zt c � Executive !/rector �— Date: I jccoghslcontract\dv p.esg the City,of Iowa City, Iowa M Attest: N-w� Xw�/ City Clerk J Date: 4,11;5�/ 9/ Approved , City Attorney's Office ISd RESOLUTION NO. 91-95 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency Housing Shelter, and the Youth Emergency Shelters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Agreement for Iowa Emergency Shelter Grants Program funding attached hereto, and made a part hereof, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Grants Program funding. Itwas moved by courtney and seconded byuorot,isa the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _g_ Ambrisco X Courtney X Horowitz X Kubby �— Larson -� McDonald X Novick Passed and approved this 14th day of May , 1991. " /4& OR Approve&by ATTEST: CITY -CLERK City Attorney's Office 3,17141 jccog hs/agt•ided.res 1,50 Issuing Agency: Department of Economic Development Grantee: City of Iowa City, Iowa Fiscal Summary Federal Contract Title: Iowa Emergency Shelter Grants Program Contract Number: 91 -ES -006 Grantee Total Amount: $ 65,155 $65,155 $130,310 Source Agency/Law: U.S. Department of Housing and Urban Development; Stewart B. McKinney Homeless Assistance Act of 1988 Type: Cost reimbursement Effective Date: July 1, 1991 Submit requisitions to: ESGP Data Analyst Department of Economic Development 200 East Grand Avenue Des Moines, IA 50309 Expiration Date: June 30, 1992 Issue payment to: City of Iowa City 410 E. Washington St. Iowa City, IA 52240 The Grantee agrees to perform all services set forth in the attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties to this Contract shall be subject to and governed by the Special Conditions and the General Conditions. To the extent of any inconsistency between the Special Conditions or the General Conditions, and any specifications or other conditions which are made a part of this Contract, by reference or otherwise, the Special Conditions and the General Conditions shall control. To the extent of any inconsistency between the Special Conditions and the General Conditions, the Special Conditions shall control. IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last specified below. Grantee: Issuing Agency: City of Iowa City, IQwa By: Mayor Date: P City Attomey's Office 9"7/-1/ Department of Economic �Development Allan T. Thoms Director Date: iso Contract No. 91 -ES -006 Page #2 SPECIAL CONDITIONS Article 1.0 Identification of Parties. This contract is entered into by and between the Iowa Department of Economic Development, (hereafter referred to as the Department) and the City of Iowa City, Iowa (hereafter referred to as Grantee). Article 2.0 Statement of Purpose. WHEREAS,. Iowa's cities need to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Emergency Shelter Grants Program has been created by Congress to lessen this problem; and WHEREAS, the Department has been designated to administer the Emergency Shelter Grants Program in Iowa; and WHEREAS, the Grantee has the necessary ability to develop and carry out emergency shelter activities, and has been approved for funding; THEREFORE, the parties hereto do agree as follows: Article 3.0 Area Covered. The Grantee shall perform all the work and services required under this Contract in relation to providing emergency shelter assistance to: Domestic Violence Shelter, Emergency Housing Shelter, and Youth Emergency Shelters I and II. Article 4.0 Statement of Work and Services. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the approved grant proposal as summarized in the Grantee's approved 1991 Emergency Shelter Grants Program Schedule. This Program Schedule is hereby made a part of this Contract by reference. Article 5.0 Reports and Products. reports: Report Activity Status Report ("D") Payment Request/Status of Funds ("C") Summary Performance"Report ("E") Audit Report The Grantee shall submit the following Due Date 10th of the month accompanying any funds request (original and one copy) 10th of every month when requesting funds (original and three copies) Within 30 days of Contract Completion and within 15 days of the end of a calendar year. In accordance with Single Audit Act of 1984. The Department reserves,the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more (so VLG116ec. VLL)I v1 XU -G v1..y, Lv . Contract No. 91 -ES -006 Page #3 frequent submissions would help improve Grantee's Emergency Shelter Grants Program. Article 6.0 Designation of Officials. 6.1 Department - The Director of the Iowa Department of Economic Development, or his designee; is the Department official authorized to execute or negotiate any changes in the terms, conditions, or amounts specified in this Contract. 6.2 Grantee - The Mayor of the City of Iowa City, Iowa, is the Grantee official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. The Human Services Coordinator of the City of Iowa City is designated to negotiate, on behalf of the Grantee, any changes to this Contract. Article 7.0 Time of Performance. The services of the Grantee are to commence as of the 1st day of July, 1991 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1992. Article 8.0 Additional Special Conditions. 8.1 Audit Requirements. Grantee audits shall be conducted in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128, and the GAO publication "Standards for Audit of Governmental Organizations, Programs, Activities and Functions." 8.2 Performance of Conditions Precedent. The Grantee certifies that it has satisfied all conditions precedent to the award of the Contract. 8.3 Compliance with Environmental Requirements. Funds shall not be released under this Contract until the Grantee has satisfied the environmental requirements set forth in 24 CFR Part 576, "Emergency Shelter Grants Program". 8.4 Administration. The Contract shall be administered in accordance with Chapter 24, Iowa Administrative Code and all applicable State and Federal law and regulations. 8.5 Local Effort Requirements. 8.5..E Cash. If the grantee agrees to provide cash contribution to the Project as part of the approved budget summary then such contribution shall be provided in accordance with the contract budget and program schedules. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. 8.5.2 In -Kind. If the grantee agrees to provide in-kind contributions to the Project then said contribution (5D Contract No. 91 -ES -006 Page #4 shall be as shown in the approved budget and program schedules. 8.5.3 It is expressly understood by the Grantee that should local effort not at least equal grant funds expended the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (Article 5.0) the grantee shall identify the cash and in-kind local efforts contributed during the report period. 8.6 Prior Costs. If the Grantee has received written approval from the Department to incur certain costs prior to the effective date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and made a part of this Contract by this reference as if fully set forth. Any such costs incurred prior to the effective date of this Contract are subject to the Special Conditions and General Conditions of this Contract. 8.7 Failure to Achieve Performance Targets. In the event that the Grantee does not achieve the performance targets specified in the Program Schedule, then federal funds awarded will be subject to disallowance. The maximum percentage of federal funds which may be disallowed due to failure to achieve performance targets will be equal to the percentage of the performance targets not achieved. Article 9.0 Conditions of Pavment 9.1 Maximum Payments. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget under Article 10.0 subject to Section 4.0 herein. It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed sixty-five thousand one hundred fifty-five dollars ($65,155) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Payment Request/Status of Funds. All payments to the Grantee shall be subject to the receipt by the Department of a request/status of funds report. The requisition shall be made according to the format specified by the Department and accepted by the Agency not more often than once per month as required in Article 5.0. Such request will clearly identify program funds on hand, total expenditure and match to date, and any amount classified as advance per 24 CFR 576.83. Any funds drawn down shall be expended within 10 calendar days of receipt, or shall be returned to the Department immediately in accordance with the requirements of 24 CFR 576.83. The Department reserves the right to withhold funds until it has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. r 5o ULaLILUC; UL Ly UL IUWa VlUy, lUW3 Contract No. 91 -ES -006 Page #5 9.3 Receipt of Federal Funds. All payments hereunder shall be subject to the receipt of federal grant funds by the Department. The termination, reduction, or delay of federal grant funds to the Department shall, at the option of the Department, be reflected in a corresponding modification to the conditions of this Contract. 9.4 Subrecipient Agreement. The Department, prior to the release of funds for the Activity(ies), shall review and approve the subrecipient agreement between the grantee and approved subrecipient(s). 9.5 Residential Anti/Displacement and Relocation Assistance Plan Approval. The Department, prior to release of funds for the Activity(ies),.shall review and approve the Grantee's Residential Anti/Displacement and Relocation Assistance Plan, consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974, as amended. 9.6 Excessive Force By Law Enforcement (Nonviolent Civil Rights Demonstrations). The Department, prior to release of funds for the Activity(ies), shall review and approve the grantee's Policy Prohibiting the Use of Excessive Force Against Individuals Participating in Nonviolent Civil Rights Demonstrations, consistent with the requirements of Section 519 of Public Law 101-144, (the HUD appropriations Act). Article 10.0 Project Budget GRANTEE: City of Iowa City Act. 1 - Renovation/Rehabilitation Act. 2 - Essential Services Act. 3 - Maintenance, Operation, Insurance, Utilities, and Furnishings Act. 4 - Homeless Prevention Grantee Administration TOTALS CONTRACT NUMBER 91 -ES -006 ESGP GRANTEE TOTAL $ 29,050 $ -0- $ 29,050 $ -0- $ -0- $ 33,750 $ -0- $ 2,355 $ 65,155 $ 65,155 $ -0- $ 98,905 $ -0- $ -0- -0- $ 2,355 $ 65,155 $130,310 (SO GENERAL CONDITIONS IOWA EMERGENCY SHELTER GRANTS PROGRAM (1991) Section 1.0 Amendment of this Document The Department or the Grantee may, during the duration of this Contract, deem it necessary to make alterations to the provisions of this Contract. Any changes to the Special and/or General Conditions of this Contract, which are approved by. the Department, shall be incorporated herein. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any condition of this contract must be in writing from the duly authorized official of the Department specified in Article 6.1 of the Special Conditions. Section 2.0 Patent and Copyright No material or product produced in whole or in part under this Contract shall be subject to patent or copyright by the Grantee in the United States or in any other country. Section 3.0 Accounts and Records 3.1 Accounts - The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs and expenses incurred and revenues received under this Contract to the extent and in such detail'as will properly reflect all costs, direct and indirect, of labor', materials, equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract,*as specified in Chapter 24.12, Iowa Administrative Code and. OMB Circular A-102. 3.2 Audit and Inspection - At any time during normal business hours and . as frequently as is deemed necessary, the Grantee shall make available to the Department, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this Contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Contract. 3.3 Audit Policy - Audits shall be performed in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular A-128 and the GAO publication "Government Auditing Standards". 3.4 Retention of Records - All records in the possession of the Grantee pertaining to this Contract shall be retained by the Grantee for a period of three (3) years beginning with the date of the final close-out and audit acceptance. All records shall be retained beyond the three year period if audit findings have not been resolved within that period. Records for non - expendable property acquired under this Contract shall be retained for a three (3) year period after the final disposition of property. Additional records shall be retained in accordance with Chapter 24, Iowa Administrative Code. 1 (60 termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department share of the noncancellable .obligations, properly incurred by the Grantee prior to termination. 5.4 Rights in Incompleted Products - In the event the Contract is terminated, all finished or unfinished documents, data, reports or other material prepared by the Grantee under this Contract shall, at the option of the Department, become its property, and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Section 6.0 Civil Rights Provisions The grantee shall be responsible for and adhere to the requirements of: 6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations.; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. .6.2 The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 6.3 The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. 6.4 The requirements of section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. 6.5 The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 6.6 The requirements of the Anti -Drug Abuse Act of 1988 (P. L. 100- 690) - Grantees will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. 6.7" Noncompliance with the Civil Rights Laws - In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing ocher sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 6014, Code of Iowa, 1989) or as otherwise provided by law.' 6.8 The Grantee will include the provisions of Sections 6.1 through 6.6 in every subcontract unless exempt by the State of Iowa, and said provisions 3 1TJD Section 9.0 Personnel 9.1 Selection - The Grantee represents that he has, or will secure, all personnel required in performing the work and services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Department. 9.2 Qualification - All of the work and services required hereunder will be performed by the Grantee or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. Section 10.0 Environmental and Flood Insurance Requirements 10.1 The Grantee shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). Section 11.0 Contractors and Subrecioients Limited Project funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations of the Department of Labor. Section 12.0 Lead -Based Paint The construction or rehabilitation of residential structures with assistance provided under this Contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations contained in 24 CFR Part 35. Section 13.0 Contract Coverage This instrument, and any referenced attachments hereto or documents referred to herein, contains the entire agreement between the parties and any statements, inducements or promises not contained herein shall not be binding upon said parties. This Contract shall be binding upon the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record of this state, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict with the law and such remaining portion or portions of the agreement shall remain in effect and shall be construed as if' such invalid or conflicting portion of such agreement were not contained herein. Section 14.0 Litigation The Grantee agrees to pay the cost of any litigation arising from failure of the Grantee to comply with the rules and regulations in this Contract or resulting from the negligence or incompetence of the Grantee. In carrying out the provisions of the Contract or in exercising any power or authority granted 5 (5o IOWA EMERGENCY SHELTER GRANTS PROGRAM ATTACHMENT B Grantee: City of IOWA MY, Iowa Address: 410 E Washington SL, Iowa City, Iowa 52240 Homeless Agency(s): (A)Domestic Violence Shelter, (BF-rnergenry Hoeing Sheter. (Mouth Emergency She BUDGET SUMMARY PAGE _ cf To be filled In by OED Original • _ Amendmenlx Fid Rep Slim PROJECT DESCRIPTION PERFORNANCETARGET AMOLR(r BUDGETED ESGP OTHER TOTAL Acdvty 1: RENOVATION MD REHABLJTATiON R.frdiftetlon ImFm reenb- (A) Exterior Siding and AttluRoef Verde. $g,060 $9,060 (B) Encims A Remrete 12 of Fnmt Porch u Office Area. $2010m 120.000 SUBTOTAL: Mom Activty 2 ESSENTIAL SERVICES SUBTOTAL: 10 Activty 3: MNNT., OPEN_, K%M. UTL, R1RN. lJtltl6w- Tole. NPM. (5)17W. (CMW 10.1+0 $0.440 QUA13-0. (Aj44Q, (B)E00. (Cpm $17'440 $17.440 VWWWlSwuNrrash (APM, (B)MM. (C)MO 1B.Q0 ie<.Q70 MATCH- VafuntwHre40115),(A)@'bra. $42 635 $42,635 f$fr0AR)mx8ARRR. (8)3500 1�yRD *G»6 (C)1000 $22,520 $22,520 Cash (B)$12,735(C)$9,785 SUNTQTAL: $06= MOM 4: HOr+F1 ESS PREVENTION S119TCTAL• $0 GRANTEEADMWISTRATION: (Aud. Revortln0. Locs!Caordkrtfonl =5 $3x66 TOTAL AMOUNT OF ALL HINDS BUDGETED: 00.1tt1 ti66:im pmalo iso Iowa Emergency Shelter Grants Program la Dept, of Econcoric Development 200 East Grand Ave. Des Moines, Iowa 50309 Applic-mt: city of Iowa Ci, Address: 410 E. Washington St Iowa City S'rnelte=(s):(a) Domestic Violence Shelter (b) Emergency Housing Shelter (c) Youth Emergency Shelter I (d) Youth Emergency Shelter II Accomolishment ScheduTp ;Performance Target (s). 1st Qtr. 2nd Q¢•. 3rd Qc. 4th Qs. "Lt=vitt' 1- Rehabilitaticri i'iDs.-� JUL AUG SEPIOCT NOV DEC IJAN FEB MARIAPR --- MAYJUN --- Performance Taroet(s) --- --- --- --- --- -- --X' X-------------------------- A) (a)Exterior Siding (bid, contract work) X- --- --- --- -X - --X X- --- --- ---------------- B) (a) Attic Venting (bid, contract work) X- --- --- ---.,-x --- - --X NowX- --- --- -- C) (b) Enclose Front Porch (design, bid, --- X- --- --- -----X - --X x 1Ltivity 3- Maint..Ooe=s.,Ins. ,Uti1s.,Fu= . Nerrormance arget(s) contract work) X X- --- --- --- --- --- ---- --= --- -X �rri�wYwra X- --- --- --- --- --- ---- --- --- -X . ir�rir X(a) X(b, ,d) ;Performance Target (s). A) (a,b,c,d) Volunteer Hours MATCH X- --- ---. --- ---- --- --- --- --- --- -- --X' X-------------------------- --- --- --- - --X X- --- --- ---------------- --- I -- --- - --X NowX- --- --- -- - - --- --- --- --- -------------- --- - --X x 1Ltivity 3- Maint..Ooe=s.,Ins. ,Uti1s.,Fu= . Nerrormance arget(s) X X X X g) (a,b,c,d) Utilities (telephone, gas & X----------------- -- --- --- --- --- - --X electric, water/sewer/trash) X(a) X(b, ,d) X(b)X(b) X(a c^Lvivr 4- Han--' ess Prevait'_on )rrgrnance Target(s) l ) 0 RESOLUTION NO. 91-151 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Emergency Housing Project is an agency which provides emergency shelter and related assistance to homeless individuals; and . WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency Housing Shelter, and the Youth Emergency Shelters I and ll. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Agreement for Iowa Emergency Shelter Grants Program funding of the Emergency Housing Project attached hereto, and made a part hereof by this reference, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Shelter Grants Program funding of the Emergency Housing Project. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: X X X NAYS: ABSENT: Ambrisco Courtney Horowitz X Kubby X Larson X McDonald X Novick I sit Resolution No. 91-151 Page 2 Passed and approved this 25th day of June. . 1991. ATTEST: jccog hs\resolutn\e h p. esg 1,111110AI m��� (51 EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT This Emergency Shelter Grants Program Agreement was made and entered into on the 25th_ day of 1991, by and between the City of Iowa City, Iowa, a municipal co oration (hereinafter referred to as Grantee), and the Emergency Housing Project (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract No. 91 -ES -006 with the State of Iowa Department of Economic Development (IDED). The Grantee shall make available to Provider the sum of $29,450 in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, No. 91 -ES -006, attached hereto as Exhibit I, and in accordance with any subsequent provisions, requirements and assurances promulgated by the State of Iowa that apply to said grant. Any subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above-mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this written Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be terminated. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and the State of Iowa harmless from any and all liability, claims, damages and litigation arising from or incurred by reason of this Agreement. 4. This Agreement shall be binding upon the. Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, in no event shall Grantee transfer any ultimate fiscal responsibilities, including but not limited to, authority to request funds, authorization of activity status reports or final audit. This Agreement shall be governed by the laws of the State of Iowa. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such invalid portion shall be severable and shall not invalidate or render unenforceable any other provision hereof. 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Amendments requiring State concurrence include any deviation from the Iowa -Grantee Program Schedule and Budget. The Provider shall be responsible for and adhere to the requirements listed below. Non- compliance may be grounds for Grantee cancelling, terminating, or suspending this contract. A. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing f51 regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701 u. E. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. G. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and Uniform Audit requirements. H. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. 8. During the term of this Agreement, and for three years thereafter, Provider shall provide assistance to individuals who are homeless at the Emergency Housing Shelter at 331 N. Gilbert Street, Iowa City, Iowa, such assistance to include, but not be limited to, temporary shelter and food, advocacy and referral. Details of the services to be provided are outlined in the Emergency Housing Project's Information and Goals and Objectives Statement for 1991. 9. As its sole obligation under this Agreement, the Grantee shall pay to Provider the sum of $29,450 to be used by Provider to support its shelter services. $20,000 of the total sum will be used to enclose the shelter's front porch. The remaining $9,450 is to be used to meet the shelter's utility expenses for gas and electricity, water, sewage, trash removal, and telephone. 10. The City shall provide technical assistance regarding bidding procedures and awarding of contracts, but the Provider shall be responsible for all bidding procedures and awarding of contracts. All procedures shall be carried out in accordance with HUD standards, and shall be monitored by the City. 1.51 3 11. All grant activities shall be completed in compliance with all applicable state and local building codes; and upon completion, shall be operated in compliance with all applicable state and local codes and ordinances. 12. Grant rehabilitation activities shall not be considered complete until after receipt of satisfactory lien waivers covering all work and materials installed, after the City has inspected and approved completed work, and after the Provider certifies that all work has been completed to its satisfaction. 13. The requirements of applicable sections of: 24 CFR 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A- 110 and A-128 shall apply to the use of funds disbursed under this Agreement. Copies of said Circulars are provided and by execution of this Agreement, the Provider acknowledges their receipt. 14. On or before the fifth day of each month during the term of this Agreement, Provider will provide to Grantee a monthly status of funds report describing the uses of funds received hereinunder, together with a performance report describing progress in reaching performance targets. 15. On or before January 5, 1992 and July 20, 1992, Provider will provide to Grantee final performance and funds reports. 16. During a period of three years following the term of this Agreement, Provider will provide to the Grantee quarterly reports which will include statistics pertaining to the use of the shelter and a summary accounting of Provider's fiscal status. 17. All payments to the Provider shall be subject to the receipt by Grantee of a requisition for payment. The requisition shall be made no more frequently than once per month and by the fifth day of the month. Such requisition will clearly identify funds on hand, total expenditure and match to date, and any amount classified as an advance. Any cash draws requested by Provider shall be expended within 30 calendar days of receipt, or shall be immediately returned to the Grantee. 18. Provider acknowledges that the program under which it is to receive the funds provided herein is the Emergency Shelter Grants Program of the State of Iowa, that the source of funding for this program is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Provider shall be deemed a secondary recipient of federal monies. For every fiscal year (July 1 -June 30) in which it is a secondary recipient of federal monies, Provider shall have an audit performed according to the standards prescribed in the OMB Circular A-110. A copy of such audit report and findings must be submitted to the Grantee's Controller within 120 days after the close of that fiscal year. 19. The Provider shall provide uncontested access to contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the Grantee's close-out and audit, as well as other supporting documents and statistical records. 1151 4 20. Duly authorized representatives of the Grantee shall at all reasonable times have access to and the right to inspect, copy, audit, and examine all financial books, records, and other documents of the Provider, and to make site visits and survey participants in order to evaluate and monitor the Provider's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Provider's services. Site visits and participant surveys shall be done only after consultation with Provider's director regarding survey methods. 21. The Grantee's sole responsibility hereinunder shall be to provide the funds to Provider in accordance with the terms of this Agreement. Provider shall at all times be deemed an independent contractor and not a Grantee employee. Moreover, nothing contained in this Agreement shall be construed to create any special duty, relationship, association or third - party beneficiary by reason of the Provider's involvement with the Grantee. Further, neither the Grantee, nor any officer, employee, or agent of the Grantee shall have authority to direct the manner or means by which the Provider conducts its activities. 22. The Provider shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). 23. Project funds shall not be used directly or indirectly to employ, award contracts to, engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulation of the Department of Labor. 24. The construction or rehabilitation of residential structures with assistance provided under this contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented through regulations contained in 24 CFR Part 35. 25. The Grantee may terminate this contract, in whole or in part, at any time before the date of completion whenever it is determined that the Provider has failed to comply with the conditions of the contract. The Grantee shall promptly notify the Provider in writing of such default and the reasons for the termination, together with the effective date thereof. 26. This contract may be terminated upon 30 -days written notice by either party. This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. list For the Emergency Housing Project By:� .� Q Pc.dvider Chair Attest: �f , Execufv erector Date: ~7 A;v jccog hs\contrac1\ehp. esg For the City of Iowa City, Iowa Attest: Z% d 7r. City tlerk Date: /JAN //i/�� RESOLUTION NO. 91-95 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency Housing Shelter, and the Youth Emergency Shelters. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Agreement for Iowa Emergency Shelter Grants Program funding attached hereto, and made a part hereof, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Grants Program funding. It was moved by courtney and seconded by u,,Owita the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby Larson X— McDonald X Novick Passed and approved this 14th day of May , 1991, OR Approv y ATTEST: �TY �J • 7t*� ;7,tlCI CLERK City Attomey's Office jccoghs/agt-ided.res 151 Issuing Agency: Department of Economic Development Grantee: City of Iowa City, Iowa Fiscal Summary Federal Contract Title: Iowa Emergency Shelter Grants Program Contract Number: 91 -ES -006 Grantee Total Amount: $ 65,155 $65,155 $130,310 Source Agency/Law: U.S.,Department of Housing and Urban Development; Stewart B. McKinney Homeless Assistance Act of 1988 Type: Cost reimbursement Effective Date: July 1, 1991 Submit requisitions to: ESGP Data Analyst Department of Economic Development 200 East Grand Avenue Des Moines, IA 50309 Expiration Date: June 30, 1992 Issue payment to: City of Iowa City 410 E. Washington St. Iowa City, IA 52240 The Grantee agrees to perform all services set forth in the attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties to this Contract shall be subject to and governed by the Special Conditions and the General Conditions. To the extent of any inconsistency between the Special Conditions or the General Conditions, and any specifications or other conditions which are made a part of this Contract, by reference or otherwise, the Special Conditions and the General Conditions shall control. To the.extent of any inconsistency between the Special Conditions and the General Conditions, the Special Conditions shall control. IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last specified below. Grantee: Issuing Agency: City of Iowa City, I wa DepartmentofEconomic Development By: aC/G 4y:ti- Mayor Allan T. Thoms Director Date: /./`�� 9l Date: P City Attomey's Office f Vqf l5l Contract No. 91 -ES -006 Page #2 SPECIAL CONDITIONS Article 1.0 Identification of Parties. This contract is entered into by and between the Iowa Department of Economic Development, (hereafter referred to as the Department) and the City of Iowa City, Iowa (hereafter referred to as Grantee). Article 2.0, Statement of Purpose. WHEREAS, Iowa's cities need to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Emergency Shelter Grants Program has been created by Congress to lessen this problem; and WHEREAS, the Department has been designated to administer the Emergency Shelter Grants Program in Iowa; and WHEREAS, the Grantee has the necessary ability to develop and carry out emergency shelter activities, and has been approved for funding; THEREFORE, the parties hereto do agree as follows: Article 3.0 Area Covered. The Grantee shall perform all the work and services required under this Contract in relation to providing emergency shelter assistance to: Domestic Violence Shelter, Emergency Housing Shelter, and Youth Emergency Shelters I and II. Article 4.0 Statement of Work and Services. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as written and described in the approved grant proposal as summarized in the Grantee's approved 1991 Emergency Shelter Grants Program Schedule. This Program Schedule is hereby made a part of this Contract by reference. Article 5.0 Reports and Products reports: Report Activity Status Report ("D") Payment Request/Status of Funds ("C") Summary Performance Report ("E") Audit Report The Grantee shall submit the following Due Date 10th of the month accompanying any funds request (original and one copy) 10th of every month when requesting funds (original and three copies) Within 30 days of Contract Completion and within 15 days of the end of a calendar year. In accordance with Single Audit Act of 1984. The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more I'M Contract No. 91 -ES -006 Page #3 frequent submissions would help improve Grantee's Emergency Shelter Grants Program. Article 6.0 Designation of Officials. 6.1 Department - The Director of the Iowa Department of Economic Development, or his designee, is the Department official authorized to execute or negotiate any changes in the terms, conditions, or amounts specified in this Contract. 6.2 Grantee - The Mayor of the City of Iowa City, Iowa, is the Grantee official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. The Human Services Coordinator of the City of Iowa City is designated to negotiate, on behalf of the Grantee, any changes to this Contract. Article 7.0 Time of Performance. The services of the Grantee are to commence as of the 1st day of July, 1991 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1992. Article 8.0 Additional Special Conditions. 8.1 Audit Requirements. Grantee audits shall be conducted in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128, and the GAO publication "Standards for Audit of Governmental Organizations, Programs, Activities and Functions." 8.2 Performance of Conditions Precedent. The Grantee certifies that it has satisfied all conditions precedent to the award of the Contract. 8.3 Compliance with Environmental Requirements. Funds shall not be released under this Contract until the Grantee has satisfied the environmental requirements set forth in 24 CFR Part 576, "Emergency Shelter Grants Program". 8.4 Administration. The Contract shall be administered in accordance with Chapter 24, Iowa Administrative Code and all applicable State and Federal law and regulations. 8.5 Local Effort Requirements. 8.5.1 Cash. If the grantee agrees to provide cash contribution to the Project as part of the approved budget summary then such contribution shall be provided in accordance with the contract budget and program schedules. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. 8.5.2 In -Kind. If the grantee agrees to provide in-kind contributions to the Project then said contribution t5% Contract No. 91 -ES -006 Page #4 shall be as shown in the approved budget and program schedules. 8.5.3 It is expressly understood by the Grantee that should local effort not at least equal grant funds expended the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (Article 5.0) the grantee shall identify the cash and in-kind local efforts contributed during the report period. 8.6 Prior Costs. If the Grantee has received written approval from the Department to incur certain costs prior to the effective date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and made a part of this Contract by this reference as if fully set forth. Any such costs incurred prior to the effective date of this Contract are subject to the Special Conditions and General Conditions of this Contract. 8.7 Failure to Achieve Performance Targets. In the event that the Grantee does not achieve the performance targets specified in the Program Schedule, then federal funds awarded will be subject to .disallowance. The maximum percentage of federal funds which may be disallowed due to failure to achieve performance targets will be equal to the percentage of the performance targets not achieved. Article 9.0 Conditions of Payment 9.1 Maximum Payments. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget under Article 10.0 subject to Section 4.0 herein. It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed sixty-five thousand one hundred fifty-five dollars ($65,155) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Payment Request/Status of Funds. All payments to the Grantee shall be subject to the receipt by the Department of a request/status of funds report. The requisition shall be made according to the format specified by the Department and accepted by the Agency not more often than once per month as required in Article 5.0. Such request will clearly identify program funds on hand, total expenditure and match to date, and any amount classified as advance per 24 CFR 576.83. Any funds drawn down shall be expended within 10 calendar days of receipt, or shall be returned to the Department immediately in accordance with the requirements of 24 CFR 576.83. The Department reserves the right to withhold funds until it has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. O1 dlILCC, li1Ly VL luwa filly, 1UW" Contract No. 91' -ES -006 Page #5 9.3 Receipt of Federal Funds. All payments hereunder shall be subject to the receipt of federal grant funds by the Department. The termination, reduction, or delay of federal grant funds to the Department shall, at the option of the Department, be reflected in a corresponding modification to the conditions of this Contract. 9.4 Subrecipient Agreement. The Department, prior to the release of funds for the Activity(ies), shall review and approve the subrecipient agreement between the grantee and approved subrecipient(s). 9.5 Residential Anti/Displacement and Relocation Assistance Plan Approval. The Department, prior to release of funds for the Activity(ies), shall review and approve the Grantee's Residential Anti/Displacement and Relocation Assistance Plan, consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974, as amended. 9.6 Excessive Force By Law Enforcement (Nonviolent Civil Rights Demonstrations). The Department, prior to release of funds for the Activity(ies), shall review and Approve the grantee's Policy Prohibiting the Use of Excessive Force Against Individuals Participating in Nonviolent Civil Rights Demonstrations, consistent with the requirements of Section 519 of Public Law 101-144, (the HUD appropriations Act). Article 10.0 Project Budget GRANTEE: City of Iowa Cites Act. 1 - Renovation/Rehabilitation Act. 2 - Essential Services Act. 3 - Maintenance, Operation, Insurance, Utilities, and Furnishings Act. 4 - Homeless Prevention Grantee Administration TOTALS CONTRACT NUMBER 91 -ES -006 ESGP GRANTEE TOTAL $ 29,050 $ -0- $ 29,050 $ -0- $ -0- $ 33,750 $ -0- $ 2,355 $ 65,155 $ 65,155 $ -0- $ 98,905 $ -0- $ -0- $ -0- $ 2,355 $ 65,155 $130,310 ISI GENERAL CONDITIONS IOWA EMERGENCY SHELTER GRANTS PROGRAM (1991) lection 1.0 Amendment of this Document The Department or the Grantee may, during the duration of this Contract, deem it necessary to make alterations to the provisions of this Contract. Any changes to the Special and/or General Conditions of this Contract, which are approved by the Department, shall be incorporated herein. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any condition of this contract must be in writing from the duly authorized official of the Department specified in Article 6.1 of the Special Conditions. Section 2.0 Patent and Convrieht No material or product produced in whole or in part under this Contract shall be subject to patent or copyright by'the Grantee in the United States or in any other country. Section 3.0 Accounts and Records 3.1 Accounts - The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs and expenses incurred and revenues received under this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract,'as specified in Chapter 24.12, Iowa Administrative Code and OMB Circular A-102. 3.2 Audit and Inspection - At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make available to the Department, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this Contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Contract. 3.3 Audit Policy - Audits shall be performed in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular A-128 and the GAO publication "Government Auditing Standards". 3.4 Retention of Records - All records in the possession of the Grantee pertaining to this Contract shall be retained by the Grantee for a period of three (3) years beginning with the date of the final close-out and audit acceptance. All records shall be retained beyond the three year period if audit findings have not been resolved within that period. Records for non - expendable property acquired under this Contract shall be retained for a three (3) year period after the final disposition of property. Additional records shall be retained in accordance with Chapter 24, Iowa Administrative Code. 1 (51 termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department share of the noncancellable obligations, properly incurred by the Grantee prior to termination. 5.4 Rights in Incompleted Products - In the event the Contract is terminated, all finished or unfinished documents, data, reports or other material prepared by the Grantee under this Contract shall, at the option of the Department, become its property, and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Section 6.0 Civil Rights Provisions The grantee shall be responsible for and adhere to the requirements of: 6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations,; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. 6.2 The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 6.3 The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. 6.4 The requirements of section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. 6.5 The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business 'enterprises in connection with activities funded under this part. 6.6 The requirements of the Anti -Drug Abuse Act of 1988 (P. L. 100- 690) - Grantees will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. 6.7 Noncompliance with the Civil Rights Laws - In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa, 1989) or as otherwise provided by law. 6.8 The Grantee will include the provisions of Sections 6.1 through 6.6 in every subcontract unless exempt by the State of Iowa, and said provisions Section 9.0 Personnel 9.1 Selection - The Grantee represents that he has, or will secure, all personnel required in performing the work and services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Department. 9.2 Qualification - All of the work and services required hereunder will be performed by the Grantee or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. Section 10.0 Environmental and Flood Insurance Requirements 10.1 The Grantee shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). Section 11.0 Contractors and Subrecioients Limited Project funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations of the Department of Labor. Section 12.0 Lead -Based Paint The construction or rehabilitation of residential structures with assistance provided under this Contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations contained in 24 CFR Part 35. Section 13.0 Contract Coverage This instrument, and any referenced attachments hereto or documents referred to herein, contains the entire agreement between the parties and any statements, inducements or promises not contained herein shall not be binding upon said parties. This Contract shall be binding upon the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record of this state, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict with the law and such remaining portion or portions of the agreement shall remain in effect and shall be construed as if such invalid or conflicting portion of such agreement were not contained herein. Section 14.0 Litigation The Grantee agrees to pay the cost of any litigation arising from failure of the Grantee to comply with the rules and regulations in this Contract or resulting from the negligence or incompetence of the Grantee. In carrying out the provisions of the Contract or in exercising any power or authority granted 5 (61 IOWA EMERGENCY SHELTER GRANTS PROGRAM PACE_d_ ATTACHMENT B Grantee: City of IOWA CITY, Iowa Address: 410 E Washington SL, Iowa City, Iowa SM40 Homeless Agency(s): (A)Domestic Violence Shelter, (B)IErrwgencyMooing Sheltw,(C)VoutA EmwgencySM BUDGET SUMMARY To be fllied In by DEO crigirri _ Amwrdmerd I Fid Rep Sgn PROJECT DESCRIPTION PERFORmANCETARGET AWOL*" BUDGETED ESOP OTHER TOTAL AcW41: RENOVATION 11ND REHABL rrATION Reh.difietion Impowmente- (A) Echorior Skiing end AtNNRod Vents. $0,050 Waso (B) Fsdoee d Renaveb 12 of Front Porch Y Office Area. fa.� i:D,00a SUBTOTAL: M050 AcW42 ESSENTIAL SERVICES SUBTOTAL: 60 ACOAty 3 MAINT., OPER., INSUR, UTTL, FURN. Utlt3ae.- Tele. CAPM, (5)1750, (Lim $91A0 $9.440 Qmlawo. YOM, (B)45M, (C)05W itt wo $17,440 WendBerrar/Treeh (A)Z213, (0)3=, (c)"M la ero $11AM MATOi- VokwwwHm4•05).(A)4027hre. $42 635 $42,635 fNAMIwNX(TARRR. (B)3500 ig"i) (C)1000 $22,520 $22,520 Cash (B)$12,735(C)$9,785• StuTOTAL: . 110= AaGrly 4: HOMELESS PREVENTION SUBTOTAL: to G&A.WrEEADM"STRADON: (Aur:. Saporft M L=W Caddkrtfon) 226 127 TOTAL AMOUNT OF ALL FUNDS BUDGETED:tuoafo Vs( Iowa &rR--.ency Shelter GYazts Progr= Ia Dept. of Economic Develo�-nt 200 East Grand Ave. Des Mines, Iowa 50304 Applicant: City of Iowa City Address: 410 E. Washington St., Iowa City S'nelter(s):(a) Domestic Violence Shelter (b) Emergency Housing Shelter (c) Youth Emergency Shelter I Accomnlichmonl-� YouthEmergencyShelter II ;Performance Target(s). 1st Qtr. 2nd Qtr. 3rd QC. 4th Qtr. Activity 1- Rehabilitation MOs. 4 JUL AUG SEP CTCT NOV DECIJAN --- FEB MARIAPR --- MAY JUN Performance Taraet(s) X- --- --- --- ---- --- --- --- --- A) (a)Exterior Siding (bid, contract work) X----- --X --- ---�-X B) (a) Attic Venting (bid, contract work) X- --- x Jai -- -- - - --- --- C) (b) Enclose Front Porch (design, bid, --- X- --- --- --- -X Nerrormance arget(s) contract work) X X X X B) (a,b,c,d) Utilities (telephone, gas & X- --- --- -- -- ----------- X- --- --- --- --- --- -------- --- -X X(a)X(b, _ rril��iwwila X- --- --- --- --- --- ------------ -- -- -X ctivity 4- Homeless PrevEnricn . ir�rir ;Performance Target(s). A) (a,b,c,d) Volunteer Hours MATCH X- --- --- --- ---- --- --- --- --- --- --.--x X- --- --- --- ---- --- --- --- --- --- -- --X X------------------------------ --- --- ----- x Jai -- -- - - --- --- --- --- -- ----- X Ictivity 3- Mainz.,0oers.,Ihs.,Utils.,Fu= s. Nerrormance arget(s) X X X X B) (a,b,c,d) Utilities (telephone, gas & X- --- --- -- -- ----------- --- --- -- --X electric, water/sewer/trash) X(a)X(b, ,d) X(b)X(b) X(a - X- --- --- -- - - - --- - -- -- -- -X ctivity 4- Homeless PrevEnricn `,rronnance Targets) n--__ __-__ T.--_-_ - • - __ -_ is +5 ZPA RESOLUTION NO. 91-152 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, Youth Homes, Inc. is .an agency which provides emergency shelter and related assistance to homeless youth; and WHEREAS, the Iowa State Department of .Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency Housing Shelter, and the Youth Emergency Shelters I and ll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Agreement for Iowa Emergency Shelter Grants Program funding of Youth Homes, Inc. attached hereto, and made a part hereof by this reference, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Shelter Grants Program funding of Youth Homes, Inc. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 16y Resolution No. 91-152 Page 2 Passed and approved this ATTEST:_ C jccog hs\resolutn\y hi. esg 25th day of June 1991. ... // . A 0 (6a EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT This Emergency Shelter Grants Program Agreement was made and entered into on the 25th day of June . 1991, by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as Grantee), and Youth Homes, Inc. (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract No. 91 -ES -006 with the State of Iowa Department of Economic Development (IDED). The Grantee shall make available to Provider the sum of $14,000 in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, No. 91 -ES -006, attached hereto as Exhibit 1, and in accordance with any subsequent provisions, requirements and assurances promulgated by the State of Iowa that apply to said grant. Any subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above-mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this written Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be terminated. . 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and the State of Iowa harmless from any and all liability, claims, damages and litigation arising from or incurred by reason of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, in no event shall Grantee transfer any ultimate fiscal responsibilities, including but not limited to, authority to request funds, authorization of activity status reports or final audit. 5. This Agreement shall be governed by the laws of the State of Iowa. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such invalid portion shall be severable and shall not invalidate or render unenforceable any other provision hereof. 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Amendments requiring State concurrence include any deviation from the Iowa -Grantee Program Schedule and Budget. 7. The Provider shall be responsible for and adhere to the requirements listed below. Non- compliance may be grounds for Grantee cancelling, terminating, or suspending this contract. A. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing VSs regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. E. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. F. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. G. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and Uniform Audit requirements. H. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. ' 8. During the term of this Agreement, and for three years thereafter, Provider shall provide shelter, counseling, and supervision to homeless youth. Provider agrees to provide said services at the current Youth Home Emergency Shelter facilities. Details of the services to be provided are outlined in Youth Homes' Information and Goals and Objectives Statement for FY92. 9. As its sole obligation under this Agreement, the Grantee shall pay to Provider the sum of $14,000 to be used by Provider to support its shelter services. The total sum is to be used to meet the shelters' expenses for gas and electricity, water, sewage, trash removal, and telephone. 10. The City shall provide technical assistance regarding bidding procedures and awarding of contracts, but the Provider shall be responsible for all bidding procedures and awarding of contracts. All procedures shall be carried out in accordance with HUD standards, and shall be monitored by the City. 11. All grant activities shall be completed in compliance with all applicable state and local building codes; and upon completion, shall be operated in compliance with all applicable state and local codes and ordinances. 115a 3 12. Grant rehabilitation activities shall not be considered complete until after receipt of satisfactory lien waivers covering all work and materials installed, after the City has inspected and approved completed work, and after the Provider certifies that all work has been completed to its satisfaction. 13. The requirements of applicable sections of: 24 CFR 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A- 110 and A-128 shall apply to the use of funds disbursed under this Agreement. Copies of said Circulars are provided and by execution of this Agreement, the Provider acknowledges their receipt. 14. On or before the fifth day of each month during the term of this Agreement, Provider will provide to Grantee a monthly status of funds report describing the uses of funds received hereinunder, together with a performance report describing progress in reaching performance targets. 15. On or before January 5, 1992 and July 20, 1992, Provider will provide to Grantee final performance and funds reports. 16. During a period of three years following the term of this Agreement, Provider will provide to the Grantee quarterly reports which will include statistics pertaining to the use of the shelter and a summary accounting of Provider's fiscal status. 17. All payments to the Provider shall be subject to the receipt by Grantee of a requisition for payment. The requisition shall be made no more frequently than once per month and by the fifth day of the month. Such requisition will clearly identify funds on hand, total expenditure and match to date, and any amount classified as an advance. Any cash draws requested by Provider shall be expended within 30 calendar days of receipt, or shall be immediately returned to the Grantee. 18. Provider acknowledges that the program under which it is to receive the funds provided herein is the Emergency Shelter Grants Program of the State of Iowa, that the source of funding for this program is federal monies, and that if the total of such payments exceeds $25,000 in a given fiscal year, the Provider shall be deemed a secondary recipient of federal monies. For every fiscal year (July 1 -June 30) in which it is a secondary recipient of federal monies, Provider shall have an audit performed according to the standards prescribed in the OMB Circular A-110. A copy of such audit report and findings must be submitted to the Grantee's Controller within 120 days after the close of that fiscal year. 19. The Provider shall provide uncontested access to contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the Grantee's close-out and audit, as well as other supporting documents and statistical records. 20. Duly authorized representatives of the Grantee shall at all reasonable times have access to and the right to inspect, copy, audit, and examine all financial books, records, and other documents of the Provider, and to make site visits and survey participants in order to 16a 4 evaluate and monitor the Provider's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Provider's services. Site visits and participant surveys shall be done only after consultation with Provider's director regarding survey methods. 21. The Grantee's sole responsibility hereinunder shall be to provide the funds to Provider in accordance with the terms of this Agreement. Provider shall at all times be deemed an independent contractor and not a Grantee employee. Moreover, nothing contained in this Agreement shall be construed to create any special duty, relationship, association or third - party beneficiary by reason of the Provider's involvement with the Grantee. Further, neither the Grantee, nor any officer, employee, or agent of the Grantee shall have authority to direct the manner or means by which the Provider conducts its activities. 22. The Provider shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). 23. Project funds shall not be used directly or indirectly to employ, award contracts to, engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulation of the Department of Labor. 24. The construction or rehabilitation of residential structures with assistance provided under this contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented through regulations contained in 24 CFR Part 35. 25. The Grantee may terminate this contract, in whole or in part, at any time before the date of completion whenever it is determined that the Provider has failed to comply with the conditions of the contract. The Grantee shall promptly notify the Provider in writing of such default and the reasons for the termination, together with the effective date thereof. 26. This contract may be terminated upon 30 -days written notice by either party. This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1992, except as provided herein. 5 For Youth Homes, Inc. Attest: Date: jccog hstcontract\y hi.esg For the City of Iowa City, Iowa By: Mayor Attest: a't4� 71' . 7f, r", City berk / Date: � /9/ Approved City Atro—rney's Office 61/YlR / 162 RESOLUTION NO. 91-95 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER.GRANTS PROGRAM FUNDING. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Shelter, the Emergency Housing Shelter, and the Youth Emergency Shelters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Agreement for Iowa Emergency Shelter Grants Program funding attached hereto, and made a part hereof, is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement for Iowa Emergency Grants Program funding. It was moved by Courtney and seconded by goroa ita the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby —3F— Larson McDonald X Novick Passed and approved this 14th day of May 11991. - OR 1991. ClTrCLERK jccoghstagOded.res �,. l Issuing Agency: Department of Economic Development Grantee: City of Iowa City, Iowa Fiscal Summary Federal Contract Title: Iowa Emergency Shelter Grants Program Contract Number: 91 -ES -006 Grantee Total Amount: $ 65,155 $65,155 $130,310 Source Agency/Law: U.S. Department of Housing and Urban Development; Stewart B. McKinney Homeless Assistance Act of 1988 Type: Cost reimbursement Effective Date: July 1, 1991 Submit requisitions to: ESGP Data Analyst Department of Economic Development 200 East Grand Avenue Des Moines, IA 50309 Expiration Date: June 30, 1992 Issue payment to: City of Iowa City 410 E. Washington St. Iowa City, IA 52240 The Grantee agrees to perform all services set forth in the attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties to this Contract shall be subject to and governed by the Special Conditions and the General Conditions. To the extent of any inconsistency between the Special Conditions or the General Conditions, and any specifications or other conditions which are made a part of this Contract, by reference or otherwise, the Special Conditions and the General Conditions shall control. To the extent of any inconsistency between the Special Conditions and the General Conditions, the Special Conditions shall control. IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last specified below. Grantee: Issuing Agency: i ty of Iowa City, Iwa : Mayor Date: 5lAg 91 P G City Attomay's Otflce r V'V/ Department of Economic Development �/By:- Allan T. Thoms Director Date: -� Iis:1 uoncracc Loo. 7i-tb-uub Page #2 SPECIAL CONDITIONS Article 1.0 Identification of Parties. This contract is entered into by and between the Iowa Department of Economic Development, (hereafter referred to as the Department) and the City of Iowa City, Iowa (hereafter referred to as Grantee). Article 2.0 Statement of Purpose WHEREAS, Iowa's cities need to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Emergency Shelter Grants Program has been created by Congress to lessen this problem; and WHEREAS, the Department has been designated to administer the Emergency Shelter Grants Program in Iowa; and WHEREAS, the Grantee has the necessary ability to develop and carry out emergency shelter activities, and has been approved for funding; THEREFORE, the parties hereto do agree as follows: Article 3.0 Area Covered. The Grantee shall perform all the work and services required under this Contract in relation to providing emergency shelter assistance to: Domestic Violence Shelter, Emergency Housing Shelter, and Youth Emergency Shelters I and II. Article 4.0 Statement of Work and Services. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the work. activities and services as written and described in the approved grant proposal as summarized in the Grantee's approved 1991 Emergency Shelter Grants Program Schedule. This Program Schedule is hereby made a part of this Contract by reference. Article 5.0 Reports and Products reports: Report Activity Status Report ("D") Payment Request/Status of Funds ("C") Summary Performance Report ("E") Audit Report The Grantee shall submit the following Due Date 10th of the month accompanying any funds request (original and one copy) 10th of every month when requesting funds (original and three copies) Within 30 days of Contract Completion and within 15 days of the end of a calendar year. In accordance with Single Audit Act of 1984. The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more 16D Contract No. 91 -ES -006 Page J/3 frequent submissions would help improve Grantee's Emergency Shelter Grants Program. Article 6.0 Designation of Officials. 6.1 Department - The Director of the Iowa Department of Economic Development, or his designee, is the Department official -- authorized to execute or negotiate any changes in the terms, conditions, or amounts specified in this Contract. 6.2 Grantee - The Mayor of the City of Iowa City, Iowa, is the Grantee official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. The Human Services Coordinator of the City of Iowa City is designated to negotiate, on behalf of the Grantee, any changes to this Contract. Article 7.0 Time of Performance. The services of the Grantee are to commence as of the 1st day of July, 1991 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1992. Article 8.0 Additional Special Conditions. 8.1 Audit Requirements. Grantee audits shall be conducted in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128, and the GAO publication "Standards for Audit of Governmental Organizations, Programs, Activities and Functions." 8.2 Performance of Conditions Precedent. The Grantee certifies that it has satisfied all conditions precedent to the award of the Contract. 8.3 Compliance with Environmental Requirements. Funds shall not be released under this Contract until the Grantee has satisfied the environmental requirements set forth in 24 CFR Part 576, "Emergency Shelter Grants Program". 8.4 Administration. The Contract shall be administered in accordance with Chapter 24, Iowa Administrative Code and all applicable State and Federal law and regulations. 8.5 Local Effort Requirements. 8.5.1 Cash. If the grantee agrees to provide cash contribution to the Project as part of the approved budget summary then such contribution shall be provided in accordance with the contract budget and program schedules. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. 8.5.2 In -Kind. If the grantee agrees to provide in-kind contributions to the Project then said contribution I�7 Contract No. 91 -ES -006 Page #4 shall be as shown in the approved budget and program schedules. 8.5.3 It is expressly understood by the Grantee that should local effort not at least equal grant funds expended the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (Article 5.0) the grantee shall identify the cash and in-kind local efforts contributed during the report period. 8.6 Prior Costs. If the Grantee has received written approval from the Department to incur certain costs prior to the effective date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and made a part of this Contract by this reference as if fully set forth. Any such costs incurred prior to the effective date of this Contract are subject to the Special Conditions and General Conditions of this Contract. 8.7 Failure to Achieve Performance Targets. In the event that the Grantee does not achieve the performance targets specified in the Program Schedule, then federal funds awarded will be subject to disallowance. The maximum percentage of federal funds which may be disallowed due to failure to achieve performance targets will be equal to the percentage of the performance targets not achieved. Article 9.0 Conditions of Payment 9.1 Maximum Payments. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget under Article 10.0 subject to Section 4,0 herein. It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed sixty-five thousand one hundred fifty-five dollars ($65,155) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 9.2 Payment Request/Status of Funds. All payments to the Grantee shall be subject to the receipt by the Department of a request/status of funds report. The requisition shall be made according to the format specified by the Department and accepted by the Agency not more often than once per month as required in Article 5.0. Such request will clearly identify program funds on hand, total expenditure and match to date, and any. amount classified as advance per 24 CFR 576.83. Any funds drawn down shall be expended within 10 calendar days of receipt, or shall be returned to the Department immediately in accordance with the requirements of 24 CFR 576.83. The Department reserves the right to withhold funds until it has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project commencement. 1'i;'> urantee: uicy or Iowa uity, Iowa Contract No. 91 -ES -006 Page #5 9.3 Receipt of Federal Funds. All payments hereunder shall be subject to the receipt of federal grant funds by the Department. The termination, reduction, or delay of federal grant funds to the Department shall, at the option of the Department, be reflected in a corresponding modification to the conditions of this Contract. 9.4 Subrecipient Agreement. The Department, prior to the release of funds for the Activity(ies), shall review and approve the subrecipient agreement between the grantee and approved subrecipient(s). 9.5 Residential Anti/Displacement and Relocation Assistance Plan Approval. The Department, prior to release of funds for the Activity(ies), shall review and approve the Grantee's Residential Anti/Displacement and Relocation Assistance Plan, consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974, as amended. 9.6 Excessive Force By Law Enforcement (Nonviolent Civil Rights Demonstrations). The Department, prior to release of funds for the Activity(ies), shall review and approve the grantee's Policy Prohibiting the Use of Excessive Force Against Individuals Participating in Nonviolent Civil Rights Demonstrations, consistent with the requirements of Section 519 of Public Law 101-144, (the HUD appropriations Act). Article 10.0 Project Budget GRANTEE: City of Iowa City Act. 1 - Renovation/Rehabilitation Act. 2 - Essential Services Act. 3 - Maintenance, Operation, Insurance, Utilities, and Furnishings Act. 4 - Homeless Prevention Grantee Administration TOTALS CONTRACT NUMBER 91 -ES -006 ESGP GRANTEE TOTAL $ 29,050 $ -0- $ 29,050 $ -0- $ -0- $ 33,750 $ -0- $ 2,355 $ 65,155 $ 65,155 $ -0- $ 98,905 $ -0- $ -0- $ -0- $ 2,355 $ 65,155 $130,310 m Ufa GENERAL CONDITIONS IOWA EMERGENCY SHELTER GRANTS PROGRAM (1991) Section 1.0 Amendment of this Document The Department or the Grantee may, during the duration of this Contract, deem it necessary to make alterations to the provisions of this Contract. Any changes to the Special and/or General Conditions of this Contract, which are I by the Department, shall be incorporated herein. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any condition of this contract must be in writing from the duly authorized official of the Department specified in Article 6.1 of the Special Conditions. Section 2.0 Patent and Copyright No material or product produced in whole or in part under this Contract shall be subject to patent or copyright by the Grantee in the United States or in any other country. Section 3.0 Accounts and Records 3.1 Accounts - The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs and expenses incurred and revenues received under this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract,'as specified in Chapter 24.12, Iowa Administrative Code and OMB Circular A-102. 3.2 Audit and Inspection - At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make 'available to the Department, the State Auditor, the General Accounting Office, .and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this Contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Contract. 3.3 Audit Policy - Audits shall be performed in accordance with the Single Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular A-128 and the GAO publication "Government Auditing Standards". 3.4 Retention of Records - All records in the possession of the Grantee pertaining to this Contract shall be retained by the Grantee for a period of three (3) years beginning with the date of the final close-out and audit acceptance. All records shall be retained beyond the three year period if audit findings have not been resolved within that period. Records for non - expendable property acquired under this Contract shall be retained for a three (3) year period after the final disposition of property. Additional records shall be retained in accordance with Chapter 24, Iowa Administrative Code. 1 11; 7 termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department share of the noncancellable obligations, properly incurred by the Grantee prior to termination. 5.4 Rights in Incompleted Products - In the event the Contract is terminated, all finished or unfinished documents, data, reporti or other material prepared by the Grantee under this Contract shall, at the option of the Department, become its property, and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Section 6.0 Civil Rights Provisions The grantee shall be responsible for and adhere to the requirements of: 6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations,; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964"(42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1. 6.2 The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 6.3 The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. 6.4 The requirements of section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. 6.5 The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders,the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. , 6.6 The requirements of the Anti -Drug Abuse Act of 1988 (P. L. 100- 690) - Grantees will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. 6.7 Noncompliance with the Civil Rights Laws - In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A, Code of Iowa, 1989) or as otherwise provided by law. 6.8 The Grantee will include the provisions of Sections 6.1 through 6.6 in every subcontract unless exempt by the State of Iowa, and said provisions 3 lis9 Section 9.0 Personnel 9.1 Selection - The Grantee represents that he has, or will secure, all personnel required in performing the work and services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Department. 9.2 Qualification - All of the work and services required hereunder will be performed by the Grantee or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. Section.10.0 Environmental and Flood Insurance Requirements 10.1 The Grantee shall comply with the environmental requirements contained in 24 CFR 576, and related and necessary flood insurance provisions as may be required under 24 CFR 576.79(f). Section 11.0 Contractors and Subrecinients Limited Project funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension or placement in ineligibility status by the Department of Housing and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations of the Department of Labor. Section 12.0 Lead -Based Paint The construction or rehabilitation of residential structures with assistance provided under this Contract is subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations contained in 24 CFR Part 35. Section 13.0 Contract Coverage This instrument, and any referenced attachments hereto or documents referred to herein, contains the entire agreement between the parties and any statements, inducements or promises not contained herein shall not be binding upon said parties. This Contract shall be binding upon the successors in office of the respective parties. If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid by any court of record of this state, such invalidity shall be construed to affect only such portions as are declared invalid or in conflict with the law and such remaining portion or portions of the agreement shall remain in effect and shall be construed as if such invalid or conflicting portion.of such agreement were not contained herein. Section 14.0 Litigation The Grantee agrees to pay the cost of any litigation arising from failure of the Grantee to comply with the rules and regulations in this Contract or resulting from the negligence or incompetence of the Grantee. In carrying out the provisions of the Contract or in exercising any power or authority granted 5 162 IOWA EMERGENCY SHELTER GRANTS PROGRAM PAGE _d_ ATTACHMENT B Grantee: City of IOWA CITY, Iowa Address: 410 E Washington SL, Iowa City, Iowa SM40 Homeless Agency(e): (A)Domestic Violence Shelter, (B)Emargsncy Hou sing ShdW,(C)Youth Emargsncy SM BUDGETSUMMARY To be filled In by DFD Original AmendmsntI Fid Rep Sgn PROJECTDESMIPTFON PEFFMAANCETARGEf AhkXA4T BUDC311ETED ESGP OTHER TOTAL ActiriY 1: RENOVATIONJIHD REHABILITATION Rshadlitalbn ImPra+manta- (A) 6dsrlor Siding and Attic/Rod vents. $0.0W $9,050 (B) Endow a Renovate 12 of Front Porch u ORios Area. $x0,000 Mom ' SUBTOTAL: fxg,WO Actkty 2 ESSENTIAL SERVICES ' SUBTOTAL: >o AcWty s: MAiNT., OPER., *MR. UTI-, FURN. UtI tee- Tale. NPM, (5)1750, (Q30W $0,440 $0,440 . OaafFlse. (A)44410, (13)41=. (CA= $1TAC $17,440 Warr/saw.?ra.h (Ap=. (8)3200, (C)MM $t,p0 MAro MATCH- Vckm6a r Hra4 • $5). (A) 4= hra. $47sKm2 635 $42 635 t>�i1Wt[ )mx[tBRlW. (8)3500 (C)1000 $22,520 $22,520 Cash (B)$12,735(C)$9,785 SUBT TAL: 11911 1 AcW4 4: HOMELESS PREVEHMN SIASTCTAL: to GRANigADMWIBTRATION: (Audit Reporth4 LonlCoardinadonl zm RPMi2.7t$ TOTAL AMOUNT OF ALL FUNDS BUDGETED: $m.1m 1 sm.= $team ' 7:k PROPOSED PROGPAM SGE=-. Ic,a DrezZency Shelter Grants Program Ia Dept. of Economic Development 200 East Grand Ave. Des Moires, Iowa 50309 Applicant: City of Iowa City Address: 410 E. Washington St. Iowa City S'nelter(s):(a) Domestic Violence Shelter (b) Emergency Housing Shelter (c) Youth Emergency Shelter I Acrmmnli(Zhmo„�dc)Ikk 14.h^Emergency Shelter II 0--'------ T'----- L--- � 15 1st Qtr. 2nd Qtr. 3rd Q=. 4th Qt_. Activity 1- Rehabilitation MOs. 4 JUL AUG SEPIOCT NOV DEC JAN FEB MAR APRIMAY JUN Performance Target(s) A) (a)Exterior Siding (bid, contract work) XMX- _-X B) (a) Attic Venting (bid, contract work) X_ _X C) (b) Enclose Front Porch (design, bid,- --- -X contract work) • jrrri� - Performance Target(s). A) (a,b,c,d) Volunteer Hours MATCH X- --- --- --- --- --- --- --- --- --- -- --X X- --- --- --- --- --- --- -- --- --- -- --X X- --- --- --- --- --- --- --- --- --- -- --X X- --- --- -- -- --- --- --- --- ---I-- --X I Activity 3- Main..ODE--s.,Ins. ,Uti1s.,Fi:rns. errormance arget(s) X X X X 3) (a,b,c,d) Utilities (telephone, gas & X- --- --- -- -- --- --- --- --- --- -- --X electric, water/sewer/trash) X(a)X(b, ,d) X(b)X(b) X(a - X- --= --- -- --- -- --- --- --- --- -- -X =tiviCr 4- Hourl ess Previnticn errormance Target(s) ) 0--'------ T'----- L--- � 15 RESOLUTION NO. 91-153 RESOLUTION TEMPORARILY CLOSING STREET AND ALLEY RIGHTS-OF-WAY IN AND ABUTTING BLOCK 66, ORIGINAL TOWN AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT- OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE FIRST NATIONAL BANK OF IOWA CITY. WHEREAS, the Bank will be undertaking the construction of new banking facilities adjacent to the existing Bank building located in the south one-half of Block 66, Original Town, bounded by Dubuque, Washington, Linn streets and Iowa Avenue; and WHEREAS, the Bank wishes to secure the construction site against pedestrian and vehicular traffic, while providing for the delivery of construction materials and equipment so as not to interfere with traffic safety; and WHEREAS, City and Bank acknowledge the need to temporarily close street and alley rights- of-way in order to construct the new banking facility on or near the property line fronting a public street and a public alley; and WHEREAS, the Parties acknowledge the City's need to assure a safe construction site at a properly safe distance from traffic, so as not to impede traffic or endanger lives or property; and WHEREAS, Iowa law provides that streets and alleys may be temporarily closed by resolution, Section 364.12, Code of Iowa (1991); and WHEREAS, an Agreement for the use of public right-of-way containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. The following public rights-of-way are hereby temporarily closed: Washington Street between the north property line and the north curb line from the east property line of Dubuque Street to 141.5 feet east. Also, the south line of the alley in Block 66, Original Town, from the east property line of Washington Street to 141.5 feet east. The Bank may also close between the hours of 8:00 a.m. and 5:00 p.m. the north 12 feet of the alley in Block 66, Original Town, from the east property line of Dubuque Street to 141.5 feet east for the sole purpose of loading and unloading construction materials and equipment. Such temporary closing shall take effect upon the award of contract by the Bank and to continue not longer than one year, all as provided in the attached Agreement. 2. The Agreement for use of Public Right -of -Way attached hereto is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City. 10 Resolution No. 91-153 Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x Passed and approved this 25th day of June Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. A proved by ATTEST: CITY 'CLERK ity Attorney's Office 12, -tlr y� legaRbankrow.res 153 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made between The First National Bank of Iowa City ("Bank") and the City of Iowa City, a municipal corporation ("City"). WHEREAS, the Bank will be undertaking the construction of new banking facilities adjacent to the existing Bank building located in the south one-half of Block 66, Original Town, bounded by Dubuque, Washington, Linn Streets and Iowa Avenue; and WHEREAS, the Bank wishes to secure the construction site against pedestrian and vehicular traffic, while providing for the delivery of construction materials and equipment so as not to interfere with traffic safety; and WHEREAS, City and Bank acknowledge the need to temporarily close street and alley rights-of- way in order to construct the new banking facility on or near the property line fronting a public street and a public alley; and WHEREAS, the Parties acknowledge the City's need to assure a safe construction site at a properly safe distance from traffic, so as not to impede traffic or endanger lives or property; and WHEREAS, the City agrees to temporarily close the following street and alley rights-of-way to accommodate said construction: Washington Street between the north property line and the north curb line from the east property line of Dubuque Street to 141.5 feet east. Also, the south 8 feet of the alley in Block 66, Original Town from the east property line of Washington Street to 141.5 feet east (hereafter "Construction Site"). NOW, in mutual consideration of the promises herein, City and Bank agree as follows: In consideration for temporary use of the above-described City right-of-way during construction of the new banking facility, the Bank agrees to secure the Construction Site against pedestrian and public traffic by fencing off the entire frontage, and further agrees that this fencing will extend to the depths of the City's right-of-way to include all the area temporarily closed by the City, with allowance for the need to provide for pedestrian movement along the north side of Washington Street. 2. The Bank agrees to provide and keep in place and in good working condition signage necessary to a. Reroute pedestrians. b. Provide advance warning. C. Provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 3. Bank agrees to build a covered walkway on the Washington Street sidewalk in front of the Construction Site, as required by the City's Building Official. 10 2 4. The Bank may also close, between the hours of 7:00 a.m. and 4:00 p.m., the loading bay on Washington Street abutting bank property and the north 12 feet of the alley in Block 66, Original Town, from the east property line of Dubuque Street to 141.5 feet east for the sole purpose of loading and unloading construction materials and equipment. 5. The Bank will use its best efforts to accommodate all delivery vehicles using the alley to provide service to other properties located in Block 66, Original Town. 6. The Bank agrees to restore all rights-of-way temporarily closed to its pre -construction condition, and to the City's satisfaction after construction is completed. 7. Parties agree this Agreement shall be in effect for a period not to exceed one (1) year beginning with the award of the construction contract by the Bank, and ending upon substantial completion of the work. S. In the event of breach of this Agreement, City may, at its discretion, elect to give notice to the Bank to remove all construction equipment and/or obstructions from the City rights- of-way hereabove described, as provided in Section 364.12, Code of Iowa (1991); and in the event the Bank does not comply with the time period designated in the -Notice to Remove, City may elect to remove, or direct removal, of the equipment and/or any other obstructions from the rights-of-way, and to assess the cost of such removal against the Bank's property as provided by law. 9. The Bank agrees to indemnify, defend and hold the City harmless against any and all claims arising out of this Agreement, including any claims and/or liability which the City may incur as a result of its decision to permit temporary use of its rights-of-way. Bank further agrees to carry Class II liability insurance in minimum amounts of $500,000 each occurrence, $1,000,000 aggregate bodily injury, $250,000 aggregate property damage with contractual liability coverage included. Bank shall furnish a certificate of insurance of said insurance satisfactory to the City. 10. The Bank agrees to assume responsibility for any and all property losses, personal injuries and damage claims arising out of the Bank's use of the street rights-of-way incurred by reason of the negligence of the Bank or its agents or employees. Dated and signed this 25th day of CITY OF IOWA CITY. IOWA Approved by City Attorney's Office 1991. FIRST NATIONAL BANK By:� e for Vice Presidefit Attest: GNMvC S for Vice President 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this d5'4 day of __j_Urn%L 1 19 1�1 , before me, omit.— . a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in {9rdiaaase) (Resolution) No. 9/- 153 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the ,z!25 * day of-,�.,.(_ , 19—ar-1 and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. In Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 25TH day of JUNE —,A.D. 19 91 'before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JAMES A. SANGSTER and LYNN E. ROWAT , to me personally known, who, being by me duly sworn, didsaythattheyarethe SR. VICE PRESIDENT and SR. VICE PRESIDENT respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that ) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said JAMES A. SANGSTER and LYNN E. ROWAT as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. OD .. Notary Pu c in and fors Cotkty and State JODI KELLY fnb.agt 1615 RESOLUTION NO. 91-154 RESOLUTION TO ESTABLISH A POLICY OF THE IOWA CITY HOUSING AUTHORITY ON THE WITHDRAWAL OF OPERATING RESERVE FUNDS. WHEREAS, the Department of Housing and Urban Development ("HUD") requires the adoption by formal resolution of a policy to set a threshold amount for withdrawal of Operating Reserve funds prior to Council approval; and WHEREAS, the HUD policy requirements are not in violation of state law; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in HUD programs. NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa, in its capacity as the City of Iowa City Housing Authority to establish that the withdrawal of Operating Reserve funds shall occur only with prior City Council approval. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby W Larson x McDonald x Novick Passed and approved this 25th day of June . 1991. ATTEST: 2n r .) ?P CITY LERK hisassfloprresm.res Approved by City Attorney' Office I; its ae RESOLUTION NO. 91-155 RESOLUTION AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF A PROCUREMENT POLICY OF THE HOUSING AUTHORITY OF IOWA CITY. WHEREAS, the Department of Housing and Urban Development ("HUD") requires the adoption by formal resolution of a procurement policy which is in compliance with federal regulations; and WHEREAS, the HUD procurement policy requirements are not in violation of state law; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program; NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa, in its capacity as the City of Iowa City Housing Authority that the attached procedures be adopted as the Procurement Policy of the Housing Authority of Iowa City. It was moved by Horowitz and seconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 25th day of June 1991• • YOR Approved by ATTEST: //,0,3 CIT LERK Ltity Attorri fice hiawaftgmnh.rm 155 STATEMENT OF PROCUREMENT POLICY TABLE OF CONTENTS GENERAL PROVISIONS PROCUREMENT AUTHORITY AND ADMINISTRATION PROCUREMENT METHODS CONTRACTOR QUALIFICATIONS AND DUTIES TYPES OF CONTRACTS, ADMINISTRATION SPECIFICATIONS APPEALS AND REMEDIES CLAUSES, AND CONTRACT ASSISTANCE TO SMALL AND OTHER BUSINESSES ETHICS IN PUBLIC CONTRACTING 165 STATEMENT OF PROCUREMENT POLICY Established for the Iowa City Housing Authority (PHA) by Board action on June 25, 1991. This Statement of Procurement Policy complies with HUD's Annual .Contributions Contract (ACC), HUD Handbook 7460.8, "Procurement Handbook for Public Housing Agencies," and the procurement standards of 24 CFR 85.36. GENERAL PROVISIONS A. PURPOSE The purpose of this Statement of Procurement Policy is to: provide for the fair and equitable treatment of all persons or firms involved in purchasing by the PHA; assure that supplies, services, and construction are procured efficiently, effectively, and at the most favorable prices available to the PHA; promote competi- tion in contracting; provide safeguards for maintaining a procurement system of quality and integrity; and assure that PHA purchasing actions are in full com- pliance with applicable Federal standards, HUD regula- tions, and•State and local laws. B. APPLICATION This Statement of Procurement Policy (Statement) applies to all contracts for the procurement of supplies, services, and construction entered into by the PHA after the effective date of this Statement. It shall apply to every expenditure of funds by the PHA for public purchasing, irrespective of the source of funds, including contracts which do not involve an obligation of funds (such as concession contracts); however, nothing in this Statement shall prevent the PHA from complying with the terms and conditions of any grant, contract, gift or bequest that is otherwise consistent with law. The term "procurement," as used in this Statement, includes both contracts and modific- ations (including change orders) for construction or services, as well as purchase, lease, or rental of supplies and equipment. C. PUBLIC ACCESS TO PROCUREMENT INFORMATION Procurement information shall be a matter of public record to the extent provided in Chapter 22, Code of Iowa (1991) and shall be available to the public as provided in that statute. 10" II. PROCUREMENT AUTHORITY AND ADMINISTRATION A. All procurement transactions shall be administered by the Contracting Officer, who shall be the Executive Director or other individual he or she has authorized in writing. The Executive Director shall issue operational procedures to implement this Statement, which shall be based on HUD Handbook 7460.8. The Executive Director shall also establish a system of sanctions for violations of the ethical standards described in Section IX below, consistent with State law. B. The Executive Director or his/her designee shall ensure that: 1. procurement requirements are sub)ect to an annual planning process to assure efficient and economi- cal purchasing; contracts and modifications are in writing, clearly specifying the desired supplies, ser- vices, or construction, -and are supported by sufficient documentation regarding the history of the procurement, including as a minimum the method of procurement chosen, the selection of the contract type, the rationale for selecting or rejecting offers, and the basis for the contract price; 3. for procurements other than small purchases, public notice is given of each upcoming procure- ment at least 10 days before a solicitation is issued; responses to such notice are honored to the maximum extent practical; a minimum of 15 days is provided for preparation and submission of bids or proposals; and notice of contract awards is made available to the public; 4. solicitation procedures are conducted in full compliance with Federal standards stated in 24 CFR 85.36, or State and local laws that are more stringent, provided they are consistent with 24 CFR 85.36; 5. an independent cost estimate is prepared before solicitation issuance and is appropriately safeguarded for each procurement above the small purchase limitation, and a cost or price analysis is conducted of the responses received for all procurements; (,606 6. contract award is made to the responsive and responsible bidder offering the lowest price (for sealed bid contracts) or contract award is made to the offeror whose proposal offers the greatest value to the PHA, considering price, technical, and other factors as specified in the solicita- tion (for, contracts awarded based on competitive proposals); unsuccessful firms are notified within ten days after contract award; 7. there are sufficient unencumbered funds available to cover the anticipated cost of each procurement before contract award or modification (including change orders), work is inspected before payment, and payment is made promptly for contract work performed and accepted; and S. the PHA complies with applicable HUD review requirements, as provided in the operational procedures supplementing this Statement. C. This Statement and any later changes shall be submitted to the Board of Commissioners for approval. The Board appoints and delegates procurement authority to the Executive Director and is responsible for ensuring that any procurement policies adopted are appropriate for the PHA. 35 III. PROCUREMENT METHODS A. SELECTION OF METHOD If it has been decided that the PHA will directly purchase the required items, one of the following procurement methods shall be chosen, based on the nature and anticipated dollar value of the total requirement. B. SMALL PURCHASE PROCEDURES 1. General. Any contract not exceeding $25,000 may be made in accordance with the small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to constitute a small purchase under this section (except as may be reasonably necessary to comply with Section VIII of this Statement). Petty Cash Purchases. Small purchases under $ 15 which can be satisfied by local sources may be processed through the use of a petty cash account. The Contracting Officer shall ensure that: the account is established in an amount sufficient to cover small purchases made during a reasonable period (e.g., one week); security is maintained and only authorized individuals have access to the account; the account is periodical- ly reconciled and replenished by submission of a voucher to the PHA finance officer; and, the account is periodically audited by the finance officer or designee to validate proper use and to verify that the account total equals cash on hand plus the total of accumulated vouchers. Small purchases of $1,000 or less. For small purchases below $1,000, only one quotation need be solicited if the price received is considered reasonable. Such purchases must be distributed equitably among qualified sources. If prac- ticable, a quotation shall be solicited from other than the previous source before placing a repeat order. Small purchases over $1,000. For small purchases in excess of $1,000 but not exceeding $25,000 no less than three offerors shall be solicited to submit price quotations which may be obtained orally, by telephone, or in writing, as allowed by State or local laws. Award shall be made to the offeror providing the lowest acceptable 4 (55 quotation, unless justified in writing based on price and other specified factors, such as for architect -engineer contracts. If non -price factors are used, they shall be disclosed to all those solicited. The names, addresses, and/or telephone numbers of the offerors and persons contacted, and the date and amount of each quotation shall be recorded and maintained as a public record. C. SEALED BIDS 1. Conditions for Use. Contracts shall be awarded based on competitive sealed bidding if the following conditions are present: a complete, adequate, and realistic specification or purchase description is available; two or more responsible bidders are willing and able to compete effec- tively for the work; the procurement lends itself to a firm fixed price contract; and the selection of the successful bidder can be made principally on the basis of price. Sealed bidding is the preferred method for construction procurement. For procurements under the Comprehensive Improve- ment Assistance Program (CIAP), sealed bidding shall be used for all construction and equipment contracts exceeding the small purchase limita- tion. For professional services contracts, sealed bidding should not'be used. 2. Solicitation and Receipt of Bids. An invitation for bids shall be issued including specifications and all contractual terms and conditions ap- plicable to the procurement, including a state- ment that award will be made to the lowest responsible and responsive bidder whose bid meets the requirements of the invitation for bids. The invitation for bids shall state the time and place for both the receipt of bids and the public bid opening. All bids received shall be time - stamped but not opened and shall be stored in a secure place until bid opening. A bidder may withdraw its bid at any time prior to bid opening. 3. Bid Opening and Award. Bids shall be opened publicly and in the presence of at least one witness. An abstract of bids shall be recorded and the bids shall be available for. public inspection. Award shall be made as provided in the invitation for bids by written notice to the successful bidder. If equal low bids are Vi (5S received from responsible bidders, award shall be made by drawing lots or similar random method, unless otherwise provided in State or local law and stated in the invitation for bids. If only one responsive bid is received from a responsible bidder, award shall not be made unless a cost or price analysis verifies the reasonableness of the price. 4. Mistakes in Bids. a. Correction or withdrawal of inadvertently erroneous bids may be permitted, where appropriate, before bid opening by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only if the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. A low bidder alleging a nonjudgmental mistake may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended bid is unclear or the bidder submits convincing evidence that a mistake was made. b. All decisions to allow correction or withdrawal of bid mistakes shall be sup- ported by a written determination signed by the Contracting Officer. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the PHA or fair competition shall be permitted. 5. Bonds. In addition to the other requirements of this Statement, the following requirements apply: a. For construction contracts exceeding $100,000, other than those specified in 5b and 5c below, contractors shall be required to submit the following, unless otherwise required by State or local laws or regula- tions: (1) a bid guarantee from each bidder equivalent to 5% of the bid price; and (2) a performance bond for 100% of the lS5 M contract price; and (3) a payment bond for 100% of the contract price. b. In the case of construction of conventional development projects funded pursuant to the U.S. Housing Act of 1937, the contractor shall be required to submit the following, unless otherwise required by State or local laws or regulations: (1) a bid guarantee from each bidder equivalent to 5% of the bid price; and (2) one of the following: (i) a performance and payment bond for 100% of the contract price; or separate performance and payment bonds, each for 50% or - more of the contract price; or a 20% cash escrow; or (iv) a 25% irrevocable letter of credit. COMPETITIVE PROPOSALS 1. Conditions for Use. Competitive proposals (including turnkey proposals for development) may be used if there is an adequate method of evaluating technical proposals and where the PHA determines that conditions are not appropriate for the use of sealed bids. An adequate'number of qualified sources shall be solicited. Solicitation. The request for proposals (RFP) shall clearly identify the relative importance of price and other evaluation factors and subfac- tors, including the weight given to each techni- cal factor and subfactor. A mechanism for fairly and thoroughly evaluating the technical and price proposals shall be established before the solicitation is issued. Proposals shall be handled so as to prevent disclosure of the number of offerors, identity of the offerors, and the contents of their proposals. The proposals shall be evaluated only on the criteria stated in the 7 (65 request for proposals. 3. Negotiations. Unless there is no need for negotiations with any of the offerors, negotia- tions shall be conducted with offerors who submit proposals determined to have a reasonable chance of being selected for ward, based on evaluation against the technical and price factors as specified in 'the RFP. Such offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. The purpose of negotiations shall be to seek clarification with regard to and advise offerors of the deficiencies in both the techni- cal and price aspects of their proposals so as to assure full understanding of and conformance to the solicitation requirements. No offeror shall be provided information about any other offeror's proposal, and no offeror shall be assisted in bringing its proposal up to the level of any other proposal. Offerors shall not be directed to reduce their proposed prices to a specific amount in order to be considered for award. A common deadline shall be established for receipt of proposal revisions based on negotiations. 4. Award. After evaluation of proposal revisions, if any, the contract shall be awarded to the responsible firm whose qualifications, price and other factors considered, are the most ad- vantageous to the PHA. Architect/Engineer Services. Architect/engineer services in the excess of the small purchase limitation may be obtained by either the competi- tive proposals method or qualifications -based selection procedures, unless State law mandates the specific method. Sealed bidding, however, shall not be used to obtain architect/engineer services. Under qualifications -based selection procedures, competitors' qualifications are evaluated and the most qualified competitor is selected, subject to the negotiation of fair and reasonable compensation. Price is not used as a selection factor under this method. Qualifica- tions -based selection procedures shall not be used to purchase other types of services even though architect -engineer firms are potential sources. E. NONCOMPETITIVE PROPOSALS r 6` F. 1. Conditions for use. Procurements shall be conducted competitively to the maximum extent possible. Procurement by noncompetitive propds- als may be used only when the award of a contract is not feasible using small purchase procedures, sealed bids, or competitive proposals, and one of the following applies: a. The item is available only from a single source, based on a good faith review of available sources; b.. An emergency exists that seriously threatens the public health, welfare, or safety, or endangers property, or would otherwise cause serious injury to the PHA, as may arise by reason of a flood, earthquake, epidemic, riot, equipment failure, or similar event. In such cases, there must be an immediate and serious need for supplies, services, or construction such that the need cannot be met through any other procurement methods, and the emergency procurement shall be limited to those supplies, services, or construction necessary to meet the emergen- cy; c. HUD authorizes the use of noncompetitive proposals; or d. After solicitation of a number of sources, competition is determined inadequate. 2. Justification. Each procurement based on noncompetitive proposals shall be supported by a written justification for using such procedures. The justification shall be approved in writing by the Contracting Officer. 3. Price reasonableness. The reasonableness of the price for all procurements based on noncompeti- tive proposals shall be determined by performing a cost analysis, as described in paragraph IIIF below. COST AND PRICE ANALYSIS 1. General. A cost or price analysis shall be performed for all procurement actions, including contract modifications. The method of analysis shall be determined as follows. The degree of analysis shall depend on the facts surrounding G. each procurement. 2. Submission of Cost or Pricing Information. If the procurement is based on noncompetitive proposals, or when only one offer is received, or for other procurements as deemed necessary by the PHA (e.g., when contracting for professional, consulting, or architect/engineer services) the offeror shall be required to submit: a. a cost breakdown showing projected costs and profit; b. commercial pricing and sales information, sufficient to enable the PHA to verify the reasonableness of the proposed price as a catalog or market price of a commercial product sold in substantial quantities to the general public; or C. documentation showing that the offered price is set by law or regulation. 3. Cost Analysis. Cost analysis shall be performed if an offeror/contractor is required to submit a cost breakdown as part of its proposal. When a cost breakdown is submitted: a cost analysis shall be performed of the individual cost elements; the PHA shall have a right to audit the contractor's books and records pertinent to such costs; and profit shall be analyzed separately. Costs shall be allowable only to the extent that they are consistent with applicable Federal cost principles (for commercial firms, Subpart 31.2 of the Federal Acquisition Regulation, 48 CFR Chapter 1). In establishing profit, the PHA shall consider factors such as the complexity and risk of the work involved, the contractor's investment and productivity, the amount of subcontracting, the quality of past performance, and industry profit rates in the area for similar work. 4 Price Analysis. A comparison of prices shall be used in all cases other than those described in IIIF3 above. CANCELLATION OF SOLICITATIONS 1. An invitation for bids, request for proposals, or other solicitation may be cancelled before offers are due if: the PHA no longer requires the supplies, services or construction; the PHA can S (5$ no longer reasonably expect to fund the procure- ment; proposed amendments to the solicitation would be of such magnitude that a new solicita- tion would be desirable; or similar reasons. 2. A solicitation may be cancelled and all bids or proposals that have already been received may be rejected if: the supplies, services, or construc- tion are no longer required; ambiguous or otherwise inadequate specifications were part of the solicitation; the solicitation did not provide for consideration of all factors of significance to the PHA; prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds; there is reason to believe that bids or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith; or for good cause of a similar nature when it is in the best interest of the PHA. 3. The reasons for cancellation shall be documented in the procurement file and the reasons for cancellation and/or rejection shall be provided upon request to any offeror solicited. 4. A notice of cancellation shall be sent to all offerors solicited and, if appropriate, shall explain that they will be given an opportunity to compete on any resolicitation or future procure- ment of similar items. 5. If all otherwise acceptable bids received in response to an invitation for bids are at unreasonable prices, or only one bid is received and the price is unreasonable, the PHA shall cancel the solicitation and either: a. resolicit using a request for proposals; or b. complete the procurement by using the competitive proposals method, following paragraphs IIID3 and IIID4 above (when more than one otherwise acceptable bid has been received), or by using the noncompetitive proposals method and following paragraph IIIE2 above (when only one bid is received at an unreasonable price); provided, that the Contracting Officer determines in writing that such action is appropriate, all bidders are informed of the PHA's intent to negotiate, and each responsible bidder is it given a reasonable opportunity to negotiate. H. COOPERATIVE PURCHASING The PHA may enter into State and local intergovernmen- tal agreements to purchase or use common goods and services. The decision to use an intergovernmental agreement or conduct a direct procurement shall be based on economy and efficiency. If used, the inter- governmental agreement shall stipulate who is authori- zed to purchase on behalf of the participating parties and shall specify inspection, acceptance, termination, payment, and other relevant terms'and conditions. PHAs are encouraged to use Federal or State excess and surplus property instead of purchasing new equipment and property whenever such use is feasible and reduces project costs. 12 (65 IV. CONTRACTOR QUALIFICATIONS AND DUTIES A. CONTRACTOR RESPONSIBILITY Procurements shall be conducted only with responsible contractors, i.e., those who have the technical and financial competence to perform and who have a satis- factory record of integrity. Before awarding a contract, the PHA shall review the proposed contrac- tor's ability to perform the contract successfully, considering factors such as the contractor's integrity (including a review of the List of Parties Excluded from Federal Procurement and Nonprocurement Programs published by the U.S. General Services Administration), compliance with public policy, record of past perfor- mance (including contacting previous clients of the contractor, such as other PHA's), and financial and technical resources. If a prospective contractor is found to be nonresponsible, a written determination of nonresponsibility shall be prepared and included in the contract file, and the prospective contractor shall be advised of the reasons for the determination. B. SUSPENSION AND DEBARMENT Contracts shall not be awarded to debarred, suspended, or ineligible contractors. Contractors may be suspend- ed, debarred, or determined ineligible by HUD in accordance with HUD regulations (24 CFR Part 24) when necessary to protect the PHA in its business dealings. C. QUALIFIED BIDDER'S LISTS Interested businesses shall be given an opportunity to be included on qualified bidder's lists. Any pre- qualified lists of persons, firms, or products which are used in the procurement of supplies and services shall be kept current and shall include enough qualif- ied sources to ensure competition. Firms shall not be precluded from qualifying during the solicitation period. Solicitation mailing lists of potential contractors shall include, but not be limited to, such prequalified suppliers. 13 l65 V. TYPES OF CONTRACTS, CLAUSES, AND CONTRACT ADMINISTRATION A. CONTRACT TYPES Any type of contract which is appropriate to the procurement and which will promote the best interest of the PHA may be used, provided that the cost -plus -a - percentage -of -cost and percentage of construction cost methods are prohibited. All procurements shall include the clauses and provisions necessary to define the rights and responsibilities of the parties. A cost reimbursement contract shall not be used unless it is likely to be less costly or it is impracticable to satisfy the PHA's needs otherwise, and the proposed contractor's accounting system is adequate to allocate costs in accordance with applicable cost principles (for commercial firms, Subpart 31.2 of the Federal Acquisition Regulation (FAR), found in 48 CFR Chapter 1). A time and material contracts may be used only if a written determination is made that no other contract type is suitable, and the contract includes a ceiling price that the contractor exceeds at its own risk. B. OPTIONS Options for additional quantities or performance periods may be included in contracts, provided that: (i) the option is contained in the solicitation; (ii) the option is a unilateral right of the PHA; (iii) the contract states a limit on the additional quantities and the overall term of the contract; (iv) the options are evaluated as part of the initial competition; (v) the contract states the period within which the options may be exercised; (vi) the options may be exercised only at the price specified in or reasonably determina- ble from the contract; and (vii) the options may be exercised only if determined to be more advantageous to the PHA than conducting a new procurement. C. CONTRACT CLAUSES In addition to containing a clause identifying the contract type, all contracts shall include any clauses required by Federal statutes, executive orders, and their implementing regulations, as provided in 24 CFR 85.36(i), such as the following: 1. Termination for convenience, 2. Termination for default, 3. Equal Employment Opportunity, 14 t55 D. 4. Anti -Kickback Act, 5. Davis -Bacon Act, 6. Contract Work Hours and Safety Standards Act, reporting requirements, 7. Patent rights, 8. Rights in data, 9. Examination of records by Comptroller General, retention of records for three years after closeout, 10. Clean air and water, 11. Energy efficiency standards, 12. Bid protests and contract claims, . 13. Value engineering, and 14. Payment of funds to influence certain Federal transactions. The operational procedures required by section IIA of this statement shall contain the text of all clauses and required certifications (such as required non- collusive affidavits) used by the PHA. CONTRACT ADMINISTRATION A contract administration system designed to insure that contractors perform in accordance with their contracts shall be maintained. The operational procedures required by Section IIA above shall contain guidelines for inspection of supplies, services, or construction, as well as monitoring contractor performance, status reporting on construction contracts, and similar matters. For cost reimbursement contracts with commercial firms, costs are allowable only to the extent that they are consis- tent with the cost principles in FAR Subpart 31.2. 15 166 VI. SPECIFICATIONS A. GENERAL All specifications shall be drafted so as to promote overall economy for the purposes intended and to encourage competition in satisfying the PHA's needs. Specifications shall be reviewed prior to solicitation to ensure that they are not unduly restrictive or represent unnecessary or duplicative items. Functional or performance specifications are preferred. Detailed product specifications shall be avoided whenever possible. Consideration shall be given to consolidat- ing or breaking out procurements to obtain a more economical purchase (but see VIII below). For equip- ment purchases, a lease versus purchase analysis should be performed to determine the most economical form of procurement. B. LIMITATIONS The following specification limitations shall be avoided: geographic restrictions not mandated or encouraged by applicable Federal law (except for architect -engineer contracts, which may include geographic location as a selection factor if adequate competition is available); unnecessary bonding or experience requirements; brand name specifications (unless a written determination is made that only the identified item will satisfy the PHA's needs); brand name or equal specifications (unless they list the minimum essential characteristics and standards to which the item must conform to satisfy its intended use). Nothing in this procurement policy shall preempt any State licensing laws. Specifications shall be scrutinized to ensure that organizational conflicts of interest do not occur (for example, having a consultant perform a study of the PHA's computer needs and then allowing that consultant to compete for the subsequent contract for the computers). 16 t55 VII. APPEALS AND REMEDIES A. GENERAL It is the PHA's policy to resolve all contractual issues informally at the PHA level, without litigation. Disputes shall not be referred to HUD until all administrative remedies have been exhausted at the PHA level. When appropriate, the PHA may consider the use of informal discussions between the parties by in- dividuals who did not participate substantially in the matter in dispute, to help resolve the differences. HUD will only review protests in cases of violations of Federal law or regulations and failure of the PHA to review a complaint or protest. B. BID PROTESTS Any actual or prospective contractor may protest the solicitation or award of a contract for serious violations of the principles of this Statement. Any protest against a solicitation must be received before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received within ten calendar days after contract award, or the protest will not be considered. All bid protests shall be in writing, submitted to the Con- tracting Officer or designee, who shall issue a written decision on the matter. The Contracting Officer may, at his or her discretion, suspend the procurement pending resolution of the protest, if warranted by the facts presented. C. CONTRACT CLAIMS All claims by a contractor relating to performance of a contract shall be submitted in writing to the Contract- ing Officer or designee for a written decision. The contractor may request a conference on the claim. The Contracting Officer's decision shall inform the contractor of its appeal rights to the Housing Ad- ministrator. 17 165 VIII. ASSISTANCE TO SMALL AND OTHER BUSINESSES A. REQUIRED EFFORTS 1. Consistent with Presidential Executive orders 11625, 12138, and 12432, and Section 3 of the HUD Act of 1968, the PHA shall make efforts to ensure that small and minority-owned businesses, women's business enterprises, labor surplus area busi- nesses, and individuals or firms located in or owned in substantial part by persons residing in the area of a PHA proiect are used when possible. Such efforts shall include, but shall not be limited to: a. Including such firms,. when qualified, on solicitation mailing lists; b. Encouraging their participation through direct solicitation of bids or proposals whenever they are potential sources; C. Dividing total requirements, when economi- cally feasible, into smaller tasks or quantities to permit maximum participation by such firms; .d. Establishing delivery schedules, where the requirement permits, which encourage participation by such firms; e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; f. Including in contracts a clause requiring contractors, to the greatest extent feasib- le, to provide opportunities for training and employment for lower income residents of the project area and to award subcontracts for work in connection with the project to business concerns which are located in, or owned in substantial part by persons residing in the area of the project, as described in 24 CFR 135; g. Requiring prime contractors, when sub- contracting is anticipated, to take the positive steps listed in Ala through Alf above. 18 fS5 Goals may be established by the PHA periodically for participation by small businesses, minority- owned businesses, women's business enterprises, labor surplus area businesses, and business concerns which are located in, or owned in substantial part by persons residing in the area of the project, in the PHA's prime contracts and subcontracting opportunities. B. DEFINITIONS 1. A small business is defined as a business which is: independently owned; not dominant in its field of operation; and not an affiliate or subsidiary of a business dominant in its field of operation. The size standards in 13 CFR 121 shall be used, unless the PHA determines that their use,is inappropriate. 2. A minority-owned business is defined as a business which is at lest 51% owned by one or more minority group members; or, in the case of a publicly -owned business, one in which at least 51% of its voting stock is owned by one or more minority group members, and whose management and daily business operations are controlled by one or more such individuals. Minority group members include, but are not limited to Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans and Asian Indian Americans, and Hasidic Jewish Americans. 3. A women's business enterprise is defined as a business that is at least 51% owned by a woman or women who are U.S. citizens and who also control or operate the business. 4. A labor surplus area business is defined as a business which, together with its immediate subcontractors, will incur more than 50% of the cost of performing the contract in an area of concentrated unemployment or underemployment, as defined by the U.S. Department of Labor in 20 CFR 654, Subpart A, and in lists of labor surplus areas published by the Employment and Training Administration. 5. A business concern located in the area of the project, is defined as an individual or firm located within the relevant Section 3 covered project area, as determined pursuant to 24 CFR 135.15, listed on HUD's registry of eligible W r35 business concerns, and meeting the definition of small business above. A business concern owned in substantial part by persons residing in the area of the project is defined as a business concern which is 51% or more owned by persons residing within the Section 3 covered project, owned by persons considered by the U.S. Small Business Administration to be socially or economically disadvantaged, listed on HUD's registry of eligible business concerns, and meeting the definition of small business above. 20 (ISS IX. ETHICS IN PUBLIC CONTRACTING A B. C. 51 GENERAL The PHA shall adhere to the following code of conduct, consistent with applicable State or local law. CONFLICT OF INTEREST No employee, officer or agent of this PHA shall participate directly or indirectly in the selection or in the award or administration of any contract if a conflict, real or apparent, would be involved. Such conflict would arise when a financial or other interest in a firm selected for award is held by: 1. An employee, officer or agent involved in making the award; 2. His/her relative (including father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister); 3. His/her partner; or 4. An organization which employs, is negotiating to employ, or has an arrangement concerning prospec- tive employment of any of the above. GRATUITIES, KICKBACKS, AND USE OF CONFIDENTIAL INFORMA- TION PHA officers, employees or agents shall not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subcontracts, and shall not knowingly use confidential information for actual or anticipated personal gain. PROHIBITION AGAINST CONTINGENT FEES Contractors shall not retain a person to solicit or secure a PHA contract for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial selling agencies. rA,_76,� City Attorney's 01't 6-a-q� 041 procure.pol Fxa /55 Tt . Pyr, RESOLUTION NO. 91-156 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUC- TION OF THE CIVIC CENTER NORTH COURT ADDITION. WHEREAS, Denis Della Vedova, Inc. of Albia, Iowa has submitted the best bid with Alternates of $1,306,538.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for -the construction of the above-named project is hereby awarded to Denis Della Vedova, Inc. of Albia, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Court-ne and seconded by Nn,,ink the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco Courtney Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 99H, day of .Tune , 1991. . i0 /AYOR ATTEST: CITY'CLERK City Attorney's Office 0 '\award.ras kyr RESOLUTION NO. 91-157 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1991, THROUGH JUNE 30, 1993. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining.representatives, have negotiated a collective bargaining agreement to be effective July 1, 1991, through June 30, 1993, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement It was moved -by Kubby and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson Y McDonald --x Novick Passed and approved this 25th day of June 1991, ATTEST: Aauev►eo CITY CLERK fire.res / A /Approved - /// � �'r&& City Attomey' Office 60 -�I-e ^ q 151 CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 11 1991 JUNE 30, 1993 151 TABLE OF CONTENTS PAGE Preamble...................................................... 1 Article I — Recognition ............................................. 2 Article II — Management Rights ....................................... 2 Article III — No Strike - No Lockout .................................... 3 Article IV — Dues Check Off ......................................... 3 Article V — Hours of Work .......................................... 4 Article VI — Overtime .............................................. 5 Article VII -- Special Leaves ......................................... 6 Article VIII — Holidays ............................................. 9 Article IX — Sick Leave ............................................ 10 Article X — Vacations ............................................ 12 Article XI — Union Activities ........................................ 13 Article XII — Uniforms and Equipment ................................. 13 Article XIII -- Insurance ........................................... 14 Article XIV — Duty Outside the City ................................... 15 Article XV -- Training Programs ..................................... 15 Article XVI — Bulletin Boards ........................................ 15 Article XVII — Personnel Transactions ................................. 16 Article XVIII -- Discipline .......................................... 16 Article XIX — Transfer Procedures ..................................... 17 Article XX — Supplemental Employment ................................ 17 Article XXI -- Safety ............................................. 17 Article XXII — Grievance Procedure .................................. 18 Article XXIII — General Conditions .................................... 20 Article XXIV — Waiver ............................................ 21 Article XXV — Savings Clause ...................................... 21 Article XXVI — Duration ............................................ 21 Article XXVII — Wages ............................................. 22 Article XXVIII -- Other Compensation .................................. 22 Article XXIX — Use of Time Off ...................................... 24 157 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: 1 (57 ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 ofthe Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it inteffere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C.. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. I. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. 2 t57 ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten 00) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. 3 167 ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. - An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battalion Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. c.. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. ffin . The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period which exceeds 24 consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the second step rate of the rank being replaced, whichever is higher. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chief's position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. 4 15? Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Fire- fighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. b. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts -such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24). hour shift or who is called back to work for. fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to-do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate'of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial 5 /57 considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2-1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth 0 /10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A:M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. 0 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one- tenth 0 /10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniurv. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, b. The City's medical advisor determines that time off work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick leave. its Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent -in-law, aunt or uncle, brother-in- law, sister-in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve 02) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributiohs if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; C. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences; must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 161 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten 00) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to. the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section. 8. Preonancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, 8 l5'7 miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January) - in the second year of this agreement; Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, Q the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of [one hundred thirty-five (135) hours in the second year of this agreement] of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4- Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. 9 It 157 ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve 0 2) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during thefirst ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1 /2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result 10 of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self- employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City -Union committee may waive such payback due to the death or permanent disability of the employee. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years More than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours 01 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion -will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the depart- ment. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. 12 ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available fUr fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement,. agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Neootiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Spring/Fall jacket Necktie Belt 3 summer shirts Fire Fighting helmet 3 winter shirts Turn out coat 3 dress pants Bunker pants Work gloves and mitts Day boots 13 151 Winter coat Night boots 3 work pants 1 pair work shoes 2 tee. shirts Department patches/badges Sweatshirt Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of. eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining .unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this, agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rata share of the cost of the premium will be paid. for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B".. Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. 14 ISI Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this- agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will' be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. 15 151 ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall electto pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. 16 1.57 Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided. that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employ- ment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work: Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Safety Committee. A safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. Section 5. Drug Testing. The City and the Union recognize the rights and -responsibili- ties of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE . Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3).alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right 18 157 to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representa- tive), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The 19 t 57 rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job- related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $10.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available.at times and in areas designated by the Fire Chief. 20 161 Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet -and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement, and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supercedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended.. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1991, and June 30, 1993, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. 21 X51 ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Section 2. The base pay of each step for the Iowa City Fre Department Firefighters, Lieutenants, and Captains will be increased by five (5) percent at the beginning of Fiscal Year 1992 and by two and one-half (2.5) percent at the beginning of the first pay period of Fiscal Year 1993, and further by two and one-half (2.5) percent at the beginning of the fourteenth pay period of Fiscal Year 1993, said adjustments to become effective on the appropriate dates as defined in Section 1 above. A copy of the pay plans for'FY92 and FY93 are attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step B - after six (6) months at Step A. Step C - after six (6) months at Step B. Step D - after one (1) year at Step C. Step E - after one (1) year at Step D. Step F - after one (1) year at Step E. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall receive the greater of a one step increase or increase to the salary range minimum upon promotion and shall be eligible to receive a one step increase, not to exceed the salary range maximum, one year following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967 =100. b. The base index month shall be May, 1991 for FY92 and May, 1992 for FY93. 22 (3? C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost.of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in -question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the ,following schedule: Length of Service on December 1 5 years 1 day - 10 years $275.00 10 years 1 day - 15 years 450.00 15 years 1 day - 20 years 600.00 20 years 1 day + 750.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a proratedbasis (monthly segments). For example, an employee who retires on January 1, will return $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician -Defibrillator as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of two hundred and fifty dollars (5250.00) on the second pay day of the fiscal year. 23 161 ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replace- ment personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. CITY OF 10WA CITY, IOWA Date: G- �S'-9/ 24 IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 By: By: - Date: (9 _�S— � / Apptnrre Y City Att¢mey's O fico &-1"-7�/ 1,67 FIRE PAY PLAN - JULY 6, 1991 - FY92 TI CL JOB TITLE STEP --- --- .................... 35 1 FIREFIGHTER 36 1 FIRE LIEUTENANT 37 1 FIRE CAPTAIN FIRE PAY PLAN - JULY 4, 1992 - FY93 TI CL JOB TITLE STEP 35 1 FIREFIGHTER ' 36 1 FIRE LIEUTENANT 37 1 FIRE CAPTAIN FIRE PAY PLAN - JANUARY 2, 1993 - FY93 TI CL JOB TITLE --- --- 35 1 FIREFIGHTER 36 1 FIRE LIEUTENANT 37 1 FIRE CAPTAIN EXHIBIT A 1 2 3 4 5 6 $8.02 58.37 $8.74 59.08 $9.49 $9.91 $898.24 $937.44 $978.88 $1,016.96 51,062.88 $1,109.92 523,354.24 $24,373.44 525,450.88 526,440.96 527,634.88 528,857.92 $9.91 $10.34 510.84 S1,109.92 51,158.08 51,214.08 $28,857.92 $30,110.08 $31,566.08 $10.84 $11.29 $11.80 $1,214.08 $1,264.48 $1,321.60 $31,566.08 $32,876.48 S34,361.60 1 2 3 4 5 6 58.22 58.58 58.96 49.31 S9.73 $10.16 $920.64 $960.96 $1,003.52 $1,042.72 $1,089.76 51;137.92 $23,936.64 824,984.96 $26,091.52 527,110.72 $28,333.76 $29,585.92 $10.16 $10.60 411.11 51,137.92 S1,187.20 S1,244.32 529,585.92 530,867.20 532,352.32 511.11 411.57 512.10 S1,244.32 $1,295.84 $1,355.20- $32,352.32 533,691.84 535,235.20 STEP 1 2 3 4 5 6 $8.43 $9.79 59.18 59.54 S9.97 $10.41 5944.16 $984.48 51,028.16 $1,068.48 51,116.64 $1,165.92 524,548.16 $25,596.48 $26,732.16 $27,780.48 $29,032.64 $30,313.92 S10.41 S10.87 511.39 51,165.92 51,217.44 S1,275.68 - $30,313.92 S31,653.44 S33,167.68 $11.39 $11.86 $12.40 $1,275.68 $1,328.32 51,388.80 $33,167.68 $34,536.32 S36,108.80 • BASED ON 56 HOUR WORK WEEK \ 51 9 IOWA 500 IOWA 500 HEALTH CARE COVERAGE APPENDIX B IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar :coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a. doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family , or course, can n line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services P care PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits Outpatient NERVOUS'AND MENTAL 90/10 . Surgery Outpatient - 90/10 to $10,000 . Diagnositc x-ray and laboratory Lifetime Maximum. services . Accident care SKILLED NURSING FACILITY 90/10 . Unlimited Room and Board HOME HEALTH CARE 90/10 . Services and supplies . Services provided by a Registered Nurse Services prescribed by a physician ls1 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject t0 a $100 contract deductible per calendar year • Prescriptions . Anesthetics • Blood plasma • Casts . Crutches . Durable medical equipment . Other supplies when ordered by a physician Nursing Services Private -duty nursing services Ambulance Air Ground DEDUCTIBLES AND COPAYMENT . Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospital Admission. . Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. . Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, hone health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 1005 of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the $10,000 Lifetime Maximum is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. HoepiW Physidan — 0"W — service Service Comed Services 1 or 2 day 90%MO% $100 deductFOW dedudbb 9D%/10% urns $500 per aan,aCt rtraprtran °_ `•' r ICNA500PA*S (51 Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and affective dental maintenance. More than 8V19 of the dentists In Iowa participate In the Delta Dental program. Delta Dental payment is based on Usual. Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program Includes a 'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental practices. Uke Blue Cross and Blue Shield of bwa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and Your employees — and saves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- . mum payment allowances for covered services. These benefits are combined to meet your needs: Prsverrdw Maintenance benefit includes: e Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. e Teeth cleaning once every six months.. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major. Restorative benefit covers: • High-ost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. �51 Delta Dental Plan w„:.. z.4 ri of Iowa Delta Dental Plan of Iowa RATE QUOTATION PLAN II Program Benefit: Deductible Comment SinglelFamny © Preventive Maintenance (Annual) $ % ® Routine Restorative s- 25/75 50 % © Major Restorative $ 0 50 % O Dental Prosthetics s % ❑ Periodontics $ % ❑ Orthodontics, $ % O Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year Family S 500 per member, per year Lffetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family. $ _ — per month These rates guaranteed for 12 months beginning on7-1-85_ if purchased by _ 7-1-85 Iwtal Idatal 'Rates Quoted here are based upon census information provided and acquiring and maintaining a minim um enrollmerit of 9001: of total eligible employees for the duration of the contract. LU.�for. ►uthL4jUL--- ori:ed Re This is a general desciiption of coverage. It is not a statement of contract. Actual coverage is subjea to the terms and conditions specified in the contract itself and enrollmem regulations in force when the contract becomes effective. Delta Dental Plan no,,, sa 2MDelta Iowa SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 510 MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect. from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed an an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. 'es gnated surgeries which are not performed an an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length'of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge -Incentive Employees will receive 25% of the correction of an overcharge -or overpayment when the overcharge/ overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is 5500 (pre -withholding). Documentation of the em- ployee -initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received 5100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City -prior to treat- ment. IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, CI OF A CI IAFF, AFL-CIO, LOCAL #6.10 BY: ���-I-�/ / By :U[T MANAGER Date: �" ""� / s�7 Date: SETTLEMENT AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 MAY 2, 1986 The parties agree that it is in their interest that the following terms of agreement be enacted supplementary to the existing FY86 collective bar- gaining agreement, the effective term of the settlement agreement to be from July 1, 1986 to June 30, 1987. 1. Effective 7/1/86 the base pay of each step of the Iowa City Fire Department Firefighters, Lieutenants and Captains will be increased by 3.5%, said adjustment to become effective on the appropriate date as defined in Article XXVII, Section 1 of the FY86 collective bargaining agreement. 2. Parking permits. Members of the IAFF Local 610 bargaining unit shall be required to pay parking fees for permits in an amount equal to that charged other City employees who park in the Civic Center parking lot. 3. It is understood that the Fire Chief is contemplating recommending to the City Manager the purchase of the following clothing and equipment items for bargaining unit employees: A. T-shirts. B. Nomex hoods. C. Masks/face pieces. 4. Temporary vacancies. The Association agrees that it has no complaint as to the method of the Fire Chief in filling temporary vacancies which exist on 5/2/86. 5. FLSA. The Union does not object to the current method used by the City in paying FLSA monies. 6. The prohibited practice charge filed by the Association will be held in abeyance pending approval by the parties of this agreement. Should the agreement not be approved, the parties will continue the litiga- tion by submitting the case in affidavit and stipulated facts with the appropriate legal argument and without need for an actual on-site hearing. 7. If the terms of this agreement are approved, the underlying prohibited practice charge giving rise to this agreement shall be dismissed by the Association with prejudice. 8. It is understood that the remainder of the FY86 collective bargaining agreement between the parties will remain as is except as modified by the terms of this agreement and as required to make date changes in Articles XXVI, XXVII, and XXVIII. I5? -2 - CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFES- SIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: . Mayor Date: June 17, 1986 Date ATTEST: 1j 20;4 7Y. kO.A J city Clerk 15? SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 56 hours/40 hours = 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour workweek rate. The annual salary for a Lieytenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. Pay Plan Step 1 Step 2 Step 3 FY92 15.18 15.81- 16.52 1,214.40 1,264.80 1,321.60 31,574.40 32,884.80 34,361.60 FY93 15.55 16.20 16.94 July -Dec. 1,244.00 1,296.00 1,355.20 32,344.00 33,696.00 35,235.20 FY93 .15.95 16.60 17.36 Jan. -June 1,276.00 1,328.00 1,388.80 33,176.00 34,528.00 36,108.80 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in'accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. 161 z The parties agree that this side letter take effect from July 1, 1991 to June 30, 1993. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: J _ By: City Manager Presiden �- i Date: fireside.@r Date: ei& l'S1 kP 7_ Z K RESOLUTION NO. 91-158 RESOLUTION TO APPROVE ONE ADDITIONAL POLICE OFFICER FOR THE IOWA CITY POLICE DEPARTMENT. WHEREAS, the need for enforcement efforts in the area of narcotics and substance abuse is recognized in the community; and WHEREAS, the position will be utilized for that effort in the City of Iowa City; and WHEREAS, the state funding for the position offers a unique opportunity for the Iowa City Police Department to cooperate with other members of the task force in this area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that an additional position for Police Officer be authorized for the Iowa City Police Department effective July 1, 1991, with funding for the position from the State grant awarded by the Governor's Alliance on Substance Abuse. It was moved by Horowitz and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby X Larson x _ McDonald x Novick Passed and approved this 25th day of June 1991 ATTEST:_24i �� CITY CLERK police.res Approved by City Attorney's Office 6 I'S It U - RESOLUTION NO. 91-159 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Iowa City Aerie /1695 Fraternal Order of Eagles - 225 HWY 1 South - 7/4/91 The Mill Restaurant - 120 E. Burlington Street - 6/30/91 Vito's - 118 E. College Street - 7/11/91 Memories - 928 Maiden Lane - 7/16/91 Maxie's - 1920 Keokuk Street - 7/29/91 Golden Oldies - 1910 S. Gilbert Street - 7/15/91 It was moved by Ambrisco and seconded by as read be adopted, and upon roll call there were: AYES: X X X X X NAYS: Horowitz ABSENT: that the Resolution Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 9th day of July 19 9L AYOR ATTEST: 7/ CIT CLERK \danceprm.res 1.59 .L� RESOLUTION NO. 91-160 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to. issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: The Airliner - 22 S. Clinton Doc's Standard - 801 Riverside Drive East-Weat Oriental Foods - 624 S. Gilbert Street It was moved by Ambrisco and seconded by Horowitz that the Resolution as .read be adopted, and upon roll call t ere were: AYES: Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick x Passed and approved this 9th Attest: AZ4, � e�Y� City�Clerk NAYS: ABSENT: day of July , 19 91 . U/z )Iyo-r, ZZ �s .gif RESOLUTION NO.g1-161 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 WEST WIDENING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-mentioned project is to be held on the 23rd day of July, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city.' 3. That the plan of the above-named project is hereby ordered placed on file . by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK and approved this 9th day of July 1991• APPROVED AS TO FORM ATTEST: A CITY CLERK ity Attorney's Office 3- 9/ f�- � RESOLUTION NO. 91-162 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY RETAINING WALL REHABILITATION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1., That a public hearing on the above-mentioned project is to be held on the 23rd day of July, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the, above-named project in a newspaper published at least once weekly and having a general circulation in the city. 3. That the plan of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK and approved this 9th day of July 1991. APPROVED AS TO FORM ATTEST: i1L.v Cl'FY CLERK ty Attorney's Office I RESOLUTION NO. 91-163 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SHARED PARKING BETWEEN TOWNCREST INVESTMENT ASSOCIATES AND THE IOWA CITY CHURCH OF THE NAZARENE, AS REQUIRED BY THE IOWA CITY BOARD OF ADJUSTMENT. WHEREAS, Towncrest Investment Associates requested a special exception to reduce the minimum yard requirements along the south boundary, to permit a proposed addition; and WHEREAS, on May 22, 1990, the Iowa City Board of Adjustment filed a decision with the City Clerk, granting the special exception request on the condition a properly executed shared parking agreement be recorded; and WHEREAS, the Easement Agreement for Shared Parking between Towncrest Investments Associates and the Church of the Nazarene has now been properly executed and is ready for recordation; and WHEREAS, the Board of Adjustment required that the City be made a party to the agreement, in order to protect the City's interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the attached Easement Agreement for Shared Parking is in the public interest, in order to alert all parties involved, and is hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized to execute the Easement Agreement for Shared Parking between Towncrest Investment Associates and the Iowa City Church of the Nazarene, as.required by the Iowa City Board of Adjustment, for recordation by Towncrest Investment Associates. 3. Upon recordation, Towncrest Investment Associates will return the original, recorded Easement Agreement to the City Clerk's office, as a permanent City record, with copies of the returned, recorded document for all parties involved. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X X X X —7— x X NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Aes Z ik 1103 Resolution No. 91-163 Page 2 Passed and approved this 9th day of ATTEST: 7Ked CI CLERK legaRparking.res 1991. Approved by (fir»c.c� jty Attorney's Office I % 9- 9i 10 This agreement is entered into between Towncrest Investment Associates, an Iowa general partnership (hereinafter sometimes referred to as "Towncrest"), the Iowa City Church of the Nazarene, an Iowa Corporation (hereinafter sometimes referred to as "the Church"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter sometimes referred to as "the City"). WHEREAS, the Church is the owner of the following described property in Iowa City, Johnson County, Iowa, located at 1035 Wade Street, Iowa City: Lots 17, 18, and 19, Block 1, Towncrest Addition Part One to Iowa City, according to the recorded plat thereof. WHEREAS, the Church has an asphalt parking lot on its property which the Church and Towncrest agree may be shared in use between the two of them; and, WHEREAS, in order to satisfy certain requirements imposed by the City on Towncrest, which requirements basically include the filing and recording of a properly executed agreement for shared parking on the Church's property. NOW, THEREFORE, IT IS AGREED as follows: 1. Perpetual Easement. The Church grants to Towncrest a perpetual easement on the existing parking lot adjacent to the Church building located on the above-described property so as to permit Towncrest, it guests, and invitees, and the guests and invitees of Towncrest's tenants, to park on the I03 - 2 - parking lot and utilize the same during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, subject to the church's right to occupy said lot during these times for special events, funerals, weddings, etc., by giving written notice to Towncrest at least one day in advance of the event. A minimum of 25 parking spaces shall be available. 2. Liability. Towncrest and the Church agree that Towncrest will assume all liability for any injury or harm to any person injured while utilizing the parking lot as a guest or invitee of Towncrest or its tenants. Towncrest agrees to indemnify and hold the Church harmless from any such liability, including assuming the obligation to defend the Church and pay any defense costs associated with any claim asserted against the Church by any injured party. Because of the potential that Towncrest would be named as a party defendant in any lawsuit by a person injured while using the parking lot, whether that person used the lot as a guest of Towncrest or as a guest or invitee of the Church, the Church agrees to promptly give Towncrest notice of any claim received by it of any person injured while using the parking lot, and further agrees to give Towncrest notice of any injury received by a person using the lot which the Church reasonably believes could become a claim or lawsuit. This notification will assist Towncrest in providing required notices to its insurance carrier. 10 - 3 - 3. Maintenance. Towncrest agrees to maintain and repair the parking lot as needed, including repainting and striping, asphalting, and snow removal. snow removed shall not be piled in the grassed areas near Church signs. 4. Insurance. Towncrest and the Church each agree to keep their respective property interests in the parking lot area insured for liability. Towncrest agrees to add the Church as a named beneficiary on Towncrest's liability insurance policy. S. Possible Survey. In the event it becomes necessary for the Church, for title purposes, to have the precise location of the parking lot and, therefore, the easement area defined, Towncrest agrees to provide a survey of the boundaries of the parking lot to the Church in recordable form at Towncrest's expense. 6. Bindina Effect. The provisions of this agreement shall be binding upon the assigns and successors of each party. 7. Annual Inspection. Towncrest and the Church will meet annually to determine current maintenance needs and any changes in the maintenance program. Dated at Iowa City, Iowa, on this -J—T day of 1991. 1(b3 iAyoved By City Attorney's Oiticl� yi STATE OF IOWA ) )ss: JOHNSON COUNTY ) - a - CITY OF IOWA CITY, IOWA By: hn McDonald ayor JJ Attest: e. 2 Marian K. Karr City Clerk TOWN REST INVESTMENT ASSOCIATES B y : E est W. Sto a mo A General Partner IOWA CITY CHURCH OF THE NAZARENE By:��- Gary urkh�ar�t/,, President & Pastor Byrn"' Ruth Lillie, Secretary On this q th day of -Tul j, 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa: that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its' City Council, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. n-'� a - Notary Public in and for the State of Iowa. rb3 - 5 - STATE OF IOWA ) )ss: JOHNSON COUNTY ) on this sik day of "S u—� 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Stoppelmoor, to me personally known, who being by me duly sworn, did say that the person is one of the general partners of Towncrest Investment Associates, an Iowa general partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. — o •.• JOHN R. CLPASSEN nttcuaaS's emiaes o Io -A -q3 Not ry Public in and for the St to oJE Iowa. STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this54) day of J l 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gary R. Burkhart and Ruth Lillie, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of the Iowa City Church of the Nazarene, and that the foregoing instrument was signed by them on behalf of the church by authority of the governing body of the church and that Gary R. Burkhart and Ruth Lillie acknowledged the execution of the instrument to be the voluntary act and deed of the church by it and by them voluntarily executed. •""`•, JOHN R. CLAASSEN r.�rmmassronowwes 10-1-q3 Iota y Public in and for the tat of Iowa. 163 IL fit �j r MAY 2 21990 ` DECISIONS � IOWA CITY BOARD OF ADJUSTMENT 1�'oA _1C '. M �CkiM MAY 9, 1990 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Galer, Johnson, Pelton, Winegarden MEMBERS ABSENT: Messier STAFF PRESENT: Rockwell, Gentry, Christiansen, Neff OTHERS PRESENT: Richard Hootman, Bruce Haupen, Tom Brooks, Joanne Conroy SPECIAL EXCEPTION REM: SE -9005. The Board held a public hearing on a request submitted by Towncrest Investment Associates for special exceptions to reduce the minimum yard requirements along the south boundary for property located in the CO -1 zone at 2401-2427 Towncrest Drive from 20 feet to 5 feet along the 189.5 -foot length o1 the proposed addition and to provide off-street parking on a separate lot at 1035 Wade Street. Findings of Fact: The Board finds that the proposed special exception to reduce the minimum yard requirement along the south boundary from 20 feel to 5 feet along the 189.5 -toot length of the proposed addition and to provide off-street parking on a separate lot will not increase population density or affect the use of the municipal facilities. In the Board's view, the proposed addition will result in an improvement of conditions for the abutting residential properties by eliminating a back alley nuisance type of situation. Privacy will be increased for the adjacent residents through elimination of windows on the south wall facing the residences and replacement of fences that have deteriorated along the south property line. The Board finds that a drainage problem will be alleviated and fire protection will be addressed as pan of the proposed project. Finally, the Board finds that ensuring. and designating increased off-street parking for Towncrest clients will reduce spillover parking into residential streets. Conclusions of Law: The Board of Adjustment concludes that the requested special exception meets the standards for granting the yard modification required under Section 36-69(b) in that the intent of the yard dimension requirement established to butler residential properties from commercial uses will be met. The Board also concludes that the applicant has mel the standards under Section 36-58(d) that permits off-street parking to be located on a separate lot from the use served when there is an increase in the number of parking spaces required by an enlargement of the use. The Board concludes that the requested special exception also meets the general standards for special exceptions under Section 36-91(g)(2)b of the Zoning Ordinance because public safety considerations will be assured, the enjoyment and use of adjacent residential properties Will be enhanced, and off-street parking conditions will be improved as a result of the proposed project. Disposition: The Board approved, by a 3-1 vole (Pelton voting in the negative), the requested special exceptions to reduce the minimum yard requirements along the south boundary for property located in the CO -1 zone at 2401-2427 Towncrest Drive from 20 feet to 5 feet along the 189.5 foot length of the proposed addition and to provide off- street parking on a separate lot at 1035 Wade Street subject to the following conditions: 1. There shall be no windows in the new construction facing the residential zone. 2. Existing fences shall be replaced and improved, as is desired by a majority of the abutting neighbors. 3. The applicant shall remove the access drive between Wade Street and the west edge of the proposed addition, and plant the area with grass and shrubbery to soften the appearance of the new addition to the building. 4. The brick facing on the existing building shall be wrapped around the new cement block addition to increase compatibility with the surrounding residential'L� May 9, 1990 Page 2 5. 6. 7. MAY 2,2• Isco For fire safety, the new addition shall contain a sprinkler system. Signage shall be placed on the church property and the Towncrest property to Indicate availability of parking for Towncrest clients. Prior to the Issuance o1 a building permit, and with the City as a party to the agreement, a properly executed agreement for shared parking on the 1035 Wade Street property shall be recorded. VARIANCE ITEM: VR -9001. The Board held a public hearing on a request by Harold and Marilyn Rogers for a variance to permit a free-standing sign In the CN -1 zone for property located at the northwest corner of the North Dodge and Church Streets intersection. Findings of Fact: The Board finds that the applicant has other signage options available without the granting of a variance and has not demonstrated that these options would not allow the applicant to stay in business. The Board also finds that the applicants' situation Is not unique, as other businesses In the CN -1 zone must comply with the same requirements. Although the Board finds that the hardship is not of the applicants' own making, all three tests of unnecessary hardship must be met for a variance to be granted. Further, the Board finds that a freestanding sign would conflict with the intent and purpose of the CNA zone in that it detracts from the residential character of the surrounding residential neighborhood. Conclusions of Law: The Board concludes that the requested variance fails to meet the standards under Section 36-91(g)(3) which require that the applicants demonstrate that unnecessary hardship is present. The Board further concludes that denial of the variance and removal of the existing, non -conforming, 18.5 -foot high, lighted, freestanding sign will meet the Intent of the CN -1 zone and thereby serve the public interest. Disposition: The Board affirmatively denied, by a 4-0 vote, the requested variance to permit a free-standing sign in the CN -1 zone for property located at the northwest corner of North Dodge and Church Streets intersection. TIME LIMITATION: All orders and decisions of the Board which do not otherwise provide a time limitation on Applicant action shall expire six (6) months from the date they are filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized by the Board's order or decision. Section 36-91(e)(5) Iowa City Zoning Ordinance. �dCw u�u.z<7udCF.I� David Winegarden, C11airperson STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Ramona Parrott, Dug i, mWi8tl:f:Gc)IS� Al City C�erk of the City of Iowa City, Iowa, do hereby certify that the Board of Adjustment Decisions herein are a true and correct copy of the Decisions that were passed by the Board of Adjustment of Iowa City, Iowa, at a regular meeting on the 9th day of May, 1990, as the same appears of record in my Office. t Dated at Iowa City, Iowa, this 22nd day of ikSa¢t, City Clerk Ramona Parrott, Deputy INTO 1&3 1J, • fl65 "I RESOLUTION N0.91-164 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY91 SANITARY LANDFILL EXPANSION PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer. City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center. until 10:30 A.M. on.the 30th day of July. 1991. Thereafter the pias oe opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 6th day of August, 1991 or at such time and place as may be set by Council. It was moved by Courtney and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Novick X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 9th day of July , 1991. !/��l�i APPROVED AS TO FORM AYOR ATTEST:a.idx%�� CITY CLERK 'ty Attorney's Office �_ 16,E U RESOLUTION NO. 91-165 �S �K RESOLUTION AUTHORIZING THE CONVEYANCE OF THE CITY'S INTEREST IN TWO LOTS OF THE SYCAMORE VIEW SUBDIVISION FOR $67,000 AND ONE LOT FOR $65,000. WHEREAS, the City of Iowa City has undertaken a project to secure the development of new single-family residential dwellings for moderate -income first-time homebuyers utilizing City -owned property known as the Sycamore View Subdivision; and WHEREAS, in conjunction with the intention to sell said properties, the City advertised for income - eligible first-time homebuyers; and WHEREAS, upon review of applications submitted to the City and mortgage approval from their lenders, the following income -eligible first-time homebuyers have been selected to purchase a property in the Sycamore View Subdivision; and WHEREAS, a public hearing was held on this proposal to convey the City's interest in real property on April 16, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the conveyance of its interest in the following properties located at Sycamore View Subdivision: To Richard and Julie Byrum for $67,000 for Lot 2, Sycamore View Subdivision. To Tan and Hang Nguyen for $67,000 for Lot 6, Sycamore View Subdivision. To Vijay and Nirmai Goel for $65,000 for Lot 7, Sycamore View Subdivision. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute and attest all instruments and documents approved by the City Attorney to carry out the conveyance. It was moved by Kubby and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: X ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 9th day of July �L 1991. C L/� AYOR Approv by ATTEST: CITrCLERK City ttorney's Office 7 (/yi ppdcdbg\2-6-7syc.res 1(05 RESOLUTION NO. 91-166 RESOLUTION AUTHORIZING THE RELEASE OF A PROMISSORY NOTE FOR PROPERTY LOCATED AT 409 SEVENTH AVENUE. �e- $K WHEREAS, on September 13, 1985, the contract purchaser/owner of 409 Seventh Avenue executed a Promissory Note in the amount of $1,550.00 for value received by way of a weatherization loan; and WHEREAS, said Note provided a lien against subject property, described as Lot 23 in Ridgewood, Johnson County, Iowa, according to the plat thereof, recorded in Plat book 3, page 98, Plat Records of Johnson County, Iowa; and WHEREAS, the Promissory Note was paid back in full with interest to the City on June 21, 1991; and WHEREAS, in order to clear the title to the property, the City must release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City of Iowa City, Iowa, does hereby release the lien on the above-described property, which lien was created by a Promissory Note dated September 13, 1985, and recorded on September 19, 1985, in Book 800, page 260. 2. That the Mayor is authorized to execute and the City Clerk to attest the attached Release of Lien. It was moved by Larson and seconded by Nnvirk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson _ X McDonald X Novick Passed and approved this 9th day of July '1991. IYa ATTEST: ,% 7� 7e�) CIT CLERK pp drehab\409-7th. res Ap4A�y's by 1 CiteOffice '41 Date: July 9, 1991 RELEASE OF LIEN The City of Iowa City does hereby release the following -described property: Lot 23, in Ridgewood, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 3, page 98, Plat Records of Johnson County, Iowa from the obligation of the owner of 409 Seventh Avenue to the City of Iowa City, Iowa, in the principal amount of $1,550.00 represented by a Promissory Note recorded in the office of the Johnson County Recorder on September 19, 1985, in Book 800, page 260. This obligation has been paid in full and the lien is hereby released. CITY OF IOWA CITY, IOWA By: hn McDonald, Mayor Attest: 2ka_� ?� At;uj Marian Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this y ' day,of i, «, t 195, before me, `4 a "Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (8rdiaaP,=) (Resolution) No. �cj — /" passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the � th day ofT 1991, and that John McDonald and Marian K. Karr acknowledged the a cecution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ppdrehab\409-7th. rel Notary Public in and for the State of Iowa :. 1`� Tel �. Am RESOLUTION NO. 91-167 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MID -EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CENTER FOR SENIOR PEER COUNSELING PROGRAM. WHEREAS, the City of Iowa City is operating a Senior Center for the benefit of elderly residents of Johnson County; and WHEREAS, the City has negotiated an agreement with the Mid -Eastern Iowa Community Mental Health Center for lease of space at the Iowa City Senior Center for the provision of a Senior Peer Counseling Program; and WHEREAS, the City Council deems it in the public interest to enter into an Agreement to provide space, utilities and services at, the Iowa City Senior Center for the Mid -Eastern Iowa Community Mental Health Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, , The Mayor is hereby authorized to sign and the City Clerk to attest the attached Agreement between the City of Iowa City and the Mid -Eastern Iowa Community Mental Health Center for lease of space at the Iowa City Senior Center for a Senior Peer Counseling Program. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X_ Horowitz X— Kubby X Larson X McDonald X Novick Passed and approved this 9,b day of 1991. YOR Approved bi��r.�✓ ATTEST: hw CIT CLERK City Attorney's Office Iegaruneccases j(p-7 LEASE AGREEMENT CITY OF IOWA CITY/MID-EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER THIS LEASE AGREEMENT, made and entered into as of the 9th day of .T„i y 1991, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as Lessor, and the Mid -Eastern Iowa Community Mental Health Center, hereinafter referred to as Lessee. WHEREAS, Lessee is an organization whose goals are to make the lives of older people more healthful and to help older people keep control of their lives as long as possible; and WHEREAS, Lessor operates a Senior Center to, among other things, provide a place for senior citizens to meet and participate in programs and activities of interest to those citizens; and WHEREAS, it is in the mutual interest of the Lessor and Lessee to attempt to meet Lessee's goals at the Senior Center. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the parties agree as follows: I. LEASED SPACE AND SERVICES. A. Lessor shall lease space to Lessee in the general office on the second floor of the Senior Center (the "Leased Premises") on a periodic (non -full-time) basis for use in providing a peer counseling service for senior citizens. The days and times of such use shall be as agreed from time to time by Lessee and the Director of the Senior Center. B. Lessor shall provide heating and cooling to the Leased Premises at a level deemed appropriate for older persons. C. Lessor shall provide regular janitorial services and refuse pick-up on a schedule deemed Appropriate by the Senior Center staff. D. In addition to and as part of the Leased Premises, Lessor shall supply a desk and desk chair for the Program Director. E. Lessor agrees to make available at a nominal cost per copy the services of a copying machine and its print shop. F. Lessor agrees that Lessee may use the City's central telephone system, but Lessee shall pay the cost of a phone any cost of installing new lines or other telephone facilities. II. LESSEE'S OBLIGATIONS. A. During the term of this Lease Agreement, Lessee agrees to provide services and activities which are consistent with the purposes and goals of the Senior Center, such services to include, but not be limited to: coordinating, training, supervison of senior peer counselors, screening, matching/referral of potential clients. B. Lessee shall submit to the Senior Center staff an annual report on services it performed. Such report shall be submitted no later than 60 days after the end of Lessee's fiscal year. 16"? 2 C. Lessee shall submit to Senior Center staff an annual report of requests it has received for services or activities which are not currently provided in Iowa City. D. Lessee shall cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participating in scheduled activities (duplicated and unduplicated counts). 3. To the extent it legally may do so, Lessor agrees to treat in a confidential manner all participant information that is jointly gathered. E. Lessee shall submit a written notice at least 30 days before any program changes. F. Lessee shall strongly encourage its officers, agents and employees to obtain and maintain in force cardiopulmonary resuscitation (CPR) certification. III. INDEMNIFICATION. Lessee agrees, during and after the term of this Lease Agreement, to defend and indemnify Lessor, and its officers, agents and employees, and to hold them harmless from all losses, costs, liabilities, damages or expenses, directly or indirectly incurred, or arising from, or as a result of, or in connection with, this Lease Agreement, the Leased Premises, or any equipment or services provided by Lessor hereunder. IV. NON-DISCRIMINATION. Lessee shall not deny its services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE. During the term of this Lease Agreement, Lessee shall maintain in effect a comprehensive liability insurance policy issued by a company authorized to do business in the State of Iowa, and in a form approved by the City Manager. The minimum limits of such policy shall be as follows: Three hundred thousand dollars ($300,000) single limit coverage for personal injuries or death, and fifty thousand ($50,0.00) for property damage. Lessee shall, upon request, furnish Lessor with a certificate of such insurance. The failure of Lessee to maintain such insurance in force shall constitute immediate termination of this Agreement and all rights contained herein. VI. ASSIGNMENT. A. This Lease Agreement may not be assigned by Lessee without prior written consent of the Lessor. B. No space assigned to Lessee hereunder may be assigned to any other agency or organization. 110-7 VII. TERM AND TERMINATION. This Lease Agreement shall become effective July 1, 1991, and shall continue until terminated as provided herein, to -wit: (a) upon 30 days written notice by either party in the event that there is a material or substantial change in Lessee's program as currently being operated, or (b) by Lessor, in the event Lessee breaches any term of this Lease Agreement and fails to correct such breach within five (5) days after notice of default is given, or (c) by either party, without cause, as of June 30 of any year following ninety (90) days written notice to the other party. VIII. NO WAIVER BY CONDUCT. No waiver by Lessor of any default by Lessee hereunder, or under the terms of any prior agreement related to the Leased Premises, shall be construed as a waiver of any subsequent default by Lessee hereunder. IX. COUNTERPARTS. This Lease Agreement is executed in three counterparts, each of which shall be deemed an original. X. ENTIRE AGREEMENT. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement between the parties relating to the Leased Premises. IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed as of the day and date first above written. THE CITY OF IOWA CITY, IOWA McDonald, Mayor ATTEST: hU�jw-� �J Marian K. Karr, City Clerk le ccatoa provk���a City Attomey's Office 7_f ;j MID -EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER Title ATTEST: 1 " Name 1 �ge(Ailf; 3✓rf�CT c7i Title 1607 '11)I RESOLUTION NO. 91-168 des ZK RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S/ADMINISTRATIVE DEPARTMENT AND THE DEPARTMENT OF PLANNING AND PROGRAM DEVELOPMENT AND'AMENDING THE ADMINISTRATIVE PAY PLAN. WHEREAS, Resolution No. 91-43 adopted by the City Council on March 5, 1991, authorized permanent positions in the City Manager's/Administrative Department and the Department of Planning and Program Development for FY92; and WHEREAS, Resolution No. 91-78, adopted by the City Council on April 16, 1991, established a classification/compensation plan for Administrative employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the City Manager's/Administrative Department be amended by: 1. The deletion of the position of Assistant to the City Manager for Economic Development, grade 52. 2. The deletion of the position of Assistant to the City Manager for Neighborhood Services, grade 53. and the budgeted positions in the Department of Planning and Program Development be amended by the addition of two Associate Planners, AFSCME grade 14. BE IT FURTHER RESOLVED that the Administrative Pay Plan be amended by: 1. The deletion of the position of Economic Development Coordinator, grade 52. 2. The deletion of the position of Neighborhood Services Coordinator; grade 53. It was moved by Kubby and seconded by Horowitz upon roll call there were: the Resolution be adopted, and AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 9th day of Ju1y 1991, ATTEST: 7e -?dam CIT CLERK h uma n relladmin pay. res AYOR Approved by ty Attorney's Office 7_3 - 9/ M RESOLUTION NO. 91-169 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN. WHEREAS, Resolution No. 91-43, adopted by the City Council on March 5, 1991, authorized permanent positions in the Department of Public Works for FY92; and WHEREAS, Resolution No. 91-78, adopted by the City Council on April 16, 1991, established a classification/compensation plan for Administrative employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Engineering Division be amended by the addition of the position of Energy Coordinator/City Architect. BE IT FURTHER RESOLVED that the Administrative Pay Plan be amended by the position of Energy Coordinator/City Architect, pay grade 53. It was moved by Courtney and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: x Ambrisco % Courtney x Horowitz X Kubby % Larson x McDonald % Novick Passed and approved this 9th day of. July 1991 AYOR Approved by ATTEST: CITI? CLERK C:�City Attor��n77ey's Office / mgr\asst\architct.res — � %l 169 \N 1�tes % V - RESOLUTION NO. 91-170 RESOLUTION ESTABLISHING THE CITY'S NEIGHBORHOOD PRESERVATION POLICY AS THE POLICY OF PREFERENCE IN TRAFFIC MANAGEMENT DECISIONS. WHEREAS, the City Council has adopted policies through its Comprehensive Plan which are intended to minimize the negative impacts of arterial traffic on residential neighborhoods, while simultaneously providing trafficway improvements which will facilitate the safe, uncongested flow of traffic; and WHEREAS, the City Council has demonstrated its commitment to neighborhoods by establishment of the Office of Neighborhood Services; and WHEREAS, the City Council believes traffic management can meet the needs of the entire community without adversely affecting neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: In decisions relating to traffic management in neighborhoods, the policy of the City Council, and therefore the direction to the City staff, shall be to advocate neighborhood preservation in the exercise of traffic management. It was moved by Horowitz and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby y Larson McDonald X Novick Passed and approved this 9th day of July , 1991. ATTEST: aA.,J 7e 2e,, CI CLERK ppddir\trafmgnt.res ,YOR 110 RESOLUTION NO. 91-171 RESOLUTION IN SUPPORT OF THE COLLEGE GREEN PROJECT AND AUTHORI- ZATION FOR THE MAYOR, MAYOR PRO TEM, OR CITY MANAGER TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES. WHEREAS, the City of Iowa City has heretofore acknowledged and endorsed the importance of the College Green Revitalization Project, initiated by Project GREEN; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said Project; and WHEREAS, in order to proceed with the development of the Project, it is necessary and desirable to make application to the Iowa Department of Natural Resources through the Resource Enhancement and Protection (REAP) City Parks and Open Spaces Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The City of.lowa City ("City") is in full support of the Project known as College Green Project. 2. This historic open space is located within the City of Iowa City and is dedicated to the public and available for public use. 3. The maintenance of College Green Park will be the responsibility of the Parks and Recreation Department of the City of Iowa City and will be adequately maintained. 4. The Mayor, Mayor Pro tem, or City Manager is authorized to sign and the City Clerk to attest the application for revitalization funding for a designated part of the College Green Project through the Resource Enhancement and Protection (REAP), City Parks and Open Spaces Account with the Iowa Department of Natural Resources. It was moved by Amhri crn and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz _ x Kubby x Larson x McDonald x Novick Resolution No. _ 91-171 Page 2 Passed and approved this 9th day of YOR ATTEST:,ZAIC% CITY -CLERK mgr\collgprk.res 1991. Approved by City Attorney's Office %--?-9Y RESOLUTION NO. 91-172 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN LAYNE-WESTERN COMPANY, INC. OF AMES, IOWA AND THE CITY OF IOWA CITY FOR GEOTECHNICAL AND DRILLING SERVICES IN CONNECTION WITH THE DEVELOPMENT OF THE COMPREHENSIVE WATER SUPPLY PLAN. WHEREAS, the City of Iowa City, Iowa, has entered into an agreement with Howard R. Green Company, Cedar Rapids, Iowa for professional engineering services in connection with the preparation of a comprehensive water supply plan for the City of Iowa City Water Division; and WHEREAS, said agreement involves the investigation of potential water well fields in Johnson County, Iowa, in the vicinity of the cities of Iowa City and Hills, Iowa; and WHEREAS, professional geotechnical and drilling services are needed in connection with the investigation of said well fields; and WHEREAS, Layne -Western Company, Inc. of Ames, Iowa proposes to perform certain drilling and testing services for the City, under the coordination of Howard R. Green Company personnel. NOW, THEREFORE, BE IT RESOLVED: 1. That it is in the public interest of the City of Iowa City, Iowa that the attached agreement between Layne -Western Company, Inc. of Ames, Iowa and the City of Iowa City for geotechnical and drilling services groundwater investigation, and the same is hereby proved as to form and content. 2. That the Mayor is hereby authorized to execute and the City Clerk to attest said attached agreement on behalf of the City of Iowa City, Iowa. It was moved by Horowitz and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby �— Larson X McDonald X Novick /7a Resolution No. 01-179 Page 2 Passed and approved this 9th day of July , 1991. ATTEST: J CITY CLERK ,111AYOR Approved by /7a CONTRACT FOR GEOTECHNICAL AND DRILLING SERVICES GROUNDWATER INVESTIGATION FOR IOWA CITY, IOWA 1991 This AGREEMENT is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Layne -Western Company, Inc. of Ames, Iowa ("Driller"). WHEREAS, the City has entered into an Agreement with Howard R. Green Company, Cedar Rapids, Iowa, for professional engineering services in connection with the preparation of a COMPREHENSIVE WATER SUPPLY PLAN for the City of Iowa City Water Division; and WHEREAS, said Agreements involve the investigation of potential water well fields in Johnson County, Iowa, in the vicinity of the cities of Iowa City and Hills, Iowa; and WHEREAS, professional geotechnical and drilling services are needed in connection with the investigation of said well fields; and WHEREAS, Driller will perform certain drilling and testing services for the City, under the coordination of Howard R. Green Company personnel. Now, therefore, in consideration of their mutual promises herein, City agrees to retain Driller, and Driller agrees to provide the services set forth below, under the coordination of Howard R. Green Company personnel. /?a 2 The Driller shall provide geotechnical and drilling services ("Services") in accordance with the following tasks and unit prices, and to do so upon the written direction of the City or Howard R. Green Company: SCHEDULE OF UNIT PRICES 1. Auger drilling-mobilization/demobilization 7. Continuous auger sampling (including (to and from pioject site). 5800.00/each 2. Auger drilling/mobilization/demobilization No charge/each 9. (on-site, between holes). $80.00/each well 3. Mud-rotary-mobilization/demobilization $60.00/each 10. (to and from project site). 5800.00/each 4. Mud-rotarkmobilization/demobilization $55.00/each 11. (on-site, bellween holes) $110.00/each 5. Drill 4%" dia. (nom.) auger bore hole. $10.00/lin. ft. 6. Drill 8" dia. (nom.) mud rotary bore hole. $13.0011in. ft. 7. Continuous auger sampling (including 13. '2" PVC monitoring well screen. $63.00/10' 14. 2" Schedule 40 PVC well casing. $36.00/10' 1?a Laskey tubes and temporary storage). $15.0011in. ft. S. Grab sampling (rotary). No charge/each 9. 3" Split spoon samples (auger) (including tubes and temporary storage). $60.00/each 10. 1-3/8" Split spoon samples (auger) (including tubes and temporary storage). $55.00/each 11. 2"-3" Split spoon samples (rotary) 0-200' 5100.00/each (including tubes and temporary storage). 200' plus 5160.00/each 12. 1-3/8" Split spoon samples (including tubes and temporary storage). $55.00/each 13. '2" PVC monitoring well screen. $63.00/10' 14. 2" Schedule 40 PVC well casing. $36.00/10' 1?a 3 15. 2" PVC locking cap (lock by others). $32.00/each 16. Gravel pack, bentonite seal, grout seal. 5230.00/each 17. Borehole backfill (earthen). $1.80Ain. ft. 18. Lockable protective well casing (7 ft.). 5105.00/each 19. Well development. $110.00/each 20. Water sample. $55.00/each 21. Grain size distribution analysis and hydrometer. $65.00/each 22. Lab permeability analysis (constant head). $175.00/each The DRILLER guarantees to City the above unit prices through June 31, 1992. Driller and City agree that the Services bid by Driller and listed above; as unit prices,•shall not exceed a total of $155,396, as bid. II. RESPONSIBILITIES OF THE CITY The City, without cost to the Driller, will perform the following tasks: 1. Place at the disposal of the Driller all information in the City's possession which is pertinent to the Services, including previous reports and any other available data relative to the completion of the Services, as defined in the Scope of Services above. 2. Secure access to property, as necessary, to perform the Services. /79 4 3. Charles Schmadeke and Edward Brinton will function as the City's contact persons with respect to this CONTRACT. For purposes of coordinating the Services herein, Howard R. Green Company shall service as City's Agent. III. SCHEDULE The Services shall be provided, upon City or Howard R. Green's request, over a time period of approximately one (1) year on an "as needed" basis. The Driller shall respond to requests for Services in a timely manner. IV. COMPENSATION The Driller shall submit monthly invoices for Services rendered under this Contract during the previous calendar months. All invoices shall indicate the number of units of each type of Service and the corresponding unit price in accordance with the SCHEDULE OF UNIT PRICES above. The City will make payment within thirty (30) calendar days following review and approval of the invoice by the City and Howard R. Green Company. V. INSURANCE REQUIREMENTS A. Certificate of Insurance, Cancellation or Modification 1. Before commencing work, the Driller shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. /7a B. C. 2. 3. 5 The Driller shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel this Contract and/or to halt work on the Services, and to withhold payment for any work performed under this Contract. Minimum Coverage 1. Any policy or policies of insurance purchased by the Driller to satisfy its responsibilities under this Contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Per Per Tvoe Person Accident a. Comprehensive General Liability (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 b. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury ' $250,000 $500,000 (2) Property Damage $100,000 C. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Hold Harmless: Endorsement Required 1. The Driller shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, /7.2 M loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Driller's operations under this Contract, whether such operations be by and for the Driller or by any subcontractor or anyone directly or indirectly employed by either the Driller or its subcontractors. 2. The Driller is an independent Contractor, and is not, and shall not be deemed to be an agent or employee of the City of Iowa City, Iowa. VI. GENERAL TERMS 1. The Driller shall not commit any of the following employment practices, and agrees to prohibit the following practices in any subcontracts: a. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. iia F 2. Should the City terminate this Contract, Driller shall be paid for all work and services performed upon to the time of termination. The City may terminate this Agreement upon seven (7) calendar days written notice to the Driller. 3. This Contract shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties. 4. It is understood and agreed that the retention of the Driller by the City for the purpose stated in the Scope of Services shall be as an independent contractor and shall be exclusive, but the Driller shall have the right to employ such assistance as may be required to perform the Services. 5. It is agreed by the City that all records and files pertaining to information needed by Driller for the Services shall be made available by City upon reasonable request of the Driller. The City agrees to furnish all reasonable assistance in the use of these records and files. 6. It is further agreed that no Party to this Contract shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 7. The Driller shall furnish the services of Mr. Roy Hesemann to attend such meetings as may be requested by the City. The Driller shall also furnish the services of Mr. Dave Cheek as "lead driller" for all alluvial field investigation. Mr. Cheek shall be present on-site during all alluvial drilling and other field /%7 E-3 operations. The Driller shall furnish the services of Mr. Dean Heldt as "lead driller' for all buried channel investigation. Mr. Heldt shall be present on-site during all buried channel drilling and other field operations. Any requirements made by the City shall be given with reasonable notice to the Driller. Mr. Hesemann will direct all efforts expended by the Driller during performance of the Services, and will serve as the primary liaison with the City and Howard R. Green Company. Changes in the Driller's representatives shall be made only with the prior written approval of the City. 8. The Driller agrees to furnish, upon completion or termination of this Contract and upon demand by the City, copies of all basic logs, samples, notes and sketches, charts, computations and any other data prepared or obtained by the Driller pursuant to this Contract without cost, and without restrictions or limitations as to the use relative to specific Services or tasks covered under this Contract. In such event, the Driller shall not be liable for City's use of such documents on other projects. 9. The City agrees to tender to the Driller all fees in a timely manner, except that failure by the Driller to satisfactorily perform in accordance with this Contract shall constitute grounds for the City to. withhold payments of an amount sufficient for the City to properly complete the Services or tasks in accordance with this Contract. 10. Should any section of this Contract be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. /W U 11. Fees paid for securing approval of authorities having jurisdiction over the Services will be paid by the City. 12. The Driller agrees to defend, indemnify, and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Driller, including the Driller's employees or agents. FOR THE CITY OF IOWA CITY Witness 24� e. A� City lark A o ed by ' ffi City Attorneys 0 ce iaaeneeotech.eot FOR THE DRILLER LAYNE WESTERN COMPANY, INC. Title nentract.na_ Loa zaeer /'7 ' - .BK RESOLUTION NO. 91-173 1 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE STORAGE BUILDING AT THE NORTH WASTEWATER TREATMENT FACILITY WHEREAS, Great Plains Supply, Inc. has submitted the best bid of $54,475.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Great Plains Supply, Inc. subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby X Larson x McDonald x Novick Passed and approved this 9th day of July , 1991. ATTEST: ITY CLERK APPROVED AS TO FORM i� C ty Attorney s office 7-_-9r 113 1�_- Zk, RESOLUTION NO. 91-174 RESOLUTION IN SUPPORT OF RYERSON'S WOODS TRAIL PROJECT AND AUTHORIZATION FOR THE MAYOR, MAYOR PRO TEM, OR CITY MANAGER TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES. WHEREAS, the City of Iowa City has heretofore acknowledged the importance of natural areas such as Ryerson's Woods, and this Project has been endorsed by the Parks and Recreation Commission; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said Project, and WHEREAS, in order to proceed with the development of a minimum impact trail system within Ryerson's Woods, it is necessary and desirable to make application to the Iowa Department of Natural Resources through the Resource Enhancement and Protection (REAP) City Parks and Open Spaces Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The City of Iowa City is in full support of the Project known as Ryerson's Woods Trail Project. 2. This natural area will be available for public use for nature classes, bird watching, and will include a handicapped accessible interpretive trail. 3. The Parks Division of the Department of Parks and Recreation will be responsible for the maintenance of this area. 4. The Mayor, Mayor Pro Tem, or City Manager is authorized to sign and the City Clerk to attest the application for funding of a minimum impact trail system within Ryerson's Woods through the Resource Enhancement and Protection (REAP), City Parks and Open Spaces Account with the Iowa Department of Natural Resources. It was moved by Ambrisco adopted, and upon roll call there were: AYES: NAYS: and seconded by ABSENT: Horowitz the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick City Attorney's Offi,.a !%5 7 9 1r7y Resolution No. 91-174 Page 2 Passed and approved this 22nd day of ATTEST: )4 QA",) -e") CITY LERK mprlryerson.res July , 1991. ApproveA by City Attorney's Office % /?y�'ri I r74 RESOLUTION NO. 91-175 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Field House - 111 E. College - 8/1/91 6:20 - 620 S. Madison Street - 8/7/91 It was moved by Ambrisco and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: M NAYS: Passed and approved this 23rd day of ATTEST: \danceprm.ree YOR ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 19 91, " bK /9S RESOLUTION NO. 91-176 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER AND PAVING IMPROVEMENTS FOR PEPPERWOOD ADDITION, PART 8 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans,and specifications of the City of Iowa City, Sanitary and storm sewer improvements for Pepperwood Addition, Part 8 as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Pepperwood Addition, Part 8 as constructed by Streb Construction Co., Inc. of Iowa City. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there —were.- AYES: ere: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 23rd day of July 1 1991, ATTEST: C c: \council\accpwrk2. res %— // �7� arm RESOLUTION NO. 91-177 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PERMANENT SAMPLING WELL EASEMENTS, CONSTRUCTION EASEMENTS AND PERMANENT ACCESS EASEMENTS IN CONJUNCTION WITH IOWA CITY'S COMPREHENSIVE WATER SUPPLY PLAN. WHEREAS, the City of Iowa City has undertaken a project to investigate alternative sources of raw water supply, which project is known as the Comprehensive Water Supply Plan; and WHEREAS, a potential source of raw water is from a buried channel aquifer located south and west of Hills, Iowa, and an alluvial aquifer located southeast of Iowa City; and WHEREAS, this City Council has been advised and has determined that the acquisition of certain easements are necessary for the construction of, and access to, various sampling wells to conduct geophysical testing and surveying, and that said sampling wells, tests and surveys are for a valid public purpose; and WHEREAS, the City's consultant, Howard R. Green Company, has determined the relative location for the construction of sampling wells to initially evaluate soil and water characteristics, and to permanently monitor water levels if a well field is developed; and WHEREAS, City staff should be authorized to acquire said easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITYOF IOWA CITY, IOWA: It is in the public interest to acquire certain easements for the construction of, and access to, various sampling wells to conduct geophysical testing and surveying in order to protect the public health and welfare, and acquisition of said construction, testing and survey easements constitutes a valid public purpose. 2: The City Manager or his designee is hereby authorized and directed to negotiate the purchase of easements for the construction, sampling, and monitoring of necessary sampling wells and geophysical testing in the aquifer south and west of Hills, Iowa and southeast of Iowa City, Iowa. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute Permanent Sampling Well Easements, Construction Easements and Permanent Access Easement Agreements, for recordation in the Johnson County Recorder's Office. 4. In the event such easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such easements. / -7r7 Resolution No. 91-177 Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: Horowitz the Resolution be AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 23rd day of pwadmi nlsampwell.res 1991. Approved by //Z -�Z jty Attorney's Office /d,:�- 9/ /r7 7 I R'e�. gV_ RESOLUTION NO. 91-178 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 WEST WIDENING PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa,City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 13th day of August, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 20th day of August, 1991 or at such time and place as may be set by Council. It was moved by Kubby and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _ Novick _ Courtney Horowitz X Kubby X Larson X McDonald Passed and approved this 23rd day of July 1991. APPROVED AS TO FORM MAYOR ATTEST: k� J�✓� CITY CLERK ity Attorney's Office +'des 't1� RESOLUTION NO. 91-179 RESOLUTION APPROVING PLANS; SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF'THE OAKLAND CEMETERY RETAINING WALL REHABILITATION PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 1O`K of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 13th day of August, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at, 7:30 P.M. on the 20th day of August, 1991 or at such later time and place as may then be fixed. It was moved by Larson and seconded by Ao pw; z that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Novick X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 23rd day of July 1991. Lle A"I APPROVED AS TO FORM ATTEST: ami✓ ITY CLERK C'ty Attorney s Office if 9r 7 1 k6-1 Z� RESOLUTION NO. 91-180 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY,AND THE UNIVERSITY OF IOWA FOR USE OF THE SILURIAN WATER WELLS AT BURGE HALL WHEREAS, the City of Iowa City has developed an agreement with The University of Iowa, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the University is the owner of two Silurian water wells within the University property at Burge Hall, and, WHEREAS, the well system was constructed within University property -to provide air conditioning for Burge Hall and is no longer used for that purpose, and, WHEREAS, Iowa City has requested the use of the wells to supplement their water system and the University is agreeable to allow the use of the wells by Iowa City under the terms and conditions set forth herein, and, WHEREAS, to accommodate the use Iowa City wishes to install a water line from the wells to Iowa City water line, located on Davenport Street, and, WHEREAS, Iowa'City's installation of water lines will provide the availability of additional water to Iowa City to curtail possible future water shortages, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with The University of Iowa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded byCnnrtnpv that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco �_ Courtney X Horowitz x Kubby x— Larson x— McDonald x_ Novick Passed and approved this Sara day of Tniy 1991. ATTEST:,�f LkITY CLERK PP OVR, ED S TO FORM City AAttorney's Office AGREEMENT FOR USE OF THE SILURIAN WATER WELLS AT BURGE HALL This Agreement is entered into this 4V day of July, 1991 by and between the University of Iowa (hereinafter the "University"), and the City of Iowa City (hereinafter "Iowa City"). WHEREAS, the University is the owner of two Silurian water wells within the University property at Burge Hall, WHEREAS, the well system was constructed within University property to provide air conditioning for Burge Hall and is no longer used for that purpose, WHEREAS, Iowa City has requested the use of the wells to supplement their water system and the University is agreeable to allow the use of the wells by Iowa City under the terms and conditions set forth herein, WHEREAS, to accommodate the use Iowa City wishes to install a water line from the wells to Iowa City water lines, located on Davenport Street, WHEREAS, Iowa City's installation of water lines will provide the availability of additional water to Iowa City to curtail possible future water shortages, WHEREAS, this Agreement is entered into to set forth the terms, convenants and conditions of the permitted uses. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and the performance thereof, the parties hereto agree as follows: 1. Location: The University owns the two wells at 19,C) Burge Hall which are located within University property in Iowa City as described in "Exhibit A," attached hereto and made a part hereof. The University will own the well system up to the point of connection with the line owned by Iowa City. 2. Duration: The term of this Agreement shall be five (5) years, beginning July F/ , 1991, with reevaluation and review for extensions after the initial term. 3. Use: said wells shall supply water to Iowa City to serve Iowa City. 4. Access: Iowa City's entrance upon the University's premises for access to said wells or lines or for the installation, maintenance, repair or removal of Iowa City's equipment located thereon shall be over reasonable routes of access designated by officials of the University, and any parts of said premises damaged in the course thereof shall be promptly repaired, replaced or restored by Iowa City to substantially the same condition as they were in prior to Iowa City's entrance. Iowa City's plans for routing and installation of water lines shall be submitted for the University's approval, which shall not be unreasonably withheld. 5. Operation and Maintenance: Iowa City shall be responsible for all operations, maintenance, repair or other costs associated with the use of the Silurian water wells or the water line therefor. Iowa City shall be fully responsible, including for all costs and filings, for /4;�v obtaining any state or federal permits or approvals required for the operation and use of the wells. The University shall, at the request of Iowa City, execute any documents reasonably required for such permits or approvals. 6. Termination: This agreement may be terminated at the expiration of the initial term. The parties may then review and evaluate the need for any possible extensions. Upon termination of this Agreement, Iowa City shall, at the option of the University, at Iowa City's sole cost and expense, cap the wells permanently. Upon termination of this Agreement all rights granted herein shall terminate and revert to the University. 7. Liability: Iowa City shall indemnify and save the University harmless from any and all claims or damages arising from construction contemplated under this agreement, Iowa City's operation and use of the Silurian wells, except to the extent a claim or damage may be due to unavoidable casualty beyond the control of Iowa City and without its fault. Damages to property of the University caused by Iowa City construction, operation, maintenance or repair of the premises under this Agreement shall be repaired, replaced, restored or compensated for by Iowa City within a reasonable period of time. 8. Assignment: This, Agreement can not be assigned in whole or in part to any other party without written consent of the University which shall not be unreasonably withheld. 9. Modifications: This instrument contains the entire /'Tv agreement between the parties and may not be altered, modified or amended except in writing signed by the parties hereto. 10. Default: Each and all of the above terms, convenants and conditions are of the essence hereof and Iowa City, by accepting this instrument convenants to comply and perform as so specified; Iowa City's failure to do so shall entitle the University to terminate all rights hereunder by serving a written notice upon Iowa City specifying its defaults, and if Iowa City fails to fully comply as obligated herein within a.reasonable period of time after said notice, all of its rights hereunder shall cease and terminate and the University shall be entitled to full possession and use of the premises. IN WITNESS WHEREFORE, the parties hereto have executed this instrument by their lawfully designated officials as of the date first written above. CITY OF IOWA CITY B;?Mayor APPROVED AS TO FORM City Attorney's Office UNIVERSITY OF IOWA Business Manager /70 RESOLUTION NO. 91-181 RESOLUTION APPROVING EASEMENT AGREEMENTS AND A SCREENING AGREEMENT, AND ACCEPTING THE DEDICATION OF PUBLIC RIGHT-OF-WAY BY THE IOWA CITY KOREAN BAPTIST CHURCH. WHEREAS, the Iowa City Korean Baptist Church desires to establish a new church at 1715 Mormon Trek Boulevard, Iowa City, Iowa, on 5.69 acres of property located generally west of Mormon Trek Boulevard and north of the intersection of Iowa Highway 1 and U.S. Highway 218; and WHEREAS, the church site is zoned RS -5, requiring Board of Adjustment approval by special exception for the establishment of a religious institution; and WHEREAS, the Board of Adjustment, at its formal meeting of Wednesday, July 10, 1991, granted a special exception for the establishment of a religious institution; and WHEREAS, the approval was granted subject to the church's agreement to dedicate certain property extending into the west half of Mormon Trek Boulevard as public right-of-way and the church's agreement to provide vegetative screening along the north edge of its parking lot at such time as existing vegetation is removed;'and WHEREAS, the City Attorney's Office has reviewed the documents which dedicate the public right-of-way and contain the screening agreement, and certain other required easement agreements and has approved them as to form and content. NOW, THEREFORE, BE IT RESOLVED THAT: The Drainageway Easement Agreement, the Sanitary Sewer Easement Agreement (Church), the Sanitary Sewer Easement Agreement (Carson), and the Stormwater Management Easement Agreement, attached hereto and made a part hereof by this reference, are hereby approved and the Mayor is authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. The Parking Lot Screening Agreement, attached hereto and made a part hereof by this reference, is hereby approved and the Mayor is authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. The Quit Claim Deed, conveying real property from Iowa City Korean Baptist Church to the City of Iowa City, Iowa, is hereby accepted and the property so conveyed is hereby dedicated as public right-of-way. (QI Resolution No. 91-181 Page 2 It was moved by Ambrisco and seconded by Kubbv the Resolution be adopted, and upon roll call there were: AYES: x NAYS: Passed and approved this 23rd day of ,YO R ATTEST: //fcrA� 9� • �Cw r CITY'CLERK legal\rowdedic.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by City Attorney's Office 31147141 Ii THE IOWA STAM EM ASSOCIATM FORTNEUE EFFECTOFTr1EME ORkYI Fmm Ho.Im 01FTa13 FORM COHSULTYWR LAY R I \ I SPACE ABOVE THIS LINE i FORRECORDER QUITCLAIM DEED 4 For the consideration of ten Dollar(s)andother valuable Consideration, Iowa City Korean Baptist Church, an Iowa Coroaretion i do hereby Quit Clam to the City of Iowa City. Iowa, a Municipal Corporation all ourdght, Mle, interest, estate, clam and demand in the following described real estate in Johnson County, Iowa: All that property described in the attached Exhibit A. I This deed is given to affect the dedication of public right-of-way, which dedication was accepted by the Iowa City City Council by resolution on July 21,/991. This conveyance is exempt from transfer tax pursuant to Sec. 428A.2(6) Code of Iowa (1991). I 7c r.,.l�eo.D - � Each of the undersigned hereby re all rights of dower, homestead and distributive share in and to the real estate. - Words and phrases herein, including acknowledgment hereof, shall be Construed as in the singular or plural number, and as masculine or feminine gender, according to the Context. Dated: Tr. fy 3� Iowa City Korean Baptist Church S TEOF TG—ran rTl�r ss: 1 CO BY: � 9qn-4ce ISJW, nrand (Grantor) On is dayof Choi Byeonghee, Deacon Treasuer , 19—, beforeme the un rsigned, a Notary y Public in an for said Stale, person y appeared BY: Jong Ko0 ee, Pastor and (Grantor) President to me known to be dl ' dcalpersons namedinandwho (Grantor) executed the for-! " instrument and acknowledged that they execut the a as their voluntary act and deed. (Grantor) Notary Public (ltus fo of acknowledggment for irldivkual gr r(st any) (Grantor) (Grantor) •rre lora sola ear nssa<.aea, tee OUITCLAIM GEED rtia wml,q eaaw,v, 1991 hnsN $rylerN%, 1989 STATE OF On this _ day of in and for said County and said State, COUNTY, ss: 19 —before me, the undersigned, a Notary Public to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary ad and deed. Notary Public STATE OF IOWA JOHNSON COUNTY ss: On this �nday of C 19 91 , before me, the undersigned, a Notary Public in and for said State, personalty appeared Choi yeonehee and Jong Koo Lee , to me personally known, who, being by me duty swom, did say that they are the Deacon/Treasurer and Pastor/President respectively, of said corporation; that (no seal has been procured by the sad) corporation; that said instrument was signed anted �x uxof its Choi Beonhee on behalf of said corporation by authority of i6 Board of Directors; and that the said y S and Jong Koo Lee a.� such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. r m J, Notary Public O z ¢ W 0 w W 3 oa I�' I� Edda a a a Q v c � A aC m m N � m m I d C Y N V N U o en S v Q y S? -2 o W _ LL S 0 p� (J O N O tc Q m J, Notary Public O z ¢ W 0 w W 3 EXHIBIT A LEGAL DESCRIPTION Commencing at the Northeast Corner of the NOre'hwest Quarter of the Northwest Quarter of Section 20, TOwhShJD 79 North, Range 6 West, Of the 5th Principal Meridian; Thence S00"20'30"W, a recorded bearing, along the East Line Of said Northwest Ouarter, Of the Northwest Ouarter, Of Section 20, 80.00 feet, to its intersection With a line 40.00 feet, radially distant Southwesterly, of the Centerline of Relocated Mormon Trek Boulevard; Thence Northwesterly, 83.01 feet, along a 803.94 foot radius curve, concave Northeasterly, whose 82.97 foot Onord bears N15'21'15"W; Thence 569'57'38"E, 22.45 feet, to the Point of Beginning. Said tract of land contains 957 Square Feet, more or less, and is suoject to easements and restrictions of record. AND Commencing at the Southeast Corner of the Southwest Quarter of the Southwest Quarter of Section 17. Townsnip 79 North, Range 6 West, of the 5th Principal Meridian; Thence N00'24'00"W, a recorded bearing. along the East Line of said Southwest Quarter, Of Lne"SOutnwest Ouarter, of Sec5lon 17, 167.27 feet, to Centerline P.T. Station 5135+45.41 ; 135X45.41; Thence S89 36'00"W, 33.00 feet, to the POINT OF BEGINNING: thence 500'24 00"E, 105.87 feet, to a Point of intersection with a line 40.00 feet, radially distant Southwesterly. Of the Centerline of Relocated Mormon Trek Boulevard; Thence Northwesterly, 106.17 fee", along a 803.94 foot radius curve. concave Northeasterly, whose 106.10 foot Chord bears N04'11'01"W; Thence N00'24'00"W, 13.20 feet; Thence N83'41'55"E. 7.04 feet, to a point on the Westerly Right -of -Way Line of said Mormon Trek Boulevard; Thence 500'24'00"E, along said Westerly Right -of -Way Line, 13.92 feet, to the Point of Beginning. Said Tract of Land contains 589 Square Feet, more or less, and is subject to easements and restrictions of record. UEIS AMMERr made and entered into by and between Iona City Roman Baptist Church, an Iowa Corporation, hereinafter referred to as "Church", which expression shall include its sudors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as "City", which expression shall include its successors in interest and assigns, provides as follows: For the sum of Orme Dollar and other valuable consideration, receipt of which is ac)maaledged, Church hereby grants to City an easemant for operating and maintaining a storm water control structure and storm water storage area or otherwise Imwn as a storm water detention basin ("Facility") over and across the storm water management easement area described in Exhibit A, attached hereto and made a part hereof by reference. Church further grants to City the following rights in connection with the above: 1. The right of ingress and egress thereto over the existing drainage way easement and from the adjoining street right-of-way. 2. The right to grade and regrade the area included within the storm water detention basin, provided that the City shall promptly reseed any areas upon which such grading and regrading has been aocouplished. 3. The right from time to time to trim and to cut down and clear away all trees and brush within said storm water management easement Facility which now or hereafter, in the opinion of the City, my interfere with the natural passage of the storm water through the storm water storage area, provided that any damage caused by the City shall be prcuptly repaired by the City. 4. Church and its successors and assigns reserve the right to use the Facility for any purpose which will not interfere with the City's full enjoyment of the rights herein granted; provided that Church or its su�rs in interest shall not erect or construct any buildings, fences, or other structures or obstructions on said area, or plant any trees or substantially add to the ground cover of said Facility. 5. Subject to the easement rights granted to the City, Church shall maintain the facility free from weeds and debris; shall in no event fill or permit the Facility to be filled in; and Church specifically agree as a covenant running with the land, to maintain the entire lot so as to minimize erosion in and around said control structure and storm water storage area Facility. 6. Church does hereby covenant with the City that it is lawfully seized and poste of the real estate above described, and that it has a good and lawful right to convey the same. 7. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public inprovemnt at issue herein. Nor shall Crumb be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public impxavenent(s) herein shall be in accordance with City specification, and the obligation shall remain on the Church until coupletion by the Church, and until acceptance by the City, as by law provided. S. the provisions herein shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and nun with the //land and with the title to the land. DA= this 6q-- day of I '1.,� , 1991. STATE OF IOPM ss: IOWA CITY KOREA N BAA,PII= CMICN Choi Byeorghee, Deacon and Treasures BY: f �/7 � — �r�v !- qe��yl.-s4 'n( CITY OF IOWA C= BY: ohn McDonald Maria K. Karr CXN1Y OF JaVSCN ) On this a3r, day of 1991, before me, the undersigned, a Notary Public in r said State, personally appeared Choi Byeanghee and Jong Koo Ice, to me personally known, who, being by me duly sworn, did say that they are the Deacon/TYeasurer and Paster/President respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument. was signed on behalf of said corporation by authority of its Board of Directors; and that the said Choi Byeonghee and Jong Koo Iee as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. tl �A STATE OF IONA ) ) ss: axwiy OF JOHIS ) On this &-1116 day of , kti , 1991, before me, the undersigned, a Notary Public in for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing inctrumerrt; that the seal affixed thereto is the seal of said municipal corporation, that said instrument was signal and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said John McDonald and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. 5,, .72y t Notary Public in and for said State LEGAL DESCRIPTION STORMWATER MANAGEMENT FACILITY AASEMENT Commencing at the Northeast Corner of the Northwest Quarter of the North- west Quarter of Section 20, Township 29 North, Range 6 West of the Fifth Principal Meridian; Thence N89057'38"W, 33.00 feet to a Point on the Westerly Right -of -Way Line of Mormon Trek Boulevard; Thence N00024'00"W, 180.94 feet along said Right -of -Way Line; Thence S83041'55"W, 398.52 feet to the Point of Beginning; Thence S06018'05"E, 238.78 feet; Thence S42°13'00"W, 50.70 feet to a point on the Easterly Right -of -Way Line of US Highway 218; Thence N47°47'00"W, 363.56 feet along said Right -of -Way Line; Thence N83°41'55"E, 278.80 feet to the Point of Beginning, said Easement contains 42,501 square feet (0.97 acres) more or less and is subject to easements and restrictions of record. 2809001L.01 a;:n ben .c aNaU :.n: aa�iahW THIS AMUMM f, made and entered into by and between Iowa City Korean Baptist Church, hereinafter referred to as "Church", which expression shall include its successors in interest and assigns and the City of Iola City, Iowa, hereinafter referred to as "City", which expression shall include its successors in interest and assigns. JU It is hereby agreed as follows : For the sine of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Church hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, Maintenance and use of such drainage ways as the City shall from time to time elect for conveying storm water, and also a right of way, with the right of ingress and egress thereto, over and across the areas described in the attached Exhibit A and referred to herein as "Easement Area". Church further grants to City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lards along and outside of the said Easement Area, to such an extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut don and clear away any and all areas and brush on said Easement Area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Area or which may interfere with the exercise of the City's rights hereunder in any marcher. The City shall prohgntly backfill any trench made by it, and repair any damages caused by the city within the asement Area. The City shall indemnify Church against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Fasement Area. Church reserves the right to use said ase„ent Area for Purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Church shall not erect or construct any building, fence or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said Easement Area, or diminish or substantially add to the ground cover over said Easement Area. Church does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part hereof. Nothing in this Agreement shall be construed to impose a requirem xrt on the City to install the original public improve ant at issue herein. Nor shall Church be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvements) herein shall be in accordance with City specification, and the obligation shall remain on the Church until completion by the Church, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this =% day of T'"'7 , 1991. / 1V IOWA CITY KOREAN BAPTIST CHURCH ' BY: (,�4�` � num—�-a iwr— Choi Byeonghee, Deacon and Treasurer Jo Koo W, I Pas -and ides CrrY OF IOWA = ATTEST: Y Hazier x. rare STATE OF IOVa ) ) ss: COMM OF JOHNSON ) On this -a2�day of 1991, before me, the undersigned, a Notary Public f said State, personally appeared Choi Byeonghee and Jong Koo Lee, to me personally known, who, being by me duly sworn, did say that they are the Deaconl/Treasurer and Pastor/President respectively, of said corporation; that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Choi Byeongboo and Jong Koo Les as such officers, ac)m Ledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. d 4 „, �A WIEBDLD Notary PubVc in and for said State STATE OF IOTA ) ) ss: O7UNTY OF JOHNSON ) On this og� day of�. , 1991, before me, the undersigned, a Notary Public in for said State, personally appeared John McDonald and Marian K. Karr, to nee personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation, that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said John McDonald and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said State i 19* EXHIBTf A LEGAL DESCRIPTION 15 FOOT WIDE DRAINAGEWAY EASEMENT Commencing at the Northeast Corner of the Northwest Quarter of the North- west Quarter of Section 20, Township 29 North, Range 6 West of the Fifth Principal Meridian, Thence N89°57'38"W, 33.00 feet to a point on the West- erly Right -of -Way Line of Mormon Trek Boulevard; Thence N00°24'00"W, 165.86 feet along said Right -of -Way Line to the Point of Beginning; Thence S83041'55"W, 662.51 feet to a point on the Easterly Right -of -Way Line of US. Highway 218; Thence N47°47'00"W, 20.02 feet along said Right -of -Way Line; Thence N83°41'55"E, 677.32 feet to a point on the Westerly Right -of -Way Line of Mormon Trek Boulevard; Thence S00024'00"E, 15.08 feet along said Right -of -Way Line to the Point of Beginning. Said Easement contains 10,049 square feet (0.231 acres) more or less and is subject to easements and restrictions of record. ITI THIS ACdUMMU, made and entered into by and betweeJn Robert L. Carson and Rase Kathleen Carson, husband and wife, hereinafter referred to as "Carson", which expression shall include their shuxessors in interest and assign, and the City of Iowa City, Iowa, hereinafter referred to as "City", which expression shall include its successors in interest and assign, provides as follows: WITNESSETH: It is M+ohy agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Carson hereby grant and convey to the City an easement for the p rpcses of excavating for arid the installation, replacement, maintenance and use of such sewage lines, pipes, rein, and condaits as the City shall from time to time elect for conveying sewage, with all necessary.appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a w right of way, with the right of ingress and egress thereto, over and aCTOSS / the area described on the attached EAubit A. Carson further grant to the City: 1. She right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lards along and outside of the said Fant Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut dawn and clear away any and all trees and brush on said F cement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which say interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damage caused by the City within the Easement Area. The City shall indemnify Carson against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintainiTg the Easement Area. Careens reserve the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Carson shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said Easement Area, or diminish or substantially add to the ground cover over said Easement Area. (arsons do hereby covenant with the City that it is lawfully seized and amud of the real estate above described, and that it has a good and lawful right to convey it, or any part hereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Carson be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvements) herein shall be in accordance with City specification, and the obligation shall remain on the Iowa City Korean Baptist Church until completion by said Church, and until acceptance by the City, as by law provided. The provision hereof shall inure to the benefit of and bird the successors and assign of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the lard. DATED this Z3 day of ?-ly , 1991. ( u I Z � - L� RO L. CIsFSLY7 , CITY OF I0Na CTIY BY: " i/''-' ohn McDonald ATrESP: a J �i!_ 7�i ✓J / Marian K. Farr SPATE OF ICNa ) NUNPY OF jaiNsON ) On this 23 day of J../y 1991, before me, the undersigned, 7—NotaryPublic in and for said State, personally appeared Robert L. Carson and Rose Kathleen Carson, husband and wife, to me krcran to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. 1 "- lGb NoEary Publ in an5 for said State S1Y+TE OF IONa ) ss: ODUN1'Y OF JOHNSON ) On this dZ/ A day of -Sa r �4 , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally danown, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said mminicipal corporation, that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said mnnnicipal corporation; and that the swirl John MCDc ald and Marian K. Karr acknowledged the execution of thee dnctrunent to be the voluntary act and deed of said mzacipal corporation, by it and by them voluntarily executed. Notary Public in and for said State EXHIBIT A LEGAL DESCRIPTION SANITARY SEWER EASEMENT - "CARSON TRACT" Commencing at the Northeast Corner west Quarter of Section 20, Townsl Principal Meridian; Thence N890 Westerly Right -of -Way Line of Morn 180.94 feet along said Right-of-Wa; S83°41'55"W, 30.16 feet; Thence � and 30.00 feet normally distant We: Thence N89036'00"E, 30.00 feet to Line; Thence S00024'00"E, 150.00 Easement contains 4546 square feet ject to easements and restrictions of the Northwest Quarter of the North - lip 29 North, Range 6 West of the Fifth 57'38"W, 33.00 feet to a point on the on Trek Boulevard; Thence N00°24'00"W, Line to the Point of Beginning; Thence 00°24'00"W; along a line parallel with t of said Right -of -Way Line 153.10 feet; a point on said Westerly Right -of -Way feet to the Point of Beginning. Said (0.104 acres) more or less and 'is sub - of record. TI THIS IGUM7P, made and entered into by and between Iowa City Korean Baptist Church, hereinafter referred to as "Church", which expression shall include its successors in interest and assigns and the City of Iowa City, Iowa, hereinafter referred to as "City", which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Church hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area described on the attached Exhibit A. Church further grants to the City: 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find ""scrobly necessary. 2. The riot from time to time to trim, cut dawn and clear away any and all trees and brush on said c giant Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall prcuptly backfill any trench made by it, and repair any damage caused by the City within the Easement Area. The City shall indemnify Church against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Area. Church reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Church shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said Easement Area, or diminish or substantially add to the ground cover over said Easement Area. Church does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part hereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public ihprovement at issue herein. Nor shall Church be deemed acting as the City's agent during the original construction and installation of said irprovement. Parties agree that. the obligation to install the public inpravement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Church until completion by the Church, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this 03 day of T s , 1991. IO;A CITY KOREAN BAPTIST CHIMCH Choi Byeonghee, Deacon and Treasurer aq- BY: Pres dem L 6 'I'JjiI V' CITY OF IOWA CITY BY: 'iV, Gm Mc��ld AT=: �2 ww.r..J 7P. 'ie� Marian Karr STATE OF ICA ) ) ss: OXTN1Y OF JOHNSON ) On this &day of1991, before me, the undersigned, a Notary Public in r said state, personally appeared Choi and Jong Koo Ise, to personally known, who, being by me duly sworn, did say that they are the Deaaon/Trmaurer and Pastor/President respectively, of said corporation; that no seal has been procured by the said corporation; that said instrwmnt was signed on behalf of said corporation by authority of its Board of Directors; and that the said Choi Byeonghee and Jong Koo Lee as such officers, acknowledged the execution of said instxwrent to be the voluntary act and deed of said corporation, by it and by then voluntarily executed. ` M, CSA ULM.Vil' rc in and for said State STATE OF IOWA ) ) ss: CXNTY OF JOHNSON ) On this dV+r day of -TuL.a , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation, that said instnmrnt was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said John McDonald and Marian K. Karr acknowledged the execution of the instn t to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �etron Notary Public Public in and for said State Ee / )71 EXHIBIT A LEGAL DESCRIPTION SANITARY SEWER EASEMENT "KOREAN BAPTIST CHURCH TRACT" Commencing at the Northeast Corner of the Northwest Quarter of the North- west Quarter of Section 20, Township 29 North, Range 6 West of the Fifth Principal Meridian, Thence N89057'38"W, 33.00 feet to a point on the Westerly Right -of -Way Line of Mormon Trek Boulevard; Thence N00024'00"W, 35.19 feet along said Right -of -Way Line to the Point of Beginning; Thence S89036'00"W, 30.00 feet; Thence N00024'00"w, 142.65 feet on a line Paral- lel with and 30.00 feet normally distant West of said Right -of -Way Line; Thence N83°41'55"E, 30.16 feet to a Point on said Right -of -Way Line; Thence S00024'00"E, 145.75 feet along said Right -of -Way Line to the Point of Beginning. Said Easement contains 4326 square feet (0.099 acres) more or less and is subject to easements and restrictions of record. IITl THIS AGRE MIT, made and entered into by and between Iowa City Innrean Baptist Qundh, hereinafter referred to as "Church", which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as "City", which expression shall include its successors in interest and assigns, provides as follows: For the sum of $10.00 and other valuable consideration, receipt of which is acknowledged, Church hereby agrees with the City to install at its sole expense screening material along the north side of the parking lot constructed by Church on a portion of the following described property located in Johnson County, Iowa: Beginning at the Northeast Corner of the Northwest Quarter of the Northwest Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence SO'20130'T0, a recorded ben ing, 532.40 feet, along the East line of said Northwest Quarter of the Northwest Quarter to a point on the Northeasterly Right- of-way line of the Relocated Primary Road U.S. Highway #218; thence N47'47'00"W, along said Northeasterly Right -of -Way line, 951.00 feet; thence N83'41'55"E, 677.32 feet, to a point on the Westerly Right -of -Way line of Mormon Trek Road (Also known as Mormon Trek Boulevard); Thence SOO'24'001-E along said right to way lime 180.94 feet to a point on the north line of said Northwest Quarter; Thence 589'57'38"E, along said North line, 33.00 feet to the point of beginning. Said tract of land contains 5.69 acres more or less and is subject to easements and restrictions of record. The installation of this screening material shall occur at such time as the native vegetation is removed from along the creek which runs in a generally east and west direction near the northerly boundary of the property described above; provided, however, that under no circumstances shall Church be required to install such screening prior to September 1, 1996. All screening material and its placement shall comply with the requirements of Section 36-76(j)(2) of the Iowa City Zoning Ordinance as of the date of this Agreement. Detect this 2,7 day of J`17 , 1991. IOFA/ CITY KOREAN BAPTIST CHURCH BY: Mi Byeorrghee, Deacon and Tnmea+.er J lee, Pastor and Pndiident CITY OF IOWN CITY oho McDo�ld i STATE OF IOTA ) ) ss: WDN1Y OF JOHNSON [)) On this � day of I' before me, the undersigned, a Notary Public in f said State, personally appeared Choi Byeonghee and Jong Koo dee, to me personally known, who, being by me duly sworn, did say that they are the Deacon/Treasurer and Pastor/President respectively, of said corporation; that no seal has been procured by the said corporation; that said instnment was signed on behalf of said corporation by authority of its Board of Directors; and that the said Choi Byeonghee and Jong Koo Ice as such officers, acknowledged the exezntion of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. � MEMM 1 Nctary lic in and for said State STATE OF IONa ) ) ss: axmy OF JOHNSON ) On this— A day of ,dwLy_ , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally ]mown, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said mmicipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation, that said instnmient was signed and sealed on behalf of said municipal corporation by authority of the City Council of said mvdcipal corporation; and that the said John McDonald and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. .]a�deca� Notary Public in and for said State RESOLUTION NO. - 91-182 RESOLUTION AUTHORIZING APPLICATIONS FOR 50 SECTION 8 EXISTING HOUSING UNITS (CERTIFICATES OR VOUCHERS) AND REQUESTING FUNDS. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a Notice of Funding Availability; and WHEREAS, the Iowa City Housing Authority presently has contracts with the Department of Housing and Urban Development to administer the Section 8 Existing Housing Program contract #KC9033 and #KC9033V and wishes to expand those programs; and WHEREAS, in accordance with Section 213(c) of the Housing and Community Development Act of 1974, which states in part that a determination whether or not there is a need for such housing assistance be in the affirmative; and WHEREAS, the application is consistent with the previously approved Housing Assistance Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said applications to the Department of Housing and Urban Development for fifty (50) Section 8 Existing Housing certificates or vouchers. 2. That said application shall be requests for funds under the Section 8 Housing Assistance Payments Plan for existing units (certificates or vouchers). 3. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. 4. That a determination there is a need for such additional assistance is in the affirmative. 5. That this resolution is meant to serve as final notice to HUD of such approval and no additional comments will be forthcoming. It was moved by Novi cic and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Courtney X Horowitz X Kubby X Larson X McDonald Novickx iaa Resolution No. 91-189, Page 2 Passed and approved this 21r j day of Jul 1991. kz //,-0, 9), - a �) YOR Approve as to Form ATTEST: a cam. / J 7�,,,J CITY CLERK Le I Departnient hisasstappsec8.res F W- RESOLUTION NO. 91-183 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1992 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 6, 1991: City Manager - $83,200.00 City Attorney - $56,721.60 City Clerk - $37,876.80 It was moved by Horowitz and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: x NAYS: Passed and approved this 23rd day of ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. MAYOR Approved by ATTEST: CITY -CLERK ity Attorney's Office clerklsalaries.res 7—i4— V/ k<) RESOLUTION NO. 91-184 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Iowa City Fall Fun Festival, Inc. - 2150 Rochester Avenue (Aug. 30,31 6 Sept.1,1991) It was moved by Ambrisco and seconded by Horowitz as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: that the Resolution Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 31st day of July 1991 . v�0 AYOR %danceprm.res RESOLUTION NO. 91-185 RESOLUTION ADOPTING SUPPLEMENT NUMBER 48 TO THE CODE OF ORDINANCES OF THE'CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 48th supple- ment to the Code of Ordinances of the City of Iowa City, Tiwa and, WHEREAS, it is deemed appropriate to adopt supplement number 48 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIE CITY OF IOWA CITY, IOWA: 1. That supplement number 48 to the Code of Ordinances of the City of Iowa City, Iowa, attaa to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved byAphrisgoand seconded by Horowitz the Resolution be adopted, an upon roll call.there were: AYES X X X X X X X Passed and approved this ATTEST: z, NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of July , 19 91 . Received P Approved By T terga( Dapartment 2 /85 RESOLUTION NO. 917186 RESOLUTION REGARDING POTENTIAL JUDGMENT LIEN ON CITY -OWNED PROPERTY IN SYCAMORE VIEW SUBDIVISION. WHEREAS, the City of Iowa City holds title to Lots 2, 6, and 7, Sycamore View Subdivision, Iowa City, Johnson County, Iowa, the sale of which properties has been authorized but not yet consummated; and WHEREAS, the abstract of title to one of the properties has revealed a judgment against the City of Iowa City in favor of Daniel E. Murray, Sr. dated June 13, 1991, in the amount of $69,801.00; and WHEREAS, an examiner of abstract of title has identified this judgment as a lien against the properties and a cloud on the title thereto; and WHEREAS, although the City Attorney does not share the opinion of the title examiner as to the legal effect of such judgment, the City Council desires to facilitate the sale of the properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that in the event the City elects to sell Lots 2, 6 and 7, Sycamore View Subdivision, a City -owned and developed subdivision, the City hereby promises and covenants to indemnify, defend, and hold harmless any purchaser of Lots 2, 6, and 7, Sycamore View Subdivision, such purchaser's lender, and such purchaser's or lender's successors in interest against any claim against title to said property made in connection with the above -referenced judgment against the City of Iowa City, including the cost of litigation to defend title. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 11,t day of n:\cadatallegaNudglien. res Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. /09 City Attorney's Office 0 V,es Zt_ RAP. P 91-187 July 31 , 1991 The City Council of Iowa City, Iowa, met in Soeciai session, in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa, at 4:30 o'clock r .M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Courtney Horowitz Kubbv Larson. McDonald, Novick Absent: None -1- AHLERS, COONEY. DORVSEILER, HAYNIE. SSIITH S ALLBEE, P.C. ATTORNE SATL W OESMOMESJOWA 91-187 Council Member Ambrisco introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Horowitz seconded the motion to adopt. The roll was called and the vote was, AYES': Ambrisco,-Courtney, Horowitz Kubby, Larson, McDonald,Novick NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $2,340,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa, at 4:30 o'clock P M., on the 31st day of July the purpose of taking action on the matter of the 1991, for issuance of $2,340,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the equipping of police and fire departments; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the -2- AHLERS. COONEY. DOR11'EILER. HAYNIE. SMUH & ALLBEE. P.C. AT OHNEYSATL W OESMOINES.IOWA /V? 91-187 collection of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams and the rehabilitation and improvement of existing City -owned parks. Section 2. The Finance Director and Clerk are authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be Prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper,'printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not lesp than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- AHLERS. GOONEY. DORIVEILER.I AYME. S3IITH & ALLBEE.F.C. AT OFNE SATL W DESMOINES.IOWA 7L -LO/ NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF. PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 20th day of August, 1991, at 7:30 o'clock p.m., in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $2,340,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the equipping of police and fire departments; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams and the rehabilitation and improvement of existing City - owned parks. At the above meeting the Council shall receive oral or written objections from any resident br property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 31st day of July, 1991. CITY CLERK OF IOWA CITY, IOWA tinadmV8-20.nct /b� 91-187 PASSED AND APPROVED this 31st 1991. ATTEST: c10714016cmA725235 yor -5- day of July AHLERS, C00\'ES. DORR'EILER, HAYME, SMITH S ALLBEE. P.C. ATTOSNEVSATUW OESMOINES,IOWA /b7 91-187 CIG -3 2-91 STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other Prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 31st day of July 1991. SEAL c10714016rmrM240 75 X -t, City Clerk, Iowa City, Iowa .1HLERS. COONEY. OORSYEILER. HAYRIE. SMITH S ALLBEE, P.C. ATTOHNEYSAT�W OESMOINES.IOWA /9? � � %'gig f,'✓C RESOLUTION NO. 91-188 RESOLUTION APPROVING THE PRELIMINARY PLAT OF REGINA SUBDIVI- SION, IOWA CITY, IOWA. WHEREAS, the owner, Regina Catholic Education Center, has filed with the City of Iowa City, Iowa, an application for approval of the preliminary plat of Regina Subdivision; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that, conditioned upon City staff review and approval of the plat, the plat be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary plat of Regina Subdivision is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. It was moved by T.arcon and seconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz X - Kubby X Larson X —� McDonald Novick Passed and approved this 31st day of July '1991. AYOR Appr a by ATTEST: �t . CIT LERK City Attorney's Office� 1 Vegina.res 1i i RESOLUTION NO. 91-189 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HICKORY HILL RIDGE SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, Hickory Hill Ridge Ltd., has filed. with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Hickory Hill Ridge Subdivision; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed 'preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and, after due deliberation, the Commission, has recommended that the plat be accepted and approved subject to certain conditions; and WHEREAS, the preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, 13E IT RESOLVED BY THE CITY, COUNCIL OF IOWA CITY, IOWA: That the preliminary plat of Hickory Hill Ridge Subdivision is hereby approved subject to (1) prior to final plat approval, arrangements being made for the compensation by the developer to the City for a 10 -foot wide portion of the existing 60 -foot wide access easement which runs the length of the North Seventh Avenue right-of-way extension within the proposed development, and (2) approval of the final plat of Regina Subdivision. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco —� Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 31st day of ,1uiy 1991. ATTEST: CITY` -CLERK \hckhlydg.res /' /MAYOR Appr,,111 �C`e5 bUt V - - P gra RESOLUTION NO. _ 91-190 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY92 RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVI- SION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSI- TY HEIGHTS. WHEREAS, Chapter 28E of the Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of University Heights, and WHEREAS, the City of Iowa City and the City of University Heights have a contract for transit service in FY91 which permits a one year renewal for FY92 at a 4% increase over the FY91 rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: The FY92 renewal of the FY91 28E Agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. The City Clerk is directed to file a copy of said Agreement with the Secretary of the State of Iowa and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: Passed ATTEST AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick uhrenew.res ides. No. 91-190 FY92 RENEWAL OF A 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This Agreement, made and entered Into this __q_ day of 1991, by and between the City of Iowa City and the City of University Heighte, both municipal corporations. Chapter 28E of the Code of Iowaprovides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power. An Agreement was executed in FY91 between the City of Iowa City and the City of University Heights for the provision of transit service within the corporate limits of University Heights. This Agreement provides for a one year renewal at a fixed 4% increase above the FY91 compensation amount. Now, therefore, it is agreed by and between the City of Iowa City and the City of University Heights, as follows: In FY92 the City of University Heights agrees to pay the City of Iowa City $28,224 for the provision of Iowa City Transit within the corporate limits of University Heights. If. In all other respects the provisions of the FY91 contract remain in full force and effect. CITY OF IOWA CITY By: John McDonald, Mayor Attest: . -' . ?� City lark uhrenew.agt CITY OF UNIVERSITY HEIGHTS Emery Rhodes, Mayor Attest:�� . _ Aa 1qV U N RX, '8e-- RESOLUTION NO. 91-191 RESOLUTION ENDORSING THE FIFTH LANE OPTION FOR HIGHWAY 6 IMPROVEMENTS BETWEEN FIRST AVENUE IN CORALVILLE AND ROCKY SHORE DRIVE IN IOWA CITY WHEREAS, the Iowa Department of Transportation desires toreduce the accident potential along Highway 6 between First Avenue in Coralville and Rocky Shore Drive in Iowa City; and, WHEREAS, the Iowa Department of Transportation has developed two alternative construction. projects to reduce said accident potential, one being the construction of a frontage road and the other being the construction of a fifth lane; and, WHEREAS, the City Council has been advised that the City of Coralville, where the majority of the proposed project is located, endorses the fifth lane option, and, WHEREAS, it is in the best interest of Iowa City to endorse the fifth lane option, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the fifth lane option is hereby endorsed and the Mayor is authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. c. That said endorsement is not to be considered approval of project plans and specifications. 3. That said endorsement does not commit the City to share in any project costs. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I:i Passed and approved this 31st Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of July 1991. AT TEST: UTY CLERK 99PROVED S TO FORM City Attorney's Office 2 ate- 9i I X11 '(�s FL) - RESOLUTION NO. 91-192 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FISCAL YEAR 1991 SANITARY LANDFILL EXPANSION PROJECT WHEREAS, Steger-Heiderscheit Construction has submitted the best bid of $784,179.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Steger-Heiderscheit Construction subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Horowitz and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 31st day of July , 1991. ATTEST: Z?Ja , _) y� yZ,I CITY CLERK APPROVED AS TO FORM 4Ci Attorney's Office i -30-f/ ICta RESOLUTION NO. 91-1 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PROCTER AND GAMBLE. WHEREAS, Procter and Gamble has submitted a final large scale non-residential development plan, and WHEREAS, as per City of Iowa City Ordinance No. 76-2807, Procter and Gamble is required to provide a stormwater management facility or its large scale non-residential development, and WHEREAS, the City Council deems it in the public interest to enter into a stormwater management easement agreement with Procter and Gamble, a copy of which is attached to this Resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Stormwater Management Easement Agreement between Procter and Gamble and the City of Iowa City is hereby approved. 2. That the Mayor is hereby authorized to execute and the City Clerk to attest said agreement on behalf of the City. 3. That the City Clerk is hereby directed to file, at Procter & Gamble's expense, said agreement in the office of the Johnson County Recorder. It was moved by Amhri crn and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: X --I-- X X X X X ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this _31st day of July . 1991./1114 "o ¢IiSN:�G(i+C CORPORATE SEAL YOR Appr e ATTEST:��..� CITY -CLERK City Attorney's Office 7 nAlegaNP&G.res 1 1:71 74 173 35 -OF ' STATE OF IOWA JOHNSON COUNTY FEE CITY OF IOWA CITY FILED k"-.003713 1",. i SS �^�� j 91 AUG( 22 AN 9: 09 I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 91-193 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 31cr day of July 19-1_1 all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21st day of August 1991 Ma an K. Karr City Clerk CORPORATE SEAL 1271 ",� 73 CIVIC CENTER . 110 E. WASHINGTON ST. IOWA CITY IOWA 52140-1126 PHONE (519) 556-5000 FAX(519) 556.5009 /19-S n" rrm>< rrr. r. r pmenu r nw,% rP • •. r• a• r. r• na ra �• a is a•r:ra is r • •,• a • I: r. • • •• r• • • • r • • Ir• ISM• n The Procter & Gamble Manufacturing Compa II1IS AGREEKDU made and entered into by and between/RKSMUIMIXISEZU, a corporation hereinafter referred to as P&G, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. For the sum of One Dollar and other valuable consideration, receipt of which is acknowledged, P&G hereby grants to City an easement for operating and maintaining a storm water control structure and storm water storage area or otherwise known as a storm water detention basin ("Facility") over and across the storm water management easement area described in Exhibit A, attached hereto and made a part hereof by reference. P&G further grants to City the following rights in connection with the above: 1. The right of ingress and egress in order to access the Facility as shown on the Final LSMRD Plan of the Development, from the adjoining street right-of-way. 2. The right to grade and regrade the area included within the storm water detention basin, provided that the City shall promptly re -seed any areas upon which such grading and regrading has been accomplished. 3. the right from time to time to trim and to cut down and clear away all trees and brush within said storm water management easement Facility which now or hereafter, in the opinion of the City, may interfere with the natural passage of the storm water through the storm water storage area, provided that any damage caused by the City shall be promptly repaired by the City. 4. P&G and its successors and assigns shall reserve the right to use the storm water management easement area Facility for any purpose which will not interfere with the City's full enjoyment of the rights herein granted; provided that P&G or its successors in interest shall not erect or construct any buildings, fences, or other structures or obstructions on said area, or plant any trees or substantially add to the gro udeover of said Facility. 5. Subject to the easement rights granted to the City, P&G shall maintain property free from weeds and debris; shall in no event fill or permit the Facility to be filled in; and specifically agrees as a covenant running with the land to maintain its entire property so as to minimize erosion in and around said control structure and storm water storage area Facility. 6. P&G does hereby covenant with the City that it is lawfully seized and Possessed of the real estate above described, and that is has a good and lawful right to convey the same. /S3 7. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor stall P&G be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvements) herein shall be in accordance with City specifications, and the obligation stall remain on P&G until completion by P&G, and until acceptance by the City, as by law provided. 8. The provisions herein shall successors and assigns of the covenants shall apply to and the land. p a�• 1]ATID this%day of , 1 91. inure to the benefit of and bird the respective parties hereto, and all run with the land and with the title to THE PROCTER & GAMBLE MANUFACTURING COMPANY FiTA Manager, Real Estate Department BY: McDonald, Mayor K. Karr, City CORPORATE SEAL ) ss: COUNW OF HiVff GTl7N ) On this 0day of , 1991, before me, the undersigned, a Notary Publ appeared CT W KmSlccr and, to me personal y ]mown, who being by me duly sworn did say that they are the r cad £ t� respectively, of the Corporation executing the within and foregohLig instrument; that said instrument was signed on behalf of the Corporation by authority of its Board of Directors; and that { i Iko-- til . gko p and S • N • T f U. as officers acknowledge the execution of the foregoing instrument to be the voluntary act and deed of the Corporation, by it and by then voluntarily executed. J�J CL ��u �AdOJIV2,) Notary Public in and foF the State of Ohio SUE A. ADAMS Notary Public, State of OHf6 My Commission Expires Mar. 1, 1995 Al 271 76 /Cf3 SPATE OF ICDA ) ) ss: COUNPY OF JCHNSCN ) on this ao fh day of Nusa-si-- , 1991, before me, the undersigned, a Notary Public in and for said State of Iowa, personally appeared John McDonald and Marian K. Farr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation, that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said John McDonald and Marian K. Farr acknowledged the execution of'the instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntary executed. NOTARIAL SEAL Som, Notary Public in and for the State of Iaga WIN �3s'- 171 F;== 77 /ys 11 r mx TTR.G(.AMRII ((WMW 431"'m6 14 N1Y � Oannencing at a found 1/2" pipe with an alumintun cap set in concrete at the Southwest Corner of the parcel, the Plat of Survey of which is recorded in Plat Book 6, at Page 76, of the Records of the Johnson County Recorders Office; 'Thence N38 4114011E (a record bearing), along the Northwest Line of said surveyed parcel, 403.83 feet; Thence N43 11131"W, 42.42 feet, to the Point of Beginning of the Stormwater Detention Area; Thence N43 11131"W, 217.28 feet; Thence N45 05123"E, 590.29 feet; Thence Northerly 53.32 feet, along a 35.00 foot radius curve, concave Westerly, whose 48.31 foot chord bears NO1 27100"E; Thence N42 111221W, 220.13 feet; Thence Northwesterly 55.32 feet, along a 35.00 foot radius curve, concave Southwesterly, whose 49.74 foot chord bears N87 28104"W; Thence S47 15114"W, 244.11 feet; Thence S49 3615211W, 153.18 feet; Thence N43 11131"W, 14.00 feet; Thence N44 0010611E, 153.18 feet; Thence N46 211441IE, 240.00 feet; Thence Northeasterly 92.58 feet, along a 70.00 foot radius curve, concave Southeasterly, whose 85.98 foot chord bears N84 15107"E; Thence Northeasterly 117.17 feet, along a 95.00 foot radius curve, concave NortImesterly, whose 109.88 foot chord bears N86 48129"E; Thence Northeasterly 66.69 feet, along a 52.50 foot radius curve, concave Southeasterly whose 62.30 foot chord bears N87 51158"E; Thence S55 4413311E, 219.44 feet; Thence S51 18120"E, 60.00 feet; Thence S38 41140"W, 853.10 feet, to the Point of Beginning. Said tract of land contains 4.43 acres, more or less. '.1271 78 /?3 eu r gRls MERCER PARR .1 __ _ 'rte° u OC[ENPELS 6 ' SCHNE:erOR TN ,�� PROJECT SITE >/ LOCATION VIP \\ IOWA STATE +\•„H ' BANK 6 TRUST t�� ILL ImOuSTRIES E J o - 110}! Ci. *�4 [ "'?'u 2• 1 n n n n'G• +\+•,+. - t -� a li • o. ..<. 1i v U U u pp rz.'.- —_." '_..--r_ ((//%%"" ii:__��_-�-- -;n UNITED •+ f:I:: [ �, • ` cnq : •t^•'•••Y_r 'C n n n n mr>"`[.rvU TECHNOLOGIES ra roev 1 +I . r - .._ , G > v _ n AUTOMOTIVE L• �ur. ..� '.rY 't:r i,• r-ii•M.�.-_ rwwa[m'[:+`--�:: "'Ra[°:v 0 , n ru„7 .n "an_7 `..;s.. •; ...ur `•� . i.[•y VV 11 C� L l ..Rm N. >iW}, M1gI�r � Y V Y V 'f/[0M r;[w[ I. Yy1l�1f > rw r[qa t • n h n n .� 1ty� s mn[n[rvn :� '� V ` •� _� _ . I �_ __I 'P4�e 'el�ctm'• i'{I nl�.0nu p MALL �C_= I� i URIAN 1 r, o > MALI =d__c .> l I y,� .,II2 Il o u' _'• t v _�' 0 .1 r IIIIiI:VY'3::"� \•n n n '.0-� dI _ t -e . 1.� ......IVU U .�.a.. E.Y'er• U t p °. O;h Jl ri V r......... .nc wulra T [ _ �;...._ .>. v -• rl �:y obb�'.o '” p �+^'-"'_� 163, 0 co ..p i.e ^4"•1Y-1Oii. i .- 61)CHN9W (iRE!®V8 a.� rrr . Yrq•.m+rmwpmm rr.Am_LLr i+n ro.rsP 1. mO.I/+.TMr� � n•F INAL T ESNRD PLAN - r+[w _ rs. CiLgRAL NOTES 'L.9}7.BL9Pi3'7ti w.r o ._ —_— Fdu,•�+1."��"� ri-� mo.'s ;.._ [a..[.� TT eu r gRls MERCER PARR .1 __ _ 'rte° u OC[ENPELS 6 ' SCHNE:erOR TN ,�� PROJECT SITE >/ LOCATION VIP \\ IOWA STATE +\•„H ' BANK 6 TRUST t�� ILL ImOuSTRIES E J o - 110}! Ci. *�4 [ "'?'u 2• 1 n n n n'G• +\+•,+. - t -� a li • o. ..<. 1i v U U u pp rz.'.- —_." '_..--r_ ((//%%"" ii:__��_-�-- -;n UNITED •+ f:I:: [ �, • ` cnq : •t^•'•••Y_r 'C n n n n mr>"`[.rvU TECHNOLOGIES ra roev 1 +I . r - .._ , G > v _ n AUTOMOTIVE L• �ur. ..� '.rY 't:r i,• r-ii•M.�.-_ rwwa[m'[:+`--�:: "'Ra[°:v 0 , n ru„7 .n "an_7 `..;s.. •; ...ur `•� . i.[•y VV 11 C� L l ..Rm N. >iW}, M1gI�r � Y V Y V 'f/[0M r;[w[ I. Yy1l�1f > rw r[qa t • n h n n .� 1ty� s mn[n[rvn :� '� V ` •� _� _ . I �_ __I 'P4�e 'el�ctm'• i'{I nl�.0nu p MALL �C_= I� i URIAN 1 r, o > MALI =d__c .> l I y,� .,II2 Il o u' _'• t v _�' 0 .1 r IIIIiI:VY'3::"� \•n n n '.0-� dI _ t -e . 1.� ......IVU U .�.a.. E.Y'er• U t p °. O;h Jl ri V r......... .nc wulra T [ _ �;...._ .>. v -• rl �:y obb�'.o '” p �+^'-"'_� 163, 0 co ..p i.e ^4"•1Y-1Oii. i .- 61)CHN9W (iRE!®V8 a.� rrr . Yrq•.m+rmwpmm rr.Am_LLr i+n ro.rsP 1. mO.I/+.TMr� � n•F INAL T ESNRD PLAN - r+[w _ rs. p - RESOLUTION NO. 91-194 RESOLUTION AUTHORIZING APPLICATION FOR A DRUG ELIMINATION GRANT IN COOPERATION WITH THE NEIGHBORHOOD CENTERS OF JOHNSON COUNTY. WHEREAS,the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a notice of fund availability for Drug Elimination Programs in Public Housing; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Public Housing Program and wishes to eliminate drugs; and WHEREAS, the Neighborhood Centers of Johnson County presently operates a drug elimination program under a grant from the Iowa Department of Public Health; and WHEREAS, the residents of Public Housing and the Citizens of Iowa City would benefit from the elimination of drugs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for funds to operate a Drug Elimination Program. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby —x— Larson x McDonald x Novick Passed and approved this 31st day of July 1991 /AYOR /J Approved by ATTEST:p�ueL,cJ 75.2 CITY'CLERK City ttorney's'Office g:WsassNrant.res � —,2,5-- q ts4 r P 00 7 STATE OF IOWA ) JOHNSON COUNTY ) Cs2 CITY OF IOn�rW�1Ar CITY FILFn .91! SS 91 AUG -5 AM 10: 34 v ?7• I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No.91-195 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 31st day of July 19 91 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 1st day of August 193j -- Marian 95EMaria K. Karr City Clerk CORPORATE SEAL CIVIC CENTER • 410 E. WASHINGTON ST. IOWA CITY IOWA 52240-1926 PHONE (319) 356-5000 FAX(319) 356-5009 /95 RESOLUTION NO. 91-195 RESOLUTION ACCEPTING QUIT CLAIM DEED FROM JOHNSON COUNTY FOR A PORTION OF THE WEST HALF OF MILLER AVENUE NORTH OF WEST BENTON STREET AND DEDICATING SAME AS PUBLIC RIGHT-OF-WAY. WHEREAS, a title objection has been raised as to the public's ownership of real estate occupied by Miller Avenue, north of West Benton Street; and WHEREAS, the east half of Miller Avenue north of West Benton Street was conveyed by quit claim deed to the City of Iowa City in 1989; and WHEREAS, title to the west side of Miller Avenue north of Benton Street was recently obtained by Johnson County; and WHEREAS, Johnson County proposes to convey by quit claim deed the west half of Miller Avenue north of West Benton Street; and WHEREAS, the County's quit claim deed dated July 18, 1991, and supporting documentation are attached hereto and made a part hereof by this reference; and WHEREAS, it is in the public interest to accept this conveyance and dedicate the property so conveyed as public right-of-way to clear the chain of title of the property involved. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City of Iowa City does hereby accept the conveyance from Johnson County of that portion of the west half of Miller Avenue north of Benton Street identified by the quit claim deed attached hereto. 2. That the property so conveyed is hereby dedicated as public right-of-way 3. That the City Clerk is directed to file in the office of the Johnson County Recorder the quit claim deed and supporting documents, as well as a certified copy of this resolution. It was moved by Novi PU and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco _x Courtney X Horowitz X Kubby X Larson X McDonald �— Novick Passed and approved this 31st day of Juiy '1991. 51261 52 /95 Resolution No. 91-195 Paye 2 ATTEST: J CITY CLERK n:lcadataVegaAmIIIer.res CORPORATE SEAL /, • • Approved Ify-Atitor-ney's 01�rlce7 2<r1Ir, ='"{1264 Fr.: 53 CI " Tom Slockett Johnson County Auditor Commissioner of Elections and Voter Registration feA, �O 00 002464 91 AUG -5 Ari 10: 34 CERTIFICATE < I, Tom Slockett, County Auditor for Johnson County;'Iowa, d6• - hereby certify that this is a true and complete copy of the original record filed in the office consisting of pages through -2 - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said County at my office in Iowa City, Iowa, this ay* day of Sct I v , 1991. �M Sia �'I I County Audi or / By: I l i i Lt" J( ll�yl SEAL :..;;126:1 47 319.356-6004 FAX 319.356-6086 913 South Dubuque Street Post Office Box 1350 PRINTED ON RECYCLED PAPER IS ® PRINTED WITH SOY INK Iowa City, Iowa 522441350 /S5 Resolution 07-18-91-1 DISPOSING OF COUNTY INTEREST IN REAL ESTATE Whereas, a public hearing was conducted on the 18th day of July, 1991, concerning proposed disposal of county interest in real estate legally described as Commencing at the intersection of the West line of Lot 6 in School Commissioner's Subdivision of Section 16, Township 79, Range 6 West of the 5th P.M. with the North line of West Benton Street R.O.W. in Iowa City, Iowa, thence East along the North line of West Benton Street to its intersection with the West line of Giblin's Subdivision, according to the plat thereof recorded in Plat Book 4, Page 172 Plat Records of Johnson County, Iowa; thence Northerly along the West line of said Giblin's Subdivision 321 feet, more or less, to the North line of said Lot 6 in School Commissioner's Subdivision; thence West along the North line of said Lot 6 to the Northwest corner thereof; thence South to the place of beginning; except, commencing at a brass pin set in concrete pavement of Highway 1218, said pin marks the East Quarter corner of Section 16, Township 79 North, Range 6, West of the 5th P.M. and assuming that the bearing from said pin to the center line of the pavement South, to be due South, thence 372.2 feet North and 1,556.6 feet West to an iron pipe at the intersection of the North line of West Benton Street R.O.W. in Iowa City, Iowa, and the west line of Giblin's Subdivision, a part of Section 16, said pipe is the point of beginning thence South 89 degrees 57 minutes West 129.2 feet; thence North 1 degree 03 minutes West 129.2 feet; thence North 89 degrees 20 minutes East 64.4 feet; thence South 2 degrees 32 minutes East 130.1 feet to the point of beginning of this exception, and except, commencing at a brass pin set in the concrete pavement of Highway 1218, said pin marks the East Quarter corner of Section 16, Township 79 North, Range 6 West of the 5th P.M., and assuming the bearing of the line from said pin to the center line of the pavement South to be due South; thence 372.2 feet North and 1,556.6 feet West; thence South 89 degrees 57 minutes West 178.9 feet to the point of the beginning; thence South 89 degrees 57 minutes West 225 feet; thence North 1 degree 03 minutes West 124.9 feet; thence North 89 degrees 20 minutes East 225 feet; thence South 1 degree 03 minutes East 127.8 feet to the point of beginning of this exception --and also except the following lots in Lot 6 in School Commissioner's Subdivision: a. Lot 6, as described in the deed recorded at Johnson County Recorder Book 605, Page 360; b. Lot 8, as described in the deed recorded at Johnson `K1264 48 lci5 County Recorder Book 535, Page 174; C. Lot 10 and the north 35 feet of Lot 11, as described in the deed recorded at Johnson County Recorder Book 995, Page 881; d. Lot 12 and the south 30 feet of Lot 11, as described in the deed recorded at Johnson County Recorded Book 464, Page 117; and e. the parts of Lot 9 and Lot 5, as described in the deed recorded in Johnson County Recorder Book 224, Page 313; (the above-described real estate conveyed by this quit claim deed is also described as the west half of Lot 5, the west half of Lot 9, and the north 11 feet of the east half of Lot 9) --by quit claim deed to the City of Iowa City, Iowa for $1.00; and Whereas, the Johnson County Board of Supervisors has given due consideration to said proposal along with objections and evidence for or against the proposed sale as reflected by the record of the public hearing; Now therefore be it resolved that the proposed disposal of county interest in real estate legally described herein by quit claim deed to the City of Iowa City, Iowa, for $1.00 is in the best interest of Johnson County and is hereby approved. The Chairperson is authorized to execute the deed on behalf of the county. Motion by Meade, second by Myers, to approve Resolution 07- 18-91-1. Roll Call Ockenfels Lacina Myers Meade Duffy aye aye aye aye absent Be ty OccenfeI Chair Attest: Tom Slockett, Kliditor Boar of Supervisors By: [Publishing Schedule) Iowa City Press -Citizen: July 29, 1991 Solon Economist and The Leader: July 31, 1991 Lone Tree Reporter: August 1, 1991 -K12611 49 196 Printer's fev laz a CERTIFICATE OF PUBLICATION STATE OF IOWA. Johnson County. ss: THE IOWA CITY PRESS -CITIZEN I, Sharon Stubbs, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Tule Legal Clerk Subscribed and sworn to before me thisay_ day of : A.D. 19R O Notary Public o' " Ia .A�ErN10S =, 1264 50 OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PROPOSEO DISPOSAL OF COUNTY INTEREST W REAL ESTATE In atxotd with 1 M1361% Iwa CoQ, motive is hereby given that tho Baird of Su- oemmus of lohmmn County. Ima V111 con. low tinfe in the olfirP dtheloAosvn Counq Administration Butilding, 413 South Dubu- que Street, larva City, lowa,'concerning conducted on the propend de, and at such bearing any person interested may appear and file objections thereto. The Board of Supe visonshall hearthe objections and any cvidenm for or against the propasa4 and forthwithenluofreard its decision lhercon. TMStackett lohnsonCountyAuditor 195 ACAL t51 A It I HAN,I'YCH - UHUUNUWA I tM MACAMU Z, I A I CMCIN I Plena reed IN r91ng Inslructlans on the morn side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Plane Type or Prins Legibly) JOHNSON COUNTY, IOWA Social Security No. 42-6004806 TRANSFEROR Name _ (or Federal I.D. No.) — Address 913 SOUTH DUBUQUE STREET IOWA CITY IA 52240 Number and Slrnl or RR City, Town or P.O. SIM Zip TRANSFEREE Name OF IOWA CITY, IOWA Social Security No. 42_6004805 (or Federal I.D. No.) Address Number" Slnat or RR Gly. Town or P.O. state Zip IOWA CITY Address of Property Translated WEST HALF OF MILLER STREET NORTH OF BENTON STREET IOWA Number and street or RR City. Town or P.O. state Zip Legal Description of Properly ATTACHED, EXHIBIT A 1. Wells (check one) A There are no known wells situated on this property. o There is a well or wells situated on this property. The type(s), location(s) and legal status are slated below. 2. Solid Waste Disposal (check one) B There is no known solid waste disposal site on this property. o There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The locations) of the site(s) is staled below. 3. Hazardous Wastes (check one) N There is no known hazardous waste on this property. o There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) 01 There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known subsiance(s) contained are described below. Information, if any, required by statements checked above: Attachment for Additional Information? Y / N If so, number of pages 2 1 HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS STATEMENT IS TRUE AND CORRECCTT. Signature: =&= &M. /j M /dSs— 6e A —, Telephone Number: (31g) 339-6100 (Tr9nsleror of Agent) Date of Instrument Date of Recording Deed ❑ Contract n PART II - TO BE COMPLETED BY RECORDER Book/I.D. = City or Township County Page/I.D. DNR form (JUN 88) FILE WITH RECORDER 542-0960 (See Instructions, 95) INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT The tranaferur of real property Is required to complete Part I or this form. The purpose of the statement is to satisfy legal requirements for filing instruments of conveyance of real property with the county recorder (1987 Iowa Acts, Ch. 225, Sec. 307). The Department of Natural Resources does not approve or disapprove of property transfers based on these statements. The statement must be signed by one of the persons transferring the property interest or that person's agent. An agent signing this form represents the information from transferor to be correct. For the most part the information requested is clear (name, address, SSN, etc.). One statement under each or the numbered items (1, 2, 3 and 4) must be checked, and if one or more of the statements checked requires the transferor to provide additional information, that information is to be provided In Part I. Relate the additional information to the specific category of facility (well, etc.) by numbering it with the corresponding number (1, 2, 3, 4). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and attach the additional information to all copies of the form. When describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction from a landmark or corner of the properly. A professional survey Is not necessary. The following definitions are for use in completing the form. 1. Wells - A "well" is any excavation that Is drilled, cored. bored, sugared, washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for diverting surface water into the ground, including abandoned wells. "Well" does not include an open ditch or drainage tiles which discharge to the surface. I1 a well is an "abandoned well" or an "agricultural drainage well," this must be identified and the status of the well with respect to Iowa Code sections 4558.190 (1967 Iowa Acts, Ch. 225, Sec. 305) and 159.29 (1987 Iowa Acts, Ch. 225, Sec. 303), respec- tively, must be staled. An "abandoned well" is a well no longer in use or in such state of disrepair that continued use is unsafe or impracticable. Aban- doned wells are to be properly plugged in accor- dance with chapter39 of the rules of the Department of Natural Resources. (567 Iowa Administrative Code, Chapter 39) An "agricultural drainage well" is a well constructed for the purpose of draining, or which drains, water from agricultural land to an aquifer (underground), excluding drainage file intakes which outlet to the surface. Agricultural drainage wells are required to be registered with the department by September 30, 1988, and the owner of the well and of the land drained by the well are to develop a plan proposing alternatives to the use of the well by January 1, 1991. (See 1987 Iowa Acts, Ch. 225, Sec. 303.) 2. Solid Waste - "Solid waste" means garbage, refuse, rubbish and other similar discarded solid or semisolid material. It does not include dirt, stone, brick, or similar inorganic material used for fill, as long as no other solid waste is included. See 567- 100.2(4558), Iowa Administrative Code (I.A.C.) for further definitions. A "disposal site" Is any area on the property on, in, or under which solid waste has been disposed, whether or not the disposal is or was regulated by the department. It the translator or agent has not received notice from the Department of Natural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to the department. 3. Hazardous Wastes - "Hazardous waste" Is defined in Iowa Code section 4558.411, 567-141.2 (4558), I.A.C., and federal regulations referenced therein. It Is generally defined as waste that Poses a threat to human health or the environment. II Includes wastes which are ignitable, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned to the soil as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmei in accordance with the manufacturer's instructions, triple -rinsed agricultu- ral chemical containers disposed of by farmers (where the rinsate is used as makeup water in the lankmix and applied at appropriate rales), and other specific materials. Persons are legally required to be aware of hazardous waste laws. 4. Underground Storage Tanks - "Underground storage tank" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic materials Identified in 567- 135.2(455B), I.A.C. EXCLUDED ARE: a. Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. b. Tanks used for storing heating oil for con- sumptive use on the premises where stored. c. Residential septic tanks. d. Pipeline faclllties regulated by stale or federal law. e. A surface impoundment, pit pond, or lagoon. I. Astorm wafer or wastewater collection system. g. A flow-through process tank. It. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. I. A tank in an underground area such as a basement or mine, If the tank is on or above the surface of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of construction (steel, fiberglass reinforced plastic [FRPj, or other (specify]), and any Internal or external protection such as a prolective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Filing - The original of this form must be pre- sented to the county recorder when the document to be recorded Is filed. If any of the four questions are answered in the affirmative so that explanations are required, a duplicate copy (or photocopy) of this form must be filed with the recorder. In casas where all four questions are answered in the negative, this form will be forwarded by the recorder to the trans- feree when the recorded instrument is returned. If any of the questions are answered in the affirmative so as to require an explanation, the recorder shall furnish the original of this form to the transferee and forward the photocopy or other duplicate copy suit- able for microfilming to the department. The recorder is not required to keep any copies. EXHIBIT A Commencing at the intersection of the West line of Lot 6 in School Commissioner's Subdivision of Section 16, Township 79, North, Range 6 West of the 5th P.M., wit)► the North line of West Benton Street R.O.W. in Iowa City, Iowa, thence East along the North line of West Benton Street to its intersection with the West line of Giblin's Subdivision, according to the plat thereof recorded in Plat Book 4, Page 172 Plat Records of Johnson County, Iowa; thence Northerly along the West line of said Giblins Subdivision 321 feet, more or less, to the North line of said Lot 6 in School Commissioner's Subdivision; thence West along the North line of said Lot 6 to the Northwest corner thereof; thence South to the place of beginning; except, commencing at a brass pin set in concrete pavement of Highway 1218, said pin marks the East Quarter corner of Section 16, Township 79 North, Range 6, West of the 5th P.M. and assuming that the bearing from said pin to the center line of the pavement South, to be due South, thence 372.2 feet North and 1,556.6 feet West to an iron pipe at the intersection of the North line of West Benton Street R.O.W. in Iowa City, Iowa, and the west line of Giblin's Subdivision, a part of Section 16, said pipe is the point of beginning; thence South 89 degrees 57 minutes West 67.9 feet; thence North 1 degree 03 minutes West 129.2 feet; thence North 89 degrees 20 minutes East 64.4 feet; thence South 2 degrees 32 minutes East 130.1 feet to the point of beginning of this exception, and except, commencing at a brass pin set in the concrete pavement of Highway 1218, said pin marks the East Quarter corner of Section 16, Township 79 North, Range 6 West of the 5th P.M., and assuming the bearing of the line from said pin to the center line of the pavement South to be due South; thence 372.2 feet North and 1,556.6 feet West; thence South 89 degrees 57 minutes West 178.9 feet to the point of beginning; thence South 89 degrees 57 minutes West 225 feet; thence North 1 degree 03 minutes West 124.9 feet; thence North 89 degrees 20 minutes East 225 feet; thence South 1 degree 03 minutes East 127.8 feet to the point of beginning of this exception and also except the following lots in Lot 6 in School Commissioner's Subdivision: (a) Lot 6, as described in the deed recorded at Johnson County Recorder Book 605, Page 360; (b) Lot 8, as described in the deed recorded at Johnson County Recorder Book 535, Page 174; (c) Lot 10 and the north 35 feet of Lot 11, as described in the deed recorded at Johnson County Recorder Book 995, Page 881; (d) Lot 12 and the south 30 feet of Lot 11, as described in the deed recorded at Johnson County Recorder Book 464, Page 117; and /c/5 (e) the parts of Lot 9 and Lot 5, as described in the deed recorded in Johnson County Recorder Book 224, Page 313; (the above -described real estate conveyed by this quit claim deed is also described as the west half of Lot 5, the west half of Lot 9, and the north 11 feet of the east half of Lot 9). /95 QUIT CLAIM DEED KNOW ALL PEOPLE BY THESE PRESENTS: That Johnson County, Iowa, a municipal corporation, in consideration of the sum of one dollar and other valuable consideration in hand paid, does hereby Quit Claim unto the City of Iowa City, a•municipal corporation, all its right, title, interest, estate, claim, right and demand in the following described real estate situated in the city of Iowa City, Johnson County, Iowa, to wit: Commencing at the intersection of the West line of Lot 6 in School Commissioner's Subdivision of Section 16, Township 79, North, Range 6 West of the 5th P.M., with the North line of West Benton Street R.O.W. in Iowa City, Iowa, thence East along the North line of West Benton Street to its intersection with the West line of Giblin's Subdivision, according to the plat thereof recorded in Plat Book 4, Page 172 Plat Records of Johnson County, Iowa; thence Northerly along the West line of said Giblins Subdivision 321 feet, more or less, to the North line of said Lot 6 in School Commissioner's Subdivision; thence West along the North line of said Lot 6 to the Northwest corner thereof; thence South -to the place of beginning; except, commencing at a brass pin set in concrete pavement of Highway #218, said pin marks the East Quarter corner of Section 16, Township 79 North, Range 6, West of the 5th P.M. and assuming that the bearing from said pin to the center line of the pavement South, to be due South, thence 372.2 feet North and 1,556.6 feet West to an iron pipe at the intersection of the North line of West Benton Street R.O.W. in Iowa City, Iowa, and the west line of Giblin's Subdivision, a part of Section 16, said pipe is the point of beginning; thence South 89 degrees 57 minutes West 67.9 feet; thence North 1 degree 03 minutes West 129.2 feet; thence North 89 degrees 20 minutes East 64.4 feet; thence South 2 degrees 32 minutes East 130.1 feet to the point of beginning of this exception, and except, commencing at a brass pin set in the concrete pavement of Highway #218, said pin marks the East Quarter corner of Section 16, Township 79 North, Range 6 West of the 5th P.M., and assuming the bearing of the line from said pin to the center line of the pavement South to be due South; thence 372.2 feet North and 1,556.6 feet West; thence South 89 degrees 57 minutes West 178.9 feet to the point of beginning; thence South 89 degrees 57 minutes West 225 feet; thence North 1 degree 03 minutes West 124.9 feet; thence North 89 degrees 20 minutes East 225 feet; thence South 1 degree 03 minutes East 127.8 feet to the point of beginning of this exception and also except the following lots in Lot 6 in School Commissioner's Subdivision: 11745 Entered upon transfer books RECENED ?4h and for taxation this Johnson Co. Iowa 1.day of...... AUG 0 7 1991 /Q• --._...AUDITOR sy NTY AUDITOR 4 u (a) Lot 6, as described in the deed recorded at Johnson County Recorder Book 605, Page 360; (b) Lot 8, as described in the deed recorded at Johnson County Recorder Book 535, Page 174; (c) Lot 10 and the north 35 feet of Lot 11, as described in the deed recorded at Johnson County Recorder Book 995, Page 881; (d) Lot 12 and the south 30 feet of Lot 11, as described in the deed recorded at Johnson County Recorder Book 464, Page 117; and (e) the parts of Lot 9 and Lot 5, as described in the deed recorded in Johnson County Recorder Book 224, Page 313; (the above -described real estate conveyed by this quit claim deed is also described as the west half of Lot 5, the west half of Lot 9, and the north 11 feet of the east half of Lot 9). The undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above-described premises. Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. / 17 Signed this Lday of 1991. i JOHNSON COUNTY, IOWA By: BETT OCKENFEly Chai person Johnson County, IA Board of Sup=,v ' Attest: ,, Johnson County Auditor STATE OF IOWA ss: COUNTY OF JOHNSON ) On this /A 77, day of 1991, Betty Ockenfels and Tom S1cket , appeared personally before the undersigned and said under oath that they are, respectively, the Chairperson, Johnson County Board of Supervisors, and Johnson County Auditor; that the seal affixed to this instrument, which they signed before me, is the seal of Johnson County; that this instrument was signed and sealed on behalf of Johnson County by authority of its Board of Supervisors; and that they as such officers acknowledged execution of this instrument as the volun- tary act of Johnson County. %%// 1/ //�� G NARY PUBLIC IN AND FOR THE IN AND FOR THE STATE OF IOWA 1q6 RESOLUTION NO. 91-196 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CITY OF IOWA CITY -HOLIDAY INN, IOWA CITY PARKING AGREEMENT. WHEREAS, City and Dr. Harry A. Johnson, Jr., doing business as Mid -City Hotel Associates - Iowa City ("Johnson") entered into a certain parking agreement dated December 23, 1983 ("parking agreement"), which gave Johnson, as owner of the Holiday Inn - Iowa City ("hotel") located at 210 South Dubuque Street, Iowa City, Iowa, certain rights with respect to parking in the Dubuque Street Parking Ramp and the Capitol Street Parking Ramp located in Iowa City, Iowa, which ramps are owned by the City; and WHEREAS, the Resolution Trust Corporation ("RTC") by deed from Dr. Harry A. Johnson, Jr. and through its foreclosure of the mortgage of Midwest Federal Savings and Loan Association of Minneapolis on the Hotel, is now the fee owner of the hotel; and WHEREAS, RTC and City desire to amend the Parking Agreement to reflect, among other things, RTC's ownership of the Hotel so that the parking rights now available to the Holiday Inn - Iowa City will remain available to RTC, and to its successors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the attached Amendment to City of Iowa City - Holiday Inn, Iowa City Parking Agreement should be approved as in the public interest to reflect current ownership, and to permit marketing to a new buyer. 2. The Mayor and City Clerk are hereby authorized to execute the Amendment to the Parking Agreement, attached hereto and incorporated by reference herein, which agreement is approved as to form and content. It was moved by Courtney and seconded by adopted, and upon roll call there were: AYES: x x x x —7— _x x NAYS: Ambrisco the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 19(e Resolution No. 41-»6 Page 2 Passed and approved this 31st day of July , 1991. mww ,— l • Approved . ATTEST:, CITY LERK nAcadata\legal\p gkagmt. rea Pity Attorney's Office AMENDMENT TO CITY OF IOWA CITY -HOLIDAY INN, IOWA CITY PARKING AGREEMENT THIS AMENDMENT TO PARKING AGREEMENT (the "Amendment") is entered into by and between the CITY OF IOWA CITY, IOWA, a municipal corporation ("City") and the RESOLUTION TRUST CORPORATION AS RECEIVER FOR MIDWEST SAVINGS ASSOCIATION, F.A. ("RTC"). WHEREAS, City and Dr. Harry A. Johnson, Jr., doing business as Mid - City Hotel Associates -Iowa City ("Johnson") entered into a certain parking agreement dated December 23, 1983 ("Parking Agreement"), which gave Johnson, as owner of the Holiday Inn -Iowa City ("Hotel") located at 210 South Dubuque Street, Iowa City, Iowa, certain rights with respect to parking in the Dubuque Street Parking Ramp and the Capitol Street Parking Ramp located in Iowa City, Iowa, which ramps are owned by the City; and WHEREAS, RTC by deed from Dr. Harry A. Johnson, Jr. and through its foreclosure of the mortgage of Midwest Federal Savings and Loan Association of Minneapolis on the Hotel, is now the fee owner of the Hotel; and WHEREAS, RTC and City desire to amend the Parking Agreement to reflect, among other things, RTC's ownership of the Hotel to that the parking rights now available to the Holiday Inn -Iowa City will remain available to RTC. 1fib Now, THEREFORE, in consideration of their mutual promises, the City of Iowa City, Iowa and RTC agree to amend the Parking Agreement as follows: 1. All references in the Parking Agreement to Dr. Harry A. Johnson, Jr., doing business as Mid -City Hotel Associates -Iowa City -or to Hotel Associates are hereby deleted, and replaced with "the Resolution Trust Corporation as Receiver for Midwest Savings Association, F.A., its successors and assigns." 2. The following paragraph is added to paragraph 1 of the existing Parking Agreement: "In the event City no longer owns or uses the two parking ramps noted herein, namely the Dubuque Street Parking Ramp and Capital Street Parking Ramp, the City agrees to provide parking to RTC at a location that constitutes a reasonable alternative, and is in as close proximity to the existing hotel as reasonably possible and practical. Said substitute parking shall be provided to RTC no later than the cessation of operation of the Dubuque Street Parking Ramp and the Capitol Street Parking Ramp. Notwithstanding the foregoing, in the event City transfers ownership of the Dubuque Street Ramp and the Capitol Street Ramp to an entity intending to continue operating the property as parking ramps, said transfer shall be subject to the transferee assuming*City's obligations under this Agreement and also subject to RTC's 2 lcite consent of such transfer, which consent will not be unreasonably withheld." 3. City and RTC agree that paragraph 5 of the original Parking Agreement should be deleted, since the City of Iowa City has already fulfilled this obligation by expanding the Dubuque Street Parking Ramp by 200 spaces, for a total of over 600 spaces. 4. The following paragraph 5 is hereby added to the Parking Agreement: "5. Ownership of the Hotel. It is hereby recognized and agreed that the Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. ("RTC") is, as of the date of this Amendment, the fee owner of the hotel known as the Holiday Inn -Iowa City (the "Hotel"), and that RTC is currently operating the Hotel. City and RTC agree that any assignment of this Parking Agreement will be agreed upon by both RTC and City, in writing, and that City's agreement will not be unreasonably withheld. City's consent hereunder may only be withheld based upon the same reasons the City would deny a liquor license application, namely the failure of the applicant's creditability and character to withstand an investigation by the City. The RTC shall submit the name of the assignee of any such proposed assignment'to the City in 3 9(o writing via U.S. Mail "return receipt requested". Failure by City to notify RTC of City's disapproval in writing within fifteen (15) days of City's receipt of said notice from the RTC shall constitute approval of - said assignment by the City." 5. The following paragraph 6 is hereby added to the Parking Agreement: "6. Agreement Term. This amended Agreement shall have a term of years commencing as of the date written below, and terminating on a date ninety-nine (99) years thereafter. This Amended Agreement shall not be terminated by either party, its successors or assigns during said ninety-nine (99) year term except upon sixty (60) days written notice A to the other party, and only for good and reasonably cause shown, and only after written notice of default and having given the defaulting party the opportunity to cure the,default within sixty (60) days from said notice. It is expressly, agreed that the City's sole remedy in the event of a default by the RTC shall be the cancellation of said agreement and the right to maintain an action for money damages in the amount of parking fees incurred based on actual parking ramp usage by the Hotel patrons prior to such cancellation." 4 6. Exhibit A, Section 1.A, is hereby amended by adding the following language: "City agrees that in the event it no longer owns or operates the Dubuque Street Parking Ramp or the Capitol Street Parking Ramp, and the City has provided RTC with substitute parking as set forth above, the monthly permit fee in effect as of the end of the previous Contract Year shall be the monthly rate in effect for the following Contract Year. Thereafter, RTC or its successors and assigns shall pay the monthly permit rate in effect at the time of calculation of fees owed, as set out in Section I of "Exhibit A." City and RTC further agree that "Contract Year" shall be consistent with City's fiscal year, and shall, as of July 1, 1991, run from July 1 to June 30 of the following year, and that the Contract Year.is one and the same as the "annual 12 -month period" referred to in Exhibit A. City shall not increase the monthly permit rate in effect more often than once every Contract Year. For purposes of this Agreement, "monthly permit rate in effect" shall mean the lowest monthly contract parking rate available to the general public at the Dubuque Street Parking Ramp or the Capitol Street Parking Ramp. Dated this day of 1991. Approved By 5 City AttOWS OMC9 7 -mss 7/ 04 4 CITY OF IOWA CITY, IOWA A MUNICIPAL CORPORATION B;�a"yor� �.«,--� By: Attest: b2dm�, 2e. 7f:�� City ICS erk STATE OF IOWA ) SS: JOHNSON COUNTY) RESOLUTION TRUST CORPORATION AS RECEIVER FOR MIDWEST Its: On this qday of AuGus- - , 19�j / before me, $rn,�rr✓ 'Vrn.� , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in 16rdinenee) (Resolution) No. 91— 19e. passed (the Resolution adopted) by the City Council, under Roll Call No. — —oE the City Council on the ) s} day of , 19_gJ_, and that.John McDonald and Marian K. Karr acknowledged the ex cution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sir� Notary Public in and for the State of Iowa The foregoing instrument wps acknowledged before me this j711i day of t 1GcJ , 1991, by �ij02�f �drxhi , known to me to be the of the Resolutio Trust Cc poration as receiver for Midwest Savings Association, F.A. IagaWgagmtamd Ap d By City Attway's Office 6-,26- fl (�? ,G'. C 44 -?44-'A ^M � SUSAN C STILLWELL nolae� PUBLIC—MINNESOTA DAKOTA COUNTY My Commission Ezpaes SepL 17, 1996 r N 196 CITY OF IOWA CITY - HARRY A. JOHNSON, JR. PARKING. AGREEMENT This agreement is entered into this 23rd day of December 1983, between the City of Iowa City, Iowa, a municipal corporation, herelinarter referred to as City, and Harry A. Johnson, Jr, doing business as Mid -City Hotel Associates - I•owa City, hereinafter referred to as Hotel Associates. WHEREAS, Hotel Associates is planning to construct a hotel facility on Block 64, Iowa City, Iowa, which hotel facility requires parking availability for the use of its patrons, and, WHEREAS, the City and Hotel Associates have reached agreement concerning parking availability which agreement the parties wish to_reduce to writing. Now, -therefore, it is agreed as follows: Parking Provided. The City agrees to provide to Hotel Associates and to its, parking patrons parking spaces, for vehicles with a maximum clearance of 1 feet, in Dubuque Street Parking Ramp and the Capitol Street Parking - Ramp, located in Iowa City, Iowa. Parking shall be provided to regis- tered hotel guests in either the Dubuque Street Parking Ramp or the Capitol Street Parking Ramp. Without assuming financial liability to Hotel Associates, the City agrees to use reasonable efforts to provide parking to registered hotel guests in the Dubuque Street Parking Ramp. Hotel Associates agrees to assist the City in staffing the Dubuque Street .Parking Ramp to provide for traffic control during days of peak usage. Parking shall be provided to meeting attendees, restaurant patrons and bar patrons in either the Dubuque Street Parking Ramp or the Capitol Street Parking Ramp during scheduled operating hours of the 'parking ramps on an as available basis. 2. Parking Validation. The City and Hotel Associates agree to develop a validation system so that parking ramp tickets can be validated by Hotel Associates employees and returned by the parking patrons to the cashier upon exiting either parking ramp. Hotel Associates agrees to develop appropriate security systems to prevent unauthorized use of the parking validation system. R Operation. The City shall be responsible for maintaining ramp opera ions. it is agreed that by making this agreement, the City is neither expanding nor limiting its liability to Hotel Associates or its guests and patrons in connection with the operation of the parking ramp, but rather such liability shall be the same as to any other person or entity using the parking ramp. ' Parking Rates. The City will charge Hotel Associates for parking ramp. usage rates as set out in the attached Exhibit A, which exhibit is by this reference made a part of this agreement. Additional Parking Spaces. Subject to financial resources being avail- able, the City agrees to provide additional downtown off-street parking in the event of the occurrence of one or more of the following: 196 I . Page 2 a) The average combined daily occupancy of the Dubuque Street Parking Ramp and the Capitol Street Parking Ramp exceeds 80% in any 8 months in a 12 month period. The average daily occupancy rate will be based upon parking usage between the hours of 9:00 a.m, and 5:00 p.m, on non -holiday weekdays. b) The average evening occupancy. of the Dubuque Street Parking Ramp exceeds 80% for any 8 months in a,12 month period. The average evening occupancy rates will be based upon parking usage between the hours of 5:00 p.m. and 10:00 p.m. on non -holiday weekdays. Dated at Iowa City, Iowa, an the date given above. CITY OF IOWA CITY, IOWA 8y: VV J �. 9IItALt I#/ Mary C. Nqjhauser, Mayor ATTEST: �1r1A�•n � � �.L-� CITY -CLERK HARRY A. J HN ON, JR. STATE OF - IOWA ) SS: JOHNSON COUNTY ) On this ay of , A.D. 1983, before me, a Notary Public duly-commissionea and qua i ied in and for said County and State, personally appeared'Mary C. Neuhauser, Mayor of the City of Iowa City, Iowa, and Marian Karr, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of. said City, and. each for himself/herself acknowledged the execution thereof to be his/her voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial Seal at Iowa City, Iowa, the day and year last above written. Not&ry Publi i andlbr fF Sta e of Iowa 196 Page 3 STATE OF F86%Mjt4NESOTA 146GWAW d&HWAN COUNTY ; SS ij- signed, this , otaryv ay of y,r6y� 1983, before me, the under- signed, a— atary Public to an or sat ate, personally appeared Harry A. Johnson, Jr. to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same in his voluntary act and deed. 4,�ri No aryPu tc to an or e (/State of +o" miNNfsO--sl CYNTMA Now Norm PUMNE3OTA DIY comk�P000MU E $ 7989 1CI6 Page 4 EXHIBIT A I. REGISTERED HOTEL GUESTS AND RESTAURANT PATRONS Hotel Associates will contract with the City for parking provided to hotel patrons for a monthly fee to be paid to the City. The monthly fee is based upon a computation utilizing the monthly permit rate in effect at the time the calculation is made times 100 parking spaces. The monthly fee will cover the cost of 60,000 hours of parking per month for hotel patrons. In the event the parking ramps are staffed by the City for operation on Sundays and/or holidays, the amount of hours of parking per month will be prorated accordingly. Annual Adjustment of Monthly Fees. Should the actual hours of parching utilized by ote patrons exceed 720,000 hours per year (60,000 hrs/month X 12 months), Hotel Associates will annually pay the City for any excess hours of parking, at the .hourly rate in effect at the end of the annual 12 month period. The first annual period shall end it months from the end of the first calendar month of hotel operation with each successive annual period ending 12 months thereafter. Any fee for a partial month shall be a prorated portion of the monthly fee. B. Actual Hours of Hotel Patron Parkini. The City agrees to provide hotel patron parking usagefigures monthly and a final full year report within 45 days after the end of each hotel operation year. Hotel Associates shall have the right to audit the hotel guest parking usage figures provided by the City. C. Computation Formulas: 1. Monthly fee: (100 parking spaces) X (monthly permit rate- in effect at the time calculation is made) = monthly fee 2. Annual adjustment of monthly fees: - a. (actual hours of hotel patron parking) -(720,000 hours) excess hours of parking. b. If excess hours of parking is positive: (Excess hours of parking) X (Hourly rate in effect at end of year) = Annual adjustment. c. If excess hours of parking is negative, for the first year only: that negative amount of hours will be carried over to the second year and added to the annual hour base of 720,000 hours to be used in the computation of the annual adjustment of monthly fees for the second year. melt Due Date.' Hotel Associates agrees to pay the monthly fee by e 5th o the following month and the annual adjustment with 45 days after the annual, 12 month period. Page 5 E. Renegotiation. The computation formulas listed in Section I -C are subject o renegotiation should daily parking demand necessitatk the removal of permit parking in the Oubuque Street Parking Ramp. II. HOTEL EMPLOYEES, RESTAURANT EMPLOYEES Parking will be provided as available to the general public at the normal rates. 19C RESOLUTION NO. 91-197 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Highlander ;tm & Supper Club - 2525 N. Dodge St.- (21 -Aug -1991) Timos Rock & Roll Diner - 214 S. Clinton St. - (21 -Aug -1991) Gasbys - .13L0 S. Gilbert St. - (21 Aug -1991) It was moved by-- Amb and seconded by that the Resolution as read be adopte , and upon roll call t ere were: AYES Ambrisco 7 Courtney x Horowitz x Kubby x Larson x McDonald Novick x NAYS: ABSENT: Passed and approved this 20th day of August , 19 91 Attest: Ci Jerk �C--5 z 191'7 r RESOLUTION NO. 91-198 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Highlander Inn & Supper Club - 2525 N. Dodge St. - (9-9-91) Loyal order of Moose, 111096 - 950 Dover St. - (8-26-91) It was moved by Ambrisco and seconded by Novick that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 20th day of August , 1991 . 0" AYOR ATTEST: CITY LERK \dancep".res 159 RESOLUTION NO. 91-199 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1991. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking Report for the period beginning July 1, 1990, through June 30, 1991, be approved. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: x NAYS: Passed and approved this 20th day of ATTEST: CITY -CLERK ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick , 1991 �r 1 Approved 199 R -ES Ek RESOLUTION NO. 91-200 RESOLUTION APPROVING FINAL PLAT OF WALDEN WOOD, PARTS 3-7. WHEREAS, the owner and subdivider, Braverman Development, Inc., has filed with the City Clerk, the final plat of Walden Wood, Parts 3-7, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate located in Iowa City, Johnson County, Iowa, to -wit: The Northwest Quarter of the Southwest Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian and Lot 7 of Aspen Lake Subdivision as recorded in Book 21, Page 82 Johnson County Recorder's records; except Walden Wood Parts 1 and 2 as recorded in Book 22, Page 60 and Book 30, Page 94 Johnson County Recorder's records; and except Walden Ridge Parts 1 through 4 as recorded in Book 23, Page 10 through 13 Johnson County Recorder's records, described as: Beginning at the southwest corner of the Northwest Quarter of the Southwest Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N0026'55"W, 1326.78 feet to the northwest corner of said Quarter Quarter and the southwest corner of Lot 7 of Aspen Lake Subdivision as recorded in Book 21, Page 82 Johnson County Recorder's records; thence following the west and northerly line of said Lot 7: N0016'31 "W, 135.00 feet; thence N74 °46'29"E, 145.00 feet; thence S89 013'31 "E, 200.00 feet; thence N74146'29"E, 60.00 feet; thence N59046'29"E, 50.46 feet; thence N4059'10"W, 34.98 feet; thence N85100'50"E, 51.90 feet to the northwest corner of Walden Ridge Part 4 as recorded in Book 23, Page 13 Johnson County Recorder's records; thence S4141'04"E, 559.75 feet along the westerly line of Walden Ridge Parts 4 and 2 to the southwest corner of Walden Ridge Part 2 as recorded in Book 23, Page 11 Johnson County Recorder's records; thence S82008'44"E, 331.31 feet along the south line of Walden Ridge Part 2 to a point on the westerly line of Walden Wood Part 2 as recorded in Book 30, Page 94 Johnson County Recorder's records; thence following the westerly and southerly line of Walden Wood Part 2: S11006'16"W, 233.10 feet; thence following a 154.05 foot radius curve, concave northwesterly, with a central angle of 35016'11 " 94.83 feetto a point that lies S28044'22"W, 93.34 feet from the last described point; thence S43037'33"E, 103.19 feet; thence N89021'16"E, 186.00 feet; thence N44021'1 6"E, 77.85 feet; thence N89021'16"E, 241.72 feet to the southeast corner of Walden Wood Part 2; ,1ao Resolution No. 91-200 Page 2 thence SO°38'44"E, 290.76 feet along the east line of said Quarter Quarter to the northeast corner of Walden Wood Part 1 as recorded in Book 22, Page 60 Johnson County Recorder's records; thence following the northerly and westerly line of Walden Wood Part. 1: N86024'1 1"W, 143.10 feet; thence N46024'110W, 38.89 feet; thence N86024'1 1"W, 82.29 feet; thence S66035149"W, 96.22 feet; thence N73024'11 1"W, 120.39 feet; thence S89035'49"W, 85.00 feet; thence S64035'49"W, 149.00 feet; S4°24'11 "E, 327.83 feet to the southwest corner of Walden Wood Part 1; thence S89035'49"W, 668.54 feet along the south line of said Quarter Quarter to the point of beginning. Said tract contains 1,140,163 square feet or 26.17 acres, more or less. and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision, and have recommended approval of same; and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to. conform with Chapter 409A, Code of Iowa (1991), and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement is hereby accepted as by law provided. BE IT FURTHER RESOLVED, that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents, upon the approval of the City Attorney, relating to said subdivision, and to certify a copy of this Resolution to be recorded by the subdivider with the plat and legal papers at the Office of the Johnson County Recorder. Resolution No. 91-200 Page 3 It was moved by Ambriaco and seconded by Horwitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 20th day of Aueugt- 11991. AYOR Appro by ATTEST:CtJ 7S • 9�y�/ CITY CLERK ppdedmin%welde nwd.res F�� ges $e - RESOLUTION NO. 91-201 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN FOR MAHER BROTHERS. WHEREAS, the owner, Earl R. Riley, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary Large Scale Non -Residential Development (LSNRD) plan for Maher Brothers Transfer and Storage, for a warehouse and office addition located at 2470 South Riverside Drive and more particularly described on Exhibit A, attached hereto and made a part hereof by this reference (the "Property"); and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary LSNRD plan and have recommended approval subject to the condition that no occupancy permit be issued until the water main has been extended to the site for fire protection; and WHEREAS, the preliminary LSNRD plan has been examined by the Planning and Zoning Commission; and, after due deliberation, the Commission has recommended that the plan be accepted and approved subject to the condition that no occupancy permit be issued until the water main has been extended to the site for fire protection; and WHEREAS, the site presently lacks adequate fire protection; and WHEREAS, the City has entered into an agreement to extend a water main to the site for fire protection; and WHEREAS, the preliminary LSNRD plan for Maher Brothers will conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa, once the water main is extended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary LSNRD plan submitted by Maher Brothers relating to the property is hereby approved subject to the condition that no occupancy permit be issued until the water main has been extended to the site for fire protection. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution and of the preliminary LSNRD plan submitted by Maher Brothers as provided by the Iowa City Code of Ordinances. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz �_ Kubby X Larson X McDonald X Novick as ( Resolution No. 91-201 Page 2 Passed and approved this 20th day of August , 1991. OR ATTEST: .) CITY -CLERK ppdadmin\maher.res Exhibit A Commencing at the east quarter comer of Section 21, Township 79 North, Range 6 West of the 5th P.M., thence S1006'40"W, 905.70 feet to the center line of the CRAP Railroad; thence S20°59'00"E, 799.49 feet to the Center of the County Road to a point; thence S58041'00"W, 319.95 feet to a point; thence S57047'15"W, 323.81 feet to the point of beginning; thence S57047'15"W, 248.0 feet; thence S0023'26"W, 345.0 feet; thence N89032'26"E, 390.67 feet; thence N1 036'34"W, to a point which is S1 °36'34"E, 359 feet from the center of the County Road; thence west 162.0 feet, thence northerly to the Point of Beginning as recorded in Book 330, Page 152 of the Johnson County Recorder's Office. Said parcel contains 2.74 acres, more or less. maher.exA as I RESOLUTION NO. 91-202 RESOLUTION OF INTENT TO CONVEY TO HICKORY HILL RIDGE LTD. A 10 - FOOT WIDE PORTION OF THE EXISTING 60 -FOOT WIDE ACCESS EASEMENT WITHIN THE PROPOSED HICKORY HILL RIDGE SUBDIVISION. WHEREAS, the 60 -foot wide access easement was purchased in 1982 to provide access for maintenance of a stormwater management basin; and WHEREAS, the proposed final plat of Hickory Hill Ridge Subdivision replaces the existing 60 - foot wide access easement with a 50 -foot wide street right-of-way; and WHEREAS, access to the stormwater management basin is preserved with the proposed 50 - foot street right-of-way; and WHEREAS, prior to the approval of the final plat for Hickory Hill Ridge Subdivision, the City proposes to convey to the developer of Hickory Hill Ridge Subdivision a 10 -foot wide portion of the existing 60 -foot wide access easement which runs the length of the proposed North Seventh Avenue right-of-way extension through the Hickory Hill Ridge Subdivision; and WHEREAS, Hickory Hill Ltd. has agreed to have the City convey a 10 -foot wide portion of the existing 60 -foot wide access easement, the total area of which is described as follows: Commencing at the Southwest Corner of the Northwest Quarter, of the Northeast Quarter, of Section 11, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S89031'13"E, 143.94 feet, along the South line of the Northwest Quarter, of said Northeast Quarter; thence N 51 003'41 "E, 391.55 feet to the Point of Beginning; thence S00028'47"W, 248.63 feet; thence S89131'1 3"E, 7.06 feet; thence N00028'47"E, 254.43 feet; thence S51 103'41 "W, 9.14 feet to the Point of Beginning. Said tract of land contains 0.04 acres, more or less. Commencing at the Southwest Corner of the Northwest Quarter, of the Northeast Quarter, of Section 11, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S89031'13"E, 143.94 feet, along the South line of the Northwest Quarter, of said Northeast Quarter; thence N51 003'41 "E, 465.42 feet to the Point of Beginning; thence S00028'47"W, 295.54 feet; thence S89031'13"E, 2.94 feet; thence N00028'47"E, 297.95 feet; thence S51 003'41 "W, 3.80 feet to the point of beginning. Said tract of land contains 0.02 acres, more or less; and WHEREAS, the City has no need for the property being considered for conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the above-described City -owned property to Hickory Hill Ltd. in consideration of $608. M Resolution No. vi_902 Page 2 BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for 7:30 p.m., September 3, 1991, Council Chambers, Civic Center and that the City Clerk be and is hereby authorized, empowerdd and directed to cause Notice of Public Hearing on the matter set forth above to be published, as provided by law. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X. Horowitz X Kubby X Larson x McDonald x Novick Passed and approved this 20th day of August 1991. AYOR Appr d b ATTEST: CI LERK ppdadm in\h ckh ill. res M '1 RESOLUTION NO. 91-203 RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE APPROVED AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR LOTS 2 AND 3, HIGHLANDER DEVELOPMENT FIRST ADDITION. WHEREAS, the City Council approved the amended preliminary LSNRD plan for Lots 2 and 3, Highlander Development First Addition on September 19, 1989, which is effective for a 24 -month period or until September 19, 1991; and WHEREAS, the City Council is empowered to extend the expiration date of said amended preliminary LSNRD plan for an additional twelve months upon written request of the applicant, pursuant to Chapter 27-39 of the Iowa City Municipal Code; and WHEREAS, the City has received such request; and WHEREAS, no new regulations pertinent to this development have been adopted since the September 19, 1989, approval, and circumstances in the area of the proposed development are unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The expiration date for approval of the amended preliminary Large Scale Non -Residential Development plan for Lots 2 and 3, Highlander Development First Addition is hereby extended to September 19, 1992. It was moved by Kubbv and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: X —x— ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 20th day of August . 1991. AYOR Approv d y ATTEST: CI LERK City ttorney's Off e ppdadmiftighland.res ;�5 bt JOS Kv rets TMECO,ER vsss 1 8-13-4s si,ZeAn s A}LERS LAW FIRM DES m011ES IA 0 OCSTT W4 339366600978 t P. ee rpv,,, . - (This Notice to be posted) NOTICE AND CALL, OF PUBLIC MEETING Governmental Body: The City Council of lova city, Iowa. Date of Meetings August 20,1991 Time of Meetings 7:30 P.M. Place of Meetings Council Chambers, Civic canter, 410 East Washington, Iaws City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows, $2040,000 Essential Corporate Purpose General Obligation Bonds. - Public hearing on the issuance. Resolution instituting proceedings to take additional action. - Resolution directing sale. - Resolution authorising the issuance. Such additional matters as are set forth on the addi- tional(n)page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body, ity`clark# Iowa City, Iava F M&A POS -TED a: as P'n SF Q�...,...e n ct_,k- 4i August 20 , 1991 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa, at 7:30 oIclock P,M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick. Absent: None. -1- MLEHS. COO\EY. DORWEILER HAYNIE SMUH sALLBEE. K. ATTOIIXEVSATL W MSMC S.I _ / The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of $2,340,000 General Obligation Bonds in order to provide funds to Pay costs of the equipping of police and fire departments; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams and the rehabilitation and improvement of existing City -owned parks, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- ARERS. COMY. DIXRYEILER. H.1117E. SMPH k:U.LBEE. P.C. • ATTpfIMEY"AT"W 0ES M0MES.Ip1M M The Council then considered the proposed action and the extent of objections thereto. Whereupon, -Council Member Courtney introduced and delivered to the Clerk the Resolution hereinafter set out entitled °RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS", and moved: LX/ that the Resolution be adopted. L/ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock _.M. on the day of 1991 , at this place. Council Member Amhric o seconded the motion. The roll was called and the vote was, AYES: Ambrisco, Courtney, Horowitz Kubby, Larson McDonald, Novick. NAYS: None. Whereupon, the Mayor declared the measure duly adopted. RES.91-204 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $2,340,000 General Obligation Bonds for the essential corporate purpose of paying costs of the equipping of police and fire departments; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams and the rehabilitation and improvement of existing City -owned parks, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -3- AHLERS. COO\E1.DORAi1LER.HAl7\7E.S111THAALI.BEEP.C. ATTOMEYSAT"W OESMO ES.p 01T z RES. 91-204 Section 1. That this Council does hereby institute pro- ceedings and takes additional action for the sale and issuance in the manner required by law of $2,340,000 General Obligation Bonds for the foregoing essential corporate purpose. PASSED AND APPROVED this 20th day of August , 1991. yor ATTEST: 4�0" Clerk -4- AHLERS. COONEY. DORWEILER. HA11lE, Urrfl A ALLBEE. P.C. ATTORNE SAT"W MS.O S.g August 20 , 1991 Acting The/Finance Director of Iowa City, Iowa, met in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa, at ig•nn o'clock noon , on the above date, to open sealed bids received and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7;30 o'clock P M. on the above date. The following persons were present at said meeting: Kevin O'Malley. Acting Finance Director 1. I 4 - -5- AHLERS. COOSEY. DORW'EILER. HAYNIE. SNUM & ALLBEE. P.C. ATTOR SAT"W MSMO ES.I abs This being the time and place for the opening of bids for the sale of $2,340,000 Essential Corporate Purpose General Obligation Bonds, the meeting was opened for the receipt of bids for the bonds. Sealed bids were filed and listed in the minutes while unopened, as follows: NIC $ % Name & Address of Bidders: NIR Griffin Kubik et al Chicago 813,521.45 5.6612 Harris Trust Chicago 816,932.70 5.6849 Piper, Jaffray Minneapolis 822,868.75 5.7262 LaSalle National Bank Chicago 823,391.88 5.7299 Lehman Bros. Omaha 826,316.05 5.7502 Dean Witter Chicago 826,584.03 5.7521 United Missouri Bank Kansas City 826,624.75 5.7524 Clayton Brown Chicago 828,489.09 5.7654 First Wisconsin Milwaukee 830,700.62 5.7807 Kemper Securities Chicago 842,700.23 •5.8643 Whereupon the Finance Director declared the time for filing of sealed bids to be closed. Whereupon, the Finance Director declared the sealed bids be opened. The sealed bids,were opened and the best sealed bid was as follows: Name & Address of Bidder: Griffin, Kubik, Stephens & Thompson, Inc. Net Interest Rate: 5.6612 Net Interest Cost: $813,521.45 Whereupon, all bids were referred to the Council for action in accordance with the Notice of Sale. AHLERS. COONEY. DORWEH,ER. HAYNIE. SMITH & ALLBEE. P.C. ATTOIiNEYSATUW MSMMES.b ��� Council Member Larson introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $2,340,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS," and moved its adoption. Council Member Courtney seconded the motion to adopt. The roll was called and the vote was, AYES: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RES. 91-205 RESOLUTION DIRECTING SALE OF $2,340,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $2,340,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS: Bidder: Griffin, Kubik, Stephens & of Chicago Thompson, Inc. the terms of said bid being: Price of $2,321,332.30 NIR of 5.6612% NIC of $813,521.45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. -7- AHLEH.S. COIHEY. DOHIYEILEH, HAYNIE. SMITH & ALLBEE. PC A ORNF SATL W C SMO ES,I JoS RES. 91-205 Section 3. That the notice of the sale of the bonds hereto- fore given and all acts of the Finance Director and City Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 20th day of August , 1991. or ATTEST: // Clerk y ht t tj AHLERS. COONEY. DOPATILER. HAY M. SHIYH &ALLBEE. P.C. ATTOR SATUW MSMONES.g 005 M Council Member Larson moved that the form of Tax Exemption Certificate be placed on file and approved. Horowitz seconded the motion. The roll was called and the vote was, AYES: Kubbv, Larson, M NAYS: Council Member _ Larson introduced the following Resolution entitled"RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Horowitz seconded the motion to adopt, and the roll being called thereon, the vote was as follows: Kubby, Larson.u 1.n. . No NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: RES. 91-206 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,340,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the equipping of police and fire departments; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams and the rehabilitation and improvement of existing City -owned parks, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $2,340,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the MILERS. COONEY. DORWEILEH. ILAYNIE. SMITH k ALLBEE. P.C. AT ORNE SATI p MOME5.1pN/. �&& RES. 91-206 issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee; (b) "Bonds" shall mean $2,340,000 General Obligation Bonds, authorized to be issued by this Resolution; (c) "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; (d) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (e) "Notice of Sale" shall mean the official Notice of Sale as published on August 12 , 19 91 ; (f) "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; (g) "Paying Agent" shall be the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (h) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the pro- ceeds of the Bonds; (i) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate; -10- XHLERS. COO\EY. DORBBILER. H.1 ME. SMITH&ALLBEE. P.C. wTioPI ATUW MSMES.I do RES. 91-206 (j) "Registrar" shall be the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as Provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds; (k) "Representation Letter" shall mean the Representation Letter from the City and the Paying Agent and Registrar to DTC, with respect to the Bonds; (1) "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and (m) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax• Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $464,166 1992/1993 $365,375 1993/1994 $352,125 1994/1995 $338,875 1995/1996 $300,375 1996/1997 $288,000 1997/1998 $275,400 1998/1999 $262,800 1999/2000 $250,200 2000/2001 $237,600 2001/2002 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1991, will be collected during the fiscal year commencing July 1, 1992). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in section 2 of -11- .UMERS. COONEY. DORWEILER. HAI"M SMITH A ALLREE. KI AT OMEYSATl W MSMOVI[ ., /�� IES. 91-206 this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in.and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceedsof said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1991 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim invest3�ents shall mature before the date on which -12- AHLERS MONEY. DORWEILE8. HAYNIE, SMITH & ALLBEE. P.C. ATT NE SATI W O SMgNES.I RES. 91-206 the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $2,340,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated September 1, 1991, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 1992, and semiannually thereafter on the 1st day of December and June in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual signature of the Mayor and attested by the manual signature of the Clerk, and impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 5.30% $240,000 1993 5.30% 250,000 1994 5.30% 250,000 1995 5.40% 250,000 1996 5.50% 225,000 1997 5.60% 225,000 1998 5.60% 225,000 1999 5.60% 225,000 2000 5.60% 225,000 2001 5.60% 225,000 2002 (b) Redemption. Bonds maturing after June 1, 1999, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the owe ARLERS. COO\EY.DORIYEILER. HAYME. SMITH &ALLBEE. P.C. ATfDIWEYSREAW XSMO ES.q ao6 RES. 91-206 registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books of the City Treasurer kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the City, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the City shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of -14- .NHLERS. COONEY. DORWEILER. HA NIE. S)IffH &.U.I.BEE. P.C. ATTO SATNW MSMO ES.q -RES. 91-206 principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the event the City determines that .it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.7 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the City or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the City or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivery of the Representation Letter to DTC by the Mayor, and Finance Director, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Representation Letter by the Mayor and Finance Director, shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The Paying Agent and Registrar is hereby authorized and requested to execute the same and shall have the same rights with respect to its actions thereunder as it has with respect to its actions under the Resolution. -15- AHLERS. COONEY. DORWEILER. ILk"IE. SNTTH S ALLBEE. PC- ATTd SATl W MS.VNES.I Qc>G RES. 91-206 Section 6.7. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.8. The officers of the City are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said General obligation Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the City as to the correctness of all facts stated or recited therein. Section 7. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the -16- AHLERS. COONEY. DORWEILER. ILAYNIE. S11ITH &.1LLBEE. P.C. •TOIi SATL W MSMOMES.K ao(� RES. 91-206 address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on -17- AHLERS. COO\EY. DOAMEILEB. MYSIE. SMrrH & ALLBEE. P.C. ATfONIEYSAT4W MGMONES.I ao& RES. 91-206 his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated. Destroyed Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution. Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond d ,1HLERS. COONEY. WR{YEILER, ILAY17E. S.WrH h ALLBEE. PG ♦rro S^TUW MSMOa.1Es.IPH1. ao& RES. 91-206 executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Richt to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -19- AHLERS, COONEY. DORKEILEIL HAI:UE. SV ITH k ALLREE. P.C. ATTO "SATI W MSMdNES,� RES. 91-206 Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: FIGURE 1 (Front) -20- AHLERS. COOKEIDORISEILER. IM)"NIE, SSIITH &.U.UREE. P.C. AT OMSATUW OESMOINES.g E• / / (6) (7) / / (6) (a) (2) (3) (4) (5) / / (9) / (9a) / / / (10) (continued on the back of this Bond) / / (11)(12)(13) (14) (15) / FIGURE 1 (Front) -20- AHLERS. COOKEIDORISEILER. IM)"NIE, SSIITH &.U.UREE. P.C. AT OMSATUW OESMOINES.g E• RES. 91-206 FIGURE 2 (Back) -21- AHLERS. COONEY. DM EILER. HAYNIE. SMUH&ALLBEE. P.C. ATTONNE SATL W MSMO ES.I d�� (10) (Continued) (16) (17) FIGURE 2 (Back) -21- AHLERS. COONEY. DM EILER. HAYNIE. SMUH&ALLBEE. P.C. ATTONNE SATL W MSMO ES.I d�� neb. yl -cub The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" Item 2, figure 1 Item 3, figure 1 Item 4, figure 1 Item 5, figure 1 Item 6, figure 1 Item 7, figure 1 Item 8, figure 1 "ESSENTIAL CORPORATE PURPOSE" = Rate: = Maturity: = Bond Date: September 1, 1991 = Cusip / = "Registered" = Certificate No. = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 1992, and semiannually thereafter on the 1st day of December and June in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of the equipping of police and fire departments; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams and the rehabilitation and improvement of existing City -owned parks, in conformity to a Resolution of the Council of said City duly passed and approved. -22- AHLERS. COONEY. DORIYEILER HAYNIE. SNIUR & ALLBEE. P.C. A"OR1gYSRTIAW MSM ES.g J010 RES. 91-206 Unless this certificate is presented by an authorized representative of The Depository Trust Company to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 1999, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for -23- AHLEHS. COONEY. DORWEIML HAYNIE. SErrH h AUME, P.C. ATIOMIETSATI W MSMONES,p RES. 91-206 the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER By: Registrar Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (manual signature) Mayor ATTEST: By:. (manual signature) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for Registration] -24- AHLERS. COO\EY. DOR1\EMER ILMAIE. SMITH &.AUBEE. P.C. ATTOMEYSATt MSNA EB.g a06 KtZo. 9i-4UO ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) _ Address of Transferee(s) Social Security or Tax Identification Number Transferee(s) Transferee is a(n): Individual* Partnership 6 Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. -25- AHLERS. COONEY. DORWEILER, HAYNIE, SMITH & ALLBEE. Rr— ATTOMN AT"W XSMOINES.q IM, RES. 91-206 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ........Custodian.... (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Additional Covenants. Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time -26- AHLERS. COONEY. DORWEILER. HAYNIE. RUH &ALLBEE. P.C. •rrww SATs w �ES.a aoL RES. 91-206 outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 18. Qualified Tax -Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 19. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 20th day of August , 1991. yor ATTEST: -27- AHLERS. COOSEY. DORIYEILER. RA1'UE. S!I ITH & ALLBEE. P.C. AT ORNE SATI W OESMOMES.I ao& CIG -3 2-91 STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this ?nth day of Migimt , 1991. SEAL c10714016EmrOW240 22'2'L� -,;/,/ 7t� City'Clerk, Iowa City, Iowa ARLERS. GOONEY. DORMEILER. HAYNIE. SMITH S ALLBEE. PC ATfORNE "I w MSMOINE9.1 �v6 RESOLUTION NO. 91-207 RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OFTRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING, AND DESIGNATINGTHE CITY MANAGERAS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for fmancial assistance will impose certain obligations upon the applicant, including the provision by it of the Iocal share of projects costs; and WHEREAS, it is required by the U.S. Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in conjunction with this project, and that defrlitive procedures 'shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit operations and capital improvements pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. 2. That the City Manager is authorized to execute and file with said application an assurance or any other document required by the U.S. Department of Transporta- tion effectuating the purposes of TItle VI of the Civil Rights Act of 1964. 3. That the City Manager, or the Johnson County Council of Governments acting as the City Manager's representative, are authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application. 4. That the City Manager is authorized to set forth and execute affirmative minority business policies in conjunction with the projects procurement needs. J07 Resolution No. 91_207 Page 2 5. That the City Manager is authorized to execute grant agreements on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of transit operations and capital improvements. It was moved by xubbv and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 20th ATTEST: }i J CITY CLERK sec9\iowaxes Ambrisco Courtney Horowitz Kubby Larson McDonald Novick day of August , 1991. � lik, _ dlt • OFice V101 �D% Em RESOLUTION NO. 91-208 RESOLUTION AUTHORIZING THE SUBMISSION OF A HOUSING ASSISTANCE FUND PROGRAM APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR THE PURPOSE OF FUNDING A RENTAL REHABILITATION PROGRAM. WHEREAS, the City Council of Iowa City believes it is in the public interest to improve the condition and the availability of affordable rental housing for its residents; and WHEREAS, the City Council recognizes that there exists a local problem with the availability and affordability of efficiency and one bedroom rental units for low and moderate income persons; and WHEREAS, the City Council of Iowa City wishes to encourage landlords to maintain the rental property yet keep it affordable for low and moderate income persons; and WHEREAS, the City Council of Iowa City wishes to utilize funds from the Iowa Finance Authority for the purpose of funding a low-interest Rental Rehabilitation Loan program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City Manager of Iowa City be authorized to submit an application to the Iowa Finance Authority for the purpose of funding a Rental Rehabilitation program. It was moved by Novick and seconded by xubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: X ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 20th day of August 1991. AYOR �J 1, Appro ATTEST: CI LERK Ci Attorney's Office ppddcdbg\IFA.res ao7 I _� 3:�K RESOLUTION NO. 91-209 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) FOR THE PURPOSE OF FUNDING A RENTAL REHABILITATION PROGRAM. WHEREAS, the City Council of Iowa City believes it is in the public interest to improve the condition and the availability of affordable rental housing for its residents; and WHEREAS, the City Council recognizes that there exists a local problem with the availability and affordability of two-bedroom and larger rental units affordable to low and moderate income persons; and WHEREAS, the City Council of Iowa City wishes to encourage landlords to maintain their rental property yet keep it affordable for low and moderate income persons; and WHEREAS, the City Council of Iowa City wishes to utilize funds from the Iowa Department of Economic Development to assist local landlords in making improvements on their rental units within Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City Manager of Iowa City be authorized to submit an application to the Iowa Department of Economic Development (IDED) for the purpose of funding a Rental Rehabilitation program. It was moved by Novick and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 20th day of August l� 1991. JAYOR Appro by ATTEST: 1/ CIT LERK City Attorney's Office /� 9� ppddodbg\IDED.res aa9 6\ RESOLUTION NO. 91-210 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND HILLS BANK & TRUST CO. FOR PROPERTY LOCATED AT 1117 E. COLLEGE ST. WHEREAS, the City of Iowa City is the owner and holder of a certain Depreciating Lien, which at this time is in the amount of $3,272.99, executed by the owner of 1117 E. College Street, dated August 27, 1987, and recorded September 1, 1987, in Book 974, at page 1 in the Johnson County Recorder's Office covering the following -described real estate: Commencing 320 feet east of the northwest corner of Lot 10 of J. & J. W. Clark's Addition to Iowa city, Iowa, according to the recorded plat thereof, thence east 54 feet, thence south 150 feet, thence west 54 feet, thence north 150 feet to the place of beginning. WHEREAS, Hills Bank & Trust Co., Johnson County, Iowa, is about to loan the sum of $66,600 on a promissory note to be executed by the owner of 1117 E. College Street, secured by a mortgage covering the real estate described above, and WHEREAS, Hills Bank & Trust Co. has requested that the City execute the attached subordination agreement, thereby making said rehabilitation lien held by the City subordinate to the lien of said mortgage about to be made by Hills Bank & Trust Co., and WHEREAS, there is sufficient value in the above-described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is authorized to execute and the City Clerk to attest the attached Subordination Agreement between the City of Iowa City and Hills Bank & Trust Co. of Iowa City, Johnson County, Iowa. It was moved by Larson and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz x Kubby v Larson —X McDonald X Novick Passed and approved this 20th day of Au u t 1991i YOR Approv d ATTEST: 4A CIT LERK City Attorney's Office �f/ 9y ppdrehab%1117cou.res a-10 A SUBORDINATION AGREEMENT_ AGREEMENT made this 20th day of Aueuet , 19y1, between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and Hills Bank & Trust Co, of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 3.272.99 executed by The City of Iowa City and Richard J. Wagner dated August 25 19 87, and recorded September 1 , 19-dL, in Book 974 , at page 71 in the JohnsoCounty Recorder's Office covering the following described real estate: Commencing 320 feet east of the northwest corner of Lot 10 of J. & J. W. Clark's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence east 54 feet, thence south 150 feet, thence west 54 feet, thence north 150 feet to the place of beginning. WHEREAS, Hills Bank and Trust Co. is about to loan the sum of 66,600 on a promissory note to be executed by Hills Bank & Truct ro. and Richard J. Wagner , secured by a mortgage covering the real estate described, and WHEREAS, to induce Hills Bank & Trust Co to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Hills Bank & Trust Co. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: o q 1. Subordination. The City.hereby covenants and agrees with Hills Bank & Trust Co. that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Hills Bank & Trust Co. 2. Consideration. In consideration of the City subordinating the rehabilitation loan held by it to be the mortgage of _ Hills Bank & Trust Co. shall make the above-mentioned loan to Richard J. Wagner and 3. Mortgagee. The mortgage to Hills Bank & Trust Co. shall be in the amount of $ 66,600 with interest at S QF percent due and payable in 180 monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. OF IOWA CITY a IgI,9 ATTEST: 2a City erk ary STATE OF IOWA ) ) SS:. JOHNSON COUNTY ) On this 01D*4 day of N1C- esT— I1991, before me, the undersigned, a WoTary Public in and for the Stati of Iowa, personally appeared 701, M���.,aia and r; K. Ra4.- to me persona y nown, w o, a ng y me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Cuncil; and that the said a ,, and C. (e4 as such 3TT1cers ac now ge the execution of Said s rumen o be—EFF—voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. Notary Public in and for said State ara RESOLUTION NO. 91-211 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A RELEASE OF MORTGAGE FOR PROPERTY LOCATED AT 417 GARDEN STREET. WHEREAS, on October 27, 1990, the property owners at 417 Garden Street executed a Promissory Note in the amount of $1,577.00, for value received through a Housing Weatherization Loan; and WHEREAS, the Note, recorded November 8, 1990 at Book 1182, Page 201, Johnson County Recorder, crated a lien against subject property, WHEREAS, the Note was paid in full on August 5, 1991; and - WHEREAS, it is now appropriate for the City to release the mortgage and extinguish the lien created thereby. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the release of the lien against property located at 417 Garden Street is hereby approved and that the Mayor is authorized to execute and the City Clerk to attest the attached Release of Mortgage. It was moved by Courtney and seconded by adopted, and upon roll call there were: Passed ATTEST AYES: NAYS: ABSENT: X X X X X X X Ambrisco Ambrisco Courtney Horowitz Kubby Larson McDonald Novick the Resolution be ppdrehabk417grdn.res a -If RELEASE OF MORTGAGE Date: August 20, 1991 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following -described property: 30 feet off the Southwest side of Lot 3 and 30 feet of the Northeast side of Lot 4 in Block 52 in East Iowa City, Iowa, according to the recorded plat thereof, and described by metes and bounds as follows, to -wit: Beginning at a point on the Southeast Lot line of Lot 4, of Block 52, of East Iowa City, Iowa, which said point is 30 feet Southwest of the Southeast corner of Lot 3 of said Block 52, running thence in a Northeasterly direction following the Southeast lot line of said Lot 4, and the Southeast lot line of said Lot 3, a distance of 60 feet; thence in a Northwesterly direction on a line parallel with the Southwest lot line of said Lot 3, and keeping a distance of 30 feet from said lot line, to the Southeast line of the alley in said Block 52; thence Southwesterly following the Northwest lot line of said Lots 3 and 4, a distance of 60 feet; thence in a Southeasterly direction on a line parallel with the Southwest lot line of said Lot 3, and keeping a distance of 30 feet therefrom, to the Southeast lot line of said Lot 4, to the place of beginning. from an obligation of the property located at 417 Garden St. to the City of Iowa City, Iowa, in the principal amount of $1,577.00 represented by a mortgage recorded in the Office of the Johnson County Recorder on November 8, 1990, in Book 1182, page 201. This obligation has been forgiven in full and the lien/mortgage is hereby released. CITY OF IOWA C7 By: ayor ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Qo +� day of Auc,usv , A.D. 19-91_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa 417grdn.rom a�� pr-- -BK RESOLUTION NO. 91-212 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 314 S. GOVERNOR ST. WHEREAS, the City of Iowa City is the owner and holder of a certain depreciating lien which has a current amount due of $4,200, and this lien was executed by the owners of 314 S. Governor Street on December 19, 1986, and recorded December 29, 1986, in Book 905 at Page 226 in the Johnson County Recorder's Office covering the following described real estate: Beginning at a point 150' north of the southwest corner of Out lot One (1) in Iowa City, according to the recorded plat thereof, running thence east 155', thence north 40', thence west 155', thence south 40' to the place of beginning. WHEREAS, Hills Bank & Trust Co., Johnson County, Iowa, has made a loan at the sum of $69,500 on a promissory note that was executed by the owners of 314 S. Governor Street covering the real estate described above, and WHEREAS, Hills Bank & Trust has requested that the City execute the attached subordination agreement thereby making said rehabilitation lien held by the City subordinate to the lien of said mortgage that was by Hills Bank & Trust, and WHEREAS, there is sufficient value in the above described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Hills Bank & Trust Co. of Iowa City, Johnson County, Iowa. It was moved by Ambrisco and seconded by adopted, and upon roll call there were. Novick AYES: NAYS: ABSENT: x Ambrisco X Courtney X Horowitz X Kubby X Larson �'— McDonald x Novick the Resolution be Passed and approved this 20th day of August 1991 //�� r'AY—OR Appr e b ATTEST: /i(cr.��tiu� 7�6/ CITY -CLERK ity Attorney's Office ppdcdbg%314sgov.res 0rm SUBORDINATION AGREEMENT AGREEMENT made this 2oth day of August , 1991 , between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and Hills Bank & Trust Co. , of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 4,200.00 executed by the City of Iowa City and Carol Thompson & Ernest Nicholas , dated December 19 19 86, and recorded December 29 , 19 86 , in Book 905 , at page 226 in the Johnson County Recorder's Office covering the following described real estate: Beginning as a point 150 feet North of the Southwest corner of OutLot One (1) in Iowa City, according to the recorded plat thereof.running thence East 155 feet, thence North 40 feet, thence West 155 feet, thence South 40 feet to the place of beginning. WHEREAS, Hills Bank & Trust Co. is about to loan the sum of 69,500.00 on a promissory note to be executed by Hills Bank & Trust Co. and Carol Thompson, Ernest Nichola§ecured by a mortgage covering the real estate described, and WHEREAS, to induce Hills Bank & Trust Co. to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Hills Bank & Trust Co. For the reasons set forth above, and in consideration of the mutual covenants and promises of the partibs hereto, the City agrees as follows: 2 1. Subordination. The City hereby covenants and agrees with Hills Bank & Trust Co. that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Hills Bank & Trust Co. 2. Consideration. In consideration of the City subordinating the rehabilitation loan held by it to be the mortgage of _ Hills Bank & Trust Co. shall make the above-mentioned loan to Carol Thompson and Ernest Nicholas 3. Mortgagee. The mortgage to Hills Bank & Trust Co. shall be in the amount of $ 69,500.00 with interest at _ percent due and payable in monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ATTEST: 'J atica� 7 • X Cit C erk CITY OF IOWA CITY a A ayor ala STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this -L-N day of 199L, before me, the undersigned, a Iitary Public in and for the Sae of Iowa, personally appearedTal.. Mc Na I A and N1ar.An :4. &rn , to me persona y :nown, w o,a ningg by me duly sworn, aid say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its Cityouncil; and that the said �_Mo_!3r and P �,, �le,,+C as such o kers ac nye tne execu ion of said-instrument o e e voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. .SC„ I Notary Public in and for said State .2/1 RESOLUTION NO. 91-213 RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED IMPLEMENTATION AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an amended agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1989, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor be authorized to execute and the City Clerk to attest an amended agreement for delivery of planning services. 2. Following execution thereof, the City Clerk shall file the amended agreement with the Secretary of State and the Johnson County Recorder. It was moved by Larson • and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 20th day of ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. IMORE , lx� - MRM a 1 (Revised 8/5/91) IMPLEMENTATION AGREEMENT This agreement is entered into by and between the Johnson County Council of Governments, hereinafter referred to as JCCOG, Johnson County, hereinafter referred to as County, and the City of Iowa City, hereinafter referred to as City. WHEREAS, it is in the mutual interests of the County, City and JCCOG to enter into an agree- ment providing for the delivery of planning services by JCCOG; and WHEREAS, Chapter 28E of the Code of Iowa, 1989, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY, THE COUNTY AND JCCOG as follows: SCOPE OF SERVICES: A. All staff responsibilities, services and duties to be performed by or on behalf of JCCOG shall be performed solely by employees of the City or the County, pursu- ant to the provisions herein. B. The City shall provide to JCCOG the services of an Executive Director and the following program area staff: a Transportation Planner, an Assistant Transporta- tion Planner, a Human Services Coordinator, and a Solid Waste Management Planner. The Executive Director shall also fulfill some of the responsibilities of one of the program areas noted above. All personnel costs, including payroll taxes and benefits for the administrative functions of the Executive Director shall be paid by the City. All personnel, administrative and support costs incurred for the program areas will be paid from the JCCOG accounts, as provided below. C. In addition, the City shall provide the part-time services of a Secretary, a Minute Taker and a Technical Assistant. Personnel costs, including payroll taxes and benefits, for these positions shall be paid by the City. Administrative and support costs incurred for services performed by persons in these positions on behalf of JCCOG shall be charged to JCCOG, as provided below. D. The County shall provide the services of a County Planner in support of com- munity assistance. The level of support shall be determined by the Board of Supervisors. All administrative and support costs incurred by the County Planner shall be charged to JCCOG, as provided below. E. JCCOG shall provide to the County, City and other member agencies planning services consistent with Article III of its Amended Articles of Agreement, as direct- ed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsibilities assumed herein by the County and City shall be in addition to those established for the two members, pursuant to Article VII of the amended articles. a/3 2 It. ACCOUNTING SERVICES: As a repository for funds out of which disbursements shall be made, an accounting system for JCCOG shall be established by the City. Accounts for JCCOG shall be established within the City General Fund and costs assessed to JCCOG shall be charged to the appropriate account. Monthly and quarterly tabulations of expenditures incurred by JCCOG shall be provided by the City. III. INDEMNIFICATION: The parties to this Agreement hereby agree to mutually defend and indemnify each other, and their respective officers, employees, and agents, from any and all liability, loss, cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon the actions, policies, or directives of County and City employ- ees while performing services pursuant to this agreement for JCCOG. IV. DURATION: This Agreement shall become effective upon the acceptance and execution of the parties and shall continue in effect until modified or repealed by the written consent of the parties. Any party may terminate this agreement by giving written notice of intent to terminate no later than March 15th of any year, to take effect on July 1 of the following calendar year (15 months advance notice). cql 3 It] Dated this 15th day of August . 1991. JOHNSON COUNTY BY: (') ' L4:L CKairpersQh, Board of Supervisors ATTEST: County Auditor Dated this ���ay of 1991. IV Approved by: City A orney's Office CITY OF IOWA CITY ATTEST:.]q"-.4—) � City Clerk Dated this / 'k day of 1991. JOHNSON COUNTY COUNCIL OF GOVERNMENTS RURAL POLICY BOARD L Chairperson fnhnW Co:, low, BOARD O DIRECTORS AUG 1619991 COUNWAUDftO? Chairperson U ATTEST: I! utive Director jccogadmGmpagmt.rev PHc"� �K RESOLUTION NO. 91-214 RESOLUTION AMENDING THE ADMINISTRATIVE PAY PLAN TO ADD A NEW POSITION. WHEREAS, the Iowa City City Council, the Johnson County Board of Supervisors, and the Boards of the Johnson County Council of Governments (JCCOG) have amended the JCCOG 28E Implementation Agreement to provide for the appointment of the Executive Director of JCCOG; and WHEREAS, Resolution No. 91-78, adopted by the City Council on April 16, 1991, established a classification/compensation plan for Administrative employees; and WHEREAS, the administrative services of the Executive Director of the Johnson County Council of Governments is provided by the City of Iowa City pursuant to a 28E Agreement adopted by Resolution No. of the City Council dated August 20, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the administrative pay plan be amended by: The addition of the position of Asst. Director of the Department of Planning and Program Development/Executive Director of JCCOG, grade 61. It was moved by Amhri crn and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 2ntn day of August 1991. YOR Approve�by� WIN, V7 W Ale CITY'CLERK City Attorney's Office ppddir\jccog.res JIY FSes tsP\ RESOLUTION NO. 91-21 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY AND THE ADMINISTRATIVE PAY PLAN. WHEREAS, Resolution No. 91-43 adopted by the City Council on March 5, 1991, authorized permanent positions in the Library for FY92; and WHEREAS, Resolution No. 91-78, adopted by the City Council on April 16, 1991, established a classification/compensation plan for Administrative employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Library be amended by: 1. The deletion of one full-time Library Coordinator - AV Services position. 2. The deletion of one full-time Senior Library Clerk position. 3. The addition of one full-time Librarian II position. 4. The addition of one full-time Library Assistant I position. BE IT FURTHER RESOLVED that the Administrative Pay Plan be amended by the deletion of Library Coordinator - AV Services, pay grade 51. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco % Courtney % Horowitz % Kubby % Larson % McDonald �- Novick Passed and approved this 20th day of Aueust 1991. AYOR Appr e ATTEST:��� 1(%� CITY -CLERK it orney s Office humenrehlibadmin. res a 1 t�'D K's sK RESOLUTION NO. 91-216 RESOLUTION AUTHORIZING EXECUTION OF A LEASE FOR BUSINESS PROPERTY FOR THE RENTAL OF SUITE 300 IN THE SAVINGS AND LOAN BUILDING FOR USE BY THE PUBLIC WORKS DEPARTMENT OFFICES. WHEREAS, the City leased certain property, namely Suite 300 in the Savings and Loan Building from Center City Properties, for use as offices for the Public Works Department, which lease including renewal options will expire December 31, 1991; and WHEREAS, City staff and Center City Properties have negotiated a new lease for a one-year term. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Lease for Business Property for Suite 300 of the Savings and Loan Building is hereby approved as to form and content. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest said Lease for and on behalf of the City of Iowa City. It was moved by Larson adopted, and upon roll call there were: AYES: NAYS: X X X X X X X and seconded by Horowitz ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick the Resolution be Passed and approved this loth ' day of August 1991. JAYOR Approv d as to ATTEST: 7 CITY'CLERK City Attorney's Office finpurchlpwoffsp.res alp Res RESOLUTION NO. 91-217 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AN AGREEMENT BETWEEN BRICE, PETRIDES-DONOHUE OF WATERLOO, IOWA, AND THE CITY OF IOWA CITY, IOWA, TO PROVIDE CONSULTING SERVICES TO ASSIST THE CITY IN ACQUIRING NPDES PERMITS FOR STORM WATER DISCHARGES FROM MUNICIPALLY OWNED INDUSTRIAL SITES WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Brice, Petrides -Donohue, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with Brice, Petrides -Donohue for consulting services to assist the City in acquiring NPDES permits for storm water discharges from municipally owned industrial sites. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Brice, Petrides -Donohue. 2: That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 20th day of August 1991. ATTEST: 2k4.y�- • ?6l ,j CITY CLERK r r i ,_/_�i�� s�TT� OffiFe vlylql jt'? PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Iowa City Storm Water Permitting Project ("Project) This Agreement Is made by and between the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa 52240-1826 (`Owner,), and Brice, Petrides -Donohue Co. ("Consultant, 'BPD' or 'Donohue'), 501 Sycamore, Suite 222, Waterloo, Iowa 50703. In consideration of their mutual promises herein, Owner hereby engages BPD to perform the services set forth in Part I, and BPD agrees to perform such services for the compensation set forth in Part III. Owner and BPD agree that this signature page, together with Parts I -VII attached hereto and incorporated by reference herein constitute the entire Agreement relating to the above- named above °Project. APPROVED FOR OWNER Date August 20. 1991 Title Vice President Date august 27. 1991 a(% PART I PROJECT DESCRIPTION/SCOPE OF SERVICES ;r_ 'y r• J r� The Project is described as follows: The Owner desires to evaluate existing city facilities for National Pollutant Discharge Elimination System (NPDES) stormwater permit requirements. Certain facilities will qualify as industrial activity sites and require NPDES permit compliance. The project will provide the necessary background information and data with recommendations for best management practices for the facilities and will submit necessary permit documentation as the NPDES program requires. B. SCOPE Services to be provided for the Project under this Agreement are as follows: 1. Investigation of Facilities. This task item is an assessment of the Owner's facilities that are viewed to require a permit. A field review of the facilities would be accomplished to review the type of industrial activity associated with a particular facility and the type of pervious/impervious surface existing at each facility. The investigation would review drainage areas around the facility. The investigation would also review material storage /practices, disposal practices and any drainage structural controls of the facility. As a part of this investigation, management practices will be analyzed to determine if there are such practices or measures that would potentially remove discharge points from permit requirements. Facilities to be investigated include the municipal water plant, municipal landfill, previous municipal landfill, the airport, city transit facility and public works maintenance facility. 2. Identification of Discharges Requiring Permitting. This task item investigates the discharge systems carrying runoff from the -facilities. Discharge systems will be verified for type of conveyance, receiving waters and collection points. The systems need to be verified for any illicit connections of non-stormwater discharge; and certification of stormwater discharge is required for each system under permit requirements. 3. Selection of Permit Tvoe. This task item is required to determine the timetable for the remainder of the project. This selection is necessary because the imposed deadlines for the individual industrial activity permit versus the "expected" general permit issuance dates must be evaluated and a type selected. If the general permit does not appear to become reality ahead of the individual industrial activity deadline, then the applicant is faced with meeting the compliance date of the individual industrial activity permit including all sampling and testing requirements. With data from Task Items 1 and 2, the Iowa Department of Natural Resources will be consulted regarding current timetables for individual and general permit compliance deadlines. Recommendations for permit type will be made based on the remaining time allowed for compliance. 4. Development of Sampling Programs and Methodology. Sampling programs and methodology will be developed considering simplification of sampling procedures and long-term sampling considerations. Final sampling locations and techniques can only be defined upon completion of Task Items 1 through 3. The sampling program and methodology will incorporate use of city personnel. Area testing laboratories will be requested to provide quotations for laboratory testing, and recommendations for laboratory selection will be made to the Owner. A sampling procedural guideline will be prepared to outline sampling methodology for each discharge point requiring sampling. This task item does not include actual sampling time or laboratory testing fees. 5. Development of Facilities Documentation and Management Practices. This task item develops a stormwater management pollution prevention plan including detailed programs of inspection, management, structural/nonstructural measures for pollutant control and prevention procedures. The facilities documentation and management practices provides the reviewing agency with the details sof the facilities and the day-to-day organization of the facility. This work item develops and recommends management practices and possible facilities revamping to minimize stormwater pollutant discharge. The management and prevention plans are integrated with the permit application for submittal under Task Item 6. 6. Completion of Permit and Submittal. Permit completion will be in the individual permit format of Forms 1 and 2F with accompanying documentation and laboratory test results if the individual permit is selected under Task Item 3. If the general permit format is selected, a stormwater prevention manual is submitted. Both formats require similar documentation materials. Submittal deadlines for the type of permit will vary and testing procedures and results may, under the general permit format, lag submittal of the stormwater prevention manual. PART II OWNER'S RESPONSIBILITIES Owner shall do the following in a timely manner so as not to delay the services of BPD. a(? A. INFORMATION AND AVAILABLE MAPPING The Owner will make available information for the investigated facilities regarding construction dates, available construction drawings, history of facility, type of useage during lifespan of facility, known accidental pollutant spills or discharges and other information pertinent to the facility and stormwater runoff. The Owner will provide available aerial photographic mapping or topographical mapping for the site areas and adjacent areas. B. ACCESS TO FACILITIES Owner shall provide access to facilities during site visits. C. SAMPLING TRAINING Owner shall provide personnel for sampling training of discharge points. D. OWNER'S REPRESENTATIVE Owner's representative for the project shall be Mr. Richard A. Fosse, P.E., City Engineer, or his authorized representative who shall have the authority to transmit instructions, receive information, interpret and define Owner's policies and make decisions with respect to BPD's services under this Agreement. PART III COMPENSATION, BILLING AND PAYMENT A. COMPENSATION The Owner shall compensate BPD for work under this Agreement on an hourly basis in accordance with BPD's hourly rates and other direct expenses in effect at the time the services are performed. The compensation for the above -defined scope shall not exceed Twenty - Five Thousand Dollars ($25,000.00). B. BILLING AND PAYMENT 1. Timing BPD may bill the Owner monthly for services completed at the time of billing, with net payment due in 20 days. 2. Late Payments Past due balances shall be subject to a service charge at the rate of 1% per month per request by BPD. a,"7 3. Delay/Adjustment The rates set forth above shall remain firm until the end of the calendar year. Rates will be adjusted annually and BPD will notify Owner via invoice. If services continue beyond estimates esta- blished in Part IV, other compensation elements may be adjusted to reflect conditions existing at the time of provision of such extended services. PART IV AUTHORIZATION TO PROCEED/SCHEDULE BPD shall be authorized to commence the services set forth in Part I upon receipt of two (2) copies of this executed agreement. BPD shall complete Task Items 1 through 4 within 60 days from receipt of the executed agreements from the Owner. Task Item 5 will be completed within 90 days from receipt of the executed agreements. Task Item 6 timeframe for completion is dependent on pending changes in the permit submittal dates. If the individual permit system is recommended, Task Item 6 will be completed by November 15, 1991. If the general permit system is recommended, Task Item 6 will be completed by April 1, 1992. Trans/Contract/CE7 Part V Standard Terms and Conditions 1. STANDARD OF CARE Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the profession at" time and within the locality where the services are performed. Professional services are not subject to, and Donohue does not provide, any warranty or guarantee, express or implied, including warranties or guaranties contained in any uniform commercial code. Any such warranties or guaranties contained in any purchase orders, requisitions or notices to proceed issued by Owner are specifically objected to. 2. CHANGE OF SCOPE The Scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, Information supplied by Owner. For some projects involving conceptual or process development services, scope may not be fully definable during initial phases. As the project progresses, facts discovered, including discovery of unanticipated hazardous materials, may indicate that scope should be re-evaluated. Donohue will promptly inform Owner in writing of such situations, and if the facts discovered constitute a material change in Project assumptions, the parties shall renegotiate this Agreement as necessary. 3. OPINIONS OF CONSTRUCTION COST Any opinion of construction costs prepared by Donohue is supplied for the general guidance of the Owner only. Since Donohue has no control over Contractor's costs of labor or materials, or competitive bidding or market conditions, Donohue cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Owner. 4. RELATIONSHIP WITH CONTRACTORS Donohue shall serve as Owner's professional representative for the services defined in this Agreement, and may make recommendations to Ownerconceming actions relating to Owner's contractors, but Donohue specifically disclaims any authorityto direct or supervise the means, methods, techniques, sequences or procedures of construction selected by Owner's contractors. 5. SAFETY Donohue has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically set forth in this Agreement, Donohue specifically disclaims any authority or responsibility for general job site safety and safety of persons other than Donohue employees. 6. CONSTRUCTION REVIEW For projects involving construction, Owner acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required, and that performance of construction elated services by the design professional permits errors or emissions to be identified and corrected at comparatively low cost Owneragrees to hold Donohue harmless from any claims resulting from performance of construction -related services by persons other than Donohue. 7. DELAYS If events beyond the control of Donohue, including, but not limited to, fires, floods, riots, strikes, unavailability of labor or materials, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency, result in delays to the schedule established in this Agreement; such schedule and, 9necessary. the compensation established in this Agreement shall be amended to the extent necessary to compensate for such delay. S. TERMINATION/SUSPENSION Either party may terminate this Agreement upon 7 days written notice to the other party. Owner shall pay Donohue for all services, including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Owner's obligation to make the payments required hereunder), the non -defaulting party may, after 7days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced, and failure of the defaulting party to commence cure within such time limit, suspend performance under this Agreement. November 1, 1990 Im �7/% 9. INSURANCE Donohue currently maintains the following insurance coveregesAimits: Comprehensive General Liability Automobile Liability Worker's Compensation/Employers Liability Excess Liability Professional Liability 1,000,000 occurrence/2.0)0,0D0 aggregate 1,000.000 occurtance/aggregate Statutory 10,000,000 occtrnence/aggregate 5,000,000 occturence/aggregate Certificates evidencing such coverage will be provided to the cientupon requeet While Donoh ue intends to maintain coverage at no less than the above-described limits. Donohue does not guarantee that coverageAimits will not change. If the Owner requires limits in addition to those in effect as of the data of this Agreement, premiums for additional insurance shall be paid by the Owner. 10. LIMITATION OF LIABILITY No employee or agentof Donohue shall have any individual professional liabilityto Owner. Owner hereby agrees that, to the fullest extentpermitted bylaw, the total liability of Donohue to Owner and to third parties for any and all injuries, claims, losses, expenses ordamages whatsoever from any cause or causes (including, but not limited to, Donohue's negligent acts, errors, or omissions, strict liability, and breach of contract) arising outof or in any way relating to the services rendered under this Agreement shall not exceed the total amountof coverage available underthe applicable insurance coverage maintained by Donohue at the time of such claim, including within such limit only the balance available under the aggregate limit and that such insurance coverage shall be Owner's sole and exclusive remedy for the claims referred to above. 11. LIABILITY FOR TOXIC/HAZARDOUS MATERIALS Owner agrees that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escape of toxic, hazardous or asbestos material and the responsibility for ownership and maintenance of such materials relating to the project, remain with Owner. Owner acknowledges that Donchue's Professional Liability insurance policy severely Omits coverage for claims relating to such materials. Therefore, Owneragrees (a) not to bring a claim against Donohue, and (b) to the extent permitted by applicable law, indemnify and hold Donohue harmless forclaims against Donohue by third parties, relating to the liability referred to above. 12. ACCESS Owner shall provide Donohue safe access to any premises necessary for Donohue to provide the services required under this Agreement 13. REUSE OF DOCUMENTS Reuse of any documents pertaining to this project by the Owner on extensions of this project or on any other project shall be at the Owner's risk The Owner agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and expenses, including attorney's fees, arising out of such reuse of the documents by the Owner or by others acting through the Avner. 14. AMENDMENT This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. ASSIGNMENT Exceptforassignments (a) to entities which control, orarecontrolled by, the parties hereto or(b) resulting from operation offaw, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other parry. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 16. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respectto the matters covered herein and supersedes all prior discussions, understand'ngs or agreements between the parties with respect to such matters. 17. NO WAIVER No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether Ike ordifferent in character. 18. NO THIRD—PARTY BENEFICIARY Nothing contained in this Agreement nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Owner's contractors, l any. 19. SEVERABILITY The various terms, Invalidity provisions and covenants herein contained shall be deemed to be separate and severable, and the Invaty or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 20. AUTHORITY The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. 21. NOTICES Any notice required hereunder shall be sent to the business address designated on the signature page of this Agreement and shall be deemed served if sent by registered or certified mal or hand-0efivered to an officer or authorized representative of the party to whom the notice is directed. PART VI GENERAL TERMS A. The Consultant shall not commit any of the following employment practices, and agrees to prohibit the following practices in any subcontracts: 1. To discharge or refuse to hire any Individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate the Agreement, the Consultant shall be paid on the basis of work and services performed up to the time of termination. However, such sums shall not be greater than the 'not to exceed' amount listed In Part III. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be made without the written consent of all parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Storm Water Permitting Project shall be as an independent contractor and not as an employee; shall be exclusive with the Consultant executing this Agreement; and the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to Information needed by Consultant for the Project shall be made available by said City upon reasonable request to the Consultant The City agrees to furnish all reasonable assistance in the use of these records and files. F. it is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. Michael Ryan, employee of the Consultant shall attend such meetings of the City relative to the work set forth in this Agreement, at the request of the City. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for City's use of such documents on other projects. 011 I. The Consultant agrees to furnish all reports, specifications and drawings with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to, withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K Should any section of this Agreement be found Invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the Invalid portion. L Original contact drawings shall become the property of the City. • If applicable, the Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. It is further agreed that there are no other considerations or monies contingent upon of resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited.. bpdscope.agm a<n Part VII FEE SCHEDULE EFFECTIVE JANUARY, 1991 Classification EAS — Engineer/Architect/Scientist Senior EAS $55.00 - $85.00 Project EAS $40.00 - $65.00 EAS $30.00 - $60.00 Assistant EAS $20.00 - $50.00 Senior Technician $35.00 - $55.00 Project Technician $30.00 - $50.00 Technician $20.00 - $40.00 Technician Assistant $10.00 - $30.00 Administrative (Clerical) $15.00 - $35.00 Direct Expenses: Consultants At Cost Computer/CADD VAX Connect $18.00/Hr. Stand Alone 32C $18.00/Hr. Non -Graphics PC $12.00/Hr. Graphics PC $15.00/Hr. Word Processing $18.00/Hr. Plot Charges $ 6.00 Each -Desk-Top Publishing $20.00/Hr. Copies $.065/Copy Camera/Printing Materials and Labor Blueprinting $0.30/Sheet Sepia Mylar $5.00/Sheet Sepia Vellum $3.00/Sheet Troxler Density Meter $8.00/Hour Geodimeter $12.50/Hour Mileage IRS Rate (Present $0.275) Meals, lodging, car rentals, air travel and some other expenses are invoiced at cost. Specialized equipment and laboratory rates are available for applicable projects. Method of compensation can be adjusted to client needs. Previous methods used include: lump sum, percentage of construction, hourly rates and direct expenses, classification rates, and cost plus fixed fee. Trans/Misc/AT1 a/? RESOLUTION NO. 91-218 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IOWA HIGHWAY 1 WEST PAVING IMPROVEMENT PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, a -copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for paving improvements of Iowa Highway 1 West. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES! NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 20th day of August 1991. ATTEST: dLi , _F � CITY CLERK A a(7 STAFF ACTION N0. PRECONSTRUCTION AGREEMENT County Johnson City. Iowa City Project No. FN -1-5(51)--21-52 Iowa DOT Agreement No. 92-4-012 IT IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT), Highway Division and the City of Iowa City in Johnson County, Iowa, (herein CITY) as follows: 1. The CITY proposes to design, let, construct and inspect a project for reconstruction of Iowa 1 within the CITY from Orchard Street extending westerly and southwesterly approximately 2100 feet. The project will provide for construction of a new westbound traffic lane along the north side of the existing roadway. The existing inside westbound lane will be modified into a protected left -turn lane at each intersection while retaining a 4 -foot wide median. Traffic signals will be installed at the intersections of Iowa 1 with Orchard Street and Miller Street. The proposed traffic signals will be interconnected with other Iowa 1 signals proposed west of this project as well as those on the U.S. 6 by-pass. 2. The CITY will develop and construct the project in accordance with the following guidelines: A. The CITY will administer the project and will be designated as the Contract Authority. B. The DOT will reimburse the CITY 55% of the actual project cost or $329,424 (.55 x 598,800) from the Primary Road Fund for construction of eligible items on the above referenced improvement (see Section 1 above). Total DOT reimbursement will be based on 55% of the contract bid prices and actual quantities placed (see estimate on Exhibit A attached). C. DOT specifications shall be used in the construction of this project. D. The CITY must secure DOT approval of project plans prior to advertising for bids. a(T 91 AUG 27 AM 8: 16 RECEll ,' The CITY must secure DOT approval in the award of the construction contract. F. The CITY shall include proposed staging information in the project plans to be approved by the DOT at the time of plan review. G. The CITY shall use positive efforts to solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this application. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference is made a part of this Agreement. H. Construction of the project by the CITY shall be conducted in such a way that disruption of primary road traffic will be held to a minimum. 3. Any costs incurred by the CITY in performing its obligations hereunder shall be borne exclusively by the CITY without reimbursement by the DOT. 4. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. Iowa 1 through traffic shall be maintained during the construction period. Maintenance of Iowa 1 within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Ch. 150. Subject to the provisions hereof, the CITY in accordance with Chapter 319, Code of Iowa, and 761 Iowa Administrative Code Ch. 150 shall remove or cause to be removed all encroachments or obstructions (either above or below ground) within the limits of the existing primary highway right of way. The CITY shall also prevent the erection and/or placement of any structure or obstruction on said right of way, including but not limited to private signs, buildings, underground tanks, pumps, and parking areas. 41q, 51 AUG 27 Art 8: 16 � �... ,E �� : 8. Parking shall be controlled by the CITY with an appropriate ordinance which shall go into effect or continue in effect at such time as the project is completed and opened to through traffic in accord with the following. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of 35 ft. beyond the stop signs and/or crosswalks. Parking shall be prohibited within the project limits. Subject to the approval of and without expense to the DOT, the CITY shall perform (or cause to be performed), all relocations, alterations, adjustments, or removals of utility facilities, including but not limited to power, telephone and telegraph lines, cable television lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project all in accordance with the Utility Accommodation Policy of the DOT. 10. The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 601A. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITY receives State funds from the DOT. 11. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 12. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original. 13. This Agreement as set forth in paragraphs 1 through 13 herein (inclusive) represents the entire Agreement between the CITY and DOT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. art 9 t AUG 21 AN 8: i 5 R 0E'li !N 9 County Johnson Project No. FN -1-5(51)--21-52 IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction Agreement No. 92-4-012 as of the date shown opposite its signature below. City of Iowa Cit Title Mayor I, MrrlGn E Tlrr certify that I am the Clerk of the CITY, and that �c,1,, Id1c �onGld Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same on the oio '`1 day of A(.(GQS-,- 19-21— IOWA D=F T�PORT ION BY orge F. isson, P. E. Deputy Director -Development Highway Division ATTEST: Signed City Clerk o Iowa City Iowa Rucusr 19q 9,7 , 19 9/ Date a�� C2 A 1 %,., Z Wy LZ SnV 16 : EXHIBIT A Agreement 92-11-O/Z 1HNYIWEST\QUANTITY HIGHWAY I WEST PAVING IMPROVEMENTS July 1, 1991 ITEM DESCRIPTION UNIT DUANTITY COST ESTIMATE 1 PAVEMENT, STANDARD OR SLIP -FORM SD YD 6820 35,00 4238,700 P.C. CONCRETE, CLASS C, 9 INCH 2 PAVEMENT, STANDARD OR SLIP -FORM SO YD 350 35.00 812,250 P.C. CONCRETE, CLASS M, 8 INCH 3 PAVEMENT DETOUR SD YD 900 25.00 22,500 4 MEDIAN, 6 INCH, P.C. CONCRETE, SG YD 600 26.00 15,600 CLASS M 5 EXCAVATION, CL If), ROADWAi AND CU YD 4000 6.50 26,000 BORROW 6 BACKFILL, SPECIAL, 6" TONS 500 12.00 6,000 7 SUBBASE, GRANULAR, 6" TONS 1150 11.00 12,650 8 SUBDRAIN, LONGITUDINAL, 4" DIA LIN F1 2200 5,00 11,000 9 SUBDRAIN OUTLET, CORRUGATED EACH 8 100.00 B00 METAL PIPE, 6" DIA 10 REMOVAL OF CONCRETE SD YD 5000 9.00 45.000 11 SAW CUT LIN FT 3630 2.00 7,260 12 REMOVAL OF INTAKE EACH 4 250.00 1,000 13 REMOVAL OF PIPE LIN FT 130 10.00 1,300 14 STORM SEWER, 12' DIA RCP CL III LIN FT 30 30.00 900 15 STORM SEWER, 15" DIA RGP CL III LIN FT 15 34.00 510 16 STORM SEWER, 24" DIA RCP CL III LIN FT 159 40.00 6,360 17 STORM SEWER, 36" DIA RCP CL III LIN FT 486 75.00 36,450 18 STORM SEWER, 36" DIA RCP CL IV LIN FT 45 85,00 3,825 19 TEE -SECTION, CONCRETE STORM EACH 1 600.00 600 SEWER, 15" ON 36', 20OOD 20 APRON, CONCRETE, 24 IN, DIA EACH 1 350.00 350 WITH TRASH RACK 21 TRENCH STABILIZATION TONS 50 12.00 600 22 INTAKE, RA -3 EACH 8 1900.00 15,200 23 INTAKE, RA -16C, TYPE A EACH 2 1000.00 2.000 24 MANHOLE, STORM SEWER, 5' DIA EACH 4 240.00 9,600 25 SHOULDERS, GRANULAR, TYPE A TONS 240 11.00 2,640 26 SILT FENCE LIN FT 60 3.00 180 27 SEEDING, FERTILIZING & MU'- -CHINS ACRES 150 1500.00 750 28 SOD SDUARES 370 40.00 14,800 29 PAVEMENT MARKING STA 172 24.00 4,128 30 TRAFFIC CONTROL LUMP SUM 1 10ii(10.00 10,000 SIGNALIZATInt4 EACH 2 35000,00 70,000 INTERCONNECT LUMP SUM 1 20000,00 20,000 TOTAL E,f'iliinwi raft) 8598,973 "$ DOT 03119,4 $ alq, T. C: 91 AUG 27 A'1 16 R E BIT B Page /o f3 CONTRACT PROVISIONS for SPECIFIC AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL AID PROJECTS ( For Third -Party State Assisted Projects) THESE PROVISIONS ARE PER ADMINISTRATIVE RULE 541, CHAPTER 4. IOWA ADMINISTRATIVE CODE. GENERAL Affirmative action reouirements to encourage and increase participation of disaovanzaaed indivic.rals in business enterprises in all state funded oroiects mace availaole through the Iowa Department of Transportation, are required by the Code of iowa. Section 198.7, as defined in this specification Anich is imposed Pursuant to the Deoartment of 7anagement Rules, 541 Chapter 4. On oroiects invclvino State Punas, with or without local contribution, these reauirement5 supersede all existing minority and/or women business enterprise regulations, orders. circulars, anc administrative requirements. (Requirements concerning projects let by the Iowa DOT involving Federal -aid are set forth in the supplemental specification for Specific Affirmative Action Responsibilities on Federal Aid Projects.) Ii. DISADVANTAGED BUSINESS ENTERPRISE POLICY. The Contractor will accept as his/her operating policy the following statement whicn is oesioned to promote full participation of disadvantaged ousiness enterprises, including targeted small businesses, as suppliers and subcontractors through a continuous, positive, result -oriented program. It is the policy of this firm that small business concerns, as defined by the Department of inspections and Appeals Rules, 261 Iowa Administrative Coce Ch.54, which are controlled and owned by minorities, women, and socially anc economically disadvantaged individuals, shall have the maximum practicable oDDortunity to Darticipate in the performance of contracts fundec in wrrole or in Dart with State funds which are administered by this firm (e.g. suppliers ano sudcontractors). The purpose of the policy is to encourage and increase Disaovantaged Business Enterprise participation in contracting opportunities made available by this firm in the performance of contracts made availaole Dy State Assisted programs. Iii. DEFINITIONS. A. Disadvantaged Business Enterprise (DBE). A small business that is both owned and controlled by minorities, women, or socially and economically aisaovantaaed individuals. (This definition refers only to businesses locatec in the State of Iowa). The term DB_ shall include Targeted Small Businesses (TSB). B. Disadvantaged Individuals, for the purpose of this policy, include but are not limited to the following racial groups. 1. Black. A person having origins in any of the black racial groups. 2. Hispanic. A person of Spanish or Portuguese culture with origins in Mexico. South or Central America, the Caribbean Islands. or the Iberian peninsula regardless of race. 3. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Pacific Islands. e, Asian Indian. A person having origins in any of the original peoples of India. PaKistan. and Bangladesh. 5. American Indian and Alaskan Native. A person having origins in any of the oriainal Peoole of North America. 6. Women. For the purpose of this specification, adult, female persons of any ethnic or racial background, who have controlling interest in construction and/or manufacturing firms. C. Targeted Smsil Businesses (TSB), A small business, as defined by Iowa Code 15.102(4), which is 51% or more owned, operated and actively managed by one or more women or minority persons. Oualification with requirements of Paragraphs A, B and C will be determined by the DOT, using as a basis 49 CFR, Part 23, subpart D and amendments 106(c), or Iowa Department of Economic Development rules. The DOT will certify those DBEs that meet these qualifications and have agreed to furnish quotations. A current Directory of Certified Disadvantaged Business Enterprises will be made available to bidders and contractors. A Directory of Targeted Small Businesses (TSB) is also available from the Iowa Department of Economic Development. The contracting authority will also determine if a commercially useful function exists. (See V.D.1 IV. CONTRACTOR'S AFFIRMATIVE ACTION RESPONSIBILITIES. The contractor shall designate a responsible person or company official to serve as the Disadvantaged Business Enterprise Liaison officer. The Disadvantaaed Business Enterprise Liaison Officer shall: A. Have necessary statistics, funding, authority, and responsibility to carry out and enforce the intent of the firm's disadvantaged business enterprise policy and shall be responsible for developing, managing, and implementing the program on a day-to-day basis. B. Use the DOT's current Directory to identify potential material suppliers and contractors, or the TSB Directory. C. Make every effort to involve DBEs in the performance of contracts, as suppliers and subcontractors, by soliciting quotations from thein and incorporating them into the firm's bid. D. Advise the Contracting Authority of any known disadvantaged business enterprise not Included in the DOT's current Directory before enterina into any contract agreement to satisfy requirements imposed by the Contractina Authority by this specification. A DBE/TSB that is not listed but has been certified by another State agency may be used. E. Make every reasonable effort to establish systematic written and verbal contact with those DBEs that have been determined to have the necessary potential and capabilities to furnish needed materials and perform necessary work to be subcontracted, at least two weeks in advance of the time prices and auotations are to be submitted. F. Provide or arrange for assistance to certified DBEs in seeking necessary oonding, analyzing plans and specifications, planning and management of work and other actions that can be viewed as technical assistance. G. Maintain complete records of neaotiation efforts with DBEs to reach aa_reeable prices, quotations, and work schedules. h. Ensure that reaularly scheduled progress payments are made to DBEs as ao_reed in subcontract agreements. I. Report to the Contracting Authority all suspected instances of firms fraudulently claiming to be DBEs. J. Require all approved subcontractors and material suppliers to comply with all contract equal employment opportunity and affirmative action provisions. K. If a goal is set for the project, the contractor shall submit, in writina, prior to the award of the contract,-,tae,pames of Iowa certified DBEs to be utilized as subcontractors and/or supa)a.ers, or document positive efforts. EXHIBIT B Pae zay V. COUNTING DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION ON THE PROJECT. The bidder may count toward his/her DBE participation, planned expenditures for materials and supplies to be obtained from DBE suppliers and manufacturers, or for work to be subcontracted to a DBE or any other commercially useful function, provided they are to assume actual and contractual responsibility for provision of materials and supplies, subcontracted work, or other commercially useful function. A. The Contractor may count his/her entire expenditure to a DBE manufacturer that produces and supplies goods manufactured from raw materials. B. The contractor may count 60% of his/her expenditures to DBE suppliers that are not manufacturers, provided the supplier performs a commercially useful function in the supply process. C. The contractor may count toward his/her participation only expenditures to DBEs that perform a commercially useful function in the work of a contract, including those functions as a subcontractor. D. Work performed by a DBE firm in a particular transaction can be counted toward participation only if the contracting authority determines that it involves a commercially useful function. That is, in light of industry practices and other relevant considerations, does the DBE firm have a necessary and useful role in the transaction, of a kind for which there is a market outside the context of the DBE program. Cost of equipment leasing or the purchase of materials from the project prime contractor will not count toward the project participation. Vi. REQUIRED INFORMATION, DOCUMENTS, AND CONTRACT AWARD PROCEDURES FOR PROJECTS ASSIGNED GOALS. A. Bidders shall be required to complete a form, included in the bidding documents, listing the names of DBEs contacted regarding subcontractable items, the date of the contact, whether or not a bid or quotation was received, the date it was received, whether or not the quotation was used in the oid, and the dollar amount proposed to be subcontracted. B. The Contractor should use those DBEs whose quotes are listed in the "Quotation Used in Bid" column along with a "Yes" indication, on the Pre-bid Contact Information form. C. If there is no DBE participation, then the contractor shall comply with the documentation as outlined in Section VI D of this specification prior to the contract award. D. This documentation should include all efforts made by the Contractor to include DBE participation in the work of this project, if it is requested by the contracting authority. The documentation may include, but are not limited to, the following: 1. Whether the Contractor attended any pre -solicitation or pre-bid meetings that were scheduled by the contracting authority and informed DBEs of contracting and subcontracting opportunities; 2. Whetner the Contractor advertised in general circulation, trade association, and minority -focus media concerning the subcontracting opportunities; 3. Whether the Contractor provided written notice to a reasonable number of specific DBEs that their interest in the contract was being soliciteo, in sufficient time to allow the DBEs to participateeffectively; 4. Whether the Contractor followed up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested; a►g 5. Whether the Contractor selected portions of the work to be performed by DBEs in order to increase DBE participation; 6. Whether the Contractor provided Interested DBEs with adequate information about the plans, specifications, and requirements of the contract; 7. Whether the Contractor neootiated in 000d faith with interested OBEs, not rejecting DBEs as unqualified without sound reasons based on a thorouq_h investigation of their capabilities; B. Whether the Contractor made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by the Contractor; and 9. Whether the Contractor effectively used the services of available minority community organizations; minority contractors' groups; local, state, and Federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBEs. Bidders who fail to demonstrate sufficient reasonable positive efforts may be declared to be ineligible to be awarded the contract. 91 LZ 511 IG T X X W O V '1 Foim]9000] 1-90 Contractor Project 0 County City MINORITY AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION (To Be Completed by All Bidders per the Current Contract Provision) Page H You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your Minority and/or Women Business Enterprises contacts made prior to your bid submission, This information is subject to verification and confirmation. In the event it is determined that the Minority and/or Women Business Enterprises goals are not met, then before awarding the contract the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: The Contracting Authority will not regard your acceptance or use of a low quote or bid from a non -Minority and/or non -Women Business Enterprise on any subcontract item as evidence itself of any lack of positive effort to meet the Minority and/or Women Business Enterprise goals on this project. However, every effort shall be made to solicit quotes or bids on as many subconlractable items as necessary to achieve the established goals. If a MBE/WBE's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. For any change refer to current applicable contract provision for procedures to follow. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MINORITY AND/OR WOMEN BUSINESS ENTERPRISE CONTACTS � Subcontractor MBE WBE Dates Contacted Quotes Received Quotation Used in Bid Yes/ No Dates Yes/ No Dollar Proposed to be subcontracted Total dollar amount proposed to be subcontracted to MBE on this project $ List Items by name to be subcontracted: Total dollar amount proposed to be subcontracted to WBE on this project $ List Items by name to be subcontracted: 11 m,, cnarn nnn Aerl nllnrh hnrlo (7- V 91 AUG 2 . V 8: 16 RE-CEl vL ..!'j RESOLUTION NO. 91-219 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA HIGHWAY 1 WEST IMPROVEMENT PROJECT WHEREAS, Streb Construction Company, Inc. of Iowa City, Iowa, has submitted the best bid of $419,495.75 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the contract for the construction of the above-named project is hereby awarded to Streb Construction Company, Inc. of Iowa City, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Horowitz and seconded by the resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Ambrisco that there were: Passed and approved this 20th day of August 1991. ATTEST: 24"a,�) 7e 7S C Y CLERK APPRO D A F City Attorney's ff'ce � -'(Ci RESOLUTION NO. 91-220 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY RETAINING WALL REHABILITATION PROJECT WHEREAS, McComas-Lacina Construction Company, Inc. of Iowa City, Iowa, has submitted the best bid of $111,495.27 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction Company, Inc. of Iowa City, Iowa, subject to the condition that awardee secure, adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Novick and seconded by Horowitz the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Ambrisco % Courtney % Horowitz R Kubby % Larson % McDonald % Novick Passed and approved this 20th day of August YOR ATTEST•�� )e A4, CITY CLERK 1991. that City Attorney's i • Irw RESOLUTION NO. 91-221 RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE SEQUENCE OF DEVELOPMENT FROM PHASE If (2000-2010) TO PHASE I (1989-1999) FOR AN AREA OF IOWA CITY TO BE KNOWN AS THE CENTRAL SOUTH AREA. WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the community; and WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable within the context of set goals and objectives described within the Plan; and WHEREAS, the growth management policy recommended in the Plan encourages efficient development; and WHEREAS, the City Council, being fully advised as to the facts and circumstances hereof, makes the following findings of fact: 1. Certain areas designated in the Plan for Phase I development will not develop during Phase I due to financial, physical, or political considerations; 2. Circumstances have changed which warrant amending the Plan so as to create a more accurate guide for efficient community development, including: a. The City's population growth has exceeded projections by 100%; b. New federal effluent standards potentially alter the City's wastewater treatment plant capacities, thereby influencing the location of future development; c. The City's South Wastewater Treatment Plant has excess capacity, whereas the North Plant appears to be approaching capacity; 3. The Central South Area is an approximate 315 acre undeveloped area of Iowa City generally located south of Wetherby Park and Grant Wood School, along both the east and west sides of Sycamore Street; 4. The Central South Area represents contiguous development which can accommodate a large area of development in a cost-effective manner; 5. A municipal sanitary trunk sewer can be extended to serve the area with the cooperation between the City and area landowners, which trunk sewer would drain to the South Wastewater Treatment Plant; and WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that changing the sequence of development from Phase II to Phase I for the area of the City to be known as the Central South Area falls within the context of the goals and objectives of the Comprehensive Plan. • w � FM Res. No. 91-221 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Comprehensive Plan Land Use Map be hereby amended by changing the sequence of development from Phase II (2000-2010) to Phase I (1989-1999) for an area of Iowa City to be known as the Central South Area, as shown in Exhibit A; and 2. The text of the Comprehensive Plan be hereby amended as indicated in Exhibit B. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 3rd day of September , 1991. R Appr d by ATTEST:2�canc� 56w.t) CI LERK City Attorney's Office 2q ppdadmi ftentrals. res aai EXHIBIT B SOUTH AREA COMPREHENSIVE PLAN AMENDMENTS The Iowa City Comprehensive Plan 1989 Update is amended as follows: South Area Study: Sewer Availability Section, Paragraphs 4, 5 & 6, page 93, read: Though the construction of the new water pollution control plant was intended to solve many city-wide sewer restrictions, the'South Area did not substantially benefit from project improvements to the system. Although the new Southeast Interceptor Sewer transects the eastern portion of the South Area, recent wastewater system improvements did not include extending a trunk line from the interceptor sewer into the South Area. As a result, until this trunk sewer is extended, development within the area is generally limited to parcels which are presently sewerable. However, a portion of the South Area possesses characteristics that warrant consideration of the City participating in the extension of a sanitary trunk sewer into a portion of the South Area identified as the Central South Area. This part of the South Area is contiguous to existing development, can accommodate a large number of people in a cost-effective manner, and possesses characteristics that lend itself to affordable housing opportunities. However, given the most efficient alignment of the trunk sewer, extension of the sewer will, most likely, be dependent on public participation in its extension. Public participation in the extension of the municipal sanitary sewer into this portion of the South Area would open an additional area for residential development in a manner consistent with the development policies of this plan. Therefore, to allow the development of a portion of the South Area within Phase I of the plan's residential development sequence schedule and to relieve surcharging conditions in developed parts of the South Area, the City may extend, via adoption of a tap -on fee ordinance, a trunk sewer which would serve a 35 acre developed portion of the South Area and a 315 acre undeveloped portion of the South Area designated as the Central South Area. South Area Study: Parks/Open Space Section, Paragraph 3, page 94, reads: Future residential development east of Sycamore Street will utilize recreational facilities at Grant Wood School, the Whispering Meadows wetland park, and Fairmeadows Park, but additional neighborhood parkland will be needed to serve the needs of the projected residential population as the Grant Wood Open Space District becomes fully developed. South Area Study:. Schools, Paragraph 1, page 93, reads: Schools. An increase in the elementary school population attributable to development within the South Area is anticipated given the development of the Whispering Meadows subdivision and the potential residential development of the Central South Area once sanitary sewer limitations are remedied. In the short range, Mark Twain, Grant Wood and Hills elementary schools are expected to continue serving the area. South Area Study: Proposed Residential Development Sequence Section, Paragraph 1, page 94, reads: Recognizing varying development limitations, the South Area is divided into three subareas for purposes of devising a residential development sequence. The division is based upon the extent of infrastructure improvements required and the degree of continuity with existing development. Depending upon the overall rate of growth in the city, the subareas identified to 2 as the Near South Area and the Central South Area in the development sequence section of the Update are expected to develop within 10-15 years. The balance of the South Area should develop in later phases of growth. South Area Study: Recommendations Section, Paragraph 1, page 94, reads: 1. Until a trunk sewer is extended to relieve the sewer surcharging conditions, limited development which can be served by remaining capacity within existing sewer lines may occur but should be carefully monitored to prevent surcharge problems to downstream users. Development of the Central South Area and the relief of sewer surcharging conditions are dependent upon the City extending, via adoption of a tap -on fee ordinance, a trunk sewer into those areas. Development of much of the remainder of the South Area is dependent upon a private commitment to extension of a trunk sewer into the area. With provision of adequate municipal sewer service to this area, development should proceed in a manner consistent with the land uses recommended in the 1983 Comprehensive Plan Update. Developable Land Analysis: Potential Growth Ateas, South Area Section, Paragraphs 1, 2, and 3, page 14, read: South Area. Though the construction of the WPCP was intended to solve many city-wide sewer restrictions, the South Area did not benefit substantially from projected improvements to the system. Recent wastewater system improvements did not include extending a trunk line from the interceptor sewer to the South Area. However, a portion of the South Area possesses characteristics that warrant consideration of the City participating in the extension of a sanitary trunk sewer into a portion of the South Area identified as the Central South Area. This part of the South Area is contiguous to existing development, can accommodate a large number of people in a cost-effective manner, and possesses characteristics that lend itself to affordable housing opportunities. However, given the most efficient alignment of the trunk sewer, extension of the sewer will, most likely, be dependent on public participation in its extension. Public participation in the extension of the municipal sanitary sewer into this portion of the South Area would open an additional area for residential development in a manner consistent with the development policies of this plan. Therefore, to allow the development of a portion of the South Area within Phase I of the plan's residential development sequence schedule and to relieve surcharging conditions in developed parts of the South Area, the City may extend, via adoption of a tap-on,fee ordinance, a trunk sewer which would serve a 35 acre developed portion of the South Area and a 315 acre undeveloped portion of the South Area designated as the Central South Area. Development Sequence: Table 3. Residential Development Sequence Schedule, page 20, is amended as shown on the attached sheet. exa&b.sa aal 3 TABLE 3 RESIDENTIAL DEVELOPMENT SEQUENCE SCHEDULE PPA = People Per Acre *Computed at 15 people per acre. ppdadmin\resdevsq.sch t1a( Infrastructure Development PPA Sower Potential Improvements Sequence Location Acres. Capacity Population Needed Phase I • Highway 1 52 Unlimited 780• • Water extension (1989-1999) • N of Muscatine, S 32 Unlimited 480• of Court • N of Court, S of 71 1,065` • Sewer upgrade, water Rochester extension • E of Mormon Trek 36 540• • N of Kimball 74 Unlimited 11110• • East Peninsula 80 Unlimited 1,200• • Willow Creek 41 615+ • Near South Area 50 12 600 • Central South Area 315 4,725' • Sewer, water, street Total 751 extensions 11,115 Phase II • S of Rohret Road 43 645+ (1000-7010) • W of Mormon Trek 95/38 11/* 1,615 • W Central portion 200 • Sewer, water, street of NE Area extensions • South Area 204 • Sewer, water, street • S of Muscatine 133 extensions • Lift station upgrade • W of Prairie du 124 • Sewer upgrade; water Chien street extensions • E of Prairie du 119 Lift station; sewer Chien upgrade; street Total 956 extensions Phase III • Melrose/218 44 • Sewer upgrade (3011 +) • E portion of NE 397 • Sewer, water, street Area extensions • SW Area 412 • Lift station; sewer upgrade; water, • Peninsula 330 street extensions • Sewer, water, street • NW Area450 extensions • Sewer upgrade; sewer water, street • Fringe Area 6 extensions • Sewer, water, street • Fringe Area 5 extensions (One Mile) Lift station; sewer upgrade; sewer, water Total -Existing Corporate Limits 1,633 street extensions Total -Existing Corporate Limits 3,340 PPA = People Per Acre *Computed at 15 people per acre. ppdadmin\resdevsq.sch t1a( 7� • �S BK RESOLUTION NO. 91-222 D RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE CLASSIFICATION OF 50.32 ACRES OF PROPERTY LOCATED IN WEST SIDE PARK SUBDIVISION FROM INTENSIVE COMMERCIAL TO RESIDENTIAL (8-16 DWELLING UNITS PER ACRE) AND 6.97 ACRES OF PROPERTY LOCATED IN WEST SIDE PARK SUBDIVISION FROM INTENSIVE COMMERCIAL AND HIGHWAY COMMERCIAL TO GENERAL COMMERCIAL. WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the community; and WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable within the context of set goals and objectives described within the Plan; and WHEREAS, the City Council, following public hearing, has made the following findings: A. That West Side Park Subdivision (the subject area) is a tract of land in the city located north of Highway 1 and U.S. 218 interchange on the north side of Mormon Trek Boulevard and is presently classified intensive commercial land use under the plan; B. That the subject area has not developed for intensive commercial purposes; C. That the proposed residential land use classification of the subject area is more compatible with adjacent land that has developed for residential uses than is the present intensive commercial land use classification; D. That the existing commercial uses along Mormon Trek Boulevard and the proposed general commercial land use classification provide a buffer between the Highway 1 and U.S. 218 interchange and the proposed residential land use classification to the north; E. That residential and general commercial land use classifications are more suitable than intensive commercial and highway commercial land use classifications in accomplishing the Comprehensive Plan's goal of preserving and enhancing entranceways to the City; and WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that changing the land use classification of 50.32 acres of property from Intensive Commercial to Residential (8-16 dwelling units per acre) and 6.97 acres of property from Intensive Commercial and Highway Commercial to General Commercial falls within the context of the goals and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF IOWA CITY, IOWA, THAT: The Comprehensive Plan Land Use Map is hereby amended by changing the land use classification of 50.32 acres of property located in West Side Park Subdivision from Intensive Commercial to Residential (8-16 dwelling units per acre) and 6.97 acres of property located in West Side Park Subdivision from Intensive Commercial and Highway Commercial to General Commercial, as shown in Exhibit A. a4� Resolution No. 91-222 Page 2 It was moved by Horowitz and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 3rd day of September 1991. �n )YOR Approv by ATTEST: CIT'rCLERK City A orney's Office ppdadmi n%wstsdpk.res aaa- West Side Park EXHIBIT A Comprehensive Plan Amendment 216 Change from Intensive �_ Commercial to Residential (8-16 DU/A) Change from Intensive Commercial and Highway Commercial to General Commercial v N �Fr- ZV\ RESOLUTION NO. 91-223 RESOLUTION OF INTENT TO CONVEY TO DAVID STEVE VACATED LAFAY- ETTE STREET RIGHT-OF-WAY BETWEEN MAIDEN LANE AND SOUTH GILBERT STREET. WHEREAS, the City has held a public hearing on and is considering an Ordinance to vacate a portion of the Lafayette Street right-of-way located between Maiden Lane and South Gilbert Street, described as follows: Beginning at a 1" bar found marking the NE corner of said Lot 1; thence N 90000'00" W - 79.05 feet along the north line of said Lot 1 to a 5/8" rebar found marking the NW corner thereof; thence N 15°45'00" E - 25.46 feet to a set 5/8" rebar; thence S 81 018118" E - 72.87 fete along a line parallel to and 1 1.0 feet south of the existing south curb line to a set 5/8" rebar; thence S 0026'27" E - 13.49 feet to the Point of Beginning. Said vacated parcel contains 0.03 acres or 1,454 s.f., more or less. WHEREAS, David Steve has asked the City to convey said right-of-way to him after it has been vacated; and WHEREAS, the City has no need for property being considered for vacation; and WHEREAS, David Steve has agreed, after vacation, to have the City convey the entire vacated right-of-way, subject to David Steve providing a five-foot landscaped area planted with evergreen shrubs, which grow to a maximum of three feet in height, around the perimeter of the parking area proposed on this and the adjacent site, a minimum of two large street trees on the site, the construction of the sidewalk along the north side of the property (plans to be approved by the City Forester and Public Works Department), the prohibition of access from the proposed parking lot to Gilbert and Lafayette Street, and the retention of easements for public and private utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the above-described City -owned property to David Steve in consideration of $378.00, subject to David Steve providing a five-foot landscaped area planted with evergreen shrubs, which grow to a maximum of three feet in height, around the perimeter of the parking area proposed on this and the adjacent site, a minimum of two large street trees on the site, the construction of the sidewalk along the north side of the property (plans to be approved by the City Forester and Public Works Department), the prohibition of access from the proposed parking lot to Gilbert and Lafayette Street, and the retention of easements for public and private utilities. as 3 Ir Resolution No. 91-223 Page 2 BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for September 17, 1991, and that the City Clerk be and is hereby authorized, empowered, and directed to cause Notice of Public Hearing on the matter set forth above to be published, as provided by law. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: X x —x x X Passed and approved this 3rd ATTEST: ppdadm\lafayett.res NAYS: day of Larson ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. aa.s 3t5 RESOLUTION NO. 91-224 RESOLUTION APPROVING FINAL PLAT OF REGINA SUBDIVISION. WHEREAS, the owner, Regina Catholic Education Center, has filed with the City Clerk the final plat of Regina Subdivision, Iowa City, Johnson County, Iowa, and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of the Northwest Quarter, of the Northeast Quarter, of Section 11, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S89031'13"E, 143.94 feet, along the South Line of the Northwest Quarter, of said Northeast Quarter, to the Point of Beginning; Thence N51003'41 "E, 692.93 feet; Thence S89 ° 31' 13"E, 632.09 feet to a point on the West Line of the Northeast Quarter, of said Northeast Quarter; Thence N00111'13"E, 299.50 feet along the West Line of the Northeast Quarter, of the said Northeast Quarter; Thence N89°02'11 "E, 1128.14 feet; Thence S00025'09"W, 530.11 feet; Thence S88041'00"W,. 177.30 feet; Thence S00027'00"W, 607.50 feet; Thence S14048'00"E, 202.57 feet; to a point on the center line of Rochester Avenue; Thence Southwesterly 159.13 feet along said centerline on a 716.20 foot radius curve, concave Southeasterly, whose 158.81 foot chard bears S53134'1 O"W; Thence S47012'15"W, 424.10 feet; Thence S47025'29"W, 2.11 feet; Thence S52049'29"W, 255.81 feet; Thence S55028'44"W, 312.00 feet; Thence Southwesterly 28.15 feet along a 716.20 foot radius curve, concave Northwesterly, whose 28.15 foot chord bears S56036'18"W; Thence N00006'47"E, 240.09 feet; Thence S58040'47"W, 75.00 feet; Thence N00006'477E, 1115.42 feet along the West Line of Northwest Quarter, of said Northeast Quarter; Thence N89031'13"W, 1172.20 feet along the South Line of the Northwest Quarter, of the said Northeast Quarter, to the Point of Beginning. Said tract of land contains 49.18 acres, more or less, and is subject to easement and restrictions of record. and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision, and have recommended approval of same; and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of Iowa, and all other statutory requirements. m Resolution No. 91-224 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents, upon the approval of the City Attorney, relating to said subdivision, and to certify a copy of this Resolution to the Office of the Johnson County Recorder. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 3rd day of ATTEST: ppdadm i n\repine-f.res 1991. 9 �4 RESOLUTION NO. 91-225 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF A 10 -FOOT WIDE PORTION OF THE EXISTING 60 -FOOT WIDE ACCESS EASEMENT WITHIN THE PROPOSED HICKORY HILL RIDGE SUBDIVISION. WHEREAS, a 60 -foot wide access easement was purchased in 1982 to provide access for the maintenance of the North Branch Ralston Creek Stormwater Detention Facility (North Branch Facility); and WHEREAS, the proposed final plat of Hickory Hill Ridge Subdivision replaces the existing 60 - foot wide access easement with a 50 -foot wide street right-of-way, thereby preserving access to the North Branch Facility; and WHEREAS, such dedication of street right-of-way would render the remaining ten feet of the access easement unnecessary and superfluous; and WHEREAS, Hickory Hill Ltd. as adjacent property owners wish to purchase a 10 -foot wide portion of the existing 60 -foot wide access easement, the total area of which is described as follows: Commencing at the Southwest Corner of the Northwest Quarter, of the Northeast Quarter, of Section 11, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S89131'13"E, 143.94 feet, along the South line of the Northwest Quarter, of said Northeast Quarter; thence N 51 003'41 "E, 391.55 feet to the Point of Beginning; thence S00028'47"W, 248.63 feet; thence S891311'1 3"E, 7.06 feet; thence N00128'47"E, 254.43 feet; thence S51 003'41 "W, 9.14 feet to the Point of Beginning. Said tract of land contains 0.04 acres, more or less. Commencing at the Southwest Corner of the Northwest Quarter, of the Northeast Quarter, of Section 11, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S89031'13"E, 143.94 feet, along the South line of the Northwest Quarter, of said Northeast Quarter; thence N51 003'41 "E, 465.42 feet to the Point of Beginning; thence S00028'47"W, 295.54 feet; thence S89031'13"E, 2.94 feet; thence N00128'47"E, 297.95 feet; thence S51 003'41 "W, 3.80 feet to the point of beginning. Said tract of land contains 0.02 acres, more or less; and WHEREAS, the City Council did authorize publication of notice of this proposal to convey said property, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal held September 3, 1991, and being fully advised as to the merits of said proposal and having given full study and consideration, the City Council finds that said ten -foot portion of access easement constitutes excess City property, and that disposal of same is in the public interest. Resolution No. 91-225 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The conveyance of the City's interest in the above-described ten -foot wide portion of access easement to Hickory Hill Ltd. for the sum of $608.00 is hereby approved. 2. The City Attorney is hereby directed to prepare a quit claim deed conveying said property to Hickory Hill Ltd. 3. That the Mayor is hereby authorized to execute and the City Clerk to attest said quit claim deed to Hickory Hill Ltd. upon payment of consideration enumerated herein. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: X X X X NAYS: Horowitz the Resolution be ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 3rd day of DD --September 1991. L4 'oe, 0'. ATTEST: 4• CIT CLERK pp dadmin\h i ckh ill. res aa5 RESOLUTION NO. 91-226 RESOLUTION APPROVING FINAL PLAT OF HICKORY HILL RIDGE SUBDIVI- SION. WHEREAS, the owner, Hickory Hill Ridge Ltd., has filed with the City Clerk the final plat of Hickory Hill Ridge Subdivision, Iowa City, Johnson County, Iowa, and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Corner, of the Northwest Quarter, of the Northeast Quarter, of Section 11, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89031'13"W, along said South Line of said Northwest Quarter of said Northeast Quarter 2.55 feet to the Point of Beginning; Thence N89031'13"W, along the South Line of the said Northwest Quarter of the Northeast Quarter 1,169.65 feet; Thence N51 003'41 "E, 692.93 feet; Thence S89031'13"E, 549.22 feet; Thence S46°05'01 "W, 63.29 feet; Thence S13 039'01 "W, 144.68 feet; Thence S32 ° 10'21 "E, 302.68 feet to the Point of Beginning. Said tract of land contains 8.05 acres, more or less, and is subject to easement and restrictions of record. and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision, and'have recommended approval of same; and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of Iowa, and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easement is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents, upon the approval of the City Attorney, relating to said subdivision, and to certify a copy of this Resolution to the Office of the Johnson County Recorder. EM Resolution No. 91-226 Page 2 It was moved by Horowitz and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Ambrisco % Courtney % Horowitz x— Kubby x Larson x_ McDonald X Novick Passed and approved this 3rd day of ATTEST: 21 `7S. �a� CITY -CLERK ppdadminftridge.rea 1991. M— 1 R5_7� b V_ RESOLUTION NO. 91-227 RESOLUTION RESCINDING RESOLUTION NO. 91-209 AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) FOR THE PURPOSE OF FUNDING A RENTAL REHABILITATION PROGRAM, AND COMMITMENT BY THE CITY OF IOWA CITY TO PROVIDE STAFFING AND ADMINISTRATIVE EXPENSES TO IMPLEMENT SAID PROGRAM. WHEREAS, the City Council of Iowa City believes that it is in the public interest to improve the condition and the availability of affordable rental housing for its residents; and WHEREAS, the City Council recognizes that there exists a local problem with the availability and affordability of two-bedroom and larger rental units for low and moderate income persons; and WHEREAS, the City Council of Iowa City wishes to encourage landlords to maintain their rental property and yet keep it affordable for low and moderate income persons; and WHEREAS, the City Council of Iowa City wishes to utilize $80,000 of funds from the Iowa Department of Economic Development to assist local landlords in making improvements to their rental units within Iowa City; and WHEREAS, citizens have been given the opportunity for public comment on this application and program; and WHEREAS, the City of Iowa City is committed to using the CDBG Housing Rehabilitation staff to implement the Rental Rehabilitation Program and will ensure the funding of administrative expenses of said program; and WHEREAS, Resolution No. 91-209, adopted by the Council on August 20, 1991, failed to conform fully with IDED technical requirements. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITYOF IOWA CITY, IOWA: 1. That the Mayor of Iowa City be authorized to submit an application to the Iowa Department of Economic Development for $80,000 for the purpose of funding a Rental Rehabilitation Program. 2. That the City of Iowa City hereby announces its commitment to implement a Rental Rehabilitation Program so funded through the use of City -employed CDBG Housing Rehabilitation staff and the funding of administrative expenses of the Program. 3. That Resolution No. 91-209, adopted by the Council on August 20, 1991, is hereby rescinded and superseded by this Resolution. aa� Resolution No. 91-227 Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 3rd day of ATTEST: CIT CLERK ppdcdbgUdedres.mm ABSENT: YOR Horowitz the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. aa� RESOLUTION NO.91-228 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, AND THE UNITED STATES OF AMERICA, BY AND THROUGHOUT THE GEOLOGICAL SURVEY, U.S. DEPARTMENT OF THE INTERIOR WHEREAS, the City of Iowa City has negotiated a6 agreement with U.S.G.S., a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into'said agreement with U.S.G.S. regarding the construction of a new gauging station within the Camp Cardinal Road right-of-way, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with U.S.G.S. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by u�r ..,; that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 3rd day of September 1991 ATTEST:_ )%j� 1�J 7C . CrTY CLERK PPROVED AS TO FORM City Attorney's Office f=9/ Im Form 9-1462 (Jan. 19701 AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION ON PRIVATE OR City of Iowa City, Iowa PROPERTY T10S AGREEMENT Is entered We this 8 day of August 1991 , by and between City of Iowa City, Iowa , herelmttei called Llneemor% and the United States of America, by and through the Goclogieal Survey, U.S. Department of the Interior, hereinafter "tied Licensee; pursuant to the Act of December 24. 1942, as amended (43 U.S.C. sae. 36 6). WITNESSETK 1. Lleamor, for and In consideration of the faithful performance by Licensee of all covenants and conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees to the Instaltatior, maintenance, and use of (describe physical Charactertstics of gaging statloN 5ft X 5ft X 8ft high steel gagehouse set mounted on 4 wood nerexnarsar couecuvety reserrea to as -structure; by the Licensee upon and over the property of the Llcaraar as described in Paragraph 2 hareof. and the Licensor grants the right of ingress to and egress from the said Structure and property described heretrL 2. The said structure shag be located on the property of Licensor as shown on attached drawing and further described as fct[ows: (site tocationi Clear Creek near Coralville, Iowa 3. The sold Structure and sppurterrnces thereof shall be maintained In a good, safe and wortmanilke manner. 4. The said Structure end apprutenances and at[ equtpment and tools for the maintenance and use thereof placed M or upon said described property shall remain the property of the Licensee and may be removed by the Licensee at Its own cost and expense at any time during the life of this agreement or any remml thereof, or wlttdn 90 days after the aspiration of this agreement or any renewel thereof, or within a reasonable time from date of receiving written notice from the Licensor to change the location of sold Structure and appurtanoes or any part thereof upon the said described property. Upon ramovsl or relocation of said Structure and appurtenances the Licensee dreg restore said described property to as hearty " possible the same state and condition existing prior to the Installation of satd Structure and Its appurtenances. - S. TM Licensee agrees to cooperate to the extent allowed by law. In the submttial of all claims for alleged loss. Injuries, or damages, to persons or property arising from the sets of Licensees employees. acting within the scope of their empioym M In the Installation, uta. maintenance, removal or relocation of aald Structure, appurtenances, squlprrent and tools pursuant to the Federal Tort palm Act (26 USL. sec. 2671 at segl S. As consideration for rights and prlvbages granted herstr, the Licensee that[ pay to the Licensor the sum of s 0.00 upon presentation of big therefor, subject to the avellabt[tty of appropriations by the Congress. 7. This agreement shall become effective on the 'day and year first above voliter, and that[ Cantlfwe In full force and effect until terminated by either Licensor or Licensee at any time on 30 days wrttten notice. 6. No Member of or Delegate to Congress or Resident Commissiamr after his election or appointment, either before or after he has qualified and during his continuance In office, and no officer, agent or employee of the Government, shall be admitted to any share of this agreement, or to any benefit arising thorefrafrl but this provision shag not be Constructed to extend 10 this agreement It made vAlMn a corporation for its general benefit tZ 9. The Licensor warrants that he hes not employed any person to solicit or secure this contract upon any sg,eement for a comnlaslon. Percerdage. brokerage• or contingent fu. Breach of this warranty shall give the Lkerree the right to termlrete the license. or In Its discretion to deduct from the license amount or consideration the amount of such commission, percentage• brokerage. or contingent fees. This warranty shal'not apply to eommisslore payable by Licensor upon Rcenses secured or made through ban fide established commercial or selling agencies maintained by the Licensor for the purpose of securing business. 10. This agreement shall Inure to the b.rtafft of and be binding upon the successors. assigns and transferees of the parties hereto. Including successors of the Licensee In control of the project thereof affected by this agreement IN WITNESS WHEREOF. the parties have caused these presents to be executed the day end year first above written NAME X41111111 I LICENSEE: UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY: 410 E. Washington Street By Nick B. Melcher Iowa City Ia 52240 Tttie District Chief City Att mey't 0 AcG -zf 5FI APPROVED: By trative Of floer. Water Resources Division RESOLUTION NO. 91-229 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A RELEASE OF LIEN FOR PROPERTY LOCATED AT 926 MAGGARD STREET. WHEREAS, on October 31, 1986, the property owners at 926 Maggard Street executed a Promissory Note in the amount of $1,551.00, forvalue received through a Housing Weatherization Loan; and WHEREAS, the Note, recorded November 6, 1986, at Book 893, Page 259, Johnson County Recorder, created a lien against subject property, WHEREAS, the Note was paid in full on August 15, 1991; and WHEREAS, it is now appropriate for the City to release the lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the release of the lien against property located at 926 Maggard Street is hereby approved and that the Mayor is authorized to execute and the City Clerk to attest the attached Release of Lien. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 3rd day of September . 1991. ATTEST: i Lt'"_40 CITYCLERK ppdrehab\926magg.res Em aa� RELEASE OF LIEN Date: September 3, 1991 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following -described property: Lot 21, Hillcrest, Prices Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the property located at 926 Maggard Street to the City of Iowa City, Iowa, in the principal amount of $1,551.00 represented by a lien recorded in the Office of the Johnson County Recorder on November 6, 1986, in Book 893, page 259. This obligation has been paid in full and the lien is hereby released. 55 K ATTEST: 24a",.0 -e ea� City Jerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 3 `.1 day of Sep -6,,,10,,. . A.D. 19_5L, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdreh ab\926maggn.rel &5-'aMe 'tires Notary Public in and for Johnson County, Iowa aa? 0 1 RESOLUTION NO. 91-230 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION WHEREAS, in March 1989, Daniel Murray, Sr., filed an action in the Iowa District Court in and for Johnson County, under the state's anti -discrimination statute, Chapter 601A, Code of Iowa, charging the City of Iowa City with discrimination in employment; and WHEREAS, after a three-day trial and by judgment and decree entered June 13, 1991, Johnson County District Court entered Final Judgment in favor of plaintiff Daniel Murray, Sr. and against the City of Iowa City, Iowa, ordering the City to pay back pay in the amount of $65,801 and damages for emotional distress in the amount of $4,000, plus statutory interest; and WHEREAS, a prevailing party is entitled to attorney fees under Iowa's anti -discrimination statute, and plaintiff's attorneys have submitted an itemized billing, including expenses, totaling $50,944.46; and WHEREAS, the City is uninsured for civil rights and discrimination claims, and has already expended substantial time and money in the defense of this case, including hiring outside counsel; and WHEREAS, the City Council authorized the City Attorney, in executive session, to enter into negotiations with plaintiff to explore settlement possibilities, and the City Attorney has now recommended and settled the pending litigation as in the best interest of the City and the parties involved; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to plaintiff Murray in the amount of $123,000 in full satisfaction of any and all claims against the City in the above case, including attorney fees, in consideration for plaintiff's full release and dismissal of the lawsuit, Docket No. 52105. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above-named action should be and is settled for the sum of $123,000, payable to Daniel E. Murray, Sr. and his attorneys of record, in full satisfaction of any and all claims arising out of the above lawsuit, Docket No. 52105; and BE IT FURTHER RESOLVED that the City Council for the City of Iowa City hereby specifically approves said settlement as being in the best interest of the City of Iowa City and the parties involved, and ratifies said settlement as provided by law. BE IT FURTHER RESOLVED that said settlement is hereby ratified, contingent, however, upon plaintiffs Daniel E. Murray, Sr.'s execution of an appropriate Release and Satisfaction of Judgment, which shall be filed with the Clerk of Court for Johnson County District Court in the above action. ago Resolution No. 91-230 Page 2 It was moved by Horowitz and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney x Horowitz x Kubby X Larson x McDonald T Novick Passed and approved this 3rd day of September 1991. /"AYOR Approved by ATTEST: / //G -� CIT CLERK n:Uitigatnaes �ity Attorney's Office '=�V RESOLUTION NO. 91-231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN RICE, WILLIAMS ASSOCIATES OF WASHINGTON, D.C. AND THE CITY OF IOWA CITY, IOWA, TO PROVIDE CONSULTING SERVICES TO ASSIST THE CITY IN THE PROCESS OF FRANCHISE RENEWAL/REFRANCHISING FOR CABLE TELEVISION SERVICES FOR THE CITY OF IOWA CITY WHEREAS, the City of Iowa City has negotiated an agreement with Rice, Williams Associates, a copy of said agreement being attached to this resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with Rice, Williams Associates for consulting services to assist the City in the process of franchise renewal/refranchising for cable television services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 4 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Rice, Williams Associates. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Horowitz and seconded by Kubby that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz Y Kubby _ y Larson X McDonald X Novick Passed and approved this 3rd day of September , 1991. YOR mgrlassAricewlm.res Approved by C y Attorney's Office 8 =z4-6/ Per a3t CONTRACT FOR CONSULTING SERVICES This AGREEMENT made this ID day of September, 1991, by and between the City of Iowa City, Iowa, a municipal corporation (City), and Rice, Williams Associates, Inc. (Consultant), a corporation duly organized and existing under the laws of the District of Columbia. WHEREAS, the City wishes to have consulting services conducted regarding cable television services, and WHEREAS, the City has offered a Request for Proposal entitled RFP #91-124 Cable Television Franchise Renewal/Refranchising Consulting Services, which document is attached hereto and hereby incorporated into this agreement, except as otherwise modified herein, and WHEREAS, Consultant has responded to said Request for Proposal by submitting a "Proposal to Provide Consulting Services to the City of Iowa City, Iowa, RFP #91-124," dated April 18, 1991, which document is attached hereto and hereby incorporated into this agreement, and WHEREAS, the City desires to engage Consultant to undertake said project, hereinafter described NOW, THEREFORE, the City and Consultant do mutually agree as follows: ARTICLE 1 SCOPE OF WORK Consultant agrees to perform the following services: Initial Consultation; Community Needs Assessment and Consumer Market Survey; Analysis of Compliance, Ordinance Development; Technical Analysis; Development of the Request for Proposal; Evaluation of a Proposal; and Assistance with Negotiations. Said scope of services shall be consistent with those included in Section M of the City's Request for Proposal and Section I of Consultant's Proposal, referenced above, as otherwise amended herein. ARTICLE 2 TIME OF PERFORMANCE Consultant agrees to complete performance of the services specified in Article 1 by a date mutually agreed to by the City and Consultant, and within timeframes which will allow for completion of all required procedures for franchise renewal/refranchising under all applicable federal, state, and local laws and ordinances. ARTICLE 3 REPORTS Reports on the various tasks will be provided to the City of Iowa City on dates mutually agreed to by the City and Consultant. J31 2 ARTICLE 4 COMPENSATION The City will pay Consultant a sum not to exceed those specified in the Cost of Service section of the proposal, as amended, attached hereto and made a part of this Agreement. In addition to this amount, the City will reimburse the Consultant for travel and expenses and for services during attendance at meetings and hearings on an at cost basis. City may from time to time require changes in the scope of the services of Consultant to be performed hereunder, including, but not limited to, the designation of one or more additional study areas. Such changes, including any increase or decrease in the amount of Consultant's compensation and changes in the terms of this Agreement which are mutually agreed upon by and between City and Consultant shall be effective when incorporated in written amendment to this Agreement. ARTICLE 5 MECIIOD OF PAYMENT Consultant will bill the City on a monthly basis for services performed. The City agrees to make payment within 30 days of receipt of invoice for all services satisfactorily performed, subject to the provisions of Section G of the "General Terms" addendum to this agreement. ARTICLE 6 CONTACTS WITH RESPONSIBILITY Jean Rice, President, will be designated as Project Director for this project by Consultant, and to manage and supervise the performance of this Agreement on behalf of Consultant. Associated with the Project Director will be staff members whose experience and qualifications are appropriate for this study. The City will be represented by the City Manager or his/her designee for all matters relating to this Agreement. ARTICLE 7 TERMWATION OF CONTRACT The City shall have the right to terminate this contract for its convenience by giving Consultant written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this Agreement shall be in default. If this Agreement is so terminated, Consultant shall be paid only for work satisfactorily completed. ARTICLE 8 NON-DISCRIltHNATION There shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any applicants for such employment, because of race, religion, color, creed, sex, J3( 3 national origin, sexual preference, disability, marital status, or age. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE 9 INTEREST'S OF PARTIES A. No officer, member, or employee of the City and no member of its governing body, and no other public officials of the governing body of the locality or localities in which this project is situated or being carried out, who exercises any functions or responsibilities in the review of approval of the undertaking or carrying out of this Project shall (1) participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested; or (2) have any interest, director or indirect, in this Agreement or the proceeds thereof. B. Consultant covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, director or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. ARTICLE 10 INDEMNIFICATION AND INSURANCE To the extent permitted by applicable law, Consultant shall hold harmless and indemnify City from any and all liability, including cost of defense, (a) with respect to professional services, arising out of negligent acts or omissions by Subconsultant, or parties acting on its behalf, in the performance of the services described in this Agreement, and (b) with respect to claims not related to professional services, arising in whole or in part out of performance by the Consultant, or parties acting on its behalf under this Agreement, without regard to negligence of indemnified party. Consultant shall maintain at least the following insurance coverages/limits: Professional Liability/Errors and Omissions $500,000 occurrence/aggregate Certificates evidencing such coverage will be provided to City with the executed copy of this Agreement. Payment to Consultant will be contingent upon receipt of such certificates. Annual renewal certificates shall be provided during the term of this Agreement evidencing no reduction in required coverages. iso IN WITNESS WHEREOF, the City of Iowa City, Iowa, and Consultant have executed this Agreement to the date first above written. CITY OF IOWA CITY, IOWA By: LZ0—'e� John McDonald, Mayor Attest: 2?w� :�) ye� City'Clerk Approved as to form: L; City Attorney'S ffice mgemKkonmefv.c n RICE, WILLIAMS ASSOCIATES, INC. By: can Rice, President 031 COST OF SERVICES Task 1 Initial Consultation $ 2,185* Task 2 Community Needs Assessment and $ 4,000 - 7,500* Consumer Market Survey $10500-12,000• Task 3 Analysis of Compliance $ 3,000 - 6,000" Ordinance Development $4,600 Task 4 Technical Analysis - On-site $ 8500 -13,000* Task 5 Development of a Request for Proposal $ 3,500 Task 6 Evaluation of a Proposal $ 5,500 Task 7 Assistance with Negotiations $20,000*** Other Legal Assistance As Needed** Travel and Expenses At Cost Hourly Rates: $95 per hour Senior Consultants $75 per hour Staff Consultants $120 per hour Attorney *Dependent on scope. **Includes legal research or opinions requested by the City which are beyond the scope of work for Task 3. ***Cost Estimate based on projected 150 hours Senior Consultants, 40 hours Staff Consultants, and 23 hours Attorney. All costs for negotiations will be at the hourly rates stated above. mgr\mglkoste ry RM SCOPE OF SERVICES Task 1 Initial Consultation Rice, Williams Associates will conduct initial consultation sessions with the City to discuss the latest legal, technical and economic developments affecting the cable/telecommunications industry. We would be especially pleased to work with Iowa City because of the City's long standing regulatory approach to cable television. Rice, Williams Associates will work with the City in reviewing the regulatory history of the operator with the triennial reviews conducted by the BTC providing the most important source material and discussing the specific procedures to be followed prior to and during the renewal processes. We will make recommendations to the City on procedural and material compliance with the Cable Act. During initial consultation sessions, special attention will be given to informing City officials about the practical implications of Cable Communications Policy Act of 1984 and any new legislation as it might affect the City's renewal process. For example, the franchise renewal provisions of the Cable Act which establish the process for renewal, the areas where municipalities can establish requirements of the cable operator and the factors for denial. Other applicable sections include general franchise requirements, privacy, modifications, and consumer service regulatory authority. Rice, Williams Associates is well informed on the implications of the legislation, and is working with several cities whose franchising, renewal, and change of ownership activities are governed by its provisions. We worked with the U.S. Conference of Mayors and the League of Cities on the cable legislation that was before Congress last session. In addition, Ms. Rice, President of the firm, has made presentations at several conferences, including the annual conferences of National League of Cities and the International City Management Association, on cable renewal. Dr. Williams has made presentations at several recent conferences including the New Jersey State League of Municipalities, the South Carolina League of Municipalities, and the American Public Power Association. Rice, Williams Associates will also keep City representatives apprised, as necessary, of other cable regulatory issues and specific policy concerns. Consultation sessions will address the impact of recent court decisions, FCC rulemakings, and other changes in cable regulation and industry practice. Recent developments that will be covered include: ■ S.B. 1880 and H.R. 5276 ■ FCC Rulemaking on the Cable Act, Summary recently released ■ Status of technical standards review by the FCC ■ Must -carry status ■ Trends in cable system sales and acquisitions, valuation of systems, and implications for franchising authorities ■ Comcast Cablevision of Sterling Heights. Inc. v. City of Sterling Heights Macomb County Circuit Court, Michigan 1. ,d3 1 ■ Century Federal. Inc. v. City of Palo Alto, No. C-85-2168 EFL and the settlement agreement ■ Group W Cable. Inc. v. City of Santa Cruz, No. C-84-7457-WWS ■ Erie Telecommunications. Inc. v. City of Erie. No. 85-185 ■ Latest decision in Preferred Communications v. The City of Los Angeles ■ City of New York v. FCC. No. 85-1841 Special attention will be given to advising City representatives about the potential impact of new developments on any future plans and policies being considered by the City. The only city client we have had that was involved in litigation was Morganton, North Carolina which denied a franchise. We work with the cities involved to develop a full record of city needs and interests which enhances their negotiation power. We have worked with a number of cities through the preliminary denial under the formal process of the Cable Act. Policy issues related to local administration and regulation of the franchise which are identified by City representatives, such as franchise fee payments, will also be discussed. In addition to those issues raised by the City, local policy issues may include: ■ use of streets and public rights-of-way ■ extension of service ■ upgrade of channel capacity ■ access programming and facilities ■ regulatory structure ■ franchise fee ■ system financing provisions ■ access provisions ■ buy-back options ■ technical requirements ■ institutional services ■ EEO, local hiring ■ overbuilds ■ competition for the franchise ■ consumer service practices Analysis of these policy issues may require special research, hearings, and/or requests for information from the company. Rice, Williams Associates will work with the City to develop such requests, the public record and related procedures. We will also be available to attend the City's public hearings. Initial consultation sessions will address the technical and financial considerations associated with these technologies. Rice, Williams Associates will work with the City in assessing these technologies and their potential applications to meet the City of Iowa City's future cable communications needs. 2 J3 t Task 2 Community Needs Assessment and Consumer Market Survey Rice, Williams Associates will assist the City in conducting a thorough assessment of municipal, community, and of consumer needs. This analysis will draw upon the substantial access effort ongoing in Iowa City. Iowa City is noted for its varied and diverse access program. The information collected through this process will provide much of the basis for City decision making on the access, technical and service parameters of the new franchise agreement. Rice, Williams Associates can conduct two surveys to assess the community's cable communications needs and satisfaction with existing services and facilities: a community needs assessment and a consumer market survey. A community needs assessment will consist of: ■ a survey of current and potential users of the City's governmental, public, and educational access channels and facilities, and other existing and proposed institutional services. A consumer market survey would consist of: ■ a survey of cable subscribers and non -subscribers regarding customer satisfaction and demand for expanded cable services, facilities, and special offerings. The results of the surveys will be used to identify potential improvements that could enhance the quality of service to Iowa City citizens. The identified improvements would be reviewed in conjunction with the technical and financial analyses to assess their feasibility, cost effectiveness and overall public benefits. Following is a description of the community needs assessment and consumer market survey. Community Needs Assessment. Rice, Williams Associates will assist the City in conducting a thorough assessment of municipal, educational, and community needs. The information collected through this process will provide part of the basis for City decision making on the technical, access, and service parameters of a new franchise agreement. This assessment, as supplemented by public hearings and other information, may serve as the basis for the City's estimation of its "future cable -related community needs and interests," as the term is used in the Cable Communications Act of 1984. Rice, Williams Associates can conduct a survey to assess the Community's future cable communications needs for public, educational and governmental access and the need for replacement equipment, new facilities, and access services. The results of the survey will be used to identify potential modifications and improvements that could enhance the quality of service to the City of Iowa City citizens. The identified improvements and modifications will be reviewed in conjunction with the technical and financial analyses to assess their feasibility, cost effectiveness and overall public benefits. .231 Rice, Williams Associates is firmly committed to the belief that local cable communications can provide: ■ A vehicle for community dialogue on local issues ■ More cost effective delivery of information and services by local service providers. ■ Improved entertainment and service options to the public. The community needs assessment will aid in developing the requirements to be placed on the cable operator for access and assess what additional offerings are to be encouraged. Rice, Williams Associates will work with the City Specialist in identifying local government departments, schools, public service agencies, and other organizations to be surveyed, with special attention placed on needs of existing access providers, the Community Programming Center, the School District, the Library, the City, and the University. Rice, Williams Associates will design the ascertainment survey and will administer the survey. A seminar can be held to inform organizations about the renewal process, the institutional network, and highlight existing access activity. We have conducted numerous seminars for our clients. Mailed questionnaires and in-person consultation will be used to collect the information. Survey questions will be designed to identify public buildings and institutions that would now or in the future be able to utilize access and institutional channels, video equipment, and cable drops. Items will be included to assess the adequacy of existing facilities and services, and to identify ways in which the City can achieve cost savings in intra -governmental communications, and delivery of information and public services. A review of institutional applications will be conducted to determine whether the City's local institutions will benefit from an expanded institutional network. Examples of institutional applications include energy management, closed-circuit training program delivery to work sites, security services, delivery of library information, and data transmission. Specific items will be included based on consultation with City staff. We have worked with many cities in designing institutional networks. One of the most recent is our current work for the City of Baltimore, Maryland. Once the data has been collected and verified, Rice, Williams Associates will conduct an analysis of the results. A report and interpretive summary will be provided to the City, including specific recommendations. The results of the community needs assessment will provide the basis for evaluating existing public access and institutional services. The results will also be important to the City in developing realistic and effective plans for future services and franchise requirements and in making determinations regarding technical design configurations, equipment and funding for public, educational and government access and institutional services to be negotiated during the renewal process. The results of the survey will be used to identify potential improvements that could enhance the quality of service to the City of Iowa City citizens. The identified improvements would be reviewed in conjunction with the proposal analysis to assess their feasibility, cost effectiveness and overall public benefits. Consumer Market Survey. A consumer market survey can be very important during renewal, as it provides a means for input from a cross section of the City of Iowa City subscribers and non - subscribers regarding the existing system and potential services. The consumer market survey would n 0231 be designed to determine customer satisfaction with installation, sales, repair work, response time, picture reception, billing, and programming. The survey would also assess consumer interest in, and the economic viability of, expanded cable services, increased channel capacity, additional programming, municipal ownership, and special offerings. Following discussions with City officials and a review of existing program and service offerings, a questionnaire would be designed by Rice, Williams Associates. Questions will be included to assess overall subscriber satisfaction with services and consumer related practices. Items will also be included to determine subscriber interest in alternative program offerings such as new movie packages, arts services, computer services, local programming, special programming for the hearing impaired and handicapped, and pay-per-view programming. Rice, Williams Associates can provide price and service information on these potential services. In addition, the price that respondents would be willing to pay for various cable packages and services would be reviewed in regard to findings in other cities. Rice, Williams Associates will insure that the survey provides a valid representation of the City of Iowa City residents. The survey design will be cross-sectional. A random sample of the City of Iowa City residents will be scientifically drawn from the most complete list of residents available. This method ensures that the respondents are representative and geographically dispersed throughout the City of Iowa City. The data from the survey will be elicited, coded, and verified to ensure valid results. Computer data analysis will be used to calculate relevant frequency distribution, corresponding statistics and cross tabulation of data. A report on the findings of the consumer market survey will be prepared for the City. These findings will provide the basis for analysis of the existing cable operation and the interest in new offerings. Rice, Williams Associates has conducted community needs assessments and consumer market surveys for a number of communities. Most recently, the firm has conducted surveys for Raleigh, North Carolina; Altoona, Pennsylvania; Charlotte, North Carolina; Ithaca, New York; Ponca City, Oklahoma; Richmond, Indiana; State of Hawaii; Wakefield, Massachusetts; and Wilmington, Delaware. Rice, Williams Associates staff have the statistical training, practical survey experience, and in-house computer capability to insure reliability of results. All surveys are accompanied by a report summarizing and interpreting the relevant data, including recommendations for incorporating the results into the public record and using them as the basis for future planning and evaluation. 5 J31 Task 3 Analysis of Compliance and Ordinance Development Rice, Williams Associates would evaluate the company's compliance with the provision of the licenses and ordinances in conjunction with the City cable office. Issues already identified by the City would be reviewed in detail. The transfer issue mentioned in the City's RFP would be focused on as it could be a major non-compliance issue. Any issues raised in the triennial reviews will also be addressed. Following are some of the areas that Rice, Williams Associates typically analyze for compliance: ■ construction completion ■ performance of street work ■ system technical standards ■ adherence to City procedures (e.g., transfer of ownership or control); ■ insurance, indemnification, and performance bond ■ use of poles and facilities agreements ■ system extension, operations, standards and procedures ■ required channels (stations) provided ■ availability of books, maps, records, and specially requested information and reports ■ compliance with state and federal laws ■ community programming, equipment, and services ■ consumer billing practices ■ privacy ■ franchise fee ■ complaint logs, service requests and other information in local files pertinent to determination of compliance. After our initial evaluation of the Iowa City Broadband Telecommunications Franchise Enabling Ordinance, we would suggest a focus for amendments be in the areas of consumer protection and systems construction. In the regulatory area we would discuss any current problems with the BTC and Specialist that should be addressed in a revised document as well as ensuring the ability to take advantage of future regulatory authority. The City's franchise and ordinance and City records on system compliance will be reviewed by Rice, Williams Associates to determine if additional information is needed. Should this be the case, Rice, Williams Associates will prepare a request for information for the City to provide to the company. The information provided will be analyzed and a determination of the company's compliance with the legal and technical elements of the franchise and ordinance will be made. Rice, Williams Associates will also review the companies' consumer service reports as submitted to the City. Rice, Williams Associates will also analyze City's ordinance and franchise. Provisions to be reviewed and discussed may include: Definitions ■ Regulation of Franchise ■ Supervision of the Franchise ■ Performance Evaluation X31 Design and Construction Provisions ■ Construction and Technical Standards ■ Dedicated Institutional and Access Channels ■ System Construction Schedule ■ Extension of Service ■ Special Agreements ■ Construction Reporting Requirements ■ Use of Streets ■ Tests and Performance Monitoring Service Provisions ■ Community Programming and, Services ■ Calendar for the Provision of Programming Equipment ■ Personnel and Facilities ■ Community Programming Funding Structure and Payment Schedule ■ Services to Subscribers ■ Services to Institutions ■ Lockout Devices Operation and Maintenance ■ Reports Required ■ Records Required ■ Service Calls and Complaint Procedures ■ Billing and Collection Procedures ■ Antennas and Antenna Switches ■ Grantee Rules and Regulations Where appropriate, Rice, Williams Associates will provide assistance to the City in the development of an updated ordinance to insure compliance with changes in cable regulatory policy. In conjunction with City staff, Rice, Williams Associates will also conduct a general review of the franchise and ordinance to insure that they contain provisions of importance to the City for ongoing regulation and administration of the franchise. This review will identify and evaluate the specific regulatory and contractual controls that are available to the City. VI J31 Task 4 Technical Analysis Rice, Williams Associates would be pleased to provide a technical analysis of the cable system. The analysis would focus on the status of the existing system and where applicable, the options for upgrade and rebuild. Rice, Williams Associates will assess fhe technical performance of cable plant and will compare the findings to industry standards. An initial review of the insults of proof of performance tests submitted to the City will be performed and a review of the systems maps will be conducted. Based on these tests, the system maps, system performance records, and information provided by City representatives, Rice, Williams Associates will perform an on-site technical review. The technical review includes testing of the system. Rice, Williams Associates will prepare the testing procedures for a spot check evaluation of the system. The tests will determine the current operating status of the headend and distribution system. These tests will determine the overall integrity and construction quality of the plant by reviewing connections, drops and amplifiers. Tests will be conducted to analyze the signal quality and level and the attenuation in the cable itself. Quantitative measurement will determinate critical performance factors such as signal-to-noise interference levels. Radiation will also be spot checked. The technical analysis will include focusing on those channels where significant problems with signal quality, variable volume levels, and related problems have been identified. Information relating to the specific engineering design parameters will be obtained from the cable system's engineering staff to analyze the system's theoretical performance capabilities. Parameters to be examined will include technical performance specifications of the electronic amplifiers and passive components, coaxial cable, headend, and subscriber coupling equipment. The operating parameters for the individual elements for the individual elements of the system such as amplifier output levels, physical spacing, and other operational characteristics define the expected performance levels. A mathematical computer model will be used to calculate the expected performance characteristics for the cable system based on the number of cascaded trunk amplifiers, distribution amplifiers, and subscriber tap levels. The purpose of this exercise will be to define expected performance levels for the system based on specifications as provided by individual equipment manufacturers. The expected design performance will be used as a criterion for evaluating whether or not the system is properly adjusted to manufacturer's specifications. The plant evaluation tests will be performed on individual trunk and distribution amplifiers to ascertain physical condition to determine the network performance characteristics. The tests will be based on generally accepted test procedures for key parameters. Rice, Williams Associates's engineer will select test locations and supervise the tests. Our past experience with testing numerous cable systems indicates that this is the most desirable procedure since it affords us an opportunity not only to perform the test, but also to evaluate the ability of the cable system staff to perform regular tests. Prior to performing the tests, we will prepare a test procedure protocol which will outline the specific tests to be conducted and equipment block diagrams for each 3 X31 test. Data sheets used to summarize the results of the testing at each test location will be prepared to serve as a permanent record of the test results. Tests for the following performance parameters will be performed as a part of the proof -of -performance testing: ■ Carrier amplitude levels ■ Peak -to -valley frequency response 0 Signal-to-noise measurements a Hum modulation ■ Composite triple beat tests ■ Intermodulation tests ■ System radiation ■ Subjective viewing tests. Inspection will be made of the headend facility for the major components used for receiving satellite and off -air broadcast signals. Equipment to be inspected includes antennas, satellite dishes, receivers, modulators and demodulators. Tests will be performed using standard equipment to evaluate picture quality, clarity, and signal-to-noise characteristics. The field inspection process, and testing results will be compared with FCC specifications and any performance claims made in the franchise agreement. An evaluation will be made to determine compliance with generally accepted performance standards adopted by the National Cable Television Association. Rice, Williams Associates sill prepare and review possible channel capacity configurations including upgrade and rebuild (e.g., 42, 54, 60, 72) for the City. Special attention will be given to the need to rebuild and the useful life of the equipment. Following are types of equipment that will be included in the analysis: ■ Tower and Antennas ■ Satellite Earth Station ■ Headend Equipment ■ Distribution Trunk ■ Feeder Cables ■ Institutional Network ■ Subscriber and Institutional Terminals ■ Emergency Alert ■ Local Programming Equipment ■ Enhanced Services. A report will be prepared documenting the testing process. The report will include definitive findings on the system, including its technical performance and an analysis of the feasible options for and technical requirements of a system upgrade or rebuild. 0 023 1 Task 5 Development of a Request for Proposal Rice, Williams Associates will develop for renewal, in consultation with City representatives, a formal Request for Proposal (RFP). This document serves as the foundation for the renewal process in that it establishes priority areas and guidelines for the City's cable communications needs for decades to come. The cable company response to this document will constitute their proposal. Specifically, the Request for Proposal will be developed so that the following information may be obtained: Ownership Experience and Financial Resources ■ Experience of company and staff ■ Financial capability to upgrade or rebuild and operate the proposed system Financial Projections ■ Realism of financial projections ■ Equity and depreciation ■ Completeness and accuracy System Design ■ Initial coverage and line extension policy ■ Reliability and capacity of proposed system design ■ Area -wide interconnection capability ■ Underground requirements ■ Construction schedule ■ Equipment and installation capacity ■ Institutional channel capacity Service to Subscribers ■ Variety and availability of program offerings ■ Variety and availability of consumer services ■ Variety of enhanced service offerings ■ System operation and maintenance plans and personnel ■ Billing practices ■ Subscriber complaint procedures ■ Subscriber privacy practices and procedures Local Programming ■ Support for access ■ Quality and philosophy of access plans ■ Quality of local origination plans ■ Experience with local programming. The Request for Proposal will identify priorities of the City for meeting future community needs and interests as determined by the City. IN J31 Task 6 Evaluation of a Proposal Rice, Williams Associates will conduct a complete analysis of the renewal proposal as outlined in the Request for Proposal. The responses to the RFP will be checked for thoroughness, internal consistency, and accuracy of financial and technical data as required. The comprehensive analysis would include an examination of management and operating experience, system design and features, financial capability, channel usage, enhanced services, and support for access and local origination facilities and staffing. Financial Analysis. Rice, Williams Associates will conduct a financial analysis of the proposal. This analysis will include a review of the financial proforma and capital spending. Special attention will be given to evaluating the applicant's capability to provide services, facilities, and equipment. The financial analysis will be consistent with the spirit of the Cable Communications Act of 1984. One key provision of the Act states: ...the cable operator shall ensure (A) that the safety, functioning, and appearance of the property and the convenience and safety of other persons not be adversely affected by the installation or construction of facilities necessary for a cable system; (B) that the cost of the installation, construction, operation, or removal of such facilities be bome by the cable operator or subscriber, or combination of both for any damages caused by the installation, construction, operation, or removal of such facilities by the cable operator, and (C) that the owner of the property be justly compensated by the cable operator for any damages caused by the installation, construction, operation, or removal of such facilities by the cable operator. Sec. 621.(a)(2), 47 U.S.C. Sec. 541(a)(2). Consistent with the Cable Act, we will establish whether the cable operator has provided sufficient financial information to assure the City that it will be able to comply with these aspects of the general requirements. The financial analysis of the company's proposal will provide the City with an essential profile of the cable operator's plans for the future. Fust, the system's basic characteristics will be described and analyzed. This part of the analysis focuses on such items as homes passed, subscriber levels and penetration. Next, the operator's financial proforma are examined in detail. Income statements and Sources and Uses of Funds statements are reviewed to assess profitability. As franchise fee payments are typically based on gross receipts, the City's interests are affected by the sales performance of the system. Operating expenses are examined in detail from two perspectives. First, the operating expense budget is reviewed from a viewpoint of adequacy. For example, are staffing levels and the salaries budget adequate to provide satisfactory service to subscribers? Are projected expenses for community 11 0?3 ) programming sufficient? Second, operating expenses are reviewed from a viewpoint of efficiency. For example, are amounts allocated as corporate overhead expense reasonable or excessive? Capital spending is reviewed to determine the rate of reinvestment in plant and equipment. Are capital expenditures consistent with normal industry practices on replacement and maintenance? In conjunction with an analysis of balance sheet data, rates of return on invested capital are calculated. The plan outlined above will subject the proposal to an evaluation based on reasonable financial criteria. The analysis also will assist the City in determining the reasonableness of the financial plans and the ability of the applicant to provide the service proposed on a nondiscriminatory basis. In addition, the overall financial ability of the company to meet the future needs of the community will be assessed. One important factor for denial of an application is financial inability to perform. Since this is a factor for denial, it needs to be a concern during the analysis. Rice, Williams Associates has worked with many clients in assessing the financial plans of prospective franchisees and renewal applicants. Through these experiences, we have seen and evaluated a variety of financial plans, proforma, and ownership structures of MSOs, and independent cable companies. We have considered such factors as hurdle rates, operating ratios, and operating margins. The data generated from the financial analysis forms a sound foundation for better understanding of the system and provides valuable data in framing renewal negotiation requests, and the data necessary to evaluate the financial capacity and proposed business plans of the company. Technical Considerations. The technical considerations component of the evaluation will be multifaceted. It will cover: ■ the adequacy, in terms of reasonableness, achievability and effectiveness, of system performance, maintenance schedule, equipment packages, subscriber equipment, and terminals; ■ whether or not a proposed system or rebuild is state-of-the-art; ■ whether or not the applicant provides manuals and information which indicate that they are technically able to provide and maintain such state-of-the-art equipment and systems; ■ whether or not such equipment is of good quality; ■ whether the proposal for public, educational, and access facilities and equipment are reasonable. An examination will be made of the applicant plans for the construction and implementation of the cable television network. Construction and service schedule will be reviewed. Timeframe proposed for completion of construction will be evaluated. The adequacy of timeframe for pre - construction activities such as utility make-ready, utility agreements, zoning approvals, and any other 12 Q31 types of construction authorizations that are necessary will be analyzed. Typically, the construction method utilized, and the number of construction crews are major factors in determining construction plans and the proposal will be analyzed accordingly. A major factor influencing the reliability and general operation of cable systems relates to construction techniques. CATV hardware, such as cable, taps and other passive elements, and amplifiers tend to be rugged and of standard construction. In contrast, the actual implementation of the system, particularly in regard to placement of cable and cable splicing, greatly influences the performance of the system. It is important to determine whether the applicant plans are based on proven construction techniques. The construction manual, provided by applicant, will be reviewed for adequacy and consistency with current industry practice. The key elements of system design will be the transport system, bandwidth and transmission characteristics, processing equipment, satellite receiving equipment, and overall system level design criteria. These and other factors involved in the overall system design will be reviewed, including subscriber terminal equipment, system reliability and maintenance, and interconnection to neighboring cable systems and facilities. Upstream capacity and the proposal to activate such will be analyzed. Should the applicant propose an institutional network, an analysis similar to the one of the technical components of the system, including the overall design will be provided of the institutional network. The "split of the network" will be reviewed for its capacity and compatibility with existing data terminal and processing equipment. Our report will examine transmission characteristics between the subscriber network and any institutional network as proposed. Specialized items, such as standby power, subscriber terminals, fiber optics, and emergency alert systems, will be analyzed for their state-of-the-art nature and integration within the entire network. Any interconnection plans will also be reviewed. Another area that will be reviewed is how the design will impact overall technical system performance. The report to the City will include an overall description of the system proposed by the applicant; system characteristics; channel capacity; program reception facilities; the number of plant miles; and any special equipment to be noted, such as off premises equipment. An analysis of whether the system and equipment is state-of-the-art will be provided. Overall system reliability will be an evaluation criterion. Other criteria include the reasonableness and achievability of each component of the technical proposal. The technical analysis will be subsequently integrated with the financial analysis to determine the financial viability and practicability of the proposed system design and construction schedule. Services. We will review the services proposed by the applicant. To initiate this analysis, we will provide charts which summarize the proposed signal carriage and channel allocations. This will include tiers of service and provisions in the following areas: ■ local broadcast signals; ■ imported television broadcast signals; ■ satellite services; 13 ,03l ■ pay cable service; ■ nonbroadcast television channels; ■ channels designated for PEG communications; ■ channels designated for local origination; ■ audio services; ■ nonbroadcast audio simulcast; ■ other services (PCNs, PCSs, interactive services, etc.). Based on these summaries, we will evaluate the overall diversity and provision of service to classes of users. Public, Educational and Government Access. The applicant's proposal for public, educational, and government access facilities, equipment, and services will be evaluated. One of the initial assessments to be made is whether or not the operating budget proposed is within the confines of the services aspect of cable under the access provisions of the Cable Act or whether the applicant anticipates that franchise fees will be utilized. The match between the operators plans and City plans in this area will be reviewed. The operating budget for the applicant will be reviewed in terms of equipment funding, annual services, and total funding. Should the offer be tied to per subscriber values or percents of gross revenues, or to minimums that will be provided, those will be reflected in our analysis. The operating budget, if requested, will be analyzed for the amount allocated to staff for maintenance, training, and public relations and/or advertising. In addition to the operating budget, we will look closely at the facilities and equipment that are proposed to be offered. An examination will be made of initial capitalization, replacement costs, and any renovation expenditures. Other areas such as channel allocation will be reviewed. Channel allocations that are provided to access will also be analyzed with the assistance of the City to determine whether they adequately meet community needs. Overall, access and other related public benefits will be evaluated in a thorough and comprehensive manner, and will entail an analysis of the applicants equipment package, budget, operational support and expenditures and adequacy of the overall plan. A major factor for the City's determination of whether to award a franchise will be whether the applicant illustrates the financial, legal and technical ability to provide the services promised. We will take a rigorous approach to our analysis of each component of the proposal as well as conduct a review of the integrated whole. Questions or determinations of inability in any of the three areas will be brought to the City's attention with an explanation of the bases for such detertination. If any such problems are discemed, it will be critical for the City to be on firm and reasonable grounds in making such a determination and proceeding as appropriate. Another area which will be analyzed is whether the applicant has met the minimum requirements as set forth by the RFP. This will be important in ensuring that residents receive the 14 I=P3 l services that are needed and that the City is protected in the future. Minimum requirements are, as the name indicates, the minimum that can reasonably be expected. Any applicant not proposing the minimum requirements will be identified in our report. The final area that will be analyzed is whether the applicant proposal meets the future community needs of the City. We will assist the City in making this determination. If additional information or clarification of any information provided in the proposal is needed, Rice, Williams Associates will prepare clarification questions for the City to submit to the company. Based on this information, Rice, Williams Associates will make recommendations to the City on the renewal proposal and the compatibility of the proposal with the goals established by the City. IFo7 as1 Task 7 Participation in Neeotiations Consultant will participate with the City in negotiations. Rice, Williams Associates has extensive experience in assisting municipalities with negotiations and development of agreements. The firm is currently working in the area of negotiations with a number of cities and has had great success in working with these cities in achieving their goals for renewal Consultant, in the person(s) of Jean Rice and/or Don Williams, agrees to act as chief spokesperson for the City in all negotiating sessions held with the Cable Vendor, and to provide for the services of Consultant's other professional staff or associates, as needed, during such negotiating sessions. As directed by the City, Consultant will advise the City in all matters related to the negotiation of a new franchise agreement, including the formulation of priorities, goals, and strategies for successful completion of the negotiating process. 16 CZ31 Task 8 Other Rice, Williams Associates has conducted numerous overbuild and buyout studies for city governments. We would be pleased to provide some of the services we provide to cities interested in municipal ownership. The services are: ■ legal authority analysis ■ financial proforma development ■ assessment of most advantageous financing methods ■ technical analysis ■ structural analysis. If the City would like any additional information on these services, please let us know. We have had extensive experience in the development of preliminary denial statements and administrative proceedings required under the Cable Act. A number of methodologies are possible to use and we can discuss the pros and cons of the various options with the City. Our experience in this area provides an excellent background for assisting the City if it should choose to deny the current operator. Additionally, we have worked with several cities which have had requests from overbuilders for a second franchise. One such process that we are working on is for the City of Carlisle, Pennsylvania. mg \mftcope. 17 Q31 ADDENDUM GENERAL TERMS A. Should the City terminate the Agreement, the Consultant shall be paid on the basis of work and services satisfactorily performed up to the time of termination. However, such sums shall not be greater than the "not to exceed" amount listed in the "Cost of Services" section of this agreement. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. B. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be made without the written consent of all parties to said Agreement. C. It is understood and agreed that the retention of the Consultant by the city shall be as an independent contractor and not as an employee; shall be exclusive with the Consultant executing this Agreement; and the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. D. It is agreed by the City that all records and files pertaining to information needed by Consultant for the Project shall be made available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. E. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. F. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for City's use of such documents. G. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. H. Should any section of this Agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. mgrlasst%ad d end u m. gt a31 RESOLUTION INO. 91-232 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Diamond Dave's Taco Co. - 201 S. Clinton Suite 281 J.T. Connolly's Tobacco Bowl - 111 S. Dubuque Street It was moved by Novick and seconded by Horowitz that the Resolution as read be adopted-, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Courtney x Horowitz x Kubbv x Larson x McDonald x Novick x Passed and approved this 17th day of September , 19 91 Attest: %%Ja rcJ X .uJ City�-Clerk lim 3N\'-) RE -5 SP, RESOLUTION NO. 91-233 RESOLUTION ADOPTING SUPPLEMENT NUMBER 49 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 49th supple- ment to the Code of Ordinances of the City of Iowa City,oT wa and, WHEREAS, it is deemed appropriate to adopt supplement number 49 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 49 to the Code of Ordinances of the City of Iowa City, Iowa, atta�eeto this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Novick and seconded by Horowitz the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 17th day of September , 1991 ATTEST: 6rred By City Attorney's Office e- 1 �7/ �033 RF_s ZW� RESOLUTION NO. 91-234 RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO LEVY A TAX FOR THE SUPPORT OF THE PUBLIC LIBRARY BEFORE THE QUALIFIED ELECTORS OF IOWA CITY AT THE GENERAL CITY ELECTION OF NOVEMBER 5, 1991. WHEREAS, Sections 384.1211) and (20), Code of Iowa (1991) provide that a City may impose a tax, in an amount not to exceed twenty-seven cents per thousand dollars of assessed value, for the support of a public library, subject to petition and referendum; and WHEREAS, Section 362.4, Code, provides that a petition requesting such referendum must be signed by eligible electors equal to 10% of persons voting in the last regular City election; and WHEREAS, the City Clerk for the City of Iowa City has received such petition, dated September 6, 1991; and WHEREAS, Section 364.12(1)(a) requires that upon receipt of such a petition, the City Council shall submit the question of whether a tax shall be levied to the voters in the next regular City election; and WHEREAS, state law also provides that if a majority of persons voting approve the levy, it shall be imposed, Section 384.12(20), Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the next general City election of November 5, 1991: 'Shall the City of Iowa City levy a tax not to exceed twenty-seven cents per thousand dollars ($.27 per $1,000) of assessed value of taxable real property, for the support of the Iowa City Public Library, as authorized by Chapter 384, Code of Iowa (199 1)? Yes No It was moved by Novick and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 17th day of September , 1991. - Ll,,A� 9--.4a:2 YOR A rov d b ATTEST: �y�.s xv CITY CLERK I City Attorney's Office WgdJib,b"," %-2-9/ 03-� J RESOLUTION NO. 91-235 RESOLUTION ACCEPTING THE WORK FOR THE FY91 ASPHALT RESURFACING PROJECT. WHEREAS, the Engineering Division has recommended that the improvements covering the FY91 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L.L. Pelling, Company, Inc., of Iowa City, Iowa dated May 1, 1991, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Novick and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBR ISCO COURTNEY HOROWITZ KUBBY x LARSON x McDONALD x NOVICK Passed and approved this 17th day of September 1 1991. 1�35 RESOLUTION NO. 91-236 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN, SANITARY SEWER, STORM SEWER AND PAVING IMPROVEMENTS FOR WHISPERING MEADOWS, PART 1 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for Whispering Meadows, Part 1 as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Whispering Meadows, Part 1 as constructed by Metro Pavers, Inc. Water main and storm sewer improvements for Whispering Meadows, Part 1 as constructed by Barker's, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Novick and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 17th day of September 1991. AYOR \ APPAOVED,AS TO FORM ATTEST: c:\counciI�accpwrk3. res torneys Uttice ,7 15Fj +(ES L --r- C93L RESOLUTION NO. 91-237 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COUNCIL CHAMBERS REMODELING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-mentioned project is to be held on the 1st day of October, 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 3. That the plans and specifications of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Novick and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i� and approved this 17th day of � �19�� AMBRISCO COURTNEY HOROWITZ KUBBY LARSON McDONALD NOVICK September , 1991. APPROVED AS TO FORM ATTEST: 'CITY CLERK ity Attorney's Office cm _ q s � rL RESOLUTION NO. 91-238 A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY PROPERTY, TO WIT, A VACATED PORTION OF LAFAYETTE STREET RIGHT- OF-WAY GENERALLY LOCATED BETWEEN MAIDEN LANE AND SOUTH GILBERT STREET IN IOWA CITY, IOWA, SUBJECT TO RETAINING CERTAIN UTILITY EASEMENTS. WHEREAS, this City Council did, pursuant to Ordinance No. 91-3506 , approved September 17, 1991, vacate that portion of the Lafayette Street right-of-way lying between Maiden Lane and South Gilbert Street, described as follows: Beginning at a 1" bar found marking the NE corner of said Lot 1; thence N90000'00" W - 79.05 feet along the north line of said Lot 1 to a 5/8" rebar found marking the NW corner thereof; thence N 15045'00" E - 25.46 feet to a set 5/8" rebar; thence S 81018'18" E - 72.87 feet along a line parallel to and 11.0 feet south of the existing south curb line to a set 5/8" rebar; thence S 0026'27" E - 13.49 feet to the Point of Beginning. Said vacated parcel contains 0.03 acres or 1.454 s.f., more or less. WHEREAS, this City Council did, pursuant to Resolution No. 91-223 dated September 3, 1991, declare its intent and proposal to dispose of portions of vacated Lafayette Street rights-of-way, to David Steve; WHEREAS, the City Council did authorize publication of notice of this proposal to convey said property, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal held September 17, 1991; and being fully advised as to the merits of said proposal, including partial consideration for the City's obtaining and/or retaining certain easements; and having given full study and consideration, this Council deems that the proposed conveyance of said portions of vacated street rights-of-way constitutes excess City property, and that disposal is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and City Clerk be and are hereby authorized, empowered and directed to execute and deliver a quit claim deed conveying the City's interest in said vacated portions of Lafayette Street rights-of-way to David Steve for and in consideration of the SUM of $ 799.70 , subject to providing a five-foot landscaped area planted with evergreen shrubs, which grow to a maximum of three feet in height, around the perimeter of the parking area proposed on this and the adjacent site, a minimum of two large street trees on the site, the reconstruction of the sidewalk along the north side of the property (plans to be approved by the City Forester and -Public Works Department), the prohibition of access from the proposed parking lot to Gilbert and Lafayette Street, and the retention of easements for public and private utilities. ME Resolution No. 91-238 Page 2 2. That the City Attorney be and is hereby authorized, empowered and directed to deliver said quit claim deed to David Steve, on payment of consideration as indicated by the foregoing, and subject to approval by the Legal Department of the said Utility Easements to be granted to and/or retained by the City. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 17th day of ATTEST: CI CLERK ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick as7 RESOLUTION NO. 91-239 RESOLUTION APPROVING FINAL PLAT OF APPLE RIDGE SUBDIVISION. WHEREAS, thq owner, Greg Apel, has filed with the City Clerk the final plat of Apple Ridge Subdivision, Iowa City, Johnson County, Iowa, and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N88019'30'W, along the North Line of said Southeast Quarter of the Northwest Quarter of the Southwest Quarter, 384.95 feet, to a point on the Centerline of Weeber Street and the Point of Beginning; Thence Southwesterly 120.56 feet along said Centerline on a 130.00 foot Radius Curve, concave Northwesterly, whose 116.29 foot chord bears S28 014'1 3"W; Thence S54048'1 8 "W, along said Centerline, 29.00 feet; Thence Southwesterly 88.00 feet, along said Centerline on a 182.00 foot Radius Curve, Concave Southeasterly whose 87.14 foot chord bears S40157'1 2"W; Thence S62053'54"E, 159.00 feet; Thence S01 040'30"W, 223.00 feet; Thence S02022'29"W, 217.72 feet; Thence S87058'58"E; 83.33 feet; Thence S02022'29"W, 87.92 feet, to a Point on the Northerly Right -of -Way Line of Iowa Highway No. 1; Thence S46055'28"W, along said Northerly Right -of -Way line, 165.55 feet; Thence S37°01'33"W, along said Northerly Right -of -Way line, 490.62 feet, to a point on the Easterly Line of part Two Bryn Mawr Heights in accordance with the Plat thereof Recorded in Plat Book 6 at Page 48, Records of the Johnson County Recorder's Office; Thence NO2044'30"E, along said Easterly Line 882.20 feet, to the Northeast Corner thereof, and the Southeasterly Corner of Part One Bryn Mawr Heights in accordance with the Plat thereof Recorded in Plat Book 6 at Page 12, of the Records of the Johnson County Recorder's Office; Thence continuing NO2 °44'30"E, along the East Line of Said Part One Bryn Mawr Heights 420.31 feet; Thence S88037'40"E, along said East Line, 129.97 feet, to the Southwest Corner of Weeber's First Addition, in accordance with the Plat thereof, Recorded in Plat Book 9 at Page 13, of the Records of the Johnson County Recorder's Office; Thence S88 ° 19'30"E, along the South Line of said Weeber's First Addition, 154.39 feet, to the Point of Beginning. Said Tract of Land contains 7.42 acres more or less, and is subject to easements and restrictions of record. and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and subdivision, and have recommended approval subject to the unpaved portion of Edingale Drive not being opened as a public right- of-way until such time as the City designates it such; and WHEREAS, said final plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said final plat and subdivision be accepted and approved subject to the unpaved portion of Edingale Drive not being approved as a public right-of-way until such time as the City designates it as such, and the maintenance of Lot 22 being assigned to the owner of Lot 22; the owner has the option of assigning the maintenance of the stormwater basin on Lot 22 to the homeowners association. If Lot 22 becomes the asy Resolution No. 91-239 Page 2 responsibility of a government entity, the maintenance of the stormwater basin is automatical- ly assigned to the homeowners association; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHERAS, it is in the interest of public safety that the unpaved portion of Edingale Drive not be opened as a public right-of-way until such time as the City designates it as such; and WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of Iowa, and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said final plat and subdivision located on the above-described real estate be and the same are hereby approved subject to the unpaved portion of Edingale Drive not being approved as a public right-of-way until such time as the City designates it as such, and the maintenance of Lot 22 being assigned to the owner of Lot 22; the owner has the option of assigning the maintenance of the stormwater basin on Lot 22 to the homeowners association. If Lot 22 becomes the responsibility of a government entity, the maintenance of the stormwater basin is automatically assigned to the homeowners association. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute all legal documents, upon the approval of the City Attorney, relating to said subdivision, and to certify a copy of this Resolution to the Office of the Johnson County Recorder. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: X X X y_ X X X Passed and approved this r- '9A E ��ii►i"Uf� ATTEST: 17th NAYS: day of ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick ppdedmin\applerdg.res I i+`e1288 r3::4 i .. asp A EP m 0 STATE OF IOWA ) JOHNSON COUNTY ) SS CITY OFIOWA CITY I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa,' do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 91-239 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 17th day of September 19 91 , all as the same appears of record in my office. — Dated at Iowa City, Iowa, this 19th day of September , 19 91 1 / is'L44n Z,iZ2/ Marian K. Karr City Clerk L;ORPCRATE SEAL ='1288 45 CI11C CECT ER . 410 E NAS H I N G T ON ST ri IOU CIT1 10%A 3:.10-1816 PHONE (3 19) 336.6000 -9�'9 FA%(319) 376-3009 `-'( a a i I CITY OFIOWA CITY STATE OF IOWA c /y _ 1\ SS th rN JOHNSON COUNTY ) YY �� hl I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, �L do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 91-240 which was passed by the City Council of Iowa City, Iowa at a regular meeting held on the 17th day of September 19 91 , all as the same appears of record in my office. Dated at Iowa City, Iowa, this 25th day of February 19 924 • Marian K. Karr City Clerk CWORATE SEAL 1-e1332 CIVIC CENTER • 410 E. WASHINGTON ST. IOWA CITY IOWA 51140-1816 _ 0, U13�J6 - E 9 2 t-tB 2v AS u- 30 PHONE (319) 356-5000 FAX (319) 336-3009 RESOLUTION NO. 91-240 RESOLUTION AUTHORIZING EXECUTION OF TWO PERMANENT SAMPLING WELL EASEMENT AGREEMENTS NEEDED TO CARRY OUT THE IOWA CITY WATER SUPPLY PLAN, TO BE LOCATED IN THE BURIED CHANNEL AQUIFER. WHEREAS, the City of Iowa City has determined, through a Comprehensive Water Supply Plan, that Iowa City's future water supply needs are not able to be reasonably met within the City's jurisdictional boundaries, and that the City's current water supply will soon be inadequate, both in quantity and quality, to meet the long-term domestic water needs of its residents, and to satisfy state and federal regulations; and WHEREAS, a potential source of raw water is believed to exist in a Buried Channel Aquifer located south and west of Hills, Iowa, and also in an Alluvial Aquifer located south and east of Iowa City, Johnson County, Iowa; and WHEREAS, the City Council of Iowa City has determined that sampling wells and testing procedures could help determine whether the water located in the alluvial aquifer and the channel aquifer could be used for the beneficial use of the citizens of Iowa City, while simultaneously protecting the reasonable and beneficial use of the land owners involved; and WHEREAS, the City Council has further determined that acquisition of certain easement rights are needed for the construction and access to various sampling wells, in order to conduct geophysical testing and surveying, and that said sampling wells, tests and surveys are for a valid public purpose in order to protect the safety and health of its residents; and WHEREAS, in the event tests from the sampling well(s) indicate the City should proceed to a test - pumping stage, to be done on well(s) other than the sampling well(s) herein and at locations yet unknown and unidentifiable, the City of Iowa City recognizes its obligation to protect the undersigned Owner's water supply in order to assure the Owner of its continuing customary and beneficial use of its property, and to protect the reasonable enjoyment of the Owner's land; and WHEREAS, the undersigned property owner has agreed to certain terms and conditions herein, in order to permit City of Iowa City's use of owner's land located in Johnson County, Iowa, for the purpose of constructing sampling wells and performing water and geological testing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Council finds the two Permanent Sampling Well Easement, Temporary Construction Easement and Permanent Access Easement Agreements attached hereto and incorporated by reference herein to be in the public interest, and said Agreements are hereby approved as to form and content. 2. The Mayor and City Clerk are hereby authorized to execute and attest the two Permanent Easement Agreements, for recordation in the Johnson County Recorder's Office. %7+4O Resolution No. 91-240 Page 2 3. The City Attorney is hereby directed to carry out all necessary actions in order to complete said transactions; as required by law. It was moved by Larson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x —x X x Passed and approved this 17th day of ATTEST: /`(2z 7 7e,, CITY'CLERK nNegaRsampwell.res ABSENT: YOR Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by ity Attorney's Office foato PERMANENT SAMPLING WELL EASEMENT, TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT ACCESS EASEMENT AGREEMENT WHEREAS, the City of Iowa City has determined, through a Comprehensive Water Supply Plan, that Iowa City's future water supply needs are not able to be reasonably met within the City's jurisdictional boundaries, and that the City's current water supply will soon be inadequate, both in quantity and quality, to meet the long-term domestic water needs of its residents, and to satisfy state and federal regulations; and WHEREAS, a potential source of raw water is believed to exist in a Buried Channel Aquifer located south and west of Hills, Iowa, and also in an Alluvial Aquifer located south and east of Iowa City, Johnson County, Iowa; and WHEREAS, the City Council of Iowa City has determined that sampling wells and testing procedures could help determine whether the water located in the alluvial aquifer and the channel aquifer could be used for the beneficial use of the citizens of Iowa City, while simultaneously protecting the reasonable and beneficial use of the land owners involved; and WHEREAS, the City Council has further determined that acquisition of certain easement rights are needed for the construction and access to various sampling wells, in order to conduct geophysical testing and surveying, and that said sampling wells, tests and surveys are for a valid public purpose in order to protect the safety and health of its residents; and WHEREAS, in the event tests from the sampling well(s) indicate the City should proceed to a test pumping stage, to be done on well(s) other than the sampling well(s) herein and at locations yet unknown and unidentifiable, the City of Iowa City recognizes its obligation to protect the a-40 2 undersigned Owner's water supply in order to assure the Owner of its continuing customary and beneficial use of its property, and to protect the reasonable enjoyment of the Owner's land; and WHEREAS, the undersigned property owner has agreed to certain terms and conditions herein, in order to permit City of Iowa City's use of owner's land located in Johnson County, Iowa, for the purpose of constructing sampling wells and performing water and geological testing. NOW, THEREFORE, this Easement Agreement is made and entered into by and between the PROPERTY OWNERS and the City of Iowa City, Iowa, a municipal corporation ("CITY") (sometimes referred to collectively herein as "PARTIES"). IN CONSIDERATION OF THEIR MUTUAL PROMISES AND FOR VALUABLE CONSIDERATION, PARTIES HEREBY AGREE AS FOLLOWS: 1. Prop" Sand Road Farms, Ltd., an Iowa Corporation, hereafter OWNER, owns certain land located south of Iowa City in Johnson County, Iowa, more particularly described as follows: See Attached Exhibit B, ("Property°). 410 M 2. Ownership a. Owner acknowledges that legal title to the Property is held in the name of Sand Road Farms, Ltd., an Iowa corporation, with a mailing address of Box 2150, Iowa -- City, City, I A 52244 subject to a mortgage held by Hills Bank and Trust, Hills, Iowa. b. OWNER acknowledges that all farm tenancy rights will be subsumed into OWNER's lump sum payment, as set forth below. 3. Owner's Right to Convey Easement For the sole purpose of permitting the City of Iowa City, Iowa ('CITY') to dig and construct a two (2) inch diameter Sampling Well on a portion of OWNER's Property, and to conduct testing of the water supply, the undersigned OWNER states that it is the true OWNER of certain real property/land described in the plat attached hereto as Exhibit A, which Exhibit is incorporated herein by reference, that OWNER is lawfully seized and possessed of said land, and that OWNER has good and lawful right to convey this Easement. JAJV 4 4. Permanent Sampling Well Easement Temporary Construction Easement and Permanent Access Easement In consideration of a lump sum payment of $5,000.00 and in further consideration of the mutual promises herein, OWNER conveys to CITY an exclusive Permanent Sampling Well Easement, Temporary Construction Easement, and Permanent Access Easement, for the purpose of constructing, operating, maintaining, repairing, using and reconstructing a two (2) inch diameter Sampling Well and related appurtenances in, over, and across certain real property owned by OWNER and described in Exhibit A. Said Easement described in Exhibit A shall hereafter be referred to as "Easement Area." OWNER and CITY agree that the Temporary Construction Easement, as set out in Exhibit A attached hereto, shall terminate twenty-four (24) months after the date of execution of this Easement Agreement or at CITY's option, whichever is earlier. 5. Permanent Access Easement OWNER acknowledges a Permanent Access Easement shall be available to CITY via reasonable routes over OWNER's Property in order to gain access to the Easement Area. PARTIES agree said Access Easement is being provided to the CITY for the sole purpose of securing access to the Sampling Well and Easement Area, shall be limited solely to ingress and egress of persons authorized by the CITY to enter thereon, and for ingress and egress of equipment needed to construct, repair and monitor the Sampling Well. CITY specifically agrees that said reasonable routes of access shall be selected in cooperation with OWNER, so as to minimize intrusion and 10140 5 damage of the Easement Area and the OWNER's Property and to reasonably protect OWNER's Property, and CIN specifically agrees to take Into consideration ground and weather conditions prior to entry. Any portion of OWNER's Property or any portion of the Easement Area damaged in the course of CIN's ingress and egress shall be promptly repaired, replaced or restored by CIN to substantially its prior condition. 6. Lump Sum Pavment OWNER, as listed above in Paragraph 2 and collectively referred to herein as 'OWNER," acknowledges and accepts the lump sum payment set forth above in Paragraph 4 as full and just compensation for the Easement rights conveyed to the CIN herein, and OWNER specifically acknowledges and agrees that the lump sum payment is intended to and does compensate any and all damages that occur or may occur to the Easement Area (other than for access), including crop damage; loss of crop productivity due to soil or other disturbance; nutrient loss; removal of trees or shrubs; removal or disturbance of other natural site features; disturbance or removal of unnatural site features such as erosion control or special drainage measures; and in the event of CIN's abandonment of the Sampling Well, cost of pumping apparatus to render the Sampling Well usable by the OWNER. PARTIES agree distribution of the lump sum payment between and among the various Property interests as OWNER(s) and as listed in Paragraph 4 above is strictly a private matter between the various owner/lnterests herein, and that CIN is not responsible for distribution other than the obligation to make a one-time, lump sum payment. caAfo OWNER acknowledges and agrees that CITY will not be responsible for any consequential damages during the term of this Permanent Easement Agreement, including but not limited to any loss of business, loss of earnings, loss of employment, or loss of business opportunity. 7. CITY's Construction of Sampling Well In return for this Easement from the OWNER, CITY promises and covenants to construct a two (2) inch diameter Sampling Well on OWNER's property, to be located on the Easement Area described in Exhibit A attached hereto, and to be used exclusively by the CITY during the water sampling stage of the Comprehensive Water Supply Plan. If CITY elects to abandon the two-inch Sampling Well, for whatever reason, OWNER shall have the option to assume ownership of the abandoned well. In such event, OWNER agrees to assume all responsibility for the well, including maintenance, repair and replacement of any parts thereof. See Paragraph 14 on abandonment procedures. a. Sampling Wells Stage CITY agrees to use the Sampling Well to periodically test and monitor water quality and water level in the aquifer believed to be located below and beneath OWNER's Property and below the Easement Area. CITY agrees to restrict its. use of this Sampling Well to testing purposes, including bailing and flushing of the Well for water samples, and will perform no pumping in the Sampling Well. CITY agrees to provide all data obtained from Cr1Y's Sampling Well to OWNER on a continuing basis. .04(G 7 b. Test-Pumpin4 Staoe In the event results of the testing and monitoring of the Sampling Wells in the burled channel aquifer indicate further study is appropriate, and if CITY elects to proceed to the test -pumping stage of the Plan, CITY may commence test -pumping from a well other than the Sampling Well herein. CITY and OWNER now acknowledge that said other "test -pumping well" location(s) are not known to CITY, and thus not yet identifiable. PARTIES acknowledge that CITY specifically agrees not to start test -pumping unless and until CITY has given at least fourteen (14) calendar days written notice to OWNER of CITY's intent to commence such pumping, and the expected duration of said test -pumping. Said Notice shall be by way of Personal Delivery to OWNER or OWNER's authorized agent. CITY further agrees that if, and when, a test -pumping well is deemed to be potentially located on OWNER's Property, CITY will enter into separate negotiations with OWNER to construct a test - pumping well on OWNER's Property, at a mutually agreeable location and a mutually agreeable amount of additional compensation. CITY agrees OWNER shall have the 'right of first refusal" for construction of such potential test -pumping well on OWNER's Property, as compared to adjoining property owners. if OWNER and CITY can agree, the terms of such Agreement shall be separately set forth in a Test -Pumping Well Easement Agreement, which shall be recorded in the Johnson County Recorder's Office at no cost to OWNER. CITY further covenants, and OWNER acknowledges, that the protections accorded OWNER and set out in Paragraph 13 herein shall be included in any such separate Test -Pumping Easement Agreement. (For Alternate Water Supply During Test -Pumping Stage, see Paragraph 13 below.) "2&{O a a. Cr1Y shall Protect Samoll_nq Well and Restore Ar MY shall have the right to drill within the Easement Area, and to grade as CIN may find reasonably necessary for the construction, operation, sampling, repair, maintenance and reconstruction of the Sampling Well. The CITY covenants and agrees to protect its Sampling Well during construction and monitoring, and to restore the Easement Area following construction to its pre -construction condition, to the extent practicable. 9. CITY's Rights of Gradinq in Easement Area CffY shall have the right to grade within the Easement Area as CIN may find reasonably necessary, and to trim and remove all trees and plants which may interfere with the exercise of the CITY's rights under this Easement Agreement. Timber and plants which are removed shall become the property of the CITY. CITY covenants and agrees that existing drives, lanes, fences, or other site features which are removed or disturbed in order to permit construction and to monitor the Sampling Well shall be replaced by MY. OWNER acknowledges the lump sum compensation set forth above for the Easements rights herein shall include compensation for all trees and plants to be removed, trimmed, or disturbed by entry and construction of the Sampling Well. a"0 9 10. Grassy Areas Reseeded CITY and OWNER agree that CrrY shall cause all grassy areas disturbed by the installation, repair, or maintenance of the Sampling Well to be reseeded within a reasonable time after disturbance, taking into consideration soil and weather conditions. 11. OWNER's Rights Preserved OWNER reserves the right to use the real property described in Exhibit A for purposes which shall not interfere with the CITY's full enjoyment of the rights granted in this Easement Agreement; provided, however, that OWNER shall not plant any trees, erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the Easement Area unless otherwise agreed upon by City, in writing. Nor shall OWNER allow or cause any substantial fill or cut to be made over said Easement Area without the written consent of the CITY. 12. OWNER's Existing Wells CITY and OWNER acknowledge that in the event CITY proceeds to the test -pumping stage of the Plan, to be performed on a well other than the Sampling Well herein, CITY has a legal obligation to protect OWNER's water supply in order to assure the OWNER of its continuing customary and beneficial use of its property, and to protect the reasonable enjoyment of the OWNER's Land/Property. To this end, CITY and OWNER agree as follows: 44O 10 a. As soon after execution of this Easement Agreement as practicable, OWNER will provide CITY with the location, number and types of existing water wells on OWNER's Property, In written and schematic form, with sufficient specific detail to enable the CITY to readily locate said existing wells on the OWNER's Property. OWNER agrees to provide this information as soon as reasonably possible, in order to enable CITY to obtain baseline information on the OWNER's existing water levels, water quality, construction and condition of the existing wells, together with the pumping apparatus, pumping rate, pumping capacity, and other factors affecting OWNER's existing wells and water supply. PARTIES agree that once this information is provided to CITY, that said information will become a part of this Easement Agreement, to be incorporated by reference; and if appropriate, to be recorded in the Johnson County Recorder's Office, at no expense to OWNER. b. OWNER agrees to provide CITY with access to the existing wells, as described by OWNER in Subsection 12(a) above, in order that the CITY may obtain data on water quality, water level and pumping capacity; and in turn, CITY agrees to share this data with OWNER at all times. 13. Alternate Water Supply During Test -Pumping Stage a. In the event CITY elects to proceed to test -pumping of well(s) other than the Sampling Well herein, which other wells' location(s) are unknown and not yet identifiable, CITY acknowledges that OWNER's existing wells now provide reasonable and adequate supply of water to the Property. During the test -pumping stage, the CITY agrees that in the event any one of the OWNER's existing wells described in Paragraph 12 above shall be unable to meet the aaqo 11 water flow needed to supply the OWNER with OWNER's customary and beneficial use, for whatever reason, then the CITY shall provide finished or treated water to the OWNER to meet OWNER demands, at no cost to OWNER. b. During the CITY's test -pumping stage, CITY also agrees to assume full responsibility for OWNER's existing water supply, including repair of OWNER's pumping apparatus, pipe repair or replacement, and supply of finished or treated water, as noted above. C. Notwithstanding subsections a. and b., OWNER acknowledges that CITY has no responsibility for acts of God, power outages which cause water supply interruption, or other events or occurrences caused by third parties which have no reasonable relationship to OWNER's water supply or CITY's activities. 14. If CITY Abandons Sampling Well OWNER agrees that CITY shall continue to own said Sampling Well installed on the Easement Area, but in the event CITY elects to abandon said Sampling Well, the OWNER shall have the option to assume full control and ownership of the well, at no additional cost to the OWNER. If OWNER so elects to assume ownership, OWNER agrees to take over the well "as is," without any guarantee on the CITY's part and without any pumping apparatus provided. CITY agrees to provide OWNER with "as built" drawings and any other records applicable to the Sampling Well. If OWNER does not elect to take ownership of the Sampling Well, CITY agrees to cap said well according to applicable rules, as set forth below. 04115 12 15. CITY's Obligation to Protect Sampling Well MY shall maintain the Sampling Well in good condition to protect groundwater from surface contaminants, and shall cap the well according to Iowa Department of Natural Resources specifications if, and when, the Sampling Well is no longer useful and OWNER elects not to assume ownership of the Sampling Well. CITY agrees to obtain all the necessary permits required for such Sampling Well, and to follow all applicable state and federal rules and regulations concerning such Sampling Wells. CITY agrees to provide information to OWNER, as needed, in order to comply with Iowa's Groundwater Hazard Disclosure Statement, to be filed upon transfer of real property in Iowa, and CITY further agrees to assist OWNER in completing such forms as may be required, from time to time, in the event of a land transfer. 16. OWNER's Obligation not to Interfere with Sampling Well OWNER agrees not to interfere with, inject or in any manner contaminate CITY'S Sampling Well within the Easement Area, and OWNER specifically agrees to inform CrtY of any interference, contamination or intrusion, of whatever nature, into the Sampling Well, and to do so regardless of the contamination source, whether the source is known, unknown or identifiable. CITY acknowledges that OWNER shall not be responsible for acts of God or other acts of third parties, but OWNER affirmatively agrees to inform CITY of any such intrusion, interference or contamination of CITY's Sampling Well as soon as practicable from time of discovery. 13 17. Easement Agreement Runs with the land The provisions of this Easement Agreement, together with any subsequent Addenda, shall Inure to the benefit of and bind the successors and assigns of the PARTIES hereto, and all promises and covenants herein shall apply to and run with the land and with the title to the land. CITY agrees to record this Easement Agreement, upon OWNER's execution, at no cost to OWNER. 18. Indemni CITY agrees to hold OWNER harmless and to indemnify OWNER against any and all claims that may arise out of this Agreement, including third -party claims. OWNER and CITY acknowledge that this Agreement shall not be construed.to create any third -party beneficiary claims, of any nature whatsoever. Dated this 17th day of September 1991. &,'A a OWNER�(S) L:r4 Z, Address OF IOWA CITY M Attest: Aaa4 Marian K. Karr, City Clerk IW 0 14 Approved By ' Attorne 's Office OWNERS'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /7 day of , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Stephen F. Bright, to me personally known, and who, being by me duly sworn, did say that he is the President and Secretary of Sand Road Farms, Ltd., an Iowa corporation, executing the foregoing instrument, that the instrument was signed on behalf of Sand Road Farms, Ltd., and that Stephen F. Bright acknowledged the execution of the instrument to be the voluntary act and deed of Sand Road Farms, Ltd., by him and by it voluntarily executed. M urMIS" DARES ._•__�,. r mn� CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) 4(! On this n z-& day of SEpr-;mR3Er2 1991, before me, S -, - a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ouliaaace) (Resolution) No. 9/- 4i4c passed (the Resolution adopted) by the City Council, under Roll Call No. --—of the City Council on the i? '= day of ernAP-A , 19_9_L_, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa n:1cada1alleg4SanRd.SB2 1340 dduT1 FO/.t/T ae"4/NN/NG, AefMA.t/EN/J' SAit'MMA/G WELL, EASE W.eF/VT N.E. G'D,P. JEL' ZG r. 76Ai, PGW., 5'='R.N s/B ,1. '/N FNO. — ,LVINr OF6EG/. INIA14. TE"t1PDRARYCDNSTQ!/GY/O.+�E6iffr I � I F I G 0 PE.P/y1�ONE,tIT lti i I o ,:UWAL/.c/G WELL I E43EAAFVrT__ io N AyE��IO I� H R'� ,o , � a�9 Iti ( PARA o� a ti p6 °ol xl� of o 3, ACG'�SS_E4SE/t1EA/T I1 , J9D'ao�ao"E ; Zo8.7/" ¢�20 O�e-E6PE � L---------�9 �P.t14NEV I AGFt's ------ 374./4 LEGEND f .N'OTES N ----------yM ___ _ Iis9 •• ® � �ES520NNL'•�CORNFAF.OU1ao _ _ — >= . ••vivo �� I — -- A CORRE69IOU1-CORNER, REESTABLISHED--- EDUR OAC'6 SUED/V/S/Oft/ ti • CONGRESSIONAL COA ER. IELmftOED LOCATION, e pRnPERTY elilENs FouNn \ . (Type_.s noted On1drawirg) o O i PROPERTY CORNERS SET \ (5/6')C0' Iron Pin v/ IS Cap) PROPERTY a/er DOUNDAH LINES ------- SECTION LINES --_ r. 7,9A/.,P.GW J''R"P NE -' NIGH -W -WAY LIScD.✓C..slOA//�MENr , CENTERLINES LINES W/•FENCE CORER Ino LINES, tNrEvuL LEGAL DESb9I`0tION " --- (m LINES, PUTTED OR DY DEED - PERMANENT'SAMPLINO WELL EASEMENT 3 ---------- EASEMENTLINES , (WdW A PtN noted) (R) RECORDED DIMENSIONS- Commencing at the East Quarter Comer of Section 26, Township 78 North, Range 6 West of the (N) rEHLVRrE° DIMENSION Fifth PrincipalMeridian; Thence N00100'00'E (an assumed bearing) along the East line of the P.O.G. POINT OF BEGINHe i—__'.—_NDdheast O Parti r otcatd Section- 1331-56 feat• Thenre N90000'00'W 235.88 feet to the. Pointof ALL DISTANCES SHOWN HEREON CAE IN FEET AHD Beginning; Thence continuing N90°00'00'W, 25.00 feet; Thence S00'00'DO'W, 25.00 feet; Thence* NRN)REDTH S OF FEET, OLESS OTHERWISE NOTED. S90°00'00'E, 25.Ob feel; Thence N00°00'00'E, 25.00 feet to the Point of Beginning. Said tract of land contains 625.00 square feet, more or less, and is subject to easements and restrictions of record. LEGAL DESCRIPTION PERMANENT ACCESS EASEMENT Commencing at the East Quarter Corner of Section 26, Township 78 North, Range 6 West of the '5th Principal Meridian; Thence N00°00'00'E (an assumed bearing) along the East line.of the Northeast Quarter of said Section 1070.52 feet; Thence S85020'03'E along the North Boundary L ne of Feur-Oaks._Subdlvisioa159S4JeetJO tha centedine-of-SaM.AOad T- ence-NO 1-24'35' along the -centedine of Sand Road 11.02 feet to the Point of Beginning of a 20.00 foot wide Permanent Access Easement; Thence N85020'03'W, along the centedine of said Access Easement, 11.00 feet -normally distant and parallel to the North Boundary Line of Four Oaks Subdivision 386.44 feet; Thence N00000'00'E along said centedine 231.57 feet to an existing East- West fence line. y ll l FM �y waw LEGAL DESCRIPTION Mr 001tYf�NIN E;lp@f TEMPORARY CONSTRUCTION EASEMENT our n, IY97 - ICommencina at the East Quarter Comer of Section 26, Township 78 North, Range 6 West of the 1 NIV M11111'shm Title -- Nth-Principal-Medditin;-�heitce�•)00¢00'00'e-(an-assumeB=oeanag)-etaRg-TAE-DasR-RRR..vR-RRe- Northwest Quarter of said Section 133156 feet; Thence N90"00'00'W, 144.02 feet to the Point of Beginning; Thence continuing N90000'00'W, 208.71 feet; Thence S00000'OO'W, 208.71 feat; Thence S90000'00'E, 208.71 feet; Thence NOO'00'00'E, 208.71 feet to the Point of Beginning. Said tract of land contains 1.00 acres, more or less, and is subject to easements and restrictions of yr��a st Rqy record. ��,•�F,�`ST£�Fri �,� �I furthe[_Wiy that the plat as s)ow1t `Nt a correct representation of the survey and all comers are 10435 Sal Reg. No. 10435 CC II -- day of f �0, 1911. Dale ACQ//k3'/T/O.t/ 10L.r1r I IMI I MMS CONSULTANTS, INC. SR Ian aty; Iowa 42240 (735) 741-0982 ■ no!•eH *INE �PDQrrDt/ os 7", "V'e '/¢ tvy 1 BEG. ZG, T.7BN., PG W. , 6r'i' P.M. �/OHA/rDN COUNTY, rOA14 The Southwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 26, Township 78 North, Range 6 West of the Fifth Principal Meridian, In Johnson County, Iowa and the West Five (5) acres of the Southwest Quarter of the Northwest Quarter (SWI/4 NW1/4) of Section Twenty-five (25); and the South half of the Northeast Quarter (S1/2 NEI/4) of Section Twenty- six (26); and the North half of the Southeast Quarter of the Northwest Quarter (N1/2 SE1/4 NW1/4) and the Southeast Quarter of the Northwest Quarter (SE1/4 SEIM NW1/4) of Section Twenty-six (26), and the South half of the Northwest Quarter of the Northwest Quarter (S1/2 NW1/4 NW1/4) and the Southwest Quarter of the Northwest Quarter (SWI/4 NWi/4) of Section Twenty -Six (26), all In Township Seventy-eight (78) North, Range Six (6) West of the Fifth Principal Meridian; excepting therefrom the following two parcels of real estate, to -wit: Beginning at a Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 26, Township 78 North, Range 6 West of the 5th Principal Meridian and for the purpose of this legal description, the East line of said Northeast quarter, Is assumed to bear N00000'00"E; Thence N89031'29"W, along the Line of the existing fence along the Southerly line of said Northeast Quarter,1161.12 feet; Thence NO3019'46"W, along the line of the existing fence , 493.51 feet; Thence N26001'21"E, along the line of the existing gence, 107/04 feet; Thence N08037'16"W, along the line of the existing fence, 56.33 feet; Thence N64046'45"E, along the line of the existing fence, 430.85 feet; Thence S88°09'01"E, along the line of the existing fence, 538.55 feet; Thence N13002'24"E, along the line of the existing fence, 55.69 feet; Thence N00031'29"E, along the line of the existing fence, 212.78 feet; Thence S85020'03"E, 374.14 feet, to a Point on the East Line of the West 5 acres of the Southwest Quarter of the Northwest Quarter of Section 25, Township 78 North, Range 6 West of the 5th Principal Meridian; Thence S00000'00"E, along said East line of the West 5 acres, 1059.09 feet, to a Point on the South line of the Northwest Quarter of said Section 25; Thence N89015'45"W, along said South line 164.24 feet, to the Point of Beginning. AND ALSO Commencing at the Concrete Monument found at the Southeast Corner of the Northeast Quarter of Section 26, Township 78 North, Range 6 West of the 5th P.M.; Thence N00000'00"E, an assumed bearing, along the East line of said Northeast Quarter of Sectlon26, 660.23 feet to the Point of Beginning; Thence S88029'05"E, 18.19 feet, to a Point which is 660 feet Northerly of said Southeast Corner of the Northeast Quarter of Section 26, and 48 feet Easterly of an Iron Pipe found at the Northwesterly comer of the Tract of land conveyed by Contract, Recorded In Book 631, Page 15, the survey of which Is recorded In Plat Book 6, Page 3, all of the records of the Johnson County Recorder's Office; Thence S88029'05"E, 98.00 feet, to a point on the Westerly Right -of -Way of the Existing County Road, at the Northeasterly Comer of said Surveyed Tract; Thence S01024'35"W, along said Westerly Right -of -Way line, 369.00 feet, to the Southeasterly Corner of said Surveyed Tract; Thence N88029'05"W, 146.00 feet, to an Iron pipe found at the Southwesterly Corner of Said Surveyed Tract; Thence N01024'35"E, 369.00 feet, to said Iron pipe found at the Northwesterly Comer of the Surveyed Tract; Thence S88°29'05"E, 29.81 feet, to the Point of Beginning. p73 EXHIBIT B a4o PERMANENT SAMPLING WELL EASEMENT, TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT ACCESS EASEMENT AGREEMENT WHEREAS, the City of Iowa City has determined, through a Comprehensive Water Supply Plan, that Iowa City's future water supply needs are not able to be reasonably met within the City's jurisdictional boundaries, and that the City's current water supply will soon be inadequate, both in quantity and quality, to meet the long-term domestic water needs of its residents, and to satisfy state and federal regulations; and WHEREAS, a potential source of raw water is believed to exist in a Buried Channel Aquifer located south and west of Hills, Iowa, and also in an Alluvial Aquifer located south and east of Iowa City, Johnson County, Iowa; and WHEREAS, the City Council of Iowa City has determined that sampling wells and testing procedures could help determine whether the water located in the alluvial aquifer and the channel aquifer could be used for the beneficial use of the citizens of Iowa City, while simultaneously protecting the reasonable and beneficial use of the land owners involved; and WHEREAS, the City Council has further determined that acquisition of certain easement rights are needed for the construction and access to various sampling wells, in order to conduct geophysical testing and surveying, and that said sampling wells, tests and surveys are for a valid public purpose in order to protect the safety and health of its residents; and WHEREAS, in the event tests from the sampling well(s) indicate the City should proceed to a test - pumping stage, to be done on well(s) other than the sampling well(s) herein and at locations yet unknown and unidentifiable, the City of Iowa City recognizes its obligation to protect the 49#0 2 undersigned Owner's water supply in order to assure the Owner of its continuing customary and beneficial use of its property, and to protect the reasonable enjoyment of the Owner's land; and WHEREAS, the undersigned property owner has agreed to certain terms and conditions herein, in order to permit City of Iowa City's use of owner's land located in Johnson County, Iowa, for the purpose of constructing sampling wells and performing water and geological testing. NOW, THEREFORE, this Easement Agreement is made and entered into by and between the PROPERTY OWNERS and the City of Iowa City, Iowa, a municipal corporation ("CITY") (sometimes referred to collectively herein as "PARTIES"). IN CONSIDERATION OF THEIR MUTUAL PROMISES AND FOR VALUABLE CONSIDERATION, PARTIES HEREBY AGREE AS FOLLOWS: 1. Prope Liberty Township Farms, Inc., an Iowa Corporation, hereafter OWNER, owns certain land located south of Iowa City in Johnson County, Iowa, more particularly described as follows: See Attached Exhibit B. JAIL) 3 ("Property"). 2. Ownership a. Owner acknowledges that legal title to the Property is held in the name of Liberty Township Farms, Inc., an Iowa corporation, with a mailing address of Box 2150, Iowa City, IA 52244 , subject to a mortgage held by Hills Bank and Trust, Hills, Iowa. b. OWNER acknowledges that all farm tenancy rights will be subsumed into OWNER's lump sum payment, set forth below. 3. Owner's Right to Convey Easement For the sole purpose of permitting the City of Iowa City, Iowa (°CITY") to dig and construct a two (2) inch diameter Sampling Well on a portion of OWNER's Property, and to conduct testing of the water supply, the undersigned OWNER states that it is the true OWNER of certain real property/land described in the plat attached hereto as Exhibit A, which Exhibit is incorporated herein by reference, that OWNER is lawfully seized and possessed of said land, and that OWNER has good and lawful right to convey this Easement. �O 4 4. Permanent Sampling Well Easement, Temporary Construction Easement and Permanent Access Easement In consideration of a lump sum payment of $5,000.00 and in further consideration of the mutual promises herein, OWNER conveys to CITY an exclusive Permanent Sampling Well Easement, Temporary Construction Easement, and Permanent Access Easement, for the purpose of constructing, operating, maintaining, repairing, using and reconstructing a two (2) inch diameter Sampling Well and related appurtenances in, over, and across certain real property owned by OWNER and described in Exhibit A. Said Easement described in Exhibit A shall hereafter be referred to as "Easement Area." OWNER and CITY agree that the Temporary Construction Easement,' as set out in Exhibit A attached hereto, shall terminate twenty-four (24) months after the date of execution of this Easement Agreement or at CITY's option, whichever is earlier 5. Permanent Access Easement i OWNER acknowledges a Permanent Access Easement shall be available to CITY via a designated route from the county road known as 540th Street, in a northerly direction from the road to the Easement Area. PARTIES agree said Access Easement is being provided to the CITY for the sole purpose of securing access to the Sampling Well and Easement Area, shall be limited solely to ingress and egress of persons authorized by the CITY to enter thereon, and for ingress and egress of equipment needed to construct, repair and monitor the Sampling Well. CITY specifically agrees that said reasonable routes of access shall be used in cooperation with iib 5 OWNER, so as to minimize intrusion and damage of the Easement Area and the OWNER's Property and to reasonably protect OWNER's Property, and CITY specifically agrees to take Into consideration ground and weather conditions prior to entry. Any portion of OWNER's Property or any portion of the Easement Area damaged in the course of CITY's ingress and egress shall be promptly repaired, replaced or restored by CITY to substantially its prior condition. 6. Lump Sum Payment OWNER, as listed above in Paragraph 2 and collectively referred to herein as "OWNER," acknowledges and accepts the lump sum payment set forth above in Paragraph 4 as full and just compensation for the Easement rights conveyed to the CITY herein, and OWNER specifically acknowledges and agrees that the lump sum payment is intended to and does compensate any and all damages that occur or may occur to the Easement Area (other than for access), including crop damage; loss of crop productivity due to soil or other disturbance; nutrient loss; removal of trees or shrubs; removal or disturbance of other natural site features; disturbance or removal of unnatural site features such as erosion control or special drainage measures; and in the event of CITTs abandonment of the Sampling Well, cost of pumping apparatus to render the Sampling Well usable by the OWNER. PARTIES agree distribution of the lump sum payment between and among the various Property interests as OWNER(s) and as listed in Paragraph 4 above is strictly a private matter between the various owner/interests herein, and that CITY is not responsible for distribution other than the obligation to make a one-time, lump sum payment. 040 6 OWNER acknowledges and agrees that CrrY will not be responsible for any consequential damages during the term of this Permanent Easement Agreement, including but not limited to any loss of business, loss of earnings, loss of employment, or loss of business opportunity. 7. CITY's Construction of Sampling Well In return for this Easement from the OWNER, CITY promises and covenants to construct a two (2) inch diameter Sampling Well on OWNER's property, to be located on the Easement Area described in Exhibit A attached hereto, and to be used exclusively by the CITY during the water sampling stage of the Comprehensive Water Supply Plan. If CITY elects to abandon the two-inch Sampling Well, for whatever reason, OWNER shall have the option to assume ownership of the abandoned well. In such event, OWNER agrees to assume all responsibility for the well, including maintenance, repair and replacement of any parts thereof. See Paragraph 14 on abandonment procedures. a. Sampling Wells Stage CITY agrees to use the Sampling Well to periodically test and monitor water quality and water level in the aquifer believed to be located below and beneath OWNER's Property and below the Easement Area. CITY agrees to restrict its use of this Sampling Well to testing purposes, including bailing and flushing of the Well for water samples, and will perform no pumping in the Sampling Well. CITY agrees to provide all data obtained from CnYs Sampling Well to OWNER on a continuing basis. J"Nv 7 b. Test -Pumping Stage In the event results of the testing and monitoring of the Sampling Wells in the buried channel aquifer indicate further study is appropriate, and if CITY elects to proceed to the test -pumping stage of the Plan, CITY may commence test -pumping from a well other than the Sampling Well herein. CITY and OWNER now acknowledge that said other "test -pumping well" location(s) are not known to CITY, and thus not yet identifiable. PARTIES acknowledge that CITY specifically agrees not to start test -pumping unless and until CITY has given at least fourteen (14) calendar days written notice to OWNER of CITY's intent to commence such pumping, and the expected duration of said test -pumping. Said Notice shall be by way of Personal Delivery to OWNER or OWNER's authorized agent. CITY further agrees that if, and when, a test -pumping well is deemed to be potentially located on OWNER's Property, CITY will enter into separate negotiations with OWNER to construct a test - pumping well on OWNER's Property, at a mutually agreeable location and a mutually agreeable amount of additional compensation. CITY agrees OWNER shall have the "right of first refusal" for construction of such potential test -pumping well on OWNER's Property, as compared to adjoining property owners. If OWNER and CITY can agree, the terms of such Agreement shall be separately set forth in a Test -Pumping Well Easement Agreement, which shall be recorded in the Johnson County Recorder's Office at no cost to OWNER. CITY further covenants, and OWNER acknowledges, that the protections accorded OWNER and set out in Paragraph 13 herein shall be included in any such separate Test -Pumping Easement Agreement. (For Alternate Water Supply During Test -Pumping Stage, see Paragraph 13 below.) 4240 a 8. CITY shall Protect Samplina Well and Restore Area CITY shall have the right to drill within the Easement Area, and to grade as CITY may find reasonably necessary for the construction, operation, sampling, repair, maintenance and reconstruction of the Sampling Well. The CITY covenants and agrees to protect its Sampling Well during construction and monitoring, and to restore the Easement Area following construction to its pre -construction condition, to the extent practicable. 9. CITY's Riahts of Gradino in Easement Area CITY shall have the right to grade within the Easement Area as CITY may find reasonably necessary, and to trim and remove all trees and plants which may interfere with the exercise of the CITY's rights under this Easement Agreement. Timber and plants which are removed shall become the property of the CITY. CITY covenants and agrees that existing drives, lanes, fences, or other site features which are removed or disturbed in order to permit construction and to monitor the Sampling Well shall be replaced by CITY. OWNER acknowledges the lump sum compensation set forth above for the Easements rights herein shall include compensation for all trees and plants to be removed, trimmed, or disturbed by entry and construction of the Sampling Well. a.4o 10. Grassy Areas Reseeded CITY and OWNER agree that CrrY shall cause all grassy areas disturbed by the installation, repair, or maintenance of the Sampling Well to be reseeded within a reasonable time after disturbance, taking into consideration soil and weather conditions. 11. OWNER's Rights Preserved OWNER reserves the right to use the real property described in Exhibit A for purposes which shall not interfere with the CITY's full enjoyment of the rights granted in this Easement Agreement; provided, however, that OWNER shall not plant any trees, erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the Easement Area unless otherwise agreed upon by City, in writing. Nor shall OWNER allow or cause any substantial fill or cut to be made over said Easement Area without the written consent of the CITY. 12. OWNER's Existing Wells CITY and OWNER acknowledge that in the event CrrY proceeds to the test -pumping stage of the Plan, to be performed on a well other than the Sampling Well herein, CITY has a legal obligation to protect OWNEWs water supply in order to assure the OWNER of its continuing customary and beneficial use of its property, and to protect the reasonable enjoyment of the OWNER's Land/Property. To this end, CITY and OWNER agree as follows: 040 10 a. As soon after execution of this Easement Agreement as practicable, OWNER will provide CITY with the location, number and types of existing water wells on OWNER's Property, In written and schematic form, with sufficient specific detail to enable the CITY to readily locate said existing wells on the OWNER's Property. OWNER agrees to provide this information as soon as reasonably possible, in order to enable CITY to obtain baseline information on the OWNER's existing water levels, water quality, construction and condition of the existing wells, together with the pumping apparatus, pumping rate, pumping capacity, and other factors affecting OWNER's existing wells and water supply. PARTIES agree that once this information is provided to CITY, that said information will become a part of this Easement Agreement, to be incorporated by reference; and if appropriate, to be recorded in the Johnson County Recorder's Office, at no expense to OWNER. b. OWNER agrees to provide CITY with access to the existing wells, as described by OWNER in Subsection 12(a) above, in order that the CITY may obtain data on water quality, water level and pumping capacity; and in turn, CITY agrees to share this data with OWNER at all times. 13. Alternate Water Supply During Test -Pumping Stage a. In the event CITY elects to proceed to test -pumping of well(s) other than the Sampling Well herein, which other wells' location(s) are unknown and not yet identifiable, CITY acknowledges that OWNER's existing wells now provide reasonable and adequate supply of water to the Property. During the test -pumping stage, the CITY agrees that in the event any one of the OWNER's existing wells described in Paragraph 12 above shall be unable to meet the d4® 11 water flow needed to supply the OWNER with OWNER's customary and beneficial use, for whatever reason, then the CRY shall provide finished or treated water to the OWNER to meet OWNER demands, at no cost to OWNER. b. During the CrI Y's test -pumping stage, MY also agrees to assume full responsibility for OWNER's existing water supply, including repair of OWNER's pumping apparatus, pipe repair or replacement, and supply of finished or treated water, as noted above. C. Notwithstanding subsections a. and b., OWNER acknowledges that CIN has no responsibility for acts of God, power outages which cause water supply interruption, or other events or occurrences caused by third parties which have no reasonable relationship to OWNER's water supply or CrrY's activities 14. If CITY Abandons Samolina Well OWNER agrees that CITY shall continue to own said Sampling Well installed on the Easement Area, but in the event CrrY elects to abandon said Sampling Well, the OWNER shall have the option to assume full control and ownership of the well, at no additional cost to the OWNER. If OWNER so elects to assume ownership, OWNER agrees to take over the well "as is; without any guarantee on the CrrPs part and without any pumping apparatus provided. CITY agrees to provide OWNER with'as built" drawings and any other records applicable to the Sampling Well. If OWNER does not elect to take ownership of the Sampling Well, CITY agrees to cap said well according to applicable rules, as set forth below. 15. CIlYs Obligation to Protect Sampling Well aJ10 12 CITY shall maintain the Sampling Well in good condition to protect groundwater from surface contaminants, and shall cap the well according to Iowa Department of Natural Resources specifications If, and when, the Sampling Well is no longer useful and OWNER elects not to assume ownership of the Sampling Well. CITY agrees to obtain all the necessary permits required for such Sampling Well, and to follow all applicable state and federal rules and regulations concerning such Sampling Wells. CITY agrees to provide information to OWNER, as needed, in order to comply with Iowa's Groundwater Hazard Disclosure Statement, to be filed upon transfer of real property in Iowa, and CITY further agrees to assist OWNER in completing such forms.as may be required, from time to time, in the event of a land transfer. 16. OWNER's Obligation not to Interfere with Sampling Well OWNER agrees not to interfere with, inject or in any manner contaminate CITY'S Sampling Well within the Easement Area, and OWNER specifically agrees to inform CITY of any interference, contamination or intrusion, of whatever nature, into the Sampling Well, and to do so regardless of the contamination source, whether the source is known, unknown or identifiable. CfrY acknowledges that OWNER shall not be responsible for acts of God or other acts of third parties, but OWNER affirmatively agrees to inform CITY of any such intrusion, interference or contamination of CfTYs Sampling Well as soon as practicable from time of discovery. 17. Easement Agreement Runs with the Land 4,V0 13 The provisions of this Easement Agreement, together with any subsequent Addenda, shall Inure to the benefit of and bind the successors and assigns of the PARTIES hereto, and all promises and covenants herein shall apply to and run with the land and with the We to the land. CITY agrees to record this Easement Agreement, upon OWNER's execution, at no cost to OWNER. 18. Indemnity CITY agrees to hold OWNER harmless and to indemnify OWNER against any and all claims that may arise out of this Agreement, including third -party claims. OWNER and CITY acknowledge that this Agreement shall not be construed to create any third -party beneficiary claims, of any nature whatsoever. Dated this J'7!Z� day of SrpTEm6E f 1991. OWNER(S) hti�Y� Address CITY OF IOWA CITY ;?John McDonald, Mayor Attest: Ia�rw.Jcu Marian K. Karr, City Clerk Approved B� City Attorney's Office aYo 14 OWNERS'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY 1 On this day of-tt/1991, before me, the undersigned, a Notary Public in and f r the State of owa, personally appeared Stephen F. Bright, to me personally known, and who, being by me duly sworn, did say that he is the President and Secretary of Liberty Township Farms, Inc., an Iowa corporation, executing the foregoing instrument, that the instrument was signed on behalf of Liberty Township Farms, Inc.,and that Stephen F. Bright acknowledged the execution of the instrument to be the voluntary act and deed of Liberty Township Farms, Inc., by him and by it voluntarily executed. FV f .'.*WiMVinme. ' CRYS ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1'7 M day of GTEm REa1991, before me, &7 , - t�sr-�� a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (0rdinence) (Resolution) No. 9!--J passed (the Resolution adopted) by the City Council, under Roll Cali No. of the City Council on the 17 '-�- day of SfQTEmRs e , 19 9�_, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa n:loadataXhxj4libtn.sb1 JAI NW COR, SW 1/4, SAMPLING WELL SITE- LIBERTY FARMS INC.(STEVEN BRIGHT) SEC. 21-Hath—Raw SECTION SECTION 27-778th-R6W-5TH PM- LIBERTY TOWNSHIP SCM FND FN I — B li5'4Y E — — — — 208.72' � U LL SAN O of N 4 ulu VIN�K 15y�W w I•o0Om F mmmwo w _ NF�w Iowa Gty, lowp (319) 351-8283 Pmjeat Tec P TEMPORARY CONSTRUCTION EASEMENT I Z z W z Drawn by 7 ACREAmy o � p W V o o _ m NWao n A PORTION OF SEC. 21—T IBN— 0 wI o n I� o«W NI IN R6W, JOHNSON COUNTY IOWA v. o I� N 895617• E 3x.27' c �`rb PERMANENT AS M T a1� 939 mlu 174.45' _ _ _ 34.27' — _ _ _ _ — — 5 89'35'47' W 208.72' � POINT OF BEGINNING u z 560.15' @YPERLINE 540th S'TREE'T= c N 817 V TBAE. DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Commencing at Me Northwest Coma of Na Southwest Quarter of Sectlen 21, Towvhip 78 North, Range 6 West of the 5th Principal Merldhm; Than.. SOO' 2413'E, 821.46 feet: Thence N8935'47'E, 569.15 feet, to U%. Southwest Comer of LOT 1, OF STEVENS FIRST SUBDIMGON. Johnson County Iowa, in oceordoace with the me o.dod plot !hereof, Thence 1,100W'43wN', along the Westerly Una of said Lot 1, 33.05 fast, to its Intersection with the Northerly Right—of—way Line of the Existing County Road known as 540th Sheet. and which polat Is the POINT OF BEGINNING; Thence S99'35'47'W, along said Northerly Right—of—way Lino, 20&72 feel; Thence NOO'03'43'W. 208.72 feet Thence N89'35'47'E 208.72 feet. to a point an the Westerly Una of Bald Lot 1, of STEVOhS FIRST SUBDIMSION; Thence SOOV3'47'E, along said Westerly Une, 208.72 feat, to the Point of Beginning. Sold treat of land contains 1 aw, more or Ian, and is subject to easements and restrictions of retard. LESAL DESCRIPTION PERMA14ENT SAMPLING WELL EASEMENT Commencing at the Northwest Comer of Ne Southwest Quarter of Section 21. Township 78 North, Range 6 West of the 5th PrinclpN Merldlan; Thence SOO' 2013'E, 821.46 feet; Thence N8915'47'E, 569.15 feat, to the Southwest Comer of LOT 1, OF STEOENS FIRST SU13OIM90N, Johnson County Iowa. In accordonce with the recorded plat thereat,, Thence NOO'03'43'W, along the Westerly Una of said lot 1, 33.05 feet, to it. intersection with the Northerly Right—of—way Una of the Existing County Road known as 540th Street. and which point Is the POINT OF BEGNNING; Thence S89'35'47'W, along said Northerly Une, 34.27 feat; Thence N0093'43'W, 27.50 fust Thence N89TV17'E, 34.27 feet, to a paint on the West Line of said Lot 1; Thence 500'03'43'E, along sold Wast Una. 27.29 feet, to the Point of BegNning. Sold tract of land contains 938 Square Feat, more or lees, and Is subject toeasements and restrictions of record. ^llaft I hereby certify that this Easement Plat and Legal d ... ripllon �ad prepared under my suporA.I.n, and that I am a duly Licensed q""t: ` /gfeyay YndariLaw. of Me at° of Iowa. a 10435�" s' SW COR, SW 7/4, °^ "a1m 1M g' ° SEC. 21—T78N—R6W + SI ore a ay a1 1991. SCM FIND..OWA•::p FZ N.LBN w.was W`'v0 SUR\E! o c e a e o owe ��141gp°r(a a-yv x "heu W o k EASEMENT ACQUISPfION PLATRA CoRsuLs'axts, Ixc 3 5 3 _ —B It N u8 w � Iowa Gty, lowp (319) 351-8283 Pmjeat Tec P Designed by Drawn by Chocked by. NR' _ n A PORTION OF SEC. 21—T IBN— - R6W, JOHNSON COUNTY IOWA DEB a-yv The West 50 acres of the Southwest Quarter of Section 21, and the East 15 acres of the Southeast Quarter of Section 20; and also commencing at a point 3.75 chains west of the Southwest Comer of Section 21, running Thence North 34 chains, Thence West 21.25 chains, Thence South 34 chains, Thence East 21.25 chains to the place of beginning, all being In Township 78 North, Range 6 West of the 5th P.M. except: Commencing at the Northwest Corner of the Southwest Quarter of Section 21, Township 78 North, Range 6 West of the 5th Principal Meridian; Thence S00024'13"E, 821.46 feet; Thence N89035'47"E, 569.15 feet to the Point of Beginning; Thence N00003'43"W, 264.84 feet; Thence N89056'1T'E, 249.48 feet to the Centerline of the County Road; Thence S00°0343"E, 278.13 feet along said centerline to the Intersections of the centerline of the County Roads; Thence N87°00'46"W, 249.83 feet along the Centerline of the County Road to the Point of Beginning. Said tract of land containing 1.55 acres more or less and Is subject to easements and restrictions of record. EXHIBIT B aj(o 4 � ap, RESOLUTION NO. 91-241 RESOLUTION COMMENCING THE CABLETELEVISION RENEWAL PROCEEDING IN ACCORDANCE WITH SECTION 626(a) OF THE CABLE COMMUNICATIONS POLICY ACT OF 1984 (CABLE ACT), AND SETTING PUBLIC HEARING, FOR THE PURPOSE OF IDENTIFYING FUTURE CABLE -RELATED COMMUNITY NEEDS AND INTERESTS AND REVIEWING THE PERFORMANCE OF HERITAGE CABLEVISION, INC. WHEREAS, the City's Broadband Telecommunications Franchise Enabling Ordinance, enacted August 22, 1978, is in effect; and WHEREAS, Hawkeye CableVision Corporation was granted a nonexclusive franchise to operate a broadband telecommunications system within the City of Iowa City effective August 22, 1978, and the franchise was transferred on August 28, 1984, to Heritage Cablevision, Inc. or a subsidiary or limited partnership, the general partner of which is controlled by Heritage Cablevision, Inc., under the franchise during the current franchise term; and WHEREAS, as provided for in the Broadband Telecommunications Ordinance, the Broadband Telecommunications Commission and the Broadband Telecommunications Specialist have conducted Triennial Reviews of the performance of Heritage Cablevision, Inc. and projected future cable television related needs; and WHEREAS, Heritage Cablevision, Inc. requested that the City of Iowa City commence the renewal proceeding in accordance with the requirements of Section 626(a) of the Cable Act; and WHEREAS, the City of Iowa City will abide by the requirements of Section 626 of the Cable Act; and WHEREAS, the cable related community needs of the City of Iowa City will be assessed; and WHEREAS, the past performance of Heritage Cablevision, Inc. will be reviewed; and WHEREAS, the City of Iowa City desires to receive public input on all issues relating to the renewal process; and WHEREAS, the City of Iowa City will conduct such research as necessary throughout the process; and WHEREAS, the City of Iowa City and Heritage Cablevision, Inc. may, at any time, by mutual agreement, utilize the informal renewal procedures permitted by Section 626(h) of the Cable Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City of Iowa City hereby commences the formal renewal proceeding pursuant to Section 626(a) of the Cable Act, and that the time for the first public hearing to receive citizens' comments regarding issues relating to this process is hereby set for October 1, 1991, at 7:30 p.m. in the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney X Horowitz X Kubby x Larson x McDonald x Novick Passed and approved this 17th day of September , 1991. ATTEST: CITIT LCIS mgAcablew.res Approved by le Ity Attor y's Office %- /2' -r/ J4) \� P, F -s 6K RESOLUTION NO. 91-242 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TREASURY DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN. WHEREAS, Resolution No. 91-43 adopted by the City Council on March 5, 1991, authorized Permanent positions in the Department of Finance for FY92; and WHEREAS, Resolution No. 91-138, adopted by the City Council on June 11, 1991, established a classification/compensation plan for AFSCME employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted .positions in the Treasury Division be amended by: 1. The deletion of one full-time Sr. Clerk/Typist - Treasury, range 5; and 2. The addition of one full-time Customer Service Representative, range 6. BE IT FURTHER RESOLVED that the AFSCME Pay Plan be amended by the deletion of the position of Sr. Clerk/Typist - Treasury, range 5. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby _x— Larson x McDonald x Novick Passed and approved this 17th day of September , 1991. ATTEST:�2�"� � �j CI CTY LERK finedmiswdlyp.ns Approved by ity Attorney's Office CJ J Pp ?-)Q- WHEREAS, ti RESOLUTION NO. 91-243 RESOLUTION REPEALING THE 1981 PERSONNEL POLICIES MANUAL AND ESTABLISHING AN AMENDED PERSONNEL POLICIES MANUAL. WHEREAS, Section 2-87 of the Iowa City Code provides that personnel procedures, rules, and regulations for the employees of the City shall be established by resolution of the City Council, and WHEREAS, Resolution No. 81-304, adopted by the City Council on November 24, 1981, established the current Personnel Policies manual, and WHEREAS, the City Council deems it in the public interest to revoke its establishment of the present Personnel Policies manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the present Personnel Policies established by Resolution No. 81-304 are hereby revoked. 2. That the Personnel Policies manual attached to this resolution and by this reference made a part thereof are hereby established and adopted. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: x x x x x x —x NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 17th day of September 1991. YOR Approved by ATTEST:� �J �aae/ CITY -CLERK prsnpolc.res t Attorne 's Office 7r/Z-V J�3 I V-3 CITY OF IOWA CITY PERSONNEL POLICIES Revised August 1991 Approved by Resolution of City Council _ I V-3 TABLE OF CONTENTS 1.1 Introduction.................................................... 1 1.2 Administration.................................................. 1 1.3 Equal Employment Opportunity/Affirmative Action ...................... 2 a. General Policy b. Harassment (1) Sexual Harassment (2) Racial, Ethnic, Religious, Age, Sexual Orientation or National Origin Harassment C. Complaint Procedure d. Consequences of Harassment e. AIDS 1.4 Labor Relations ................................................. 6 1.5 Civil Service Coverage ............................................ 6 a. Rights and Benefits b. Appeal Rights 1.6 Employee Relations and Conduct ..................................... 7 a. Public Relations b. Appearance -Grooming C. Driver's License/Notice Requirements d. Supplemental Employment e. Education f. Religious Holidays 1.7 Employee Assistance Program ..................................... 10 a. Substance Abuse 1.8 Discipline a. ..................................................... 11 Disciplinary Measures b. Causes for Discipline 1.9 Personnel Transactions ........................................... 13 a. Employement - Physical Examination b. Personnel Files C. Public Information d. Job Description e. Position Classification f. Probationary Period g. Employment of Relatives h. Termination of Employment (1) Resignation (2) Retirement (3) Benefits Termination 1.10 Safety........................................................ 16 Personnel Policies 7/91 K 1.11 Conflict of Interest .............................................. 17 a. Employment b. Gifts C. Impartiality d. Use of Information e. Use of Public Property 1.12 Political Activity ................................................ 19 a. Acceptable Activities b. Restrictions Personnel Policies 7/91 %g -V3 1.1 INTRODUCTION The purpose of this manual is to set forth the policies by which personnel -related decisions, made by either supervisor or employee, will be guided, and to express mutual expectations for conduct in the workplace. The City's ability to manage and provide public services with efficiency and effectiveness is dependent upon the capability and performance of its employees. The City will strive to provide a good working environment, emphasizing individual achievement, open communication, and sensitivity to employee needs. 1.2 ADMINISTRATION These policies cover all City employees, however, temporary employees may not be covered by all provisions. Iowa City Public Library employees are subject to the Personnel Policies as approved by the Library Board. These policies work to ensure'that decisions will be made consistently and in line with overall City goals regarding employee relations. Questions of interpretation should be addressed to Personnel. The City Manager or his/her designee shall be responsible for the final interpretation and application of these policies to issues which are not specifically covered by using the principles expressed herein as a guide. This document should be read in conjunction with negotiated labor contracts, and operating procedures published by Personnel and other City departments. Upon appointment to a permanent position all employees of the City shall be furnished a copy of the City Personnel Policies and shall be advised of any changes or amendments. Personnel Policies 7/91 ,)q5 2 1.3 EQUAL EMPLOYMENT OPPORTUNITY a. General Policy As established in the Affirmative Action Policy of the City of Iowa City, it is the policy of the City to provide equal employment opportunities for all employees or potential City employees regardless of race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap, or disability, except where age, sex, or physical ability constitute a bona fide occupational qualification necessary for job perfor- mance. This impartial judgment shall extend to all areas of personnel administration. b. Harassment Personnel Policies The City of Iowa City is committed to providing a work environment which is free of harassment of any kind. Harassment may take many forms including behaviors which are overt or very subtle. Harassment may occur between members of the same or opposite sex, between employees and the public, between co-workers or between subordinates and a supervisor. Harassing behavior has the effect of creating a hostile or offensive work environment and is prohibited behavior. (1) Sexual Harassment Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co-workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, ques- tions, representations or physical contacts of either a sexual or non- sexual nature which are unwelcome to the recipient. Even harass- ment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. 7/91 J$ya (2) 3 Sexual harassment may also take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and lewd gestures or physical conduct, but it is not limited to such activity. It may also include more subtle actions which are directed at an individual. Racial, ethnic, religious, age, sexual orientation, national origin or disability harassment is also a form of employee misconduct and is prohibited for all employees. Such harassment may take the form of slurs, graffiti, derogatory names and jokes, physical conduct, or offensive behavior relating to an individual's origins, physical characteristics or beliefs. C. Complaint Procedure The City will actively pursue and investigate complaints of harassment or denial of civil rights, and appropriate action will be taken. Employees who encounter conduct which they believe violates this policy are encouraged to bring it to their supervisor's attention, and if the supervisor is the involved party, or the employee prefers, to the Personnel Administrator, the Assistant City Manager or the City Attorney's office. All such complaints shall be confidential, and any allegations and records of resulting investiga- tions shall remain confidential and accessible only to personnel authorized to participate in complaint resolution. Employees charging harassment or denial of their civil rights may also use grievance procedures outlined in the City's Affirmative Action Plan, in addition to making the Personnel Administrator aware of the situation. There will be no retaliation against any employee for filing a complaint either formally or informally, or against any person for participating in the complaint and investigation process. Each complaint will be thoroughly investigated and resolved in a manner designed to remedy any past harassment and prevent any future harassment. d. Consequences of Harassment Harassment is unacceptable conduct in any form, and can be a basis for a discrimination charge against the City and/or an individual employee. Personnel Policies 7/91 1.9+-!3 4 It is the City's position that every employee has the right to work in an environment totally free of any type of harassment Consequently, any employee who engages in prohibited conduct will be subject to disciplinary action, up to and including discharge. All employees have an affirmative dui to prevent harassment in the workplace by producing an environment that exposes and discourages harassment of any kind. e. AIDS The City of Iowa City is committed to the provision of equal employment opportunities for all employees of the City of Iowa City. Individuals with Acquired Immune Deficiency Syndrome (AIDS) are not considered any differently than any other employee of the City of Iowa City who has a disability or life threatening medical condition. The City recognizes that employees with a life threatening medical condition should be treated with compassion and understanding. Discriminatory practices directed at employees with AIDS will not be tolerated. Evidence of discriminatory practices will result in disciplinary action, up to and including termination of employment. The City recognizes, based on the most current scientific evidence, that individuals with AIDS, AIDS -Related Complex (ARC) or Human Immuno- deficiency Virus (HIV) do not pose a risk of transmission of the virus to co- workers through ordinary work place contact. For the purpose of this policy all of these conditions are covered. The City also recognizes the need for AIDS education, available to all City employees, to increase awareness and understanding of this medical condition. Written information on AIDS is available from Personnel which may address more specific questions. Because there is no imminent risk of HIV infection by a co-worker in the normal work setting, employees are expected to continue to function in the workplace and interact with all employees in a professional and non- discriminatory manner. No special consideration beyond normal transfer request procedures will be given to employees who feel threatened by a co- workers condition. Employees who have questions regarding the Policy are encouraged to discuss them with their supervisor or the Personnel Administrator. Employees who demonstrate discriminatory action/behavior toward an individual with AIDS will be subject to disciplinary action, up to and including discharge. Such behavior includes but is not limited to refusal to work with an employee with AIDS, withholding of services and verbal harassment. Personnel Policies I,% 11243 Personnel Policies 5 The City will actively pursue and investigate complaints of harassment or denial of civil rights and appropriate action will be taken. Employees who encounter conduct which they believe violates this policy are encouraged to bring it to their supervisor's attention, or if the supervisor is the involved party, or it they prefer, to the Personnel Administrator, the Assistant City Manager or the City Attorney's office. Employees with AIDS, ARC or HIV or employees with family members with AIDS, ARC or HIV will be treated in the same manner as any other employee with a disability or life threatening medical condition or illness. Blue Cross/Blue Shield medical insurance and Long -Term Disability are available for employees who have need of these insurances. Sick leave and leave of absence provisions will be administered under standard City policy. The Employee Assistance Program (EAP) is available as a confidential service for information, short-term support counseling and referral to other community based resources. In the event that a formal referral is made to the EAP, it will be due to work performance concerns, as per current policy. An employee's health condition is personal and confidential, and the City of Iowa City will not release such information without the expressed written consent of the employee, except as required by law. %I 43 M 1.4 LABOR RELATIONS The City recognizes its duty to bargain collectively only with those employee organizations certified by the Public Employment Relations Board, as provided by state law. Pursuant to this requirement, the duties, obligations and rights of the City and each certified employee organization are set forth in the collective bargaining agreements mutually entered between the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. 1.5 CIVIL SERVICE COVERAGE All City employees appointed to permanent positions have civil service status with the exception of the following: City Manager; Assistant City Manager; the Directors of Finance, Public Works, Housing and Inspection Services, Planning and Program Develop- ment, Parks and Recreation, Public Transit, and the directors of any other City department as may be created by an ordinance of the City Council; Personnel Administrator; City Attorney; Assistant City Attorneys; City Clerk; Deputy City Clerk; all Division Heads; Administrative Assistant; Assistants to the City Manager and Secretaries to the Department Heads; and those positions specifically excluded by the Code of Iowa. a. Rights and Benefits Applicants for entry level or promotional positions will be tested through impartial examinations which fairly test each applicant's ability to perform in the position. Examinations may consist of oral interviews and/or written, practical or physical examinations, as are appropriate to the position. b. Appeal Rights Following completion of probation, an employee covered by Civil Service who is suspended, demoted or discharged may appeal the disciplinary action to the Civil Service Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals must be filed with the Clerk of the Commission (City Clerk), and must be filed within 14 calendar days after the suspension, demotion or termination. Personnel Policies 7191 '�?f3 1.6 EMPLOYEE RELATIONS AND CONDUCT The work of every employee is important. On-the-job performance has an effect on the employee's success with the City of Iowa City, as well as having an effect on the quality of service to the citizens of Iowa City. Employees have a right to expect fair treatment and fair compensation from the City. In return, employees are expected to work diligently towards achieving high standards of public service. a. Public Relations It is the responsibility of each employee when dealing with members of the public to act in a courteous, responsive, and prompt. manner. b. Appearance -Grooming Employees are expected to maintain personal appearance and a level of grooming which is considerate of other employees, and projects an image which inspires the confidence of citizens and others with whom the employee must associate in the course of work. For employees out in the field during hot summer weather, dress shorts and a T-shirt are acceptable attire unless safety concerns require long pants for protection. For employees working in air-conditioned buildings, shorts are not allowed. All employees are expected to wear clothing appropriate for a business office and public contact. Employees are required to adhere to health, safety and sanitation standards while at work. C. Licenses and Certifications/Notice Requirements Personnel Policies Certain positions within the City require the possession and maintenance of a license or certification. If a position has such a requirement, it will be listed in the job announcement when the job is posted. If the requirement changes while an employee is in a position, the employees will receive notice of such change and will be given a reasonable amount of time to comply with the requirement. (1) Commercial Driver's License Employees required to possess and maintain a valid Commercial Driver's License must meet the notification requirements established by the Commercial Motor Vehicle Safety Act of 1986. Under this act an individual with a CDL must: a) Notify his/her employer within 30 days of a conviction for any traffic violation (except parking). This is true no matter what 7/91 1043 8 type of vehicle the individual was driving at the time of the infraction. b) Notify his/her employer if his/her license is suspended, revoked, or canceled, or if the employee is disqualified from driving. Such notice must be made to the employer on the first working day following knowledge of the suspension, revocation, or cancellation. The City further requires that employees give such notice to their immediate supervisor (or in his/her absence to the individual acting in that capacity) upon reporting to work. (2) Driver's License Employees required to possess and maintain a valid Iowa drivers license are responsible for checking the expiration date and renew- ing the license prior to the expiration date. If an employee's license is suspended, revoked, or cancelled, it is the employee's responsibili- ty to notify his/her supervisor at the beginning of the first working day after receiving notice of the action No City employee may operate a city vehicle without proper licensing. Any individual who operates a city vehicle without a valid license appropriate to the vehicle being driven will be subject to disciplinary action up to and including discharge. d. Supplemental Employment Supplemental employment outside regular City working hours must in no way interfere or conflict with the satisfactory performance of City duties. Supplemental employment is not encouraged. Personal Activities Conducting personal or non -duty related activities is prohibited during hours of employment except in emergencies and with the approval of the supervisor. If it is necessary to place personal phone calls, such calls should generally be made at break time or over lunch time. e. Education Advance approval from the City Manager is necessary for an employee to engage in any educational effort during normal working houis, other than that which may be provided by the City. Consideration of the request will be based upon the direct benefit to the City, and a demonstrated ability of Personnel Policies 7/91 J43 9 the employee to effectively carry out the responsibilities of his/her position. Employees are encouraged to schedule educational programs outside of regular hours, whenever possible. The expense of educational seminars and training sessions required by the City will be paid by the City, in accordance with Department/Division guidelines f. Religious Holidays Personnel Policies Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays or services. Personal leave days, accrued vacation time, compensatory time, or unpaid leaves may be used to cover such absences. 7/91 �*3 10 1.7 EMPLOYEE ASSISTANCE PROGRAM The City recognizes that a wide range of personal growth and health problems can affect employees' job performance. Examples of such problems include marital, family or financial difficulties, mental or personal problems, substance abuse or alcoholism. It is also recognized that while these problems are serious, they can be successfully resolved if identified and treated early. The City sponsors an Employee Assistance Program (EAP) as a means of assisting employees and their family members. This program is preventative in that it attempts to correct potential job performance difficulties at the earliest possible time. The program is in no way meant to interfere with the private life of the employee. Employees are encouraged to contact the EAP to discuss•a personal problem before it affects their work performance. Any voluntary involvement with the EAP will be strictly confidential. Employees may contact the EAP by calling 351-9072. In the event that work performance is affected, a mandatory referral may be made by an employee's supervisor. More information about EAP services is available from Personnel. a. Substance Abuse (Alcoholism and Drugs) Personnel Policies Upon diagnosis, all City employees are eligible for treatment and rehabili- tation for alcoholism, problem drinking or substance abuse through the City's referral service and other available community resources. Alcoholism or drug addiction are not causes for discipline except as they impact on-the- job performance including attendance, but if assistance is offered and job performance is not raised to an acceptable level, disciplinary action will be taken. Nothing in this section relieves employees of responsibility for their own conduct on the job. 7191 043 11 1.8 DISCIPLINE a. Disciplinary Measures The responsibility of the City to maintain efficient operations may require taking disciplinary action against employees. The objective of disciplinary action is to correct behavior and produce efficient City operations rather than merely to punish wrongdoers; however, failure of the employee, after notice, to modify behavior may result in disciplinary action up to and including termination of employment. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. b. Causes for Discipline The following list is illustrative of, but not limited to, types of behavior for which disciplinary action may be taken. (1) Insubordination. (2) Being impaired or under the influence of a controlled substance as defined in Chapter 204 of the Iowa Code (drugs) or alcohol on the job, or possessing a controlled substance or alcohol on the job. "Under the influence" for purposes of alcohol testing is defined to be .05% blood alcohol, or higher, or a lesser amount which adversely affects performance. Employees may be requested to participate in alcohol or drug testing if abuse is suspected. Drinking alcoholic beverages or using a controlled substance while on the job or lunch or break time is prohibited. (3) No employee of the City of Iowa City shall carry a weapon while on duty. An employee may not indicate in any application for a permit that his/her employment with the City in any way necessitates, warrants, or justifies issuance of a permit to carry a concealed weapon. Sworn officers of the Iowa City Police Department are exempted from this policy. (4) Willful violation of departmental rules, City Personnel Policies or any other rules or regulations promulgated by the City. (5) Incompetency, inefficiency or negligence in the performance of duty. (6) Acting in a careless or negligent manner with City monies, property or vehicles. (7) Activity which involves conflict of interest. Personnel Policies 7/91 ,2'N-3 12 (8) Falsification, alteration, deletion of required information or failure to include material information on any application or City record. (9) Operating City equipment or vehicles without proper license or permit. (10) Failure to maintain any required license or permit or failure to notify the City of loss of any such license or permit. (11) Conviction of a crime closely or directly related to the ability of the employee to perform the job effectively. (12) Abusive or improper treatment during the performance of duty to any member of the public, fellow employee or city official, including harassment on the basis of race, creed, color, sex, national origin, religion, age, sexual orientation, marital status, mental or physical handicap or disability; or any behavior which has the effect of producing a hostile work environment. (13) Disregard for safety policies and procedures, including proper use of safety gear, clothing or equipment. (14) Failure to maintain a satisfactory attendance record. Personnel Policies 7)91 NN 18 1.9 PERSONNEL TRANSACTIONS a. Employment - Physical Examination Initial appointment to a permanent City position is conditional upon passing a medical examination administered through the City. Such examination will reflect the ability of the employee to perform the duties of the position for which a job offer has been extended. Following initial employment employees may be required to participate in a physical examination to be paid for by the City if physical ability for performance in the employee's current position is questionable. Employees who do not possess the physical capabilities necessary for job performance are subject to transfer or termination if accommodation to their physical limitations is not reasonable. A physical examination may be incorporated as a portion of the selection procedures for a promotion or transfer. b. Personnel Files It is the policy of the City of Iowa City to permit access by all City employees to their personnel file maintained by Personnel. Access to these files and the information contained in them will be limited to the employee and other authorized supervisory personnel. Information related to employment, benefits, job performance or business necessity will be maintained in these files. City employees will be permitted access to their personnel files during regular office hours in Personnel. Employees will be permitted to examine, take notes and make copies of any materials in their file. Employees wishing to examine their files during work hours must have the permission of their supervisor to leave their work site. A Personnel staff member must be present during this examination. An employee may request correction of any alleged misinformation contained in the file. If this request is denied, the employee will receive an explanation of the reason thereof, and will be permitted to place a concise statement of disagreement in the file. Employees are encouraged to keep their personnel files up-to-date with all job-related information such as degrees obtained, seminars attended, and certificates of completion. Personnel Policies 7/91 a43 14 C. Public Information The following employee information is classified as "Public Information" and will be given upon request to any individual or institution by Person- nel: Employee name Employee salary Employee hire date Employee job title Information such as address, telephone number, birthdate, social security number, etc. is not public information and will not be given out unless requested in writing by the employee. d. Job Description A job description will be developed and periodically reviewed for each position. Copies of job descriptions will be maintained in Personnel, and are available for employee review. Position Classification All positions are classified according to job duties, responsibilities, entry requirements and departmental needs. A major change in any of these factors may necessitate a review of job classification. Requests for review of a job classification may be addressed to the Personnel Administrator by any employee, by a supervisor, or may be initiated by the Personnel Administrator. All position classification review requests will be reviewed in accordance with applicable labor contract provisions. f. Probationary Period All new or promoted permanent employees will serve a probationary period to be specified upon appointment. The probationary period shall be used to closely monitor employees' work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance at any time during this period does not meet the required standards. Employee performance will be formally evaluated at the completion of the probation period. g. Employment of Relatives No person shall be employed, promoted or transferred to a department of the City or to a division thereof when, as a result, the employee would be supervising or receiving supervision from a member of the employee's immediate family. For the purpose of this section members of the immediate family are defined as: employee's spouse or partner by Personnel Policies 7/91 IME 15 cohabitation, children, mother, father, son-in-law, daughter-in-law, mother- in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents and grandchildren, step -children and step-parents. When any of the above relationships is created by marriage (or cohabita- tion) following employment, reasonable efforts will be made to transfer one of the employees. Affected employees will first be given the option of deciding which employee will transfer. If no indication is given, seniority will be the governing factor and the least senior employee will be subject to transfer. h. Termination of Employment Personnel Policies (1) Resignation Every permanent employee is expected to give at least ten working days notice prior to the effective date of resignation. The notice should be in writing and directed to the immediate supervisor. Termination date shall be the employee's last day in attendance at work, except in cases of medical disability. Resignations must be accepted by the City to be effective for benefit payment purposes. Generally, employees will be required to be at work on their last day. Extended vacation time will not be approved and may not be taken in the ten-day period prior to termination. (2) Retirement Employees are eligible to retire in accordance with applicable pension or retirement programs. Employees in the Police and Fire Department will retire in accordance with provisions of the laws of Iowa. (3) Benefits Termination Upon notice of resignation or retirement being received by Person- nel, applicable information regarding continuation of insurance coverage, benefits payout, IPERS refund, final check and other information will be forwarded to the employee. All terminating employees are requested to complete an exit interview form provided by Personnel, and to comment about their employment experience with the City. W91 Q43 16 1.10 SAFETY All City employees are responsible for implementation of job assignments in the safest manner possible. Prime consideration will be given to the safety of the employee and the general public. Employees will not be required to work in areas or to operate equipment which is a safety hazard to themselves or the public. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as provided by state law. No City employee shall wear or use radio headphones, earphones or other similar devices at any time while at work, unless such devices are authorized by the Department/Division Head as necessary for safety reasons. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Employees who act in a manner which endangers the safety of themselves or others are subject to disciplinary action. Personnel Policies 7/91 M�� 17 1.11 CONFLICT OF INTEREST City employees are prohibited from engaging in any conduct which represents or could be reasonably interpreted to represent a conflict of interest. Employees must avoid any action which might result in or create the appearance of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting City business. If an employee determines that he or she has an outside interest which may be affected by City of Iowa City plans or activities, or result in a conflict of interest or the appearance of such conflict, the employee must immediately report the situation to his or her Department/Division Head. Violation of any provisions of this section may be cause for discipline or discharge of the employee. a. Employment City employees may not work for an outside employer whose interests might conflict with those of the City. City employees may not use their jobs with the City to further their interest on any supplemental job. City employees may not work for or invest in business concerns with whom they Must deal in the course of their employment with the City. b. Gifts State law prohibits employees from directly or indirectly soliciting, accepting, or receiving money from any one donor in any one calendar year a gift or series of gifts having a value of $35 or more. Lunches or other meals are not acceptable as gifts from persons with whom the City does business, unless it is a community or public affair to which other community representatives are invited for a purpose other than to conduct business. City employees shall not accept any payment, other than that which is provided by the City, for work performed on behalf of the City. C. Impartiality No City employee may grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to all citizens. City employees must not secure special privileges or exemption for themselves or their relatives beyond that which would be available to all citizens. Personnel Policies 7/91 C24s 18 d. Use of Information Employees must not use privileged information for their own financial advantage or disclose information which would provide friends and/or family members with financial advantages. Each employee is charged with the responsibility of ensuring that he or she releases only information that may be made available to the general public. e. Use of Public Property No City employee shall request, use or permit the use of any publicly - owned property, vehicle, equipment, labor, service or supplies (new, surplus, scrap or obsolete) for the personal convenience or advantage of the employee or any other person except for that use which is generally available to the public. Personnel Policies 7/91 MM 19 1.12 POLITICAL ACTIVI77 City of Iowa City employees are free to exercise all rights of citizenship. However, in order to obey federal and state laws and to ensure that the City will operate effectively and fairly, some guidelines are necessary: a. Acceptable Activities (1) An employee is free to express honest opinions and convictions or make statements and comments concerning wages or other condi- tions of employment. (2) An employee is free to actively participate politically in both partisan and non-partisan activities on off-duty time so long as the following restrictions are adhered to (see below). (3) An employee whose position is not federally funded is permitted to be a candidate for a partisan or non-partisan office, while a federally funded employee may be a candidate for a non-partisan position only. (4) An employee has the right to vote as he/she chooses and to express his/her opinions on political subjects and candidates. b. Restrictions (1) An employee shall not, while performing official duties or while using City equipment at the employee's disposal by reason bf his/her position, solicit in any manner contributions for any political party or candidate or engage in any political activity. (2) An employee shall not, by the authority of his/her position, secure or attempt to secure in any manner for any other person an appoint- ment or advantage in appointment to a position or an increase in pay or other employment advantage for the purpose of influencing the vote or political action of that person. (3) An employee who in any manner supervises employees shall not directly or indirectly solicit the persons supervised to contribute money, anything of value, or service to a candidate seeldng election, or a political party or a candidate's political committee. (4) An employee who becomes a candidate for any elected public office shall, upon request of the employee and commencing any time within 30 days prior to a primary, special or general election, automatically be given a leave of absence without pay. An employee who is a candidate for any elective office shall not campaign while on duty as an employee. Personnel Policies 7/91 R� s1", RESOLUTION NO. 91-244 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 424 E. JEFFERSON ST. WHEREAS, the City of Iowa City is the owner and holder of a certain depreciating lien which has a current amount due of $6,000, and this lien was executed by the owner of 424 E. Jefferson Street on May 21, 1986, and recorded May 28, 1986, in Book 847 at Page 70 in the Johnson County Recorder's Office covering the following described real estate: Commencing eighteen (18) feet west of the southeast corner of Lot seven (7) in block forty-six (46) in Iowa City, Iowa, according to the recorded plat thereof, thence north one hundred and fifty (150) feet, thence west thirty-seven (37) feet, thence south one hundred and fifty feet (150), thence east thirty-seven (37) feet to the place of beginning, subject to easements and restrictions of record. WHEREAS, Iowa State Bank & Trust Company, Johnson County, Iowa, will make a loan at the sum of $48,500 on a promissory note that will be executed by the owner of 424 E. Jefferson Street covering the real estate described above, and WHEREAS, Iowa State Bank & Trust Company has requested that the City execute the attached subordination agreement thereby making said rehabilitation lien held by the City subordinate to the lien of said mortgage that was by Iowa State Bank & Trust Company, and WHEREAS, there is sufficient value in the above described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Iowa State Bank & Trust Company of Iowa City, Johnson County, Iowa. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X Passed and approved this f 7th day of ppdcdb9\424)eff.res ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. a�� SUBORDINATION AGREEMENT AGREEMENT made this 1,72:' day of gsy—P rmmMR , 192L, between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and;,ow4C,Et �+r jp1V+ , of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 6,000.00 executed by William C. Winkel ARA W.C. Winkefnd Mary x Winkel + dated May 21 19 86 , and recorded may 7R 19Rd; , In Book 847 , at page 70 in the Johnson County Recorder's Office covering the following described real estate: Commencing 18 feet west of the southeast corner of Lot 7 in Block 46 in Iowa City, Iowa, according to the recorded plat thereof, thence north 150 feet, thence west 37 feet, thence south 150 feet, thence east 37 feet to the place of beginning. WHEREAS, Iowa 'state Bank Trust COmnany is about to loan the sum of 48,500 on a promissory note to be executed by William r Winkel sick W.C. Winkel and Mary R Winkel --------L secured by a mortgage covering the real estate described, and WHEREAS, to induce Bank to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by nk c Truer Company For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: M 2 1. Subordination. The City hereby covenants and agrees with Bank that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Iowa state Bank z Trust co. 2. Consideration. In consideration of the City subordinating the rehabilitation loan held by it to be the mortgage of _ Iowa state Bank i Trust Company , shall .make the above-mentioned loan to willian C. Winkel and Mary E. Winkel 3. Mortgagee. The mortgage to Iowa state Bank i Trust Company shall be in the amount of $ 48,500.00 with interest at 11 percent due and payable in 36 monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the - rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. CITY OF IOWA CITY IYO r ATT,�EST: } 4/ City -Clerk 4' — STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On thisqday of S a 1991, before me, the undersigned, a— o ary PubT c n an or e a e ofLowa, personally appeared john ` and Magian a t{arr- to me persona y mown, w o, a ng y me duly sworn, say a they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Irlno a and C:+� CIerA� as such o cers ac ge a execu ian of saj3 ns rumen o e e voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. a Notary Public in and for said State RESOLUTION NO. 91-245 RESOLUTION AUTHORIZING EXECUTION OF A LIMITED RELEASE AGREE- MENT CONCERNING STORMWATER MANAGEMENT EASEMENT AGREE- MENT WITH WHISPERING MEADOWS SUBDIVISION, PART ONE. WHEREAS, the City of Iowa City, Iowa, a municipal corporation ("City"), and C B Development, Ltd., an Iowa corporation ("Subdivider"), entered into a stormwater management easement agreement dated May 14, 1991, and filed for record in the Johnson County Recorder's Office as Book 1232, pages 23-29; and WHEREAS, the City does not ordinarily release a subdivision from the construction requirements included in the stormwater management easement agreement until permanent groundcover is established and mowable; when erosion and sedimentation are wholly or substantially controlled; and when substantially all lots within the tributary area which is within the subdivision have been developed, all as determined by the City Engineer; and WHEREAS, in the interim, a lien remains on the subdivision herein, with a cloud on the titles of all properties within Whispering Meadows Subdivision, Part One; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the attached limited release agreement would remove the cloud on the title to the properties in the subdivision while the City would remain protected by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the stormwater management easement agreement would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: It is in the public interest to execute the attached limited release agreement for Whispering Meadows Subdivision, Part One, in order to protect local property values. 2. The Council finds that transfer of the real estate lien to the escrow account is reasonable under the circumstances, and protects the City's interests herein. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the attached limited release agreement for recordation by the subdivider in the Johnson County Recorder's Office. a_15 Resolution No. 91-245 Page 2 4. Upon certification from the City Engineer that construction of the stonnwater management facility has been satisfactorily completed, with permanent groundcover established and mowable, with erosion and sedimentation wholly or substantially controlled; and in the opinion of the City Engineer substantially all lots within the tributary area within the subdivision have been developed, the Mayor and City Clerk are authorized to execute a release, for recordation in the Johnson County Recorder's Office. It was moved by Novick and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald �— Novick Passed and approved this 17th day of September 1991. fe A'YO R Appr, b ATTEST: /4� \ /l 2 // d f/ CIT CLAY ERK City Attomey's Office `f IO 9/ cadatallega Nmeadows. res Q45 LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation ("City"), and C B Development, Ltd., an Iowa Corporation ("Subdivider"). In consideration of the mutual promises provided herein, the parties hereto agree as follows: 1. The parties acknowledge that by reason of a Subdivider's Agreement for Whispering Meadows Subdivision Part One (The Subdivision) which is dated May 14, 1991, and filed for record in the Johnson County Recorder's Office in Book 1232, Pages 23 through 29, the Subdivider is obligated to construct a storm water management facility ("Facility") as required by the City and as a benefit to the Subdivision. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. The parties acknowledge that $71,300.00 has been placed in escrow with the City for all lots in the Subdivision. The parties further acknowledge that this escrow is being retained by the City pending substantial completion of the Facility, as certified by the City Engineer. 3. The Subdivider acknowledges that construction of the Facility herein has not yet been substantially completed, and that final acceptance by the City of the Facility is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and cloud on the property- described above. 4. In consideration of the City's limited release of this lien, the Subdivider agrees that the lien on any lot in the Subdivision shall be transferred to and shall immediately attached to the escrow for this property and that this lien shall remain attached to the escrow until such time as the basin has been completed; permanent groundcover is established and mowable; erosion and sedimentation are controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area which is within the Subdivision have been developed. At such time, the Facility may be accepted by the City, and a general release given to the Subdivider for recordation. 5. The City agrees that at such time as the Facility has been substantially completed as determined by the City Engineer, the City will release the escrow to the Subdivider except for $5,000.00 of said escrow which amount will be retained until all work on the Facility has been completed and accepted by the City as provided above. �� - 2 - 6. In consideration thereof, the City does hereby release all lots in the Subdivision from any lien or cloud now placed on the title to the above properties for the purposes stated in paragraphs 2 through 4 above. 7. This Limited Release Agreement shall not be construed as a release of the obligations of the Subdivider to complete the storm water management facility and the site work incident thereto which obligations shall remain the responsibility of the Subdivider until the Facility has been completed and finally accepted by the City. 8. This Limited Release Agreement shall in no way alter, amend or modify the Subdivider's Agreement filed of record in Book 1232, Pages 23 through 29, Records of Johnson County, Iowa, except as provided herein. C B DEVELOPMENT, LTD. By �n ,, 6 Carol Barker President and Secretary CITY OF IOWA CITY, IOWA Byi oG or V ooh�n McDonald, /Mayor BY Marl -an K. Karr, City Clerk aj+5 - 3 - STATE OF IOWA ss: JOHNSON COUNTY On this / ' day of I T , 1991 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker to me personally known, who, being by me duly sworn, did say that she is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Carol Barker as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by her voluntarily executed. ♦♦ CHARLES A. *MEN F MY COMMISSIOND(PiRE,9 SWWbV 29,1994 Notary Public in and Pbr the NState of Io a STATE OF IOWA ss: JOHNSON COUNTY On this (7 rA' day of �SEPTSIT BER , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. "Cm Notary Public in and for the State of Iowa C5 V)FS 6K RESOLUTION NO. 91-246 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Harold's.- 130 S. Dubuque St. Wal-Mart Store 111721 - 1001 Hwy 1 West It was moved by Novick and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick x Passed and approved this 1st day of October 19 91 Attest: i� 7c. Taut Ci Jerk yor C2� X�& RE5 B K RESOLUTION NO. 91-247 RESOLUTION ACCEPTING THE WORK FOR THE PARK ROAD BRIDGE PIER PROTECTION PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Park Road Bridge Pier Protection Project as included in a contract between the City of Iowa City and J.F. Brennan Co., Inc., of LaCrosse, Wisconsin, dated April S, 1991, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Novick and seconded by uoro�itz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO COURTNEY HOROWITZ KUBBY LARSON McDONALD NOVICK Passed and approved this Is day of 0 oh r 1 1991. AYOR ATTEST F1»31TIMMIMr9T01 AM � 7 a41 RESOLUTION NO. 91-248 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER AND PAVING IMPROVEMENTS FOR GALWAY HILLS, PART 1 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary and storm sewer improvements for Galway Hills, Part 1 as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Galway Hills, Part 1 as constructed by Metro Pavers, Inc. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Novick and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO x COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 1st day of October 1 1991. "a—e, MAYOR ATTEST: c:\council\accpwrk2.res k�s bt� ZAPP:0VE1AS T� C ty Attorney's Office 1'i - -yi PS5 Bv-- RESOLUTION NO. 91-249 RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE CLASSIFICATION FOR LOTS 16-19 OF BAILEY AND BECK ADDITION FROM GENERAL COMMERCIALTO RESIDENTIAL (2-8 DWELLING UNITS PER ACRE). WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the community; and WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable within the context of set goals and objectives described within the Plan; and WHEREAS, the City Council, following public hearing, has made the following findings: A. That Lots 16-19 of Bailey and Beck Addition is a tract of land in the city located north of Highway 1 West on the east side of Hudson Avenue. B. Residential uses presently occupy the subject properties and have occupied them for a number of years. C. The subject properties are part of the Hudson Avenue neighborhood which is recognized as providing affordable housing opportunities for both renters and homeowners. D. Classifying the subject properties for residential land uses will more effectively preserve the desirable characteristics of the Hudson Avenue residential neighborhood. WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that changing the land use classification for Lots 16-19 of Bailey and Beck Addition from General Commercial to Residential (2-8 dwelling units per acre) falls within the context of the goals and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Comprehensive Plan Land Use Map is hereby amended by changing the land use classification for Lots 16-19 of Bailey and Beck Addition from General Commercial to Residential (2-8 dwelling units per acre). cv(� Resolution No. 91-249 Page 2 It was moved by Ambrisco and seconded by Horowitz adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be x Ambrisco x Courtney x Horowitz x Kubby x Larson X McDonald x Novick Passed and approved this 1st day of October 1991. AYOR Approv by ATTEST: 2h" -O 7/J CI CLERK City Attorney's Office 7111-11V ppdadminUts16-19.res t;I RESOLUTION NO. 91-250 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOT 8 OF BLOCK 2 (EXCEPT E 150' THEREOF), TOWNCREST ADDITION. WHEREAS, the owner, Towncrest Investment Associates, has filed an application for approval of a preliminary and final Large Scale Non -Residential Development Plan for Lot 8 of Block 2 (Except E 150' thereof) Towncrest Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission, and after due deliberation the Commission has recommended that it be accepted and approved subject to the granting of a special exception for the waiver of a portion of the side yard and a special exception to allow off-site parking; and WHEREAS, the Board of Adjustment has granted special exceptions for waiver of the side yard and to allow off-site parking; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan for Lot 8 of Block 2 (Except E 150' thereof), Towncrest Addition are found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final Large Scale Non -Residential Development Plan for Lot 8 of Block 2 (Except E 150' thereof) Towncrest Addition, is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan; the owner shall record said plan at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. ever reC-0r-Jecl. Slerce-did. Chrt!54 nsorl . IF 6r 4cm asC> Resolution No. 91-250 Page 2 It was moved by Ambrisco and seconded by Hnrnvir, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this Igt day of October , 1991. AYOR Approved by ATTEST: 76t i CITY—CLERK � Cit�rney's Office f-2-wz_yi a5a RESOLUTION NO. 91-251 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION AND REMODELING OF THE IOWA CITY CIVIC CENTER COUNCIL CHAMBERS FOR HANDICAPPED ACCESSIBILITY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 22nd day of October, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at, 7:30 P.M. on the 29th day of October, 1991 or at such later time and place as may then be fixed. It was moved by Larson and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Novick X Courtney X Horowitz X Kubby X Larson X McDonald Pb2A&---�c ssed and approved this ist- day of ortobpr , 1991. APPROVED AS TO FORM MAYOR ATTEST: �,�e� 9i• .� i��Gr�ht������ ITY CLERK C ty Attorney's Office RESOLUTION NO. 91-252 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR AN EQUIPMENT SHELTER FOR TRUNKED RADIO PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPA- NY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans, specifications, form of contract, and estimate of cost for the purchase of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 10th day of October, 1991. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 15th day of October, 1991. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick as A Resolution No. 91-252 Page 2 Passed and approved this 1st day of October , 1991 ATTEST:pa,�, CITY -CLERK finpurcMegpshelt. res AYOR Approved by City Attorney's Office 6, j/ 0 ; Rer- 61t RESOLUTION NO. 91-253 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 435 OAKLAND AVENUE. WHEREAS, the City of Iowa City is the owner and holder of a certain life lien which has an amount due of $3,000, and this lien was executed by the owner of 435 Oakland Avenue on December 22, 1989, and recorded January 12, 1990, in Book 1100, at Page 107 in the Johnson County Recorder's Office covering the following described real estate: Lot 43 in Oakes Third Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, page 28, Plat Records of Johnson County, Iowa. WHEREAS, Iowa State Bank & Trust Company, Johnson County, Iowa, will make a loan at the sum of $49,000 on a mortgage that will be executed by the owner of 435 Oakland Avenue covering the real estate described above, and WHEREAS, Iowa State Bank & Trust Company has requested that the City execute the attached subordination agreement thereby making said rehabilitation lien held by the City subordinate to the lien of said mortgage that was by Iowa State Bank & Trust Company, and WHEREAS, there is sufficient value in the above described real estate to secure said rehabilitation loan as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Iowa State Bank & Trust Company of Iowa City, Johnson County, Iowa. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald —37— Novick Passed and approved this 1st day of October �f 1991. AYOR Approved by ATTEST: CIT LERK ppdcdbp\435oak1.res CWAttorneyw Office q.2s - 6'/ I53 0 SUBORDINATION AGREEMERf-HAB RE� SEP 2 4 1991 Q— AGREEMENT made this 1st day of October , 19 91, between the City of Iowa City, Johnson County, Iowa, herein referred to as the City, and Iowa state Hank s Trust , of Iowa City, Johnson County, Iowa. IT IS AGREED AS FOLLOWS: WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 3,000.00 executed by Lorene Michelle Hunter and N/A dated December 22 19 39, and recorded January 12 , 19 90 in Book lloo , at page 107 , in the Johnson County Recorder's Office covering the following described real estate: Lot forty three (43) in Oakes Third Addition to Iowa City, Iowa according to the recorded plat thereof in Platt Record 2, page 28, Plat Records of Johnson County, Iowa. WHEREAS, Iowa state Hank a Trust Company is about to loan the sum of $ 49,000.00 on a promissory note to be executed by Lorene Michelle Hunter and N/A secured by a mortgage covering the real estate described, and WHEREAS, to induce Hank to make such loan it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage about to be made by Iowa state Hank s Trust Company For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the City agrees as follows: 1253 2 1. Subordination. The City hereby covenants and agrees with Rank that the above-mentioned rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by Iowa state Bank S Trust Company 2. Consideration. In consideration of the City subordinating the rehabilitation loan held by it to be the mortgage of _ Iowa state Bank a Trust company., shall make the above-mentioned loan to Lorene Michelle Hunter 3dNa& 3. Mortgagee. The mortgage to Iowa state Bank s Trust company shall be in the amount of $ 49,000.00 with interest at _ percent due and payable in 36 monthly installments and the City hereby acknowledges the notice of the mortgage and acknowledges it as a lien superior to the rehabilitation loan of the City. 4. Binding effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. CITY OF IOWA CITY ayor ATTEST: 2�ti� � "City—Clerk SEP 2 4 1991 J53 STATE OF IOWA SS: JOHNSON COUNTY Ru'r -,:'n �:,r:r. D 3 E P 24 1991 On this te�a' _day of acro 1954, before me, the undersigned, aaPotary Pub is n an or e a e of Iowa, personally appeared -i ft c and IYlar'.ar, J4. to me persona y known, w o, e ni g b duly s Mjlia say ra they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said and (�'�_ elp� as such office ac no age the execution ofsaid Dins rumen oii 5e die—voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. Sr' r 'P� Notary Public in and for said State J53 \% . P�ers $K RESOLUTION NO. 91_954 RESOLUTION ESTABLISHING A FEE FOR THE PROCESSING OF HOUSING REHABILITATION LOAN SUBORDINATION AGREEMENTS. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing & Urban Development (HUD), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council has budgeted Community Development Block Grant and Rental Rehabilitation funds to engage in a housing rehabilitation program within the City of Iowa City city limits; and WHEREAS, said program involves life liens, low interest loans, and depreciating liens as methods of financing rehabilitation; and WHEREAS, these loans/liens are often in a second lien position behind a mortgage or land sale contract; and WHEREAS, when the first position loan/liens are refinanced, the financing agency requests the city to subordinate back to their second position lien; and WHEREAS, the administrative process of subordinating said loans/liens takes considerable staff time and an administrative fee in consideration for the subordination would be appropriate. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a fee for consideration of subordination agreements be established as follows: Legal Department - $ 50 CDBG staff - 100 Total $150 It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick a5-'( Resolution No. 91-254 Page 2 Passed and approved this 1st day of October . 1991. YOR ATTEST: ble, , J - i 7C�,+_.�J CIT? -CLERK rehbsbor.res Approved by City Attome s Office f-zS_-F/ J6-' Re� $K RESOLUTION NO. 91-255 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH von BRIESEN AND PURTELL, S.C., BY STEVEN B. RYNECKI, FOR LABOR NEGOTIATION SERVICES. WHEREAS, the City of Iowa City and von Briesen and Purtell, S.C., by Steven B. Rynecki, have negotiated an agreement providing for labor relations services, and WHEREAS, the City Council deems it in the public interest to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized to enter into an agreement, attached hereto, with von Briesen and Purtell, S.C., by Steven B. Rynecki, for labor negotiation and related services for a two-year period beginning October 1, 1991. It was moved by Horowitz and seconded by Ambrisco . that the Resolution be adopted, and upon roll call there were': AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 1st day of October 1991. AYOR Approved by ATTEST- CITY-CLERK TTEST:CI LERK human rel\union s\la borneg.res City Attorney's Office a55 LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the 'City' is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Purtell, S.C., by Steven B. Rynecki, 411 East Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53202-4470, provides and offers such services. NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Purtell, S.C., by Steven B. Rynedci, to represent City in labor negotiations and certain other labor relations and personnel matters as requested by the City. 2. von Briesen & Purtell, S.C. perform such services which may include, among others: (a) Negotiations and drafting of labor agreements; (b) Analysis and recommendations on salaries, benefits and personnel policies for unorganized employees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the U.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitration proceedings, personnel administration, employee communications assistance, supervisory training, safety consultations and employee benefit review; (f) Consultation and advice in the handling of strikes, slowdowns and other work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Purtell, S.C. and paid for by City at the hourly rate established under the addendum attached hereto. Overhead expense such as clerical services and use of equipment and library (except computerized research facilities and copying costs) are included in such hourly rates and are not separate charges. (b) von Briesen & Purtell, S.C. will bill City for its services and expenses on a monthly basis, such invoice to contain a listing of the activities and services performed and the expenses incurred. 4. This agreement shall be in effect for atwo-year period beginning October 1, 1991, and continue in effect and be binding on the parties, their successors and assigns. Any amendments to or modifications of this agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have signed this agreement this third day of October 1991. von BRIESEN & PURTELL, S.C. By: Steven B. Rynecki � v m,. i , v„ CITY OF IOWA CITY, IOWA Approved By City Attomey's Office �c�_ y, ass FEE SCHEDULE Pursuant to paragraph 3(a) of the attached Labor Relations Services Agreement between the City of Iowa City, Iowa and von Briesen & Purtell, S.C., by Steven B. Rynecki, the rate for labor relations consulting services is established at $125 per hour up to a maximum of $17,500 per year. This fee arrangement shall only apply to services related to negotiating, through mediation of up to three (3) labor agreements per year [one (1) for the police department bargaining unit, one (1) for the AFSCME bargaining unit and one (1) for the fire department bargaining unit]. If less than three contracts are to be negotiated, then the fee for one contract shall be no more than $7,500.00 and the fee for two contracts shall be no more than $14,000. Fees for other services shall be charged at $150.00 per hour. Timd spent in travel outside the hours of 8:00 a.m. and 6:00 p.m. shall not be charged. ACCEPTED: CITY OF IOWA CITY L"i WMA gAoa�r�� Date: - /O— 3- 9t von BRIESEN 8 PURTELL, S.C. By: J U v— V' `-1 Steven B. Rynecki -2- a55 P ` RES RESOLUTION NO. 91-256 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE POLICE DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN. WHEREAS, Resolution No. 91-43 adopted by the City Council on March 5, 1991, authorized permanent positions in the Police Department for FY92; and WHEREAS, Resolution No. 91-78, adopted bythe City Council on April 16, 1991, established a classification/compensation plan for Administrative employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Police Department be amended by: 1. The deletion of one full-time Deputy Police Chief, paygrade 59. 2. The deletion of two full-time Police Sergeants, paygrade 56. 3. The addition of four (4) full-time Police Lieutenants, paygrade 58. BE IT FURTHER RESOLVED that the Administrative Pay Plan be amended by: 1. The deletion of the position of Deputy Police Chief, paygrade 59. 2. The addition of the position of Police Lieutenant, paygrade 58. It was moved by Court A� and seconded by Ambrisee the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco x Courtney Horowitz x Kubby g Larson X McDonald X Novick Passed and approved this 1 day of October 1991. AYOR Approved by ATTEST: a,ve/ CIT ? -CLERK humanrehpolice.res City Attorneys Office f--,? <1-,71 a 561 SES RESOLUTION NO. 91-257 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR WALNUT RIDGE, PART 1 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary and storm sewer improvements for Walnut Ridge, Part 1 as constructed by Maxwell Construction Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's off ice, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved byand seconded by Hnrow; r� that the resolution as read a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 15th day of October 1991. �E AYOR APPR VED AS O FORM ATTEST: leu , �� CI CLERK ityAttorney's Office c:\council\accpwrk2.res l4-/0.- 9� ash X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 15th day of October 1991. �E AYOR APPR VED AS O FORM ATTEST: leu , �� CI CLERK ityAttorney's Office c:\council\accpwrk2.res l4-/0.- 9� ash J RESOLUTION NO. 91-258 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE STORM SEWER IMPROVEMENTS FOR IDYLLWILD SUBDIVISION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Storm sewer improvements between the north right-of-way line of Taft Speedway and the Iowa River as constructed by Weber Brothers Construction Co. of Mechanicsville, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Courtney and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 15th day of October 1 1991. Gum l2�cc-� XM'A APP OVED A TO FORM h/1�" ATTEST: ///at[mr� �(• how r� ��c�Q/ CI CLERK ity Attorney's Office /D- /o- Of/ c:\council\accpwrk.rez Cha X AMBRISCO % COURTNEY % HOROWITZ % KUBBY X LARSON % McDONALD % NOVICK Passed and approved this 15th day of October 1 1991. Gum l2�cc-� XM'A APP OVED A TO FORM h/1�" ATTEST: ///at[mr� �(• how r� ��c�Q/ CI CLERK ity Attorney's Office /D- /o- Of/ c:\council\accpwrk.rez Cha S RESOLUTION NO. 91-259 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN IMPROVEMENTS FOR GALWAY HILLS, PART 1 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Water main improvements for Galway Hills, Part 1 as constructed by Maxwell Construction Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Courtney and seconded by Hornwit, that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 15th day of October 1 1991. 0,�� AAY04RW ATTEST: c:\council\accpwrk 1. res AS TO FORM ;t� s Office lJ-il—sj X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 15th day of October 1 1991. 0,�� AAY04RW ATTEST: c:\council\accpwrk 1. res AS TO FORM ;t� s Office lJ-il—sj L RESOLUTION NO. 91-260 RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NOW RESIDENTIAL DEVELOPMENT PLAN FOR LOT 2, EMPIRE ADDITION. WHEREAS, the owner, Carolyn Shive-Henry, has filed an application for approval of the amended preliminary Large Scale Non -Residential Development Plan for Lot 2, Empire Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission; and after due deliberation, the Commission has recommended that it be accepted and approved subject to: The applicant agreeing to either the installation and maintenance of a temporary sewage collection and treatment system that meets City and County regulations or connection to the municipal sanitary sewer system via a private lift station and force main which complies with City regulations. 2. The applicant agreeing that at such time municipal sanitary sewer service is reasonably available to the site, connection will be made thereto and that approval of this plan shall not operate as a bar to future enforcement of the City sewer connection require- ments 3. Prior to final approval of this Large Scale Non -Residential Development plan, the owner will execute a document containing these conditions; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Plan for Lot 2, Empire Addition is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the amended preliminary Large Scale Non -Residential Development Plan for Lot 2, Empire Addition is hereby approved. 2. That prior to approval of the final Large Scale Non -Residential Development Plan for Lot 2, Empire Addition, the owner shall execute an agreement containing the conditions set forth above. 3. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said preliminary plan. o7(co Resolution No. 91-260 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: Horowitz the Resolution be ABSENT: X Ambrisco X Courtney X Horowitz % Kubby x Larson McDonald X Novick Passed and approved this 15th day of October 1991. YOR Approv d by ATTEST: A�,J ?f/. v� J CITY CLERK ppdedmin\empire.res R?s dp\ RESOLUTION NO. 91-261 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA COMMUNITY BETTERMENT ACCOUNT FUNDING ON BEHALF OF SUEPPEL'S FLOWERS, INC. WHEREAS, the Iowa Community Betterment Account (CEBA) program provides loans to cities to provide economic development, create long-term employment opportunities, and provide for the expansion of existing businesses in Iowa; and WHEREAS, Sueppel's Flowers, Inc. is an existing business with two locations in Iowa City; and WHEREAS, the expansion of Sueppel's Flowers, Inc. will result in the creation of 16 new, full- time employment opportunities in 24 months; and WHEREAS, Sueppel's Flowers, Inc. is requesting an $18,000 forgivable loan which is expected to leverage up to $225,000 of private investment; and WHEREAS, the expansion of existing businesses is in the interest of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign the application to the Iowa Department of Economic Development for a CEBA forgivable loan of $18,000, such funds to, in turn, be loaned to Sueppel's Flowers, Inc. 2. If the CEBA loan is approved, the City Manager and City Attorney are authorized and directed to prepare and have executed appropriate documentation for the loan. It was moved by Larson and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: X X X X X X NAYS: ABSENT: X Ambrisco Courtney Horowitz Kubby Larson McDonald Novick OW Resolution No. 91-261 Page 2 Passed and approved this 15th day of October 1991. AYOR Approved by ATTEST: u ati� 75 7e�„J CITY -CLERK City Attorney's Office �o//D//�/ ppddirlsueppels.res RESOLUTION NO. 91-262 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR A GRANT FROM THE IOWA RAIL ECONOMIC DEVELOPMENT PROGRAM. WHEREAS, the Procter & Gamble Iowa City plant has proposed an expansion which will create not less than 100 jobs within two years; and WHEREAS, the City of Iowa City has agreed to procure a $100,000 grant from the Iowa Department of Transportation to assist in the P&G plant expansion by constructing a new rail spur. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest the agreement for grant funds. It was moved by Courtney and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 15th day of October 1991. AYOR ATTEST: /f� 9 • 76Q� CITY --CLERK ppd adm i n\p &gs pur. res Approved y City Attorney's Office /6 Ib f/ RM � i�escrK 9a-6 RESOLUTION NO. 91-263 RESOLUTION TEMPORARILY CLOSING STREETAND ALLEY RIGHTS-OF-WAY IN AND ABUTTING BLOCK 62, ORIGINAL TOWN AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT- OF-WAY BETWEEN THE CITY OF IOWA CITY AND DIVERSIFIED PROPERTIES, INC. WHEREAS, Diversified Properties, Inc. ('Owner") is restoring the building known as the Iowa Apartments located in the northwest quarter of Block 62, Original Town, bounded by Washington, Gilbert, College and Linn Streets in Iowa City, Iowa; and WHEREAS, Owner wishes to secure the construction site against pedestrian and vehicular traffic, while providing for the delivery of construction materials and equipment so as not to interfere with traffic safety; and WHEREAS, City and Owner acknowledge the need to temporarily close street and alley rights-of- way in order to accomplish the restoration of the apartment building which fronts public streets as well as a public alley; and WHEREAS, the Parties acknowledge the City's need to assure a safe construction, site at a properly safe distance from traffic, so as not to impede traffic or endanger lives or property; and WHEREAS, Iowa law provides that streets and alleys may be temporarily closed by resolution, Section 364.12, Code of Iowa (1991); and WHEREAS, an Agreement for Temporary Use of Public Right -of -Way containing such conditions has been prepared and is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: it is in the public interest to protect public rights-of-way and traffic safety while, at the same time, accommodating construction on private property. 2. To this end, the following public rights-of-way are hereby temporarily closed: Linn Street from the east right-of-way line to the east curb line between the south right-of- way line of Washington Street and the north right-of-way line of the alley; Washington Street between the south right-of-way line and the south curb line from the east right-of- way line of Linn Street to 80 feet east. Also, the north eight feet of the alley in Block 62, Original Town, from the east right-of-way of Linn Street to 80 feet east. The Owner may also close the south twelve feet of the alley in Block 62, Original Town from the east right-of-way of Linn Street to 80 feet east, -between the hours of 8:00 a.m. and 5:00 p.m., for the sole purpose of loading and unloading construction materials and equipment. Such temporary closing shall take effect immediately, and shall continue not longer than one calendar year, all as provided in the attached Agreement. 043 Res. No. 91-263 3. The Agreement for Temporary Use of Public Right -of -Way attached hereto Is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office at Owner's expense. It was moved by courtney and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 15th day of ATTEST: 24&4- .� {��'—`L= C CLERK pweng\res a X Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by Ci Attorney's Office /d–//– 9/ a AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made between the City of Iowa City, a municipal corporation ('City"), and Diversified Properties, Inc., an Iowa corporation COwner7. WHEREAS, Diversified Properties, Inc. ('Owner') is restoring the building known as the Iowa Apartments located in the northwest quarter of Block 62, Original Town, bounded by Washington, Gilbert, College and Linn Streets in Iowa City, Iowa; and WHEREAS, Owner wishes to secure the construction site against pedestrian and vehicular traffic, while providing for the delivery of construction materials and equipment so as not to interfere with traffic safety; and WHEREAS, City and Owner acknowledge the need to temporarily close street and alley rights-of- way in order to accomplish the restoration of the apartment building which fronts public streets as well as a public alley; and WHEREAS, the Parties acknowledge the City's need to assure a safe construction site at a properly safe distance from traffic, so as not to impede traffic or endanger lives or property; and WHEREAS, Iowa law provides that streets and alleys may be temporarily closed by resolution, Section 364.12, Code of Iowa (1991); and WHEREAS, the City agrees to temporarily close certain streets and alley rights-of-way to accommodate said construction. NOW, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, CITY AND OWNER AGREE AS FOLLOWS: City agrees to temporarily close the following streets and alley rights-of-way to accommodate owner's proposed restoration and construction: Linn Street from the east rightof-way line to the east curb line between the south right-of-way line of Washington Street and the north right-of-way line of the alley; Washington Street between the south right-of-way line and the south curb line from the east right-of-way line of Linn Street to 80 feet east. Also, the north eight (8) feet of the alley in Block 62, Original Town, from the east right-of-way of Linn Street to 80 feet east (hereafter 'Construction Sitel.Owner may also dose the south twelve feet of the alley in Block 62, Original Town from the east right-of-way of Linn Street to 80 feet east, between the hours of 8:00 a.m. and 5:00 p.m., for the sole purpose of loading and unloading construction materials and equipment. 2. In consideration for temporary use of the above-described City right-of-way during restoration of the Iowa Apartments located in the northwest quadrant of Block 62, Original Town, bounded by Washington, Gilbert, College and Linn Streets, the Owner agrees to secure the Construction Site against pedestrian and public traffic by fencing off the entire frontages, and further agrees that this fencing will extend to the depths of the city's right- of-way to include all the area temporarily dosed by the City, with allowance -for the need a(.3 to provide for pedestrian movement along the east side of Unn and the south side of Washington Streets. 3. The Owner agrees to provide and keep in place and in good working condition signage necessary to: a. Reroute pedestrians; b. Provide advance warning; and C. Provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 4. The Owner will use his best efforts to accommodate all delivery vehicles using the above- described alley in order to provide delivery services to other properties located in Block 62, Original Town. 5. After construction is completed, the Owner agrees to restore all rights-of-way described above to its pre -construction condition and to the City's complete satisfaction. 6. Parties agree this Agreement shall be in effect for a period not to exceed one (1) calendar year beginning with the approval of this Agreement, and ending upon substantial completion of the work. 7. In the event of breach of this Agreement, City may, at its discretion, elect to give notice to the Owner to remove all construction equipment and/or obstructions from the City rights-of-way described above, as provided in Section 364.12, Code of Iowa (1991); and in the event the Owner does not comply with the time period designated in the Notice to Remove, City may elect to remove, or direct removal, of the equipment and/or any other obstructions from the rightsof-way, and to assess the cost of such removal against the Owner's property, as provided by law. 8. The Owner agrees to indemnify, defend and hold the City harmless against any and all claims arising out of this Agreement, including any claims and/or liability which the City may incur as a result of its decision to permit temporary use of its rightsof-way. The Owner further agrees to carry Class II liability insurance in minimum amounts of $500,000 each occurrence, $1,000,000 aggregate bodily injury, $250.000 aggregate property damage with contractual liability coverage included. The Owner shall furnish a certificate of insurance of said insurance coverage which is satistactory'to the City. 9. The Owner agrees to assume responsibility for any and all property losses, personal injuries and damage claims arising out of the Owner's use of the street fights -of -way incurred by reason of the negligence of the Owner or its agents or employees, Including its contractors and subcontractors. 2 X63 10. Notwithstanding Paragraph 5 above, the Owner agrees to proceed with the work in a timely manner, and to limit the duration of occupation on the Linn Street right-of-way to 60 consecutive calendar days or less, the Washington Street and the alley rights -of way to 45 consecutive calendar days or less. Dated and signed this day of CITY OF IOWA CITY, IOWA 1991. DIVERSIFIED PROPERTY, INC., OWNER an Iowa corporation By; By: Mayor Attest: By: ClJerk Approved by: City Attorney's Office 16'- //-q/ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Gary Gruwell, President Robert W. Fox, Secretary CITY'S ACKNOWLEDGEMENT On this /5 ru day of Oaizzy it , 1991, before me, SM2Akj- N71*t� a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 9t -JL4 passed (the Resolution adopted) by the City Council, under Roll Call No. �_ of the City Council on the /5 Tw day of OCMAT R , 19_gL_, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 3 ,74,3 OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 19 —'before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared. and to me personally known, who, being by me duly sworn, did say that they are the and respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State pweng\preston.agm a��j A RESOLUTION NO.91-264 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND THE STATE OF IOWA TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF A FIBER OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF COMMUNICATIONS BETWEEN VARIOUS STATE FACILITIES WHEREAS, pursuant to the Iowa Code (1991), Section 364.12, Iowa cities are responsible for keeping public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossings, public ways, squares, and commons open, in repair, and free from nuisance; and WHEREAS, Iowa Code (1991) Section 364.2(4), authorizes Iowa cities to grant public utility franchises regulating "the conditions required and the manner of use of the streets and public grounds of the city...." and Iowa City has granted such franchises to gas, electric, and telecommunications companies, each of which has installed wires, pipes, conduits, and related equipment over, under, across and upon public property throughout the city; and WHEREAS, in,addition to franchise utilities, the City of Iowa City operates utility systems that provide water and sewer service to its residents, which include water and sewer lines, pipes and appurtenances over, under and across public property in the city; and WHEREAS, the State of Iowa desires to construct, own, operate and maintain an underground fiber optic cable system through Iowa City to provide communications between various state facilities; and WHEREAS, said fiber optic cable system will follow a route reviewed and approved by the Public Works Department; and WHEREAS, the State of Iowa has not heretofore obtained the authority or permission of the City of Iowa City to place said fiber optic cable system under and across city street and alley right-of-ways; and WHEREAS, a License Agreement has been negotiated and prepared, which License Agreement would extend to the State of Iowa the right to place its fiber optic cable system in certain city streets and would serve to minimize conflicts and promote cooperation between the city and the State of Iowa in the operation of their respective utility systems; and WHEREAS, this City Council has been.advised and does believe that it would be in the best interests of the City of Iowa City to approve and execute said License Agreement in favor of the State of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the "License Agreement Between the City of Iowa City, Iowa, Licensor, and the State of Iowa, Licensee" a copy of which is attached hereto and made a part hereof, be and the same is hereby approved as to form and content. Res. No. 91-264 AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said License Agreement for and on behalf of the City of Iowa City. It was moved by Horowitz and seconded by Novick that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 15th day of October 1991. APPROVED AS TO FORM ATTEST:1Q��e,.i 7E� CIT7TYYY CLERK City Attorney's Offic�. 9=aa-f/ a6jf AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE STATE OF IOWA TO PROVIDE FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF THE IOWA COMMUNICATIONS NETWORK. SECTION 1. DEFINITIONS a. "City " shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any improvements on Public Property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines, and equipment related thereto, C. "Public Property" shall mean City -owned or controlled public rights-of-way easements, bridges, squares and commons. d. "Network" shall mean The Iowa Communications Network, The State of Iowa, Department of General Services, and shall include all equipment owned operated, leased or subleased by the State of Iowa in connection with the operation of The Iowa Communisations Network, and shall include but not be limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures or appurtenances. SECTION 2. BASIC GRANT The State of Iowa is hereby granted a license to construct, maintain, inspect, protect, repair, replace, retain a communications system in, under, upon, along and across the Public Property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work, or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement specifying the Public Property under which or upon which it proposes to extend, expand, install or repair its system. The Director of Public Works may require that the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan , map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City owned public utility system facility and refer the same back to the Network for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department, and after the approval of the same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5, and all work shall be in accordance with the approved maps plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Uniform Manual for Traffic Control. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's Regulations. As a condition to use of public right-of-way, the Network shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after five days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public places for purposes of routine repair, replacement, and maintenance of poles, wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions, requirements, and regulations in performing such work. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section the City may: Repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this Agreement shall be construed as to relieve any other person or corporation from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of the agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract or other type of work order. �r SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by The Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be assessed to the Network and shall be paid as provided in Section 5 hereof. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, or electrical transmission lines, or any public utility facility. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications place to the toll free "One -Call" number. Installation, repair, or replacement work completed by the Network on any facilities requiring excavation of public property or public right -0f --way shall require restoration and replacement of surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. Installation, repair or replacement work completed by the Network on any facilities shall require that installations within the drip lines of trees on public property or within public right -of --way shall be installed by boring to avoid damage to roots systems. SECTION 9. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 10. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as -built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records on the locations and operations of its facilities oi167 under in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement, or codes or ordinances lawfully regulating the Network in the operation of its facilities, or in the use of public property therefore, is occurring, or has occurred, (hereinafter referred to as a 'default') the City shall cause an investigation to be made. If the City fords that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall notify the Network of the default and the Network shall cure such default within thirty days after receipt of such notice. If the Network fails to cure a default within the time allowed, the City shall have the right to: (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or (iii) seek damages for such default; or (iv) any combination of (i), (ii) and (iii). SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE THE Network covenants to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public rights-of-way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be set by The City. SECTION 13. SEVERABILITY In the event that a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity or illegality or change shall in no way affect the remaining provisions of this Agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed, or shall at the City's option, cause a termination of the agreement. SECTION 14. ASSIGNMENT This agreement shall not be assignable without the express consent of the City Council of the City; such consent evidenced by an ordinance or resolution that fully recites the terms and conditions, if any, upon which such consent is given. SECTION 15. VACATION OF STREETS AND ALLEYS So long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of abs this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate it facilities as provided in Section 8 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provide herein, any notices hereunder shall be in writing and shall be delivered via certified mail and, addressed as follows, unless indicated otherwise in the future: If to City: City Manager City of Iowa City 410 E. Washington SL Iowa City, Iowa 52240 If to Network: Project Manager Iowa Communications Network c/o Department of General Services Division of Communications Hoover State Office Building Des Moines, IA 50319 provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. -2w 3 THIS AGREEMENT is entered into as of the LS 704 day of�T FL? , 1991. STATE OF IOWA CITY OF IOWA CITY, IOWA GI�JE GRANTO B�/yCTIo F 1110 ( MAYOR JOHNSON COUNTY) SS STATE OF IOWA CITY City On this J5'774 day of 0gptgR . 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared —34, the Dcaud and [fjeje,4. g g2rr , to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution ) No. /—Q4.* assed (the Resolution adopted) by the City Council, on the /5 7'9 day of 1991, and that Jolv�m� DZyg(�and 1`I�nr•l tin K, i�Grn acknowledged the execution of the instrument to be thew voluntary act and deed and the volunta— ry ac—tet and deed of the corporation, by it voluntarily executed. &tdre.i Notary Public in and for the State of Iowa POLK COUNTY) ) SS STATE OF IOWA) On this I I4,1� day of bU , 1991, before me , the undersigned, a Notary Public in and for the State of Iowa, personally appeared n rn d. Cr&,Acll , tome personally known, who being duly sworn, did say that he is the authorized representativ f the State of Iowa executing the foregoing instrument; that the instrument was signed on behalf of the State of Iowa under authority granted by the State of Iowa; that _acknowledged the execution of the instrument to be the voluntary act and deed of the State of Iowa, by it and by him voluntarily executed. Notary Public ' and for the Sta of Iowa _XT .af, meiHx3 1 J ,s Bk RESOLUTION NO. 91-265 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE PROCUREMENT OF AN EQUIPMENT SHELTER FOR TRUNKED RADIO PROJECT. WHEREAS, L & R Communications Limited has submitted the best bid of 9 25,875.20 for the procurement of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the procurement of the above-named project is hereby awarded to L & R Communications Limited, Sioux City, IA ,subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the procurement of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by; No$k!'k and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Passed and approved this 1 Srh day of ABSENT: _ 7 Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. AYOR Approved by �ATTEST: CI CLERK *Cty �Att�orne /D- /d - 9i abs RESOLUTION NO. 91-266 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Holiday Inn - Iowa City - 210 S. Dubuque The Que - 211 Iowa Avenue One Eyed Jake's - 18-20 S. Clinton It was moved by Ambrisco and seconded by Horowitz that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 29th day of October , 19 91, AYOR ATTEST: �%/o,,,�) A{ . 7�" CIT CLERK Wanceprm.res Im RESOLUTION NO. 91-267 RESOLUTION ACCEPTING THE WORK FOR THE FY91 SANITARY SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the FY91 Sanitary Sewer Improvements Project as included in a contract between the City of Iowa City and Dave Schmitt Construction Co. of Cedar Rapids, Iowa, dated February 19, 1991, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK Passed and approved this 29thday of October 1 1991. a67 q1 -:s &'- RESOLUTION e RESOLUTION NO. 91-268 RESOLUTION ADOPTING SUPPLEMENT WIBER 50 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 50th supple- ment to the Code of Ordinances of the City of Iowa City,o�nd, WHEREAS, it is deemed appropriate to adopt supplement number 50 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 50 to the Code of Ordinances of the City of Iowa City, Iowa, atta�ied-to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by A,ribo and seconded by Horowitz t, Resolution be ad opte , an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 29th day of October 19 91 &e% Mayor ATTEST: Ci Clerk 'pwld BY City Attomey'8 OtfkO /o -,2 V_ %/ �ss 3� RESOLUTION NO. 91-269 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LAFAYETTE STREET SANITARY SEWER REPAIR PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 'IOWA CITY, IOWA: 1. That a public hearing on the above-mentioned project is to be held on the 12th day of November 1991, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 3. That the plan of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK and approved this 29th day of October , 1991. APPROVED AS TO FORM ATTEST::? CITY CLERK City Attorney's Office /d --a�/ - 9/ cab? RESOLUTION NO. 91-270 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND. FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOT 8 OF BLOCK 2 (EXCEPT E 150' THEREOF), TOWNCREST ADDITION. WHEREAS, the owner, Towncrest Investment Associates, has filed an application for approval of.an amended preliminary and final Large Scale Non -Residential Development Plan for Lot 8 of Block 2 (Except E 150' thereof) Towncrest Addition; and WHEREAS, the Department of Planning and Program Development and the Public"Works Department have examined the amended preliminary and final large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission, and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended preliminary and final Large Scale Non -Residential Development Plan for Lot 8 of Block 2 (Except E 150' thereof), Towncrest Addition are found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the amended preliminary and final Large Scale Non -Residential Development Plan for Lot 8 of Block 2 (Except E 150' thereof) Towncrest Addition, is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan; the owner shall record said plan at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: Passed and anoroved this 29th day of ATTEST: �2 a ccs) 7e. 764x' ,.J CITY CLERK ppdadmi nVowncrest. res ABSENT: YOR Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. ffinflo-foilo;EN-mKoonstim— -.07c, -R&-. bI' RESOLUTION NO. 91-271 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE BY ESTABLISHING A MORATORIUM UNTILAPRIL 1,1992 ON NEW CONSTRUCTION FOR PROPERTYZONED RM -145 AND LOCATED WITHIN THE BOUNDARIES OF THE NEAR SOUTHSIDE NEIGHBORHOOD REDEVELOPMENT PLAN. WHEREAS, the City Council has agreed, in principle, with the concepts outlined in the Near Southside Redevelopment Plan; and WHEREAS, the Plan contemplates major revisions to the requirements of the RM -145 zone, as well as critical decisions required on the issue of parking; and WHEREAS, development in the RM -145 zone within the boundaries of the Plan pursuant to current RM -145 requirements would result in development contrary to, inconsistent with and anomalous to the Plan currently under consideration by the Council; and WHEREAS, such inconsistent and anomalous development would seriously compromise the integrity of the Plan and would be contrary to the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED that a public hearing be set for November 12, 1991, 7:30 p.m., Council Chambers, Civic Center, Iowa City, Iowa 52240, on an ordinance amending the zoning ordinance by establishing a moratorium until April 1, 1992 on new construction for property zoned RM -145 and located within the boundaries of the Near Southside Redevelopment Plan, BE IT FURTHER RESOLVED that the City Clerk be hereby directed to cause notice of this public hearing to be published as required by law. It was moved by Novick and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Courtney Horowitz Kubby x Larson McDonald Novick J-11 Resolution No. q1-271 Page 2 Passed and approved this 29th ATTEST:2 �. CITY CLERK n:\IegaRconstmor.res day of October 1991. P PI'vc. 3 Y5 RESOLUTION NO. 91-272 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF COUNCIL CHAMBERS REMODELING PROJECT WHEREAS, McComas-Lacina Construction Co. Inc. of Iowa City has submitted the best bid of $14,949.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction Co. Inc. of Iowa City subject to the condition that awardee secure adequate performance bond. insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by ..... a� that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick Passed and approved this 29th day of n,rohP, 1991. ATTEST: Q,L 7S 7t� D CITY CLERK MAYOR APPROVED AS TO FORM i<,✓ C ty Attorney's Office /a - 4 7`- 9/ aqP 9p5 QK RESOLUTION N0.91-273 RESOLUTION AUTHORIZING THE ADOPTION AND SUBMISSION OF A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR FISCAL YEARS 1992-1996 UNDER TITLE I OF THE 1990 CRANSTON- GONZALEZ NATIONAL AFFORDABLE HOUSING ACT, INCLUDING ALL THE NECESSARY CERTIFICATIONS AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CHAS WHEREAS, the City of Iowa City, Iowa, is required, in order to apply for certain federal housing programs, to develop a Comprehensive Housing Affordability Strategy (CHAS) under the 1990 Cranston -Gonzalez National Affordable Housing Act; and WHEREAS, the Iowa City CHAS FY1992-1996 has been developed as a plan to provide affordable and supportive housing for all residents of the community; and WHEREAS, the Iowa City CHAS FYI 992-1996 identifies the City's overall need for affordable and supportive housing and outlines a five-year strategy and a one-year plan to address those needs; and WHEREAS, residents of the community have been provided opportunities to comment on the Iowa City CHAS FY1992-1996; and WHEREAS, the adoption of the Iowa City CHAS FYI 992-1996 will make Iowa City funding eligible for affordable housing projects administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Iowa City CHAS FYI 992-1996 and its submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Iowa City, Iowa, Comprehensive Housing Affordability Strategy, FYI 992-1996, filed in the office of the City Clerk, be and is hereby approved and adopted. 2. That the City Manager of Iowa City be and is hereby: A. Directed to submit to the U.S. Department of Housing and Urban Development the Iowa City CHAS FYI 992-1996 pursuant to the 1990 National Affordable Housing Act; and B. Authorized and directed to provide all the necessary certifications required by the Department of Housing and Urban Development in connection with the Iowa City CHAS FYI 992-96; and C. Designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the Iowa City CHAS FYI 992-96 and to provide additional information as may be required. 073 Resolution No. gl_,7-j Page 2 It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 29th day of October . 1991. AYOR J Approved by ATTEST:_ CITY'CLERK City omey's Office /J 2y q/ chas\chasreso j 73 RESOLUTION NO. 91-274 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PROMISSORY NOTE AND MORTGAGE FOR PROPERTY LOCATED AT 1421 EAST DAVENPORT STREET. WHEREAS, on March 20, 1991, the property owners of 1421 East Davenport Street executed a promissory note and mortgage in the amount of $3,380 for value receive by way of the Emergency Repair through the City's Housing Rehabilitation Program, and WHEREAS, said note provided a lien against subject property of only $2,852.55 which was the amount actually used in repair, and WHEREAS, on October 16, 1991, said balance due was paid in full; and WHEREAS, it is appropriate to release the City's lien at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Mortgage whereby the City does release the affected property from obligation of the property owner at 1421 East Davenport Street to pay to the City the principal amount of $3,380. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X �— Ambrisco Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 29th day of October 1991. AYOR -yy�� Approv by ATTEST: 2� 2� 7e CI CLERK C1 Attorney's Office/ ppdrehab11421davn.res RELEASE OF MORTGAGE The City of Iowa City does hereby release the following -described property: Lot Twenty (20) in Walden's Subdivision of Irish Tract, in Iowa City, Iowa, according to the recorded plat thereof. from the obligation of the owners of 1421 East Davenport Street to the City of Iowa City, Iowa, in the principal amount of $3,380 represented by a mortgage and promissory note recorded in the office of the Johnson County recorder on March 27, 1991, in Book 1214, Page 121. This obligation has been paid in full and the Promissory Note/mortgage is hereby released. CITY OF IOWA CITY By: A" ayor Attest: City Clerk STATE OF IOWA SS: JOHNSON COUNTY On this1 rH day c 1 _oof_pc-mayrc 19-5j. before me, r+ft" a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (9rdirraaee) (Resolution) No. gr- a174 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a9 "' day of Ckroare 19-9j. and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdrehab\1 421 davn.rel joy 1� RE5 Bk, RESOLUTION NO. 91-275 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A PROMISSORY NOTE AND MORTGAGE FOR PROPERTY LOCATED AT 1003 HIGHLAND AVENUE. WHEREAS, on November 9, 1978, the property owner of 1003 Highland Avenue executed a promissory note and mortgage for assistance received through the City's Housing Rehabilitation Program, and WHEREAS, said note provided a lien against subject property in the amount of $5,900, and WHEREAS, on October 17, 1991, the balance of the loan was paid in full, and WHEREAS, it is appropriate to release the City's lien at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Mortgage, whereby the City does release the affected property from an obligation of the property owner at 1003 Highland Avenue to pay to the City the principal amount of $5,900. It was moved by Ambrisco and seconded by Novak the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald Novick Passed and approved this 29th day of _October 1991. AYOR Approved y ATTEST: ///o �.� ,.� 4 • Ai ,� CIT LERK City Attorney's Office/ 2yf/ ppdrehaM1003hg1d. res Jqx RELEASE OF MORTGAGE The City of Iowa City does hereby release the following -described property: Lots One (1) and Two (2) in Block Five (5) in Sunnyside Addition of Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner of 1003 Highland Avenue to the City of Iowa City, Iowa, in the principal amount of $5,900 represented by a mortgage and promissory note recorded in the office of the Johnson County Recorder on November 14, 1978, in Book 263, Page 256. This obligation has been paid in full, and the lien is hereby released. 0 OF IOWA CITY Attest: 2%7d '_) 4-' .J City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 09 V11 day of Dcroaeg , 19 91 , before me, Sanars,� T72_�rt_ , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (0fdinenea) (Resolution) No. 9/-395 passed (the Resolution adopted) by the City Council, under Roll Call No. �of the City Council on the a9 7N day of LaToBa2 19 (7L, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. JDr�rat��- Notary Public in and for the State of Iowa ppd rehab\ 1003 hg Id. rel � ?5 REs alK RESOLUTION NO. 91-276 RESOLUTION AUTHORIZING EXECUTION OF AMENDATORY AGREEMENT #5 TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING. WHEREAS, the City of Iowa City, Iowa (herein called the 'Local Authority") proposes to enter into an Amendatory Agreement which revises the contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any 'Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Amendatory Agreement in substantially the form hereto attached and marked 'Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick J 7& Resolution Ab. 91-276 Page 2 Passed and approved this 29th _ day of October '1991. YOR Approved by ATTEST: CI CLERK Attorney' ffice � hi sas stVamnd Sac c. res /o - 2 Y -9/, ,,I '7L Development Project Grant Amendment to Consolidated Annual Contributions Contract I Dc IAlO i5ntent P022006 Project Grant Number: 2. Amendment to Annual Contributions Contract Number KC -9166 dated nrtnhPr 18_ loin (the Contract). 3. The Contract Is amended to provide grant assistance for the Development Grant Project. This amendment Is a part of the Contract. 4. The following provisions shall be applicable to the Develop- ment Grant Project: a. Date of Development Grant Reservation: $eDtemher 13 1901 b. Development Method and Housing Type Detached e. Number of Units ?n d. Maximum 'Ibtal Development Cost (Development Grant Authority) $1F,ASF 5. The development of this Grant Project shall be carried out in accordance with all HUD regulations and other requirements applicable to the public housing development program. The PHA agrees to comply with these regulations and requirements. 6. The development work to be carried out Is described In a PHA Proposal, a statement of the basic elements of the Develop- ment Grant Project. The PHA Proposal must be adopted by the PHA and approved by HUD, and may be revised from time to time by agreement between HUD and the PHA. The PHA agrees to carry out the development activities In accordance with the approved PHA Proposal. 7. The Maximum 7btal Development Cost of the Development Grant Project Is staled In Section 4. d. of this amendment. The PHA shall complete the development of the Grant Project at the lowest possible development cost within the approved Develop- ment Cost Budget and In no event In excess of the stated Max- imum -rbtal Development Cost for the Grant Project. 8. Subject to the provisions of Part 11 of this Contract. and In order to assist the development of the Grant Project. HUD agrees to disburse to the PHA. from time to time as needed. up to the amount of the Maximum Grant Commitment. The (SEAL) Attest: MARIAN KARR, CITY CLERK Amendment No. 5 IA05PO22006 U.S. Department of Housing KC -9166 and Urban Development 000%% Office of Public and Indian Housing Lower Income Public Housing Maximum Grant Commitment shall be equal to the Maximum 7htal Development Cost ror the Grant Project, as staled In Section 4. d. or the approved Actual Development Cost of the Grant Project. 9. After Inclusion In an audit and HUD approval of the Actual Development Cost Certificate (In accordance with Sec. tion 405 of Part 11 of the Contract). a copy of the Actual Development Cost Certificate shall be attached to this amend- ment and shall be deemed to further amend the ContrecL where necessary. to reduce the amount of grant authority for the Development Grant Project to an amount equal to the approved Actual Development Cost In no case shall the approv. ed Actual Development Cost Certificate amount exceed the Maximum 7bfa1 Development Cost stated In Section 44 of this amendment. 10. The PHA shall continue to operate the Development Grant Project as lower income housing in compliance with this Con- tract, the Act and all HUD regulations and requirements for a period of forty years beginning on the Date of Full Availability of the Development Grant Project: provided, however, that the provisions of Section 308(8) and (C) of the Contract shall remain in effect for so long as HUD determines there is any outstanding indebtedness of the PHA to HUD which arose in connection with any project or projects under the Contract and which is not eligible for forgiveness, and provided further that, for a period of ten years following the last payment of operating subsidy to the PHA, no disposition of the Grant Project shall occur unless approved by HUD. 11. If the PHA docs not comply with any of Its obligations under this amendment. HUD may direct the PHA to terminale all further development activities. In such case. the PHA shall only Incur additional costs with HUD approval. 12. The PHA shall execute and file for record a Declaration of Must as provided under Section 420(8) of the Contract to pro- tett the rights and interests of HUD throughout the forty -year period during which the PHA is obligated to operate the Development Grant Project in accordance with the Contracts, the Act and HUD regulations and requirements. The parties have caused this amendment to be effective as of the dale of execution on behalf of the United Stales as stated below. I G14►eRlli i�:f�1I[�i�re><ll lrlcr�rr>.rIL FIH � /11 1 1. UNITED STATES OF AMERICA Secretary of Ilouslug and Urban Divrlupnrrnr Ilv._— William H. McNarney, !tanager Des Moines Office HUD -57010-0 IS 691 Gj RESOLUTION NO. 91-277 RESOLUTION AUTHORIZING CITY ENGINEER TO NEGOTIATE LOCATIONS FOR ACCESS EASEMENTS BETWEEN KENT BRAVERMAN AND THE CITY, AND BETWEEN KENT BRAVERMAN, THE DONOVANS AND THE CITY, PURSUANT TO A CONDEMNATION PROCEEDING OF A PORTION OF THE SOUTH WASTEWATER TREATMENT PLANT ACCESS ROAD. WHEREAS, as part of the City's construction of the south wastewater treatment plant located in Johnson County, Iowa, the City of Iowa City condemned right-of-way to provide access to the Treatment Plant, which road is now known as the Plant Access Road; and WHEREAS, several parcels were condemned for said Plant Access Road on July 28, 1988, and provided that the City reserved to the parties "an access easement for a crossing over said (Plant Access) road at a point which is mutually acceptable to the condemner (City) and condemnees," as set forth in the attached "Notice of Condemnation" for two separate parcels; and WHEREAS, the City has paid for the condemned parcels, and has taken possession of the land but the cases are now on appeal to District Court to decide only the question of money damages concerning properties herein referred to as "Braverman parcel," attached hereto as Exhibit A, and "Braverman/Donovan parcel," attached hereto as Exhibit B; and WHEREAS, the City now formally desires to enter into negotiations with the former owners of these two condemned parcels, so as to specify the location of the access easements at a mutually agreeable location; and WHEREAS, it is in the public interest to specify said access easement locations in order to protect both the City and the condemnees, and for the City to authorize the City Engineer to enter into said negotiations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The City Engineer, as provided in the Notice of Condemnations attached hereto and incorporated by reference herein as Exhibits A and B, is hereby authorized to negotiate and specify an access easement for the benefit of condemnees use as a crossing over the South Plant Access Road, said location to be at a point which is mutually agreeable to both the City and the condemnees. 2. The City Attorney is hereby authorized to draft and complete any documents appropriate or necessary to formalize said access easement agreements. 3. In the event the City Engineer successfully negotiates said access easement agreements, the Mayor and City Clerk are hereby authorized to execute such agreements. a?'7 Resolution No. 91-277 Page 2 It was moved by Horowitz and seconded by adopted, and upon roll call there were: AYES: x x x x x x Passed and approved this 29th ATTEST: CITY CLERK nAaccsroad.res NAYS: day of October Ambrisco ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick YOR Approved by the Resolution be 1991. ✓menti✓ dt%� / City Attomey's Office a'29 In the Matter of the Condemnation of Certain Rights in Land by the City of Iowa City, Iowa, for a Project Located in Johnson County, Iowa, Known as: Iowa City Wastewater Facilities Improvement Project Parcel No. PAR.05 ------------------------------------- T - A Kent Braverman, fee owner, Owners of record; Leo Finke and Roger Finke, ) jNOTICE OF CONDEMNATION --------------------------------- Tenants; 1. Iowa -Illinois Gas 6 Electric Company,' (transmission line easement, Book 230, Page 291), 2. Johnson Count k' County (Judgment Lien, Small Claim 425594;°:Qocket-c4D, Page 554), and 3. Johnson County (Cause 4266, court costs unpaid), rn Lienholders; = _ And to: Toby E. Braverman _ F3 other interested r tions having any interest in ortowning oany rofethe nfollowing-describedes orpreal property: The East 33.5 acres of the North Half of the North Half of the Southeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th P.M. and the Southwest Quarter of the South- west Quarter except the West 33 feet thereof of Section 36, Township 79 North, Range 6 West of the 5th P.M., situated in Johnson County, Iowa. You and each of you are hereby notified that the City of Iowa City, Iowa, desires to acquire by condemnation certain property, described and shown with reference to its location upon the lands affected on the plat, Exhibit A, attached hereto. That such condemnation is sought for the purpose of acquiring fee title to the property in order to establish, construct and maintain a plant access road to the City's South Wastewater Treatment Plant, reserv- ing to condemnees an access easement for a crossing over said road at a point which is mutually acceptable to the condemner and condemnees. That the appropriation of the said interests in said property is sought by condemnation proceedings by the City of Iowa City, Iowa, condemnor, for a project known as The Iowa City Wastewater Facilities Improvements Project. Said project, and the condemnation of property pursuant thereto, is being conducted under and by virtue of Chapters 471 and 472 of the Code of Iowa. That a commission has been selected and appointed as by.law provided for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation. You are further notified that said commissioners will on the 28 day of July , 19 88 , at 1:30 o'clock P .m., view said property an proceed to appraise said damages, at which time you may appear a'7? before said commissioners if you care to do so. After viewing said property, the commission will meet in the Sheriff's Office, Johnson County Courthouse, Iowa City, Iowa. THE CITY OF IOWA CITY, IOWA a Municipal Corporation COND By: Terrence L. Timmins, City Attorney ACCEPTANCE OF SERVICE Service of the above and foregoing notice is hereby accepted and receipt of a copy thereof acknowledged, and I hereby waive time of service and/or any publication of such notice in a newspaper. Signed at _ 19 STATE OF IOWA COUNTY OF JOHNSON Iowa, this day of cn r-- SS _— v r--: Received the within notice the day of 19 , and I hereby certify that I have served the same on the persons named below, by delivering a true copy of the same to each of said persons at the time and place set opposite their respective names: Name Month/Day/Year Township/City/Town County State Fees: Service ..... Mileage ..... S Total ..... $ GARY HUGHES Sheriff of Johnson County By: Deputy ,3717 rs In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) Project Located in Johnson County, ) NOTICE OF CONDEMNATION Iowa, Known as: Iowa City Wastewater ) Facilities Improvement Project ) Parcel No. PAR.04 ) -El --------------------------) To:Donovan and Mary Jean Donovan, as fee owners and .contract''; and A. Kent Braverman as contract purchaser, Owners of record; Leo Finke and Roger Finke, Tenants; I. Iowa -Illinois Gas & Electric Company (transmission ment, Book 230, Page 288), 2. Johnson County (Judgment Lien, Small Claim #25594, Docket 40, Page 554), 3. Johnson County (Cause 9266, Dissolution of Marriage Docket 1, page 266, court costs unpaid), 4. Johnson County (easement pertaining to public road improvement, Book 841, Pages 294 and 296), and 5. Hydrocarbon Transportation, Inc. (easement, Book 341, Page 403), Lienholders; And to: Toby E. Braverman, Barbara Ann Miltner Hill, Hensley, Betty Jo Millner other interested persons; and to all other persons, companies or corpora- tions having any interest in or owning any of the following -described real properties in Johnson County, Iowa: (a) The S1/2 of the N1/2 of the SEI/4 of Section 35, Township 79 North, Range 6 West of the 5th P.M., excepting therefrom the W 6 1/2 acres; (b) The West 33 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 79 North, Range 6 West of the 5th P.M.; (c) The NW1/4 of the SWI/4 and the SWI/4 of the N141/4 of Section 36, Township 79 North, Range 6 West of the 5th P.M.; and (d) The E I rod of the SEI/4 of the SEI/4 of Section 35, Township 79 North, Range 6 West of the 5th P.M. You and each of you are hereby notified that the City of Iowa City, Iowa, desires to acquire by condemnation certain property, described and shown with reference to its location upon the lands affected on the plat, Exhibit A, attached hereto. That such condemnation is sought for the purpose of acquiring fee title to the property in order to establish, construct and maintain a Plant access road to the City's South Wastewater Treatment Plant, reserv- ing to condemnees an access easement for a crossing over said road at a point which is mutually acceptable to the condemner and condemnees. aq7 That the appropriation of the said interests in said property is sought by condemnation proceedings by the City of Iowa City, Iowa, condemnor, for a project known as The Iowa City Wastewater Facilities Improvements Project. Said project, and the condemnation of property pursuant thereto, is being conducted under and by virtue of Chapters 471 and 472 of the Code of Iowa. That a commission has been selected and appointed as by law provided for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation. You are further notified that said commissioners will on the 28 day of _duly 19 88 , at 9:30 o'clock a.m., view said property an proceed to appraise said damages, at which time you may appear before said commissioners if you care to do so. After viewing said. property, the commission will meet in the Sheriff's Office, Johnson County; Courthouse, Iowa City, Iowa. THE CITY OF IOWA CITY, IOWA _ a Municipal Corporation CONDE R By:, - Terrence L. Timmins, City Attorney ACCEPTANCE OF SERVICE Service of the above and foregoing notice is hereby accepted and receipt of a copy thereof acknowledged, and I hereby waive time of service and/or any publication of such notice in a newspaper. Signed at 19 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) Iowa, this day of Received the within notice the day of 19 and 1 hereby certify that I have served the same on the persons named below, by delivering a true copy of the same to each of said persons at the time and place set opposite their respective names: Name Month/Day/Year Township/City/Town County State Fees: Service ..... Mileage ..... Total ..... $ GARY HUGHES Sheriff of Johnson County By: Deputy a't� RESOLUTION NO. 91-278 RESOLUTION APPROVING THE CORRECTED FINAL PLAT OF REGINA SUBDIVISION, THE CORRECTED FINAL PLAT OF HICKORY RIDGE SUBDIVISION, AND THE CORRECTED LEGAL DESCRIPTION OF REAL PROPERTY CONVEYED BY THE CITY WITHIN HICKORY HILL RIDGE SUBDIVISION. WHEREAS, the City Council, on September 3, 1991, approved the final plat of Regina Subdivision, Resolution No. 91-224; and WHEREAS, the City Council, on September 3, 1991, approved the final plat of Hickory Hill Ridge Subdivision, Resolution No. 91-226; and WHEREAS, the City Council, on September 3, 1991, authorized the conveyance of a 10 -toot wide portion of the existing 60 -foot wide access easement within Hickory Hill Subdivision to the Subdivider, Resolution No. 91-225; and WHEREAS, the Subdividers have found that the legal descriptions contained in the final plats of Hickory Hill Subdivision and Regina Subdivision, the legal documents accompanying those subdivisions, and the legal description for the conveyance contained errors; and WHEREAS, the Subdividers have submitted corrected final plats and legal documents for Regina Subdivision and Hickory Hill Ridge Subdivision; and WHEREAS, the corrected final plats and legal documents are found to be in conformance with provisions of the City Code; and WHEREAS, no substantive changes have been made to the corrected final plats, legal documents or the quit claim deed conveying the 10 -foot wide parcel noted above. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The corrected final plat of Regina Subdivision be and is hereby approved. 2. That the final plat of Hickory Hill Ridge Subdivision be and is hereby approved 3. That the conveyance of the 10 -foot wide parcel to the subdivider of Hickory Hill Ridge Subdivision, be approved, as amended as to the corrected legal description of the property conveyed. 4. That the Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to execute all legal documents relating to said subdivisions and to certify this resolution which shall be affixed to the corrected plats after passage and approval by law. The owners shall be responsible for recording at the office of the County Recorder of Johnson County, Iowa copies of the corrected plats and this resolution, along with all corrected legal documents required pursuant to the provisions of Chapter 409A of the Code of Iowa and Chapter 32 of the Iowa City Code of Ordinances, and return a copy of 372 t Resolution No. 91-278 Page 2 said recorded documents to the office of the City Clerk before the issuance of any building permit is authorized. 5. That the previous approval of the final plats of Regina Subdivision and Hickory Hill Ridge Subdivision are hereby rescinded, it being the intent of the City Council that the corrected final plats, legal documents, and quit claim deed approved by this resolution be substituted therefor in their entirety. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 12th day of ATTEST: CITY CLERK cadata\leg aRsubdivsn. res Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. Approved by Ctty Attorney's Office 279 RESOLUTION NO. 91-279 RESOLUTION AUTHORIZING EXECUTION OFA LIMITED RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT EASEMENT AGREEMENT WITH GALWAY HILLS SUBDIVISION, PART ONE. WHEREAS, the City of Iowa City, Iowa, a municipal corporation CCityK), and DAV-ED Limited, an Iowa corporation ("Subdivider'), entered into a stormwater management easement agreement dated April 2, 1991, and filed for record in the Johnson County Recorder's Office as Book 1219, pages 250-255; and WHEREAS, the City does not ordinarily release a subdivision from the construction requirements included in the stormwater management easement agreement until permanent groundcover is established and mowable; when erosion and sedimentation are wholly or substantially controlled; and when substantially all lots within the tributary area which is within the subdivision have been developed, all as determined by the City Engineer; and WHEREAS, in the interim, a lien remains on the subdivision herein, with a cloud on the titles of all properties within Galway Hills Subdivision, Part One; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the attached limited release agreement would remove the cloud on the title to the properties in the subdivision while the City would remain protected by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the stormwater management easement agreement would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: . It is in the public interest to execute the attached limited release agreement for Galway Hills Subdivision, Part One, in order to protect local property values. 2. The Council finds that transfer of the real estate lien to the escrow account is reasonable under the circumstances, and protects the City's interests herein. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the attached limited release agreement for recordation by the subdivider in the Johnson County Recorder's Office. 19,19 Resolution No. 91-279 Page 2 4. Upon certification from the City Engineer that construction of the stormwater management facility has been satisfactorily completed, with permanent groundcover established and mowable, with erosion and sedimentation wholly or substantially controlled; and in the opinion of the City Engineer substantially all lots within the tributary area within the subdivision have been developed, the Mayor and City Clerk are authorized to execute a release, for recordation in the Johnson County Recorder's Office. it was moved by Ambrisco and seconded by u,.., the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 12th day of 1'Lel:l ATTEST: %4%J z/ 76wt CrIYCLERK cadatallegeggalhills.res Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 991 LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation ("City"), and DAV-ED Limited, an Iowa Corporation ("Subdivider"). In consideration of the mutual promises provided herein, the parties hereto agree as follows: 1. The parties acknowledge that by reason of a Subdivider's Agreement for Galway Hills Subdivision Part One (The Subdivision) which is dated April 2, 1991, and filed for record in the Johnson County Recorder's Office in Book 1219, Pages 250 through 255, the Subdivider is obligated to construct a storm water management facility ("Facility") as required by the City and as a benefit to the Subdivision. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. The parties acknowledge that $5,000.00 has been placed in escrow with the City for all lots in the Subdivision. The parties further acknowledge that this escrow is being retained by the City pending substantial completion of the Facility, as certified by the City Engineer." 3. The City acknowledges that construction of the Facility herein has been substantially completed, but that final acceptance by the City of the Facility is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and cloud on the property described above. 4. In consideration of the City's limited release of this lien, the Subdivider agrees that the lien on any lot in the Subdivision shall be transferred to and shall immediately attached to the escrow for this property and that this,lien shall remain attached to the escrow until such time as the basin has been completed; permanent groundcover is established and mowable; erosion and sedimentation are controlled; and, in the opinion of the City Engineer, substantially all lots . within the tributary area which is within the Subdivision have been developed. At such time, the Facility may be accepted by the City, and a general release given to the Subdivider for recordation. 5. The Subdivider agrees said escrow will be retained until all work on the Facility has been completed and accepted by the City as provided above. 6. In consideration thereof, the City does hereby release all lots in the Subdivision from any lien or cloud now placed on the title to the above properties for the purposes stated in paragraphs 2 through 4 above. a75 - 2 - 7. This Limited Release Agreement shall not be construed as a release of the obligations of the Subdivider to complete the storm water management facility and the site work incident thereto which obligations shall remain the responsibility of the Subdivider until the Facility has been completed and finally accepted by the City. 8. This Limited Release Agreement shall in, no way alter, amend or modify the Subdivider's Agreement filed of record in Book 1219, Pages 250 through 255, Records of Johnson County, Iowa, except as provided herein. DAV-ED Limited By sIt r William David Cahill, President ' By Edward W. Thomas, Assistant, Secy CITY OF IOWA CITY, IOWA ByJA/��. ///O'ohn McDonald, Mayor By ;�J7f • A�� Mian K. Karr, City Clerk a�� - 3 - STATE OF IOWA ss: JOHNSON COUNTY On this : &' _ day of1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William David Cahill and Edward W. Thomas to me personally known, who, being by me duly sworn, did say that they are the President and Assistant Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said William David Cahill and Edward W. Thomas as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by themf voluntarily executed. �� CHARLES A. MULLEN MYCOMMISSKKJ EXPIRES �. September 23, IM Notary Public in an for the State of wa STATE OF IOWA ss: JOHNSON COUNTY On this 1a 4h day of 71wQm6er- , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and _Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. sa , ��- Notary Public in and for the State of Iowa any 0 k2ts b); - RESOLUTION NO. 91-280 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LAFAYETTE STREET SANITARY SEWER REPAIR PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be -in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. That bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 A.M. on the 25th day of November, 1991. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 26th day of November, 1991 or at such time and place as may be set by Council. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney X Horowitz X Kubby X_ Larson x McDonald _x Novick Passed and approved this 12th day of November , 1991. 4L__4 :hiAPPROVED AS TO FORM AYOR ATTEST:���_ CITY CLERK C 4ty Attorney's Office *�ts I(N. RESOLUTION NO. 91-281 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AN AGREEMENT BETWEEN MMS, INC. OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR THE SOUTH SYCAMORE TRUNK SEWER PROJECT WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with MMS, Inc., a copy of said Agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement with MMS, Inc. for consulting services for the South Sycamore Trunk Sewer Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with MMS, Inc.,. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Larson and seconded by 'Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald v Novick --X— - Passed and approved this 12th day of November 1991. �/ A PRO ED AS TO FORM ATTEST • 7l • �/� CIT CLERK City Attorney's Office 11--2-71 C:\C0UNCIL\AUTHMAY4.RE5 Oct N AGREEMENT THIS AGREEMENT, made and entered into this 12tbday of November , 1991, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth.herein. I. SCOPE OF SERVICES The City desires to design a sanitary trunk sewer (South Sycamore Trunk Sewer) to serve the south Sycamore Street area of the city. The South Sycamore Trunk Sewer service area includes the drainage area indicated by the shaded area on attached Exhibit "A". Consultant agrees this scope of services shall define. the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City and agrees to do so in a timely and satisfactory manner. A. Preliminary Design and Cost Estimate Phase The following scope of services shall be included in this phase: 1. Prepare a preliminary design report detailing: a. Recommended sewer route, size(s), and depth(s) necessary to serve the drainage area outlined on Exhibit "A". b. Construction cost estimate of "a)" above. C. Legal description and acreage of the drainage area served by "a)" above, excepting existing rights-of-way. d. Soil borings and analysis 2. Present a preliminary draft of the report to City staff and various other persons or groups as the City may deem necessary. 3. Prepare and submit a final draft of the Preliminary Design Report based on review comments and suggestions received from the City. 4. After approval of final draft of the Preliminary Design Report, prepare and submit required permanent easement plats and temporary construction easement plats. B. Construction Plans and Specifications (Final Design) Phase The following scope of services shall be included in this phase: a7( 1. Perform all necessary field surveys to verify and/or obtain information required to prepare detailed construction plans for proposed sewer improvements as described in "A" above, including but not limited to: a. All buildings, trees, sidewalks, streets, lights, poles, waterways and other physical features within 75 feet, either side of the proposed alignment which may impact the proposed improvements. b. Where contour mapping is not available, cross-section at approximately 100 -foot intervals throughout project, with supplemental spot elevations as required to provide necessary pertinent elevation information. C. All utilities within or adjacent to project site with size, location, flow direction, depth and other pertinent characteristics noted. 2. Prepare detailed construction plans for the proposed sewer as described in "A" above. Construction plans are to include sanitary sewer construction, street paving removal and replacement, surface restoration, traffic control and connection of the proposed sewer to the existing Southeast Interceptor Sewer. 3. Prepare construction specifications using City of Iowa City Standard Specifications as a base specification. 4. Prepare Form of Proposal listing the various quantities of work required on the projects. 5. Attend such meetings with City staff and/or property owners as may be requested by the City. 6. Provide draft copy of construction plans and specifications for City review and comment. 7. Modify construction plans and specifications according to City review comments. 8. Prepare final cost estimates. 9. Complete all applications and permits and obtain approval from the Iowa Department of Natural Resources. 10. Upon final review and approval of the plans and specifications, submit reproducible plans and specifications to the City. 11. Answer Contractor's questions concerning plans and specifications during the bidding process. 12. Assist in the review and evaluation of bids received. 2 0171 13. Attend the City's preconstruction meeting to be held with the successful bidder to answer technical questions regarding construction of the Project. 14. Check required construction drawings as well as detailed shop and erecting drawings submitted by contractor(s) for compliance with design concept of the Project. C. Additional Services If authorized in writing by the City, the Consultant shall furnish or obtain from others, additional services necessary to complete A and B above. II. TIME OF COMPLETION The Consultant shall complete each phase of this project within the times listed below: A. Preliminary Design and Cost Estimate Phase 50 days after written execution of this Agreement. B. Construction Plans and Specification (Final Design) Phase 90 days after approval by the City of Preliminary Design Report. C. Construction Phase The Consultant shall include appropriate construction times in the Project Specifications for the South Sycamore Trunk Sewer Project. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices, and agrees to prohibit the following practices in any subcontracts: 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant, shall be paid on the basis of work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. 3 aS( C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be made without the written consent of all parties to said Agreement. D. Consultant agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his/her employees, or agents. E. It is understood and agreed that the retention of the Consultant by the City for the purpose of the South Sycamore Trunk Sewer Project shall be as an independent contractor and not as an employee; shall be exclusive with the Consultant executing this Agreement; and the Consultant shall have the right to employ such assistance as may be required for the performance of the project. F. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be made available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. G. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. H. Christopher M. Stephan of the Consultant shall attend such meetings of the City relative to the work set forth in this Agreement, at the request of the City. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. I. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event; the Consultant shall not be liable for the City's use of such documents on other projects. J. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. K. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. L. Should any section of this Agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. M. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 4 a41 N. Fees paid for securing approval of authorities having jurisdiction over project will be paid by the City. IV. COMPENSATION FOR SERVICES A. Preliminary Design and Cost Estimate Phase All preliminary design work. The Consultant shall be paid a lump sum fee of $28,500.00. B. Construction Plans and Specification -(Final Design) Phase 1. All construction plan and specification work. Items I.B.1. through I.B.10. The Consultant shall be paid a lump sum fee of $28,500.00. 2. All bidding and construction phase work. Items I3.11 through I.B.14. The Consultant shall be paid a lump sum fee of $1,700.00. C. Additional Services The total fee for each requested duty shall be agreed upon by the Parties in writing before the Consultant begins the task. D. All fees shall be billed and due upon completion of each phase and upon approval by the City. V. GENERAL A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. FOR T CIT G� By: By: John McDonald, Mayor Titl CMS/emh 10/21/91 AGREE.1 5 Approved by 4Citttorney's Office A:\AGREE.WP2 W `� (`� — �� � 'i• 9 l6 Lsl�al �� 1,41. Exhibit A INC Ch �r B 6B G A �T I L' YyJ>'Al' :6't ►25 --\� 25 '2 Sk I-- �\ n: (1111-•' ( •� I -2 I i ----- --- I� �J' I � '� • 0 1 v 1 6<a 1 670 `.. G43 I' I:\ , L\ -Ili 641 36 j1.• '. U L__� 'I: .:): ,,.,+.: • .),�., I (; ,. i \� � 'aim i I/ / I Ir 670 C It i�• F> •'' r 6t8 ••'..r. .. 639 O \ \ J66E_ _' M 669 -I Nes 'b� (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: November 12 , 1991. Time of Meeting: 7:30 o'clock P M. Place of Meeting: Council Chambers, City Hall, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: City of Iowa City, Iowa $2,960,000 General Obligation Bonds dated as of December 1, 1989. - Resolution fixing date for a meeting on the proposition to expand the purpose of the Bonds. Such additional matters as are set forth on the addi- tional 12 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. OAiA -� 7C :2e r City' -Clerk, Iowa City, Iowa AHLERS.WOSEEDORU'EILEH 1JWJ_ SMITH&ALLREE.P.r, P � II -S-91 AT ORNEYSn LAb GES VO'.NES iOWp aga .D:3v P.M. 5F November 12. , 1991 The City Council of Iowa City, Iowa, met in gular session, in the Council Chambers, City Hall, Iowa C ty, Iowa, at 7:30 o'clock p.M., on the above date. There were present MayorMcDonald in the chair, and the following named Council Members: McDonald, Novick Absent: None OC AHLERs. CO ONEY. DOA\CEILEH. HAYME. 39RH & ALLBEE. Y.C. ATTOANEYS AT LAW p SMpNES. OW a g a 91-282 Council Member Ambrisco introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION TO EXPAND THE PURPOSE OF THE BONDS, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Horowitz seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, McDonald, Novick NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION TO EXPAND THE PURPOSE OF THE BONDS, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, this Council adopted a Resolution on December 12, 1989 authorizing and providing for the issuance of $2,960,000 General Obligation Bonds and levying a tax to pay said Bonds; and WHEREAS, the Benton Street Bridge project required fewer Bond proceeds than originally anticipated, the City currently has approximately $1,300,000 of proceeds available from the Bonds which may be utilized for other essential purposes of the City; and WHEREAS, the City is. in need of funds to pay costs of constructing street and sanitary sewer improvements, essential corporate purposes; and WHEREAS, it. is deemed necessary and advisable that the City should expand the purpose of the Bonds for the purpose of providing funds to pay costs of carrying out the essential corporate purpose projects as described above; and WHEREAS, before the purpose of the Bonds may be expanded, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to expand the purpose of such Bonds and of the time and place of the meeting at which the Council proposes to take action for the expansion of the purpose of the Bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- dHLEHS. Cp1SE1'. UONICEILEH. 11.\lYl£..JIITI I a '�'.L}'.f:F'. P� 4 A,T NEVSATL W OESMOINES 10WX �4� 91-282 Section 1. That this Council meet in the Council Chambers, City Hall, Iowa City, Iowa, at 7:30 o'clock P .M., on the 12r.11_ day of November , 1991, for the purpose of taking action on the matter of expanding the purpose of the Bonds for an essential corporate purpose of said City, the proceeds of which Bonds will be used to provide funds to pay costs of street and sanitary sewer improvements. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- III W11 FILER.HAYNIE.5)1IT11d.1LLREE.P- 05> NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CRY, IOWA, ON THE MATTER OF THE PROPOSED EXPANSION OF THE PURPOSE OF THE $2,960,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CRY, DATED DECEMBER 1, 1989 AND THE HEARING OF THE EXPANSION OF THE PURPOSE THEREOF. PUBLIC NOTICE is hereby given that the Council of the City Of Iowa City, Iowa, will hold a public hearing on the 26th day of November, 1991, at 7:30 o'clock p.m., in the Council Chambers, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the expansion of the purpose of the $2,960,000 General Obligation Bonds dated December 1, 1989 to include the payment of costs of street and sanitary sewer improvements, essential corporate purposes of said City. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the expansion of the purpose of said Bonds or will abandon the proposal to expand the purpose of said Bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Sedan 384.25 of the City Code of Iowa. Dated this 12th day of November, 1991. MARIAN K. KARR CITY CLERK OF IOWA CITY, IOWA fna4n111-26.M 91-282 1991. PASSED AND APPROVED this 12th day of November M or ATTEST: —5— AHLEP.- r:,x0El.1M tl1�1"E1LEN. H.L1l1E. x>IR11 s.1LLHEE. Y' AT ONMEYS�W MSM S.K a,g CIG -3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of'the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 12th day of Novpmhpr , 1991. SEAL ty Clerk, Iowa City, Iowa AHLERS.000SEY.DOR11'EILER. HAYME.SMITH e. aLLBEE. P.C. ATTORNEVSATL W OESMOINES.IOWA I�4�FS 64� RESOLUTION NO. 91-283 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT KC -9033E. PROJECT NO. IA05-E022-016. WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised Annual Contributions Contract with the United States of America (the "Government"). BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC -9033 in substantially the form hereto attached as "Exhibit A", is hereby approved and accepted both as to form and substance. The Mayor or Mayor Pro tem is authorized and directed to execute the Contract in four copies on behalf of the Local Authority, and the City Clerk is authorized and directed to impress and attest the official seal of the Local Authority on each copy, and to forward the copies to the Government. Section 2. Whenever the following terms are used in this Resolution, they shall be construed to have the following meanings: (1) "Resolution" shall mean this Resolution. (2) Any other term used in this Resolution which is also defined in the revised Annual Contributions Contract shall have the meanings ascribed to it in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Amhri Gro and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: R7 X X X X X X NAYS: Passed and approved this 1 qrh day of rd ATTEST: i / a"� 2 CITY'CLERK h i s a s st\ c o nt r i b s. re s Ambrisco Courtney Horowitz Kubby Larson McDonald Novick ABSENT: 1991. App ved b %6Z ity Attorne s fice /X/1 (q1 Pill" Mr. Ronald Henderson Housing Administrator Iowa City Housing Authority Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Henderson: RECEIVED 1)1--c; iJ 11 1901 U.S. Department of Housing and Urban Development Des Moines Office, Region VII Federal Building 210 Walnut Street, Room 239 Des Moines, Iowa 50309-2155 November 27, 1991 SUBJECT: Section 8 Existing Consolidated Annual Contributions Contract, Part i and Part II for Housing Certificate Program, Project No. IA05-E022-016, Contract No. KC - 9033, Iowa City, IA. Please find enclosed herewith one fully executed Section 8 Existing Consolidated Annual Contributions Contract, for the above referenced project with an effective date of November 1, 1991 and an ending date of October 31, 1996. If you should have any questions please contact Victoria Payton at (515) 284-4938. Sincerely, i Barbara E. Ki schten Chief Attorney Enclosure ACC PART I Number: KC -9033 E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART I for HOUSING CERTIFICATE PROGRAM 1.1 DEFINITIONS. A. ACC. As used in Part I of this CACC. "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC. "ACC" means the CACC. B. 'Budoet Authority. The maximum aggregate amount which may be paid by HUD for each project in the Program over the duration of the CACC. Budget Authority is reserved by NUD from amounts authorized and by the sts et for ted projectsaCongress. l funded with amounts appropriatedin1Federal gFiscal hYear y1988 and later years.) C. CACC. Consolidated Annual Contributions Contract. D. Contract Authority. The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). E. Cost Amendment. An amendment to the CACC which provides additional s to contract or budget authority to cover increasedProgrYm IixCovedtbLeHUD. maintain the Program at the number of units originall app Y F. Fiscal Year. file 1111A Fiscal Year. ACC PART I' 1'ay,r I al 11 I'• 1:`'0` a73 C. HUD. U. S. Department of Housing and Urban Development. H. Maximum Annual Contribution Commitment. See section 1.4.C.1.b of this CAM I. PRA. Public Housing Agency. J. Program. The PHA's Housing Certificate Program under the CAM K. Program Receipts. Amounts paid by HUD to the PHA for the Housing Certificate Program, and any other amounts received by the PHA in connection with the Program. L. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. M. Project. A funding increment for the Program. (The project may be for additional units or for a cost amendment.) 1.2 HOUSING CERTIFICATE PROGRAM. A. Projects in Program. 1. List of ProanSets. The Projects in the Program are listed in Exhibit I d Exhibit II of this CACC Part I. 2. Exhibit I. Exhibit I lists projects funded with amounts appropriated before Federal Fiscal Year 11 1988. 3. Exhibit II. Exhibit II lists projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years. H. Number of Units (b number of bedrooms). To the maximum extent feasible, the PITA shall enter into contracts for housing assistance nit payments for units under the Program in accordance with the u distribution stated in this section. No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Number of bedrooms Numbe_ ro_ f Units 0 in 1 70a 237 34-5 4 7 ---- Ad t i'AF1 1 : I'n L.• -.1 b aO3 C. PHA Fiscal Year. i. The first fiscal year for the Program shall eginton effective July 1 date for the first project listed in Exhibit I of Part I of the CACC. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) The first Fiscal Year for the Program shall end on the last day of the PHA Fiscal Year which ends not less than 12 months, or more than 23 months, after this date. 2. Thereafter, the fiscal year for the Program shall be the a12ymonth period ending June 30 (Enter the day and month used as the Fiscal Year ending date for other section 8 assistance administered by the PHA under an Annual Contributions Contract with HUD.) 1.3 TERM. A.Exhibit I Projects. For al Projects listed in Exhibit I, the term last of the CACC shall end on June 30, 1993 date of CACC term for all Exhibit I projects. If this ert date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) t3. Exhibit II Projects. For each project listed in Exhibit II. 1; Exhibit II states the first date and last date of the ACC term for the project.`` 2. The first date of the ACC term for the project shall be the first day of the month when HUD signs the CACC which adds the project to the Program, or another date as determined by HUD. 3, _ If the first or last date of the ACC term for the project is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PITA. 4. HUD may revise Exhibit II at any time, upon written notice by HUD to the PHA (a) to add a cost amendment project, or (b) to remove a project for which cite ACC term has expired. ACC fart l: Page 3 of 6 page!; ...... a$3 .- 1.4 ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount an Purpose of HUD Payments. 1. The annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. 1. Annual Limit on Payments for Program. a. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for the program under section 1.4.B during the Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the Program. b. The Maximum Annual- Contribution Commitment, for the. Program, each PHA Fiscal Year shall be equal to the sum of the contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance withst section 1.4.D and section 2.3 of this CACC). lf the cal Year for the Program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first Fiscal Year may be adjusted in an amount as determined by HUD by the addition of the pro rata amount applicable to the period in excess of 12 months. ACC Parc 1: 1 -age 4 of 6 page:: - ----- --- - � ., 2. Limit on Total Payments for Program. The sum of HUD payments under section 1.4.B for the Program over the duration of the CACC (including any payments from the CACC reserve account as provided in section 1.4.E) shall not be more than the sum of the budget authority amounts reserved by HUD for the projects in the Program from amounts authorized and appropriated by the Congress. D. Reduction of Amount Payable. HUD may reduce the amount payable by HUD for any project or for the Program, and may reduce the amount of the contract authority or budget authority for any project, by giving the PRA written notice of reduction In accordance with section 2.3 of this CACC. The notice by HUD may include a revision of Exhibit I or lI to state the reduction in the amount of contract authority or budget authority for a project. E. CACC Riserve Account. A CACC reserve account shall be established and maintaned by HUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c)(6) of the U. S. Housing Act of 1937. The CACC reserve account may be used by HUD for payment of any portion of the payment approved by HUD under section 1.4.B for the Fiscal Year. F. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall consitute a separate ACC. 1.5 CACC. A. The CACC consists of this CACC Part I (including Exhibits I and II) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E. and dated June 1985. These documents constitute the whole CACC for the Program. ACC fart 1: Page 5 of 6 pages ��3 This CACC supersedes any previous Annual Contributions Contract for the projects or Program. Matters relating to operation of the projects or Program under a previous Annual Contributions Contract shall be governed by this CACC. Signatures: PUBLIC IIOUSIIQ,AGENCY Name o lA B �Q la ►99► Date Signe Signature JOHN MCDONALD, MAYOR Print or Type Name and Official Title of Signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT By Signature Daic Signed WILLIAM H. MCNARNEY, MANAGER - DES MOINES OFFICE Print or Type Name and Official Title of Signatory a43 ACC Part I Number: KC -9033 EXHIBIT I Projects Appropriated Before Federal Fiscal Year 1988 PROJECT ACC LIST CONTRACT AUTHORITY PROJECT ACC EFFECTIVE DATE NUMBER NUMBER Ongoing -86 x .0164: KC -78-086 $ 84,180 07/01/1978 07/01/1979 IA05-E022-006 IA05-EO22-007 KC -79-146 $132,300 $ 92,700 06/26/1981 IA05-EO22-008 KC -81-213 $ 87,300 10/18/1983 IA05-EO22-009 KC -83-207 $ 58,464 01/31/1985 IA05-EO22-010 KC -84-166 $129,600 02/01/1987 IA05-EO22-011 KC -86-076 a�3 IA05-EO22-015 ACC Part I Number: KC -9033 E Projects Appropriated EXHIBIT II In Federal Fiscal Year 1988 and Later Years 12/31/1990 Abbreviation: CA = Contract authority. BA - Budget authority. IA05-EO22-902 $128,000 $ 128,000 2BR - 40 PROJECT CA BA FIRST DATE LAST DATE UNIT NUMBER - 10 OF TERM OF TERM DISTRI- 44':. IA05-EO22-013 4BR BUTION IA05-EO22-001 $193,968 $2,909,520 01/01/1976 12/31/1990 1BR - 46 IA05-EO22-902 $128,000 $ 128,000 2BR - 40 1BR - 28 IA05-EO22-004 $168,552 3BR - 10 44':. IA05-EO22-013 4BR - 4 IA05-EO22-002 $ 89,244 $1,338,660 07/01/1976 06/30/1991 OBR - 5 3BR - 1BR - 31 2BR - 11 IA05-EO22-001 ($193,968) 01/01/1991 3BR - 2 IA05-EO22-003 $169,524 $2,542,860 07/01/1976 06/30/1991 O1BR ( 88) E022 003 ($169 524) - 56 2BR - 23 IA05-EO22-901 05- - $429,143 $ 858,286 08/23/1988 06/30/1990 IA05-EO22-902 $128,000 $ 128,000 07/01/1990 06/30/1991 06/30/1992, 1BR - 28 IA05-EO22-004 $168,552 $2,528,280 ,07/01/1977 44':. IA05-EO22-013 $ 51,866 $ 259,330 01/01/1991 12/31/1995 1BR - 6 3BR - 2 4BR - 1 IA05-EO22-001 ($193,968) 01/01/1991 (100) ( 49) IA05-EO22-002 ($ 89,244) 07/01/1991 ( 88) E022 003 ($169 524) 07/01/1991 IA Renewal 86 x .0194: IA05-EO22-014 $355,673 $1,778,365 01/01/1991 12/31/1995 1138 - 46 (R�uewal - re,ilccirg 1A05-1: 21311 - 40022-001) 3BR - 10 4138 - 4 1AO5-EO22-015 $584,624 $2,923,120 07/01/1991 06/30/1996 OBR - 10 (Renewal - replacing IA05-1:IBit-91022-002 and 1A05-13022-003). 21iR - 34 3HR - 2 IA05-EO22-015 ACC Part I Number: U-9033 E EXHIBIT II Projects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA - Contract Authority. BA - Budget Authority. PROJECT CA BA FIRST DATE LAST DATE NUMBER OF TERM OF TERN IA05-EO22-016 $121,968 $609,840 11/01/1991 10/31/1996 UNIT DISTRI- BUTION IBR - 7 3BR - 11 4BR - 2 a�3 U -S. Dep,n entof Hou.lnn 4 Consolidated and Urban Drrvolopn, n1 Annual Contributions Contract orrice of Hwsin0 Housing Certificate Program and Housing Voucher Program ACC Part II 2.1. IIUD Requirements. B. The notice by HUD to the PHA shall state any reduction, A. The PHA agrees to comply, and shall require owners to pursuant to section 2.3.A of the ACC, in the amount of the for the comply, with the requirements of the U.S. Housing Act of annual contribution payable for any project or Program, and shall state any reduction in the amount of 1937 anti all applicable HUD regulations and other including any amendments or changes in the contract authority reserved by HUD for a project. The notice requirements, may specify a revised unit distribution. HUD notice of Act or HUD requirements. reduction or revision shall constitute an amendment of the it. The Pi IA shall comply with its HUD -approved administrative ACC. However. HUD shall not reduce the amount of annual plan, equal opportunity housing plan and HUD -approved contribution payable by HUD for any project or for the applications for the Programs. Program, and shall not reduce the amount of contract authority C. The PHA shall use the forms required by [IUD. reserved by HUD for a project, below the amount, as determined by HUD. necessary for dwelling units under D. The PHA shall proceed expeditiously with the Programs contracts for housing assistance payments with owners on the under this ACC. date when titc PHA receives the HUD notice. 2.2. Annual Contribution. 2.4. Use of Program Receipts. A. The PHA shall submit to HUD each Fiscal Year an estimate of A The pHA shall use Program Receipts to provide decent, safe the annual contribution required for the Programs. The annual and sanitary housing for eligible families in compliance with contribution estimate, and supporting data for the estimate, dee U.S. Housing Act of 1937 and all HUD requirements. shall be submitted at such time and in such form as HUD may prograort Receipts may only be used to pay Program require, and are subject to HUD approval and revision. Expenditures. B. "fie PHA will requisition periodic payments on account of B. The PHA shall not make any Program Expenditures except in each annual contribution. The requisition shall be in the form accordance with the annual contribution estimate and prescribed by HUD. Each requisition shall include supporting data for such estimate as approved by HUD. certification by the PHA that:,. -have been made' ijj ''` C.- 7be PHA- shaB'maintain an Operating Reserve account that 1: Housing assistance payments with contracts in the form prescribed by HUD and shall be credited with the amount by which the total of accordance in with HUD requirements; and administrative fees tarried and interest earned on the accordance 2. Units have been inspected by the PHA in accordance Operating Reserve exceed PHA administrative expenses during a Fiscal Year. In subsequent years, the PHA must use with HUD requirements. funds in the Operating Reserve to pay administrative expenses C. If HUD determines that payments by HUD to the PHA for a in excess of prom Receipts. , Notwithstanding the Fiscal Year exceed the amount of the annual contribution provisions of, section 2A.A, if there remain funds in the approved by HUD for the Fiscal Year, the excess shall be Operating Reserve, the PHA may use such funds for other applied as determined by IUD. Such applications determined housing purposes consistent with State and local law. by HUD may include, but are not limited to, application of the However HUD may prohibit use of funds in the Operating excess payment against the amount of the annual contribution Reserve for other housing purposes if the PHA is not fora subsequent Fiscal Year. The PHA shall take any actions adequately administering its Housing Certificate Program or required by HUD respecting the excess payment. and shall, its Housing Voucher Program or has failed to comply with any upon demand by HUD, promptly remit the excess payment to of its obligations under the ACC. HUD. 2.3. Reduction in Annual Contribution Payable by HUD. A. Upon written notice by HUD to the PHA. IIUD may reduce to an amount determined by HUD the amount of the annual contribution payable for any project or for the Program, and may reduce to an amount determined by HUD the contract authority reserved by HUD for any project included in the Program. if 14111) dctcnninc< that the PIIA ha. laded W comply with any obhgauonc under the ACC 2.5. Books of Account and Records; Reports. Page 1 of 3 A. The PHA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit. B. The PHA shall furnish HUD such financial, operating, and statistical reports, records, smtcrnems, and documents at such times. in such form. and acconlPanied by such supporting data as required by HUD. lorm HUD -52520-E (1170) rel handbook 7520 3 ;C.. HUD and the Comptroller General of the United State, of their duly authorized representatives. shall have ful: and free aces to all PHA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the backs and records. D. The PHA sball be responsible for engaging and paying an independent public accountant for the making of audits as requited by HUD. The cost of audits required by HUD may be charged against Program Receipts. 2.6. Depositary. A. The PHA shall enter into one or more agreements, which are collectively called the "Depositary Agreement", with financial institutions which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The Depositary Agreement shall be in the form prescribed by HUD and the PHA shall furnish to ` HUD such copies of the Depositary Agreement as HUD may require. B. All Program Rcceiptrshall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise requited or permitted by HUD. The PHA may withdraw Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations or other requimments. No withdrawal shall be made except in accordance with a voucher on fide in the office of the PHA stating in proper detail the purpose of the withdrawal. C As required by HUD, PHA funds in excess of current needs shall be promptly remitted to HUD or shall be invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts D. The Depositary Agreement shall provide that the provisions of the Depositary Agreement nay not be terminated or changed without written consent by HUD, and that if required under a written notice fiom HUD to the Depositary. (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from HUD to the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. E. If approved by HUD, the PHA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA and HUD. 2.7. Default by PHA. A. Upon written notice to the PHA, HUD may take possession of all or any PHA property, rights or interests in connection with the Program, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD detamincs that: 1. The PHA has failed to comply with any obligations under this ACC, or 2. The PHA has Wed to comply with obligations undera contract for hawing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PHA's rights under a contract for hawing assistance payments Including requiring actions by the owner to cure a default, termination or reduction of housing assistance payments, termination of the contract for housing assistance payments. or recovery of overpayments), or 3. The PHA has made any misrepresentation to HUD of any material fact HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HUD takes possession of PHA property, rights or interests under this section 2.7.A. B. If HUD has taken possession of PHA property. rights. or interests under section 2.7A. HUD shall redeliver possession of the property, rights or interests as constituted at the time of the return when HUD is satisfied that all defaults have been cured, and that the Program will thereaRer be administered in accordance with this ACC. C. HUD's exercise or non -exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or randy at any time. D. During the tern of this ACC. HUD shall continue to pay annual contributions for the purpose of making housing assistance payment} with respect to dwelling units under contracts with owners, entered into by the PHA in the form prescribed by HUD and in accordance with HUD regulations and otter requirements. The housing assistance payments shall be made in accordance with the terms of such contracts. 2.8. Fidelity Bond Coverage. The PHA shall carry adequate fidelity bond coverage. as requited by HUD. of its officers, agents of employees handling cash or authorized to sign chocks or certify vouche m 2.9. Nondiscrimination in Housing. A. The PHA shall comply with the nondiscrimination requirements of Tide VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination based on religion orsex, and with implementing HUD regulations. B. The PHA shall comply with Title VM of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex, handicap, familial status or national origin and with any implementing regulations. C. The PHA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination Pago 2 of 3 ' - against handicapped persons who would othcrwmc qualify «) 2.12. Cooperation in Equal Opportunity participate in the Program and. where applicable, the -Age Compliance Reviews. Discrimination Act of 1975, as amended, which prohibit; The PHA shall cooperate with HUD in conducting diwiminadon on the basis of age. compliance reviews and complaint investigations pursuant to D. Unwed parents, families with children born out of wedlock, applicable civil rights statutes, Executive Orders. and related and recipients of public mistance shall not be excluded from rules and regulations. participation in or be denied the benefit of the Program because of such status 2.13. Conflict of Interest Provisions. 210. Equal Employment Opportunity. A. Neither the PHA nor any of its contractors or their subcontractors shall enter into any contract. subcontract, or A. The PHA shall not discriminate against any employee or arrangement, in connection with the Program in which any of applicant for employment because of race, color, creat, the following classes of persons has an interest, direct or religion, sex, handicap or national origin. The PHA shall take indirect, during tenure or for one year thereafter affirmative action to ensure that applicants are employed, and 1. Any present or former member or officer of the PHA that employees are treated during employment, without regard (except a tenant commissioner). to race, color, creed, religion, sex, handicap or national origin. 2. Any employee of the PHA who formulates policy or Such action shall include, but not be limited to, the following: who influences decisions with respect to the Program. employment, upgrading, demotion, or transfer recruitment or 3. Any public official, member of a governing body, or recruitment advertising; layoff or termination; rates of pay or State or local legislator who exercises functions or other forms of compensation: and selection for training, responsibilities with respect to the Program, including apprenticeship. B. Any members of the classes described in paragraph A must B. The PHA agrees to post in conspicuous places, available to disclose their interest or prospective interest to the PHA and employees and applicants for employment, notices to be HUD. provided by HUD setting forth the provisions of this C The requirements of section 2.13.A may be waived by HUD nondiscrimination clause. The PHA will in all solicitations or for good cause No person to whom a waiver is granted shall advertisementsforemployeesplead ors che be permitted (in the capacity as memberof a class described in li ill r ceof PHA state that all applicants will receive section 2.13.A) to exercise responsibilities of functions with yraentt w consideration for employment without regard to race. color, respect to a contract for housing assistance payments creed, religion, sex, handicap national origin. The PHA executed, or to be executed, on his or her behalf, or with will incorporate the foregoing requirements of this paragraph respect to a contract for housing assistance payments to which in all of its contracts for project work, except contexts for this person is a party. standard commercial supplies or raw materials, and will require all of its contractors for such work io incoiporate'such, '. = I):t''Ibe provisions of section 2.13 '. section 2 13.B and section requirements in all subcontracts for project work. 2.13.0 shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by 2.11. Training, Employment, and Contracting a governmental agency. Opportunities for Business and Lower Income Pens. 2.14. Interest of Member of or Delegate to Congress. The PHA shall comply with Section 3 of the Housing and Urban Development Act of 1968 and HUD regulations. To the greatest extent feasible, employment and training opportunities in connection with planning and carrying out any project assisted under the Program shall be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by HUD, in which the project is located, and contracts for work to be performed in connection with any project shall be awarded to business rums which are located in or owned in substantial pan by persons residing in the same metropolitan arca (or nonmetropoUtan county) as the project No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this ACC or to any benefits which may Luise from it. 2.15. Exclusion of Third Party Rights. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against HUD or the PHA under this ACC. Page 3 of 3 form HUD -52520-E -- --- -M -- fde5 . r3 r. RESOLUTION NO. 91-264 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING IMPROVEMENTS FOR ROCHESTER HEIGHTS, LOTS 21-60 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary, storm sewer, and water main improvements for Rochester Heights, lots 21-60, constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Rochester Heights, lots 21-60, as constructed by Metro Pavers, Inc. WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Larson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 26th day of November 1 1991. AYOR ATTEST: Re.s 1�le RESOLUTION NO. 91-285 RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 1, 2 AND A PORTION OF LOT 3, HIGHLANDER DEVELOPMENT FIRST ADDITION. WHEREAS, the owner, Northgate Development Company, Inc., has filed with the City Clerk of Iowa City, an application for approval of an amended preliminary Large Scale Non - Residential Development Plan for Lots 1, 2 and a portion of Lot 3 of the Highlander Development First Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the amended prelminary Large Scale Non -Residential Development Plan has been examined by the Planning and Znoing. Commission and after due deliberation the Commission has recommended that it be accepted and approved, subject to construction of the stormwater management system prior to the occupancy of the first building, and prior to Council consideration, submission of and approval of construction drawings by the Public Works Department of the segment of the walkway in the northwest corner of Lot 1 which is located in the existing drainageway; and WHEREAS, the Public Works Department has approved the construction drawing of the segment of the walkway in the northwest corner of the lot; and WHEREAS, the amended preliminary Large Scale Non -Residential Development Plan for Lots 1 and 2 and a portion of Lot 3 of the Highlander Development First Addition is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1 . That the amended preliminary Large Scale Non -Residential Development Plan for Lots 1 and 2 and a portion of Lot 3 of the Highlander Development First Addition is hereby approved subject to construction of the stormwater management system prior to the occupancy of the first building. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan. It was moved by Ah,; G and seconded by T ....., the Resolution be adopted, and upon roll call there were: AYES: X y X X X X X NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1975 Resolution No. g1_9s;s Page 2 Passed and approved this 26th day of November 1991. YOR Approved by ATTEST:_ 7t . -7 it CITY CLERK highlndr.res My— ttorney's Office ///+f//o, Kcs . nr, (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: November 26 , 1991. Time of Meeting: 7:30 o'clock p M. Place of Meeting: Council Chambers, City Hall, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: City of Iowa City, Iowa $2,960,000 General Obligation Bonds dated December, 1989 - Public hearing on the proposal to expand the purpose of the Bonds. - Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the addi- tional 13 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant tc Chapter 21, Code of Iowa, and the local rules of said 9.OV rnmental body. Cit Clerk, Iowa City, Iowa AHLE.Hx 011AEY 101MEILEB HAINE.,MITHn.1LLBEE.FC. A"09NEV5<^<W _, C'10.ES. lOw November 26 , 1991 The City Council of Iowa City, Iowa, met in Recular session, in the Council Chambers, City Hall, Iowa City, Iowa, at 7:30 o'clock p .M., on the above date. There were present Mayor McDonald in the chair, and the following named Council Members: Ambrisco, Courtney, Horowitz, Kubbv Larson, McDonald, Novick Absent: ac t)5(a The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the expansion of the purpose of the City of Iowa City, Iowa $2,960,000 General Obligation Bonds dated December 1, 1989 in order to provide funds to pay costs of street and sanitary sewer improvements, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the expansion of the purpose of said Bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the expansion of the purpose of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the expansion of the purpose of said bonds and none were made. Whereupon, the Mayor declared the time for receivingoral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- SHLEH.1. i:'"IN H� �HN'EILEH. HSI:CIE. VIITIi s.11.LHEE. H� AT OPNEYSATLAW DESMOINES.IGNG 71, The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Ambrisco introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE EXPANSION OF THE PURPOSE OF THE GENERAL OBLIGATION BONDS", and moved: LE/ that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the expansion of the purpose of bonds to the meeting to be held at o'clock .M. on the day of , 1991, at this place. Council Member Novick seconded the motion. The roll was called and the vote was, AYES: Ambrisco, Courtney, Horowitz, Kubb , Larson, McDonald, Novick NAYS: Whereupon, the Mayor declared the measure duly adopted. RES. 91-286 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE EXPANSION OF THE PURPOSE OF $2,960,000 GENERAL OBLIGATION BONDS DATED DECEMBER 1, 1989 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the expansion of the purpose of the $2,960,000 General Obligation Bonds dated December 1, 1989 for the essential corporate purposes of paying costs of street and sanitary sewer improvmements, and has considered the extent of objections received from residents or property owners as to said proposed expansion of the purpose of the bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -3- 1HLEH, ,I U A F.1 1,, ,NWE1LEH. H,%J.%1E. SllITH a a1.1.HF.h. P1 A OPlEVSAT_A'N OESMOINES, IOWA 1) q/1 Section 1. That this Council does hereby institute proceedings and takes additional action for the proposal to expand the purpose of $2,960,000 General Obligation Bonds dated December 1, 1989 for the foregoing essential corporate purposes. Section 2. That the expansion of the purpose of the Bonds, shall be in full force and effect from the date of this Resolution. Section 3. That all other provisions of the Bonds not affected or otherwise revised by the terms of this expansion of the purpose, as well as the Resolution adopted on December 12, 1989 by the City Council as supplemented and expanded hereby be and the same are hereby ratified, confirmed and approved in all respects. 1991. PASSED AND APPROVED this 76th day of Novamhar , yor ATTEST: MEMO ♦ I iii 32Al.fin -4- AHLERS.[.v10'E1'. D,uRIVEIL::k. H. O) N I E. IA ITH> LLHEE. I.1;. A'TOR':EYSL M:. 9E5'fGl':i$.IO'.':L as CIG -3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action Hereat was duly and publicly held in accordance with a notice of eting and tentative agenda, a copy of which was timely served on ch member of the Council and posted on a bulletin board or other _ominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated ,_n said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, crganization, existence or boundaries of the City or the right of til individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 26th day of Nnvemher , 1991. SEAL City Clerk, Iowa City, Iowa 1H LB, I i -NEI 1,:-R1kE11.E11. H.11XIL. %I ITH& %�L' - Pi RESOLUTION NO. 91-287 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION FOR A RAIL ASSISTANCE ECONOMIC DEVELOPMENT GRANT, AND AN ANCILLARY AGREEMENT WITH PROCTER & GAMBLE MANUFACTURING COMPANY, AND RESCINDING RESOLUTION 91-262. WHEREAS, the Procter & Gamble Iowa City plant has proposed an expansion which will create not less than 100 jobs within two years; and WHEREAS, the City of Iowa City has agreed to procure a $95,436 grant from the Iowa Department of Transportation to assist in the P&G plant expansion by constructing a new rail spur; and WHEREAS, it is necessary to rescind Resolution 91-262 due to minor changes in contract provisions between the Iowa Department of Transportation and the City of Iowa City; and WHEREAS, a subagreement is agreement is necessary between the City of Iowa City and Procter & Gamble Manufacturing Company to protect the City's interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Iowa Rail Assistance Project for Economic Development Agreement between the City and the Rail and Water Division of the Iowa Department of Transportation is hereby approved, and the Mayor is authorized to execute and the City Clerk to attest same on behalf of the City. 2. That the Ancillary Agreement between the City and Procter & Gamble Manufacturing - Company is hereby approved, and the Mayor is authorized to execute and the City Clerk to attest same on behalf of the City. 3. That Resolution 91-262 is hereby rescinded. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: AYES: X X y X X X X NAYS: Horowitz ABSENT: the Resolution be Ambrisco Courtney Horowitz Kubby Larson McDonald Novick V77 Resolution No. 91-287 Page 2 Passed and approved this 26th day of ATTEST: 7f • 7Fcez J CITY CLERK iccogtp\p&ggrant.res November ,1991. Approved by City Attorney's COffic=e=j/� qV oq� IC¢5 1.17 RESOLUTION NO. 91-288 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LAFAYETTE STREET SANITARY SEWER REPAIR PROJECT WHEREAS, Tschiggfrie Excavating of Dubuque, Iowa has submitted the best bid of $35,1.43.75 for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Tschiggfrie Excavating of Dubuque, Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Courtney and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: X X X X X X X NAYS: Passed and approved this 26th ARGENT day of November Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 1991. ATTEST: "O"K�m ^ ��—�I-,- ITY CLERK MAYOR APPROVED AS__T9 FORM City Attorney's office ///Z5 -A/ Im R -es 8x RESOLUTION NO. 91-289 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IOWA HIGHWAY 6 PAVING IMPROVEMENT PROJECT FROM ROCKY SHORE DRIVE TO FIRST AVENUE WITH THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF CORALVILLE WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation and the City of Coralville, Iowa, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the interest of public safety to enter into said agreement with the Iowa Department of Transportation and the City of Coralville, Iowa, for paving improvements of Iowa Highway 6. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Iowa Department of Transportation and the City of Coralville, Iowa. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Larson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 26th day of November 1991. , Z//z��^�—� APPROVED A TO FORM MAYOR / 4jtv Attorney's Office �Qwf— ATTEST: CITY CLERK PRECONSTRUCTION AGREEMENT County Johnson City_ Coralville/Iowa City Project No.. HES-6-7(41)--2H-52 Iowa DOT Agreement No. 92-16-063 IT IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT), Highway Division and the Cities of Coralville and Iowa City in Johnson County, Iowa, (herein CITIES) as follows: The CITIES and DOT propose to develop and construct a project for reconstruction of U.S. 6 from 1st Avenue in Coralville extending easterly to Rocky Shore Drive in Iowa City. The proposed construction will consist of adding a continuous fifth lane for left -turning eastbound traffic. The commercial entrances on the north side of U.S. 6 will be widened, consolidated, improved or removed. The roadway section will be curbed on both the north and south sides. By reducing the total number of entrances, widening the remaining entrances, and providing curbing, it is hoped that the total definition of the commercial entrances will be improved. The right - turn lane for westbound traffic at 1st Avenue will be lengthened for greater storage. Improvements to the storm sewer system in this area will also be incorporated into the proposed project. Engineering fabric will be placed as necessary prior to resurfacing the entire roadway surface to reduce reflection cracking of pavement joints. Access rights will be acquired in the name of the State of Iowa on the south side of U.S. 6 involving the University of Iowa property from 1st Avenue to Rocky Shore Drive with no access being permitted. Access rights will also be acquired along the north side of U.S. 6 and no more than eight access locations will be granted. (see Exhibit A attached.) The CITIES will develop the Calendar 1992 project in accordance with the following guidelines: i sl z A. The CITIES will jointly design, inspect and administer the project and the City of Coralville will be designated as the lead agency. The City of Coralville will also acquire and/or condemn the right of way easements needed in each respective jurisdiction. Permanent right of way and access rights shall be purchased in fee simple title in the name of the State of Iowa. Design shall follow DOT urban design standards, policies and procedures. B. The DOT will let the proposed project and reimburse each CITY from the Primary Road Fund for actual expenditures incurred for project design, inspection and right of way acquisition. No offer to purchase right of way and/or property rights from a property owner shall be made until after the DOT has reviewed and approved the appraisal. Upon satisfactory completion of the work and upon receipt and approval of the itemized statement from each CITY, the DOT shall intially pay each CITY for all eligible costs. This amount shall not exceed ninety percent (90%) of the reimbursable amount claimed. After further audit by the DOT, a final payment shall be made to each CITY equal to the difference between the total eligible costs and the amount previously reimbursed. In the event justifiable audit exceptions result in overpayment through prior reimbursements, each CITY will promptly refund to the DOT any overpayment previously made. C. Each CITY will upon completion of construction and proper billing reimburse the DOT for actual storm sewer construction costs within each respective jurisdiction. The total cost of which is estimated at $130,000. D. DOT construction specifications shall be used in the construction of this project. E. The CITIES must secure DOT and Federal Highway Administration approval of project plans, right of way operations, consultant selection and contract award. F. The CITIES shall include proposed staging information in the project plans to be approved by the DOT at the time of plan review. M t G. The DOT shall use positive efforts to solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this application. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference is made a part of this Agreement. H. Construction of the project shall be conducted in such a way that disruption of primary road traffic will be held to a minimum. 3. Any costs incurred by the CITIES in performing their obligations hereunder shall be borne exclusively by the CITIES without reimbursement by the DOT. 4. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. 5. U.S. 6 through traffic will be maintained during the construction period. 6. Maintenance of U.S. 6 within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Ch. 150. 7. Subject to the provisions hereof, each CITY in accordance with Chapter 319, Code of Iowa, and 761 Iowa Administrative Code Ch. 150 shall remove or cause to be removed all encroachments or obstructions (either above or below ground) within the limits of the existing primary highway right of way. The CITIES shall also prevent the erection and/or placement of any structure or obstruction on said right of way, including but not limited to private signs, buildings, underground tanks, pumps, and parking areas. 8. Parking shall be controlled by each CITY with an appropriate ordinance which shall go into effect or continue in effect at such time as the project is completed and opened to through traffic in accord with the following. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of 35 ft. beyond the stop signs and/or crosswalks. Parking will not be allowed on U.S. 6 within the project limits. 4 9. Subject to the approval of and without expense to the DOT, each CITY shall perform (or cause to be performed), all relocations, alterations, adjustments, or removals of utility facilities, including but not limited to power, telephone and telegraph lines, cable television lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project all in accordance with the Utility Accommodation Policy of the DOT. 10. Each CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 601A. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which each CITY receives State funds from the DOT. 11. A subsequent Addendum will be prepared by the DOT and submitted to the CITIES which will specifically identify storm sewer costs in each respective jurisdiction. 12. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 13. This Agreement may be executed in three counterparts, each of which so executed shall be deemed to be an original. 14. This Agreement as set forth in paragraphs 1. through 14 herein (inclusive) represents the entire Agreement between the CITIES and DOT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. 4M 5 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 92-16-063 as of the date shown opposite its signature below. CIT BY: CITY OF„ IOWA CITY BY: f- C , 1991 'nooember Q& , 1991 We the above signed, hereby certify that the signatures contained herein, are authorized by and on behalf of the governing authorities as parties to this Agreement. IOWA DEPARTM IT OF TRANSP RTAT'k1 BY 2 Z3 1991 6eor F. Sis n, P.E. Date Dep ty Director -Development Highway Division ATTEST: R -6W J] J, 'rJ i .....�....\ ........................................ _................. ........:. 00 , J + i3 i , 9 4(32 40 1 )21 AC54 ,O,J . 7 ,077e e --1- �,077 —� r ,ase � ,017 _j s77 - - ” - - 4057 ' 9 � '140 G _ EXHIBIT EXHISIT 8 UTILIZATION OF MINORITY, WOMEN, AND/OR DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS In accordance with Section 198.7 of the Code of Iowa and the Administrative Rule 541 --Chapter 4, it is the policy of the Iowa Department of Transportaticn (DOT) that Minority, Women and Disadvantage Business Enterprises (MBE/WBE/DBES) shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or in part with state funds. Under this policy it is the responsibility of counties and cities receiving state funds to help finance projects to make a positive effort to solicit bids from and to utilize MBE/WBE/DBEs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The recipient's "positive efforts" should include, but not be limited to: I• Obtaining the names of Qualified MBE/WBE/DBE contractors from the Iowa DOT's Office of Contracts and/or seek these contractors through advertising in general -circulation, trade association or minori- ty -focused media. The Office of Contracts and the Iowa Department of Management will determine whether contractors who respond to such advertisements qualify for MBE/WBE/DBE designation. 2. Notifying qualified MBE/WBE/DBEs of proposed projects involving State assisted funding. Notification should be made in sufficient time tc allow the MBE/WBE/DBEs to participate effectively in the biddingprocess. 3. Soliciting bids from qualified MBE/WBE/DBEs on each project, and identifying for MBE/WBE/DBEs the availability of subcontract work. 4. Including in the bid proposals for State assisted projects the "Contract Provisions for Specific Affirmative Action Responsibilities on Non -Federal Aid Projects" (for Third -Party Stare Assistec Projects), or a similar specification d 5. Ensuring that the awarded contractor haeveloped by the recipient. provisionss and will follow the contract . Recipients are encouraged to establish goals, set -asides or percentages to achieve MBE/WBE/DBE participation in these projects. Contract goals may vary depending on the type of project, the pronneededtfor thecprojectable items, the and the availability off qualified MBE/WBice or E%DBEs in the area. The recipient shall agree to provide the Iowa DOT the following documenta- tion: I. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any MBE/WBE/DBEs. Such documentation can be used to demonstrate recipients' positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established MBE/WBE/DBE goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by �qualified MBE/WBE/DBEs for the projects covered by this agreement. • The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the District Local S}•stems Engineer (District Transportation Planner fo- Recreational Trail projects). COUNTY: CITY: CHECKLIST AND CERTIFICATION EXHIBIT 8 OF THE UTILIZATION OF /� 25r,5— hiINOP.ITI', WOMEN, AND DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE PROJECTS PROJECT NUMBER.: AGREEMENT NUMBER: I. Were qualified MBE/WBE/DBE names obtained from Iowa DOT's Office of Contracts? YES NO If no, why not 2. Were qualified M,BE/WBE/DBE's notified of project? YES If yes, by letter teleNO phone If no, why not _, personal contact 3. Were bids solicited from qualified MBE/WBE/DBE's? YES If no, why not NO 4. Was a goal, set-aside or percentage established for MBE/W6E/DBE participation? if yes, what was goal or R YES NO If no, why not 5. Did the prime contractor use positive efforts to utilize I'SE/WBE/DBE's on subcontracts? If no, what action was taken by County/City YES NO Is Documentation in files? YES NO 6. What was the dollar amount reimbursed to the County/City from the Iowa Department of Transportation? What was the final project cost? S What was the dollar amount performed by MBE/WBE/DBE's? S $ WAS the goal or t achieved If no, why not YES NO certify that the COUNTY/CITY (circle on_) used positive efforts to =/S;cc/C5E's as participants in this project. Project Engineer Date a$C1 EXHIBIT (3 CONTRACT PROVISIONS f for SPECIFIC AFFIRMATIVE ACTION RESPONSIBiLIT1E5 ON NON-FEDERAL AID PROJECTS (For Third -Party State Assisted Projects) ThESE PROVISIONS ARE PER ADMINISTRATIVE RULE 541, CHAPTER 4, IOWA ADMINISTRATIVE COD, GENERAL Arrirmative action reouirements to encourage and increase participation of oisaovantaged individuals in business enterprises in all state funded oroiects r availaole throuan the Iowa Department of Transportation, are required by the Coc OF thea. Best e n 198.). as defined in this specification which is imposed oursua to the Department of In Rules, 541 Chapter 4, On projects Involvina Sta funos. with or without local contribution, these reouirements supersede all existina minority ano/or women business enterprise regulations, orders. circular ano administrative requirements. (Requirements concerning projects JOT involvina Feceral-aid are set forth in let by the 1 the supplemental specification for Specific Affirmative Action Responsibilities on Federal Aid Projects.) ii. DISADVANTAGED BUSINESS ENTERPRISE POLICY. The Contractor w(il accept as his/her operatina policy the following statemi which is oesianed to promote full participation of disaavantaaeo business enterprises. including taroetetl small businesses, as suDoliers and subcontractor: tnroupn a continuous, positive, result-orienteo Program. it is the oolicv e this firm that small business concerns. as oefi,Fc c'>' the Department of in- business and Appeals Rules, 251 Iowa Aoministrative Coce Cn.54, wnicn are controlled and owned by minorities. women, ano socially ano economica11v 01sadvantaaed inoIvIduaIs. shall have the maximum practicable opoortunizv to Darticioate in the performance of contracts fundeo in wnoie or in Part witr, State funos which are administered by this firm (e. g. suooIiers and suocontractors). Tne purpose of the oolicv is to encourage and increase Djsaovanraoeo Business Enterprise participatio mane availaole Dn contracting 0000rtunities contracts •v this firm in the Performance Of oif by State Assisteo Programs. made available DEFINITIONS. A. Disadvantaged Business Enterprise (DBE). A small business that is both owner ano controlled by minorities. women, or socially and economically oisaovantaged individuals. (This definition refers only to businesses locate in the State of Iowa). The term DBE shall include Targeted Small Businesses (TSB). B. Disadvantaged individuals, for the purpose of this policy, include but are no limited to the following racial orouos. I. Black. A person navina Hispaniorigins in any of the blackracial croups. C. A person of SDanisn or Portuguese culture with oricins in Mexico, South or Central America. the Caribbean Isjanos. or the oeninsuia recaraless of race. Iberian Asian. A person navino origins in any OF the original oeooles of East- Southeast Asia, or the Pacific Islanes. the Far °. Asien Indian. A oerson navina origins in any of the original oeooles of Inola. PaKistan. ano Banalaciesh. �• American Indian and Alaskan Native. A Person having origins in any of the oricinai Deoole of North America. CIA V y EXHIBIT 13 V. COUNTING DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION 0.'1 THE PROJECT. Tne oieoer may count toward his/her DBE participation, planned expenditures c materials and supplies to be obtained from DBE suppliers and r:;exDen urere t worK to de suocontracted to a DBE or any other commercially useful function, c.-Oviceo they are to assume actual and Contractual responsibility for provision rateriais and supplies, subcontracted work, or other commercially useful functi: A. The Contractor may count his/her entire expenditure to a DBE manufacturer ; Droouces and supplies Q0005 manufactured from raw materials. B. The contractor may count 60% Of his/her expenditures to DBE suppliers the: not manufacturers, provided the supplier performs a commercially useful function in the Supply process. C. The contractor may count toward his/her participation only expenditures to DBEs that perform a commercially useful function In the worK of a contract. including tnose functions as a subcontractor, D. Wore performed oy a DBE firm In a particular transaction can be counted to, participation only If the contracting authority determines that it involves commercially useful function. That is, in light of industry practices and other relevant considerations, does the DBE firm have a necessary and use^u role in the transaction, of a kind for which there is a market Outside the context of the DBE program. marCost Of equipment leasing or the purchase of partricipation. cis from the project prime contractor will not count toward the prole; Vi. REQUIRED INFORMATION, DOCUMENTS, AND CONTRACT AWARD PROCEDURES FOR PROJECTS ASSIGNED GOALS. A. Bidders shall be required to complete a form, included in the bidoino documents, listing the names Of DBEs contacted regarding subcon*racteblp gems, me Date of the contact, whether or not a bid or euoTation was received. the date it was received, whether or not the quotation was used the Dio, ano the collar amount proposed to be subcontracted. E. The Contractor should use those DBEs whose quotes are listed in the "Quota::, Usee in iiia" column along with a "Yes" indication, on the Pre-bid Contact Information form. C. If there is no DBE participation, then the contractor shall comply with the documentation as outlined in Section Vi D OF this specification prior to the contract award. u. This eocumenration should include all efforts made by the Contractor to inciude DBE participation in the work Of this project. if it is requested Tne contractino authority. The documentation may incluse, DUL are not limit_ to. the f011owina: I• whether the Contractor attended any pre -solicitation or ore -bid meetircz trial were scheduled by the contracting authority and informed DBEs of contractino and subcontracting opportunities; 2. Wnetner the Contractor advertised in general circulation, _SSotniOn, and minority -focus trace OODOmedia concerning the suocontractino rL uUn 1 t l e5 ; -• Wnetner the Contractor provided written notice to a reasdhable number specific DBES that their interest in the contract was Deinc Se number sufficient time to allow the DBEs to participate effectively; 4• Wnetner the Contractor followed up initial solicitations o� interest ;,, contacting DBEs to Determine with certainty whether the Doss were ,teresten: _ a$I Page u --- — MINORITY AND/OR WOME14 BUSINESS ENTERPRISE County _ PRE-BID CONTACT INFORMATION City _.--- (To DO Complete lad by All Bidders per the Current Contract P(ovision) Ymi arc required, m order for your bid to be consideredProv inf made pnur to your bid submission. This information is subject to verification and confirtmationohe r�rralion on (his Form showin g your Minority and/or Women Business Enlerpnses contacts In pre event tl is dolerrnined that the Minority and/or Women Business Enterprises goals are not mel. then before awarding the contract the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: The Contracting Authority will not regard your acceptance or use of a low quote or bid (rani a non -Minority and/or non -Women Business Enterprise on any subcontract item as evtdr: it itself of any of positive effort to meet the Minority and/or Women Business Enterprise goals on this project. However, every effort shall be made to solicit or bids on as many subconlrntractable items as necessary to achieve the established goals. II a MBE/WBE's quote is used in the bid, it Is assumed that II10 firm listed will be used as a Subcontractor. for ally change. role., to current applicnbla contract provision for procedures to follow. quotes TABLE OF INFORMATION S140WING BIDDER'S PRE-BID -- MINORITY AND/OR WOMEN BUSINESS ENTERPRISE CONTACTS Subcontractor MBE or Dales WBE Contacted Total dollar amount proposed to be subcontracted to MBE on [his project S List items by name to be subcontracted: 0 Quotes Yes/ No I Dales uuotauon Used in Bid Yes/ Dollar Aml. Proposed No in ee �..r.- Total dollar amount proposed to be subcontracted to %YBE on this project S List Items by name to be subcontracted: M — X W Q PCX-, Pt; RESOLUTION NO. 91_290 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A RELEASE OF MORTGAGE FOR PROPERTY LOCATED AT 417 GARDEN STREET. WHEREAS, on October 27, 1990, the property owners at 417 Garden Street executed a Promissory Note in the amount of $1,577.00, for value received through a Housing Weatherization Loan; and WHEREAS, the Mortgage, recorded November 8, 1990, at Book 1182, Page 207, Johnson County Recorder, created a lien against subject property; and WHEREAS, the note was paid in full on August 5, 1991; and WHEREAS, the City attempted to release the mortgage and extinguish the lien created thereby through the adoption of Resolution 91-211; and WHEREAS, Resolution No. 91-211 contained an error in the page number cited. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the release of the lien against property located at 417 Garden Street is hereby approved and that the Mayor is authorized to execute and the City Clerk to attest the attached Release of Mortgage, and that Resolution No. 91-211 is hereby rescinded. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roA call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick Passed and approved this 26th day of November 1991. ZI IX AYOR Appro b ATTEST: 22 7f" 7�Ra J CITY CLERK ppdrehab1417grdn.res City Attorneys ice 39a RELEASE OF MORTGAGE Date: !�rutrtih., ,)6, 159) The City of Iowa City does hereby release the following -described property: 30 feet off the Southwest side of Lot 3 and 30 feet of the Northeast side of Lot 4 in Block 52 in East Iowa City, Iowa, according to the recorded plat thereof, and described by metes and bounds as follows, to -wit: Beginning at a point on the Southeast Lot line of Lot 4, of Block 52, of East Iowa City, Iowa, which said point is 30 feet Southwest of the Southeast comer of Lot 3 of said Block 52, running thence in a Northeasterly direction following the Southeast lot line of said Lot 4, and the Southeast lot line of said Lot 3, a distance of 60 feet; thence in a Northwesterly direction on a line parallel with the Southwest lot line of said Lot 3, and keeping a distance of 30 feet from said lot line, to the Southeast line of the alley in said Block 52; thence Southwesterly following the Northwest lot line of said Lots 3 and 4, a distance of 60 feet; thence in a Southeasterly direction on a line parallel with the Southwest lot line of said Lot 3, and keeping a distance of 30 feet therefrom, to the Southeast lot line of said Lot 4, to the place of beginning. from an obligation of the property located at 417 Garden St. to the City of Iowa City, Iowa, in the principal amount of $1,577.00 represented by a mortgage recorded in the Office of the Johnson County Recorder on November 8, 1990, in Book 1182, page 207. This obligation has been forgiven in full and the lien/mortgage is hereby released. ATTEST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ITY OF IOWA CITY ; By: ayor On this a4, �h day of - `nmxe )ser- , A.D. 19 _ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. pprave y Notary Public in and for Johnson County, Iowa s Office a� RESOLUTION NO. 91-291 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's Bar - 330 E. Washington Street Holiday Inn - 210 S. Dubuque Street It was moved by A, and and seconded by Hnrnwi t> that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this I err, day of _ Decec2her 19911 . AYOR ATTEST: ) .k CITY` CLERK \danceprm.res C991 RESOLUTION NO. 91-292 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY #1 WEST PAVING IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for improvements covering the Highway #1 West Paving Improvements Project as included in a contract between the City of Iowa City and Streb Construction Co. Inc, of Iowa City, Iowa, dated September 10, 1991, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, WHEREAS, the work involving seeding, fertilizing, and mulching will be completed in the spring of 1992 under a supplemental contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x AMBRISCO x COURTNEY x HOROWITZ x KUBBY x LARSON x McDONALD x NOVICK Passed and approved this 10th day of December ?A—YO APP C ATTEST: CLERK 1991. FORM Attorney's Office aCMI �0 RESOLUTION NO. 91-293 RESOLUTION ACCEPTING THE WORK FOR THE NORTHWEST SANITARY SEWER PROJECT WHEREAS, the Engineering Division has recommended that the work for improvements covering the Northwest Sanitary Sewer Project as included in a contract between the City of Iowa City and Maxwell Construction Inc., of Iowa City, Iowa, dated March 22, 1991, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD X NOVICK Passed and approved this 10th day of December 1 1991. ATTEST: 9� APPROVED AS TO FORM /,2- 6- 9/ Ries eL act3 kes B/4 - RESOLUTION NO. 91-294 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SHIVE CIRCLE PARTNERS, AN IOWA GENERAL PARTNERSHIP, FOR SANITARY SEWER AND STORMWATER MANAGEMENT EASEMENTS WITHIN LOT -2, EMPIRE ADDITION. WHEREAS, on October 15, 1991, the Iowa City City Council approved the Preliminary Large Scale Non -Residential Development (LSNRD) plan for an office building located on Lot 2, Empire Addition, Iowa City, Johnson County, Iowa; and WHEREAS, pursuant to provisions of the Iowa City Code of Ordinances, the LSNRD plan was given final administrative approval on November 22, 1991; and WHEREAS, agreements for sanitary sewer easement and stormwater management easement are necessary for the implementation of the LSNRD plan; and WHEREAS, the sanitary sewer easement agreement and stormwater management easement agreement require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The sanitary sewer easement agreement, as attached hereto or in substantial conformance therewith as approved by the City Attorney, between Shiva Circle Partners and the City of Iowa City is hereby approved and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City. 2. The stormwater management easement agreement, as attached hereto or in substantial conformance therewith as approved by the City Attorney, between Shiva Circle Partners and the City of Iowa City is hereby approved and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City. It was moved by Novick and seconded by Ambiisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby X Larson X McDonald X Novick M1 Resolution No. 91-294 Page 2 Passed and approved this tock day of ppramhPr . 1991• ATTEST: CITY CLERK nAshivecir.res .. . .' WIN NAME / SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Shiva Circle Partners, an Iowa general partnership (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as sanitary sewer easements on the Final LSNRD Plan of Lot Two (2) Empire Addition, Iowa City, Iowa, hereafter described as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. -aqj — -2 - Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The time for Owner to install the public improvement herein is the subject of a separate agreement between the parties hereto of even date herewith. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this I— day of �i . 199 SHIVE CIRCLE PARTNERS, OWNER By: NDL ASSOCIATES, A General Partner 9 By: A G era artner �� 1 By: Z A General Partner CITY OF IOWA CITY, IOWA John McDonald, Mayor Attest: Marian K. Karr, City Clerk -3 - STATE OF IOWA I ss: COUNTY OF JOHNSON ) On this oZ day of 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared / ?,rD/i and 'Rd"C'. '&C&nsl�n to me personafly known, who being by me duly sworn, did say that they are the partners of NDL Associates, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by them voluntarily executed. AQP Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this 10A day of .Yecew,.%er , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the.said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approve y: ity ttorney's Office /2 5- -7/ a�- STORMWATER MANAGEMENT EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Shiva Circle Partners, an Iowa general partnership (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of grading for a stormwater detention basin and excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water from such basin, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as stormwater detention basin on the Final LSNRD Plan of Lot Two (2) Empire Addition, Iowa City, Iowa, hereafter described as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, or other structure, drill or operate any well, construct any reservoir, or diminish or substantially add to the ground cover on said easement area or make any other use of the easement area that reduces the basin's capacity to retain storm water. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. acp� -a - Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. After completion of said improvements, the Owner shall thereafter maintain the stormwater basin easement area. The maintenance shall include maintaining and mowing the groundcover over the basin area and keeping it free of debris. The City shall have no obligation for stormwater basin easement maintenance. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this a day of 199x. SHIVE CIRCLE PARTNERS, OWNER By: NDL ASSOCIATES, A General Partner By — #0," A G eral Pa tner By: A General Partner CITY OF IOWA CITY, IOWA By '4 John McDonald, Mayor Attest: Marian K. Karr, City Clerk ar* -3 - STATE OF IOWA I ss: COUNTY OF JOHNSON I On this a day of yr�nuJ 199x, before me, the undersigned, a Notary Public in and for the to�ja of Iowa, personally appeared larel4za iii - iiru and Kv Lrg (2. 0/� A-nso1, to me personally known, who being by me duly sworn, did say that they are the partners of NDL Associates, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by them voluntarily executed. Notary Public in'and for the State of Iowa STATE OF IOWA 1 ss: COUNTY OF JOHNSON ) On this /c)A day of 1 JecrMber , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa ml.h vim."i acif lo. RESOLUTION NO. vi -?as RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION FOR A REVITALIZE IOWA'S SOUND ECONOMY (RISE) GRANT, AND AN ANCILLARY AGREEMENT WITH PROCTER & GAMBLE MANUFACTURING COMPANY. WHEREAS, the Procter & Gamble Iowa City plant has proposed an expansion which will create not less than 100 jobs within two years; and WHEREAS, the City of Iowa City has agreed to procure a $176,445 grant from the Iowa Department of Transportation to assist the P&G plant expansion by constructing a new access drive; and WHEREAS, an ancillary agreement is necessary between the City of Iowa City and Procter & Gamble Manufacturing Company to protect the City's interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The agreement for RISE funds between the City and the Iowa Department of Transporation is hereby approved, and the Mayor is authorized to execute and the City Clerk to attest same on behalf of the City. The ancillary agreement between the City and hereby approved, and the Mayor is authorized on behalf of the City. Procter & Gamble Manufacturing Company is to execute and the City Clerk to attest same It was moved by Ambrisco and seconded by Nnvirk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Horowitz X Kubby — Larson �— McDonald Novick Passed and approved this loth day of December , 1991. ATTEST: A24,e� ,) 7 • 7iGr� J CITY -CLERK ' iccogipV res iIMi 11 �� a9S IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR RISE FUNDING RECIPIENT: Iowa City COUNTY: Johnson PROJECT NO.: RM -3715(4)--9D-52 AGREEMENT NO.: 92-R-003 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315 (1991), and the application was approved by Transportation Commission Order No. PR -92-27 on August 6, 1991. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the construction of certain transportation improvements which are necessary for a proposed expansion of a plant by the Procter and Gamble Manufacturing Company. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT and the Recipient's contact person. The DOT's contact person shall be the District 6 Local Systems Engineer in Cedar Rapids, Iowa. The Recipient's contact person shall be the Iowa City City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described RISE project: The grading and paving of approximately 960 feet of an access road at Industrial Park Road in southeast Iowa City. The access road will be constructed using 24 -foot wide, 9 -inch thick P.C.C. pavement with "CD" load transfer joints, placed on 12 -inch special backfill with longitudinal subdrains. See Exhibit A. 4. Eligible project costs for the project described in paragraph 3 of this agreement which are incurred after the effective date of this agreement shall be paid from RISE funds and other funds as listed below: City RISE Funds (Grant): $ 176,445 City Local Contribution: 44,111 Project Total: S 220,556 oQ'715 5. The local contribution(s) stated above may be comprised of cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this Agreement. If, as a result of the DOT's determination, the Recipient's total cash and non-cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the amount of any RISE grant and/or loan shall be reduced accordingly. Donated right-of-way may not be considered as part of the local contribution. 6. The portion of the total project costs paid by City RISE funds (grant) shall not exceed the amount stated above ($176,445) or 80 percent of the total cost of the RISE eligible items, whichever is the smaller amount. 7. The Recipient shall certify to the DOT's contact person within 2 years of the date of completion of the RISE project that the associated economic development, including the retention of 250 existing jobs by Procter and Gamble Manufacturing Company, the creation of 100 new jobs at an average starting wage of $10.75 per hour by Procter and Gamble Manufacturing Company, and including the total associated capital investment of $5,423,971 has been consummated. This certification by the Recipient is subject to audit by the DOT and the DOT has sole authority to determine whether the associated economic development has been consummated. Failure to certify or consummate the associated economic development shall be considered a default under this agreement. If Procter and Gamble Manufacturing Company, within three years of the date of the RISE application, acquires or merges with an Iowa corporation or Company, the Recipient shall require Procter and Gamble Manufacturing Company to make a good faith effort to hire the workers of the acquired or merged company. 8. The Recipient shall certify to the DOT's contact person within 3 years of the date of completion of the RISE project that the Recipient has obtained certification under the Community Builder Program (House File 705, Iowa General Assembly, 1990). Failure to so certify or obtain certification shall be considered a default under this agreement. 9. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other contract documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any ��5 modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 10. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right -of -Way, Entrance/Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project. 11. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. 12. The Recipient shall certify to the DOT's contact person that all known environmental permits have been received and that all environmental regulations have been complied with before RISE funds are reimbursed or credited. 13. For projects where FAS, FAUS, or Farm -to -Market funds are used to match RISE funds, the Recipient shall additionally follow all administrative and contracting procedures which would normally be used when such FAS, FAUS or Farm -to -Market funds are used on a non -RISE project. The Recipient shall comply with all requirements for the use of said funds. 14. Project activities or costs eligible for RISE funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement. 15. Activities or costs ineligible for RISE funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 16. The Recipient shall initiate project activities in a timely manner. The proposed timetable for project development is shown in Exhibit D which is attached hereto and by this reference incorporated into this agreement. If construction of the project has not commenced by the date shown in the timetable, this agreement shall be considered to be in default. The Recipient may request the approval of the DOT to revise the beginning of construction date. The request must be in writing and be submitted thirty (30) days prior to the date shown in the timetable. 17. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. a9S 18. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. 19. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of RISE funds shall be made only after the DOT accepts the project as complete. 20. The Recipient shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for RISE funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 21. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. 22. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of RISE funds loaned or granted by this agreement through charges against the Recipient's road use tax funds. 23. The Recipient agrees to indemnify, defend and to hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. It includes, but is not limited to, claims for acts and omissions for which the DOT alone was or would be responsible. 24. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 601A. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 25. The Recipient shall use positive efforts to solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as qQ95 contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E which is attached hereto and by this reference is incorporated into this agreement. 26. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 27. This agreement is not assignable without the prior written consent of the DOT. 28. It is the intent of'both parties that no third party beneficiaries be created by this agreement. 29. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A (1991). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. 30. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 31. This agreement as set forth in paragraphs 1 through 31 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. 4493 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 92-R-003 as of the date shown opposite its signature below. City of Iowa City: LBy: Z+, Date December 10 1991 Tit l Mayor Marian K. Karr that John McDonald certify that I am the Clerk of the City, and who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the December , 19 91 Iowa Department Of Transportation 10th Signed 4a'4z� �f • tii/ City Clerk of Iowa City, Iowa day of Date December 10 , 1991 By: Date �!��� �T 19 Roger nd berg, P.E. Urb Systems Engineer Office of Local Systems 4% ------------------- - - - - - - - - - - - - EXHiSi g-1--'-a95 EXHIBIT B Project activities or costs eligible for RISE funding include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement overlays, and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction.' c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Right-of-way purchase. e. Construction or improvement of motorist rest areas, welcome centers, and information centers. f. Design engineering costs and construction inspection costs associated with RISE -financed projects. g. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. h. Storm drainage and storm sewer costs to the extent needed for draining the roadway. EXHIBIT C Activities or costs ineligible for RISE funding include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the commission except advance right-of-way costs to protect or preserve a project corridor. If there is an extreme urgency involving right-of-way acquisition, a potential applicant may formally request from the department a written waiver which, if granted, will permit the applicant to acquire the right-of-way immediately without jeopardizing the eligibility of the acquisition costs for future RISE funding Granting of the waiver shall not imply or guarantee that a subsequent application which includes the acquisition costs will be funded. The request for the advance eligibility must include justification regarding the urgency of the acquisition, a description of the land to be acquired, and a map showing its location. The advance eligibility waiver must be requested and approved prior to the applicant's acquisition of the land in question, and the RISE application which includes the acquisition costs must be received by the department within two years following the granting of the waiver, or the waiver is not valid. b. Routine roadway, bridge and culvert maintenance, including pothole filling, crack sealing, seal coating, patching, shoulder maintenance, gravel or earth roadway maintenance, and bridge painting. c. Winter roadway and bridge maintenance, including snow plowing, sanding, and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. f. Pre -design engineering expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Electric, water, natural gas, telephone and other utility construction, reconstruction or adjustment except when utilities located on private propery are replaced or relocated for project construction. �5 j. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. m. Sidewalks, bicycle paths, and railroad -highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parking expenditures, including those for structures, lots, meters, and marking. o. Non -roadway transportation expenditures, including those for railway, aviation, public transportation, and inland waterway facilities and equipment. p. Purchase of furnishings, construction equipment, and personal property. q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Sanitary sewers. S. Water mains. t. Donated right-of-way. A% Grant Contract Exhibit D Exhibit F - Time Schedule July 19, 1991 • Application for RISE funds submitted to Iowa DOT. August, 1991 • Corporate decision on Iowa City plant expansion. September, 1991 • Agreement for RISE funds executed. • Complete design and engineering for plant expansion. • Begin installation of utilities and building construction. • Begin installation of packing system. November, 1991 • Begin construction of rail spur. December, 1991 • Begin installation of making system. • Complete installation of packing system. • Complete utilities installation and building construction. February 1, 1992 • Submit plans and specs for roadway to Iowa DOT. February 18, 1992 • Set public hearing for roadway construction. March, 1992 • Completion of railway spur construction. March 3, 1992 • Hold public hearing on roadway plans and specs. Final approval of roadway plans and specs. March 4, 1992 • Solicit bids for roadway construction. March 19, 1992 • Complete installation of making system. March 24, 1992 • Let bids for roadway construction. March 31, 1992 • Award contract for roadway construction. April 13, 1992 • Begin construction of roadway. August, 1992 • Complete construction of roadway. • Complete employee training and begin production. rise.p&g\exh-f.ris -� 1*41118t7680 UTILIZATION OF MINORITY, WOMEN, AND/OR DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code chapter 4, it is the policy of the DOT that Minority, Women and Disadvantaged Business Enterprises (MBE/WBE/DBEs) shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or in part with state funds. Under this policy it is the responsibility of Recipients receiving state funds to help finance projects to make a positive effort to solicit bids from and to utilize MBE/WBE/DBEs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. The Recipient's "positive efforts" should include, but not be limited to: 1. Obtaining the names of qualified MBE/WBE/DBE contractors from the DOT's Office of Contracts and/or seek these contractors through advertising in general -circulation, trade association or minority -focused media. The Office of Contracts and the Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for MBE/WBE/DBE designation. 2. Notifying qualified MBE/WBE/DBEs of proposed projects involving State assisted funding. Notification should be made in sufficient time to allow the MBE/WBE/DBEs to participate effectively in the bidding process. 3. Soliciting bids from qualified MBE/WBE/DBEs on each project, and identifying for MBE/WBE/DBEs the availability of subcontract work. 4. Including in the bid proposals for State assisted projects, the "Contract Provisions for Specific Affirmative Action Responsibilities on Non -Federal Aid Projects (for Third -Parte State Assisted projects)", or a similiar specification developed by the recipient. 5. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish goals, set -asides or percentages to achieve MBE/WBE/DBE participation in these projects. Contract goals may vary depending on the type of project, the project's sub -contractable items, the type of service or supplies needed for the project, and the availability of qualified MBE/WBE/DBEs in the area. �ti5 The Recipient shall agree to provide the DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any MBE/WBE/DBEs. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established MBE/WBE/DBE goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by qualified MBE/WBE/DBEs for the project or projects covered by this agreement. 4. The attached "Checklist and Certification" form shall be filled out upon completion of each project and forwarded to the DOT's Contact person. a94 y 00 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF MINORITY, WOMEN, AND DISADVANTAGED BUSINESS ENTERPRISES ON THIRD -PARTY STATE ASSISTED PROJECTS COUNTY: PROJECT NUMBER: RECIPIENT: AGREEMENT NUMBER: 1. Were qualified MBE/WBE/DBE names obtained from Iowa DOT's Office of Contracts? YES NO If no, why not? 2. Were qualified MBE/WBE/DBEs notified of project? YES NO If yes, by letter telephone _, personal contact If no, why not? 3. Were bids solicited from qualified MBE/WBE/DBE's? YES NO If no, why not? 4. Was a goal, set-aside or percentage established for MBE/WBE/DBE participation? If yes, what was the goal or percentage? If no, why not? 5. Did the prime contractor use positive efforts to utilize MBE/WBE/DBE's on subcontracts? If no, what action was taken by Recipient? Is documentation in files? YES NO YES NO YES NO 6. What was the dollar amount reimbursed to the Recipient by the DOT? What was the final project cost? S S What was the dollar amount performed by MBE/WBE/DBE's? S Was the goal or percentage achieved? If no, why not? YES NO I certify that the Recipient used positive efforts to utilize MBE/WBE/DBE's as participants in this project. Project Engineer Date Q96 RESOLUTION NO. 91-296 RESOLUTION AUTHORIZING APPLICATIONS FOR 25 UNITS OF SECTION 8 CERTIFICATES, 25 UNITS OF SECTION 8 VOUCHERS AND 20 UNITS OF PUBLIC HOUSING FOR A SELF SUFFICIENCY PROGRAM WHEREAS,the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published notices of fund availability for Certificates, Vouchers, and Public Housing as an incentive for beginning a self sufficiency program; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher and Public Housing Programs and wishes to provide assistance to participants in housing assistance programs to become economically independent; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Family Self Sufficiency program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said applications to the Department of Housing and Urban Development for units to operate a Self Sufficiency Program. 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. It was moved by Atnbrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco y Courtney X Horowitz X Kubby X Larson X McDonald R Novick Passed and approved this i n+t, day of ne,pMhor 1991. L(z 0"' ATTEST: rho X CITY CLERK hisadmin\fss.res Approved by y Attorne ' Office