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HomeMy WebLinkAbout1981 Resolution Book1981 RESOLUTIONS PAGE RES.# 1-18 ES. TITLE DATE 1 1 Res. Setting P.H.On An Ord. Establish- 1/13/81 ing A User Charge System To Provide Funds For City's Waste Water Treatment Works 2-3 2 REs. Accepting Work On Streetscape Improve- ment Project, Phase II -B 4-5 3 Res. Declaring Public Convenience And Necess- ity Requires Issuance Of Certain Taxi -Cab Cert. 6 4 Res. Approving & Formally Adopting An Affirmative Q Action Policy 7-9 5 Rept Res. Author. Mayor, City Clerk To Attest A 28E 8t-1,70 Agree. With JO.CO. Re Operation Senior Center 10 6 Res. Amending Number Of Author. Permanent Positions in Streets -Sanitation Division Of PW 11 7 Res. Amending Number Of Author. Permanent Position In PPD 12-14 8 Res. Author. Contract For L. Ralston Creek Neigh- borhood Revitalization (Parcel 13) Owned by Albert & Wilfreda Hieronymus 15-16 9 Res. Of Certificate Of Completion To First Fed- eral Savings & Loan Assoc., Certifying Redevelop- er's Mortgage Is An Author. Loan Pursuant To Terms Of The Contract For Sale Of Land 17 10 Res. Issuing Dancing Permit for Crow's Nest, 1/27/81 328 E. Washington 18 11 Res. Extending Governor Lucas Square Commission For Six Months 19-23 12 Res. Authorizing Agreement With C&C Investments & Con- veyance To C&C Investments Of A Portion Of Vacated Sand Lake Drive 24-25 13 Res. Authorizing Agreement Between City Of Iowa City And University Heights For Transit Service 26-30 14 Res. Directing Delivery Of Construction Warrants In Payment Of Contract 31-32 15 Res. To Consider Proposal To Convey Vacated Linn St. R -O -W At 805 S. Gilbert St.; To Set P.H. 2/10/81; To Publish Notice Of Hearing On Said Conveyance 33-35 16 Res. Just Compensation For Acquisition Real Property Phase III L. Ralston Creek Neighborhood Revitalization (Parcels 16, 17,18,19 and 20) 36-46 17 Res. To Attest Two Construction Easements & One Permanent Sanitary Sewer Easement With LL Pelling Co. Inc. 47-48 18 Res. Authorizing Mayor To Execute IDOT R -O -W Assurance Statement BOOK 66 1981 RESOLUTIONS 19-38 PAGE RES. # RES. TITLE DATE 49 19 Res. To Issue Cigarette permit, 2/10/81 Discount Den of Iowa, 117 E. College 50 20 Res. To Issue Dancing Permit, Wood - field's, 223 1/2 E. Washington St. 51 21 Res. Setting P.H. Budget Estimate For FY 81-82 52 22 REs. Setting P.H. Re Const. Byington Rd. & Grand Ave. Intersection Improvements 53-55 23 Res. Accepting Pre..PAD, LSRD & Prel. Plat Hunter's Run Subdivision, Iowa City, Iowa 56-58 24 Res. Approving Prel. & Final LSNRD Plan III Procter & Gamble Mfg. Co. 59-60 25 Res. Authorizing Agreement & Conveyance To Philip C. Cary Portion Vacated Linn St. R -O -W 61-64 26 Res. Approving Prel. Design Plans For Signage UR Parcel 102-3,4 (First Federal Savings & Loan Association) 65 27 Res. Establishing Amt. Bid Security To Accompany Each Bid, Publish Notice, Fixing Time & Place, Const. Scott Blvd. Improvement Project Phase I 66-70 28 Res. Directing Delivery Of Construction Warrants In Payment of Contract, Metro Pavers, $5,060.50 71-74 29 Res. Authorizing Agreement w/County To Pay FY75 Taxes For UR Parcel -First Federal Savings And Loan 75 30 Res. To Issue Cigarette Permits, Hungry 2/24/81 Hobo, 517 S. Riverside Dr. 76-77 31 Res. Approving Construction For The Byington Rd. & Grand Ave. Intersection Improvements 78-79 32 Res. Declaring Public Convenience And Necessity Requires Issuance Of Certain Taxi - Cab Certificates, A Better Cab Co. 80-81 33 Res. Declaring Public Convenience And Necessity Requires Issuance Of Certain Taxi - Cab Certificates, Hawkeye Cab Co. 82 34 Res. Adopting Supplement No. 7 To the Code Of Ordinances Of City Of Iowa City, Iowa 83-84 35 Res. Authorizing Mailing Of City Position Letter Re Sam Hershberger Subd. To Wm. Meardon 85-86 36 Res. Accepting Five Parcels Of R -O -W From IDOT For Access & Frontage Rds. To Hwys. & 518 87 37 Res. Naming Depositories, FNB, Hawkeye State Bank, Iowa State Bank & Trust 88-93 38 Res. Authorizing Issuance & Sale Of Industrial Development Revenue Bond (Stephens Project) Principal Amount Of $100,000 BOOK 66 1981 RESOLUTIONS PAGE RES.# 94 95-96 97 98-101 102-107 108-113 114-115 116-121 122 123 124 125 npli 127 128-129 130-131 132-133 134-135 136-137 138-151 39- 58 RES. TITLE DATE 39 Res. Issue Dancing Permit, BPO Elks 3/10/81 #590, 637 Foster Rd. 40 Res. Re Budget Amendment To An Appli- cation W/DOT For Grant Under Urban Mass Transportation Act of 1964, As Amended 41 Res. Establishing Commitment To Provide Financial Support To JCCOG 42 Res. Repealing REs. 81-25 & Authorizing Mayor & Clerk To Attest Agreements City Convey Portion Vacated Linn St. To Philip C. Cary w/Reservation of Easement 43 Res. Issuance & Sale Of Industrial Devel. Revenue Bond (Mark Henri Ltd.) 44 Res. Issuance & Sale Of Industrial Devel. Revenue Bond (Michael J's) 45 Res. Adopting Annual Budget For FY Ending June 30, 1982 46 Res. Certifying Unpaid Water Charges To County Auditor For Collection In Same Manner As A Property Tax 47 Res. Author. Application For 25 Family Units Under Section 8 Existing Housing Program & Requesting Funds 48 Res. Issue Dancing Permit, Silver Saddle, 3/24/81 1200 Gilbert St. 49 Res. Set P.H. Re Construction Iowa City Downtown Electrical Revisions, Phase II 50 Res. Not To Amend Iowa City Comprehensive Plan For Land Use, Trafficways & Community Facilities Re To Foster Road 51 Res. Directing Removal Of Parking Prohibition On So. Side Village Road At Intersection Of Village Road W/Village Green Blvd. East To Easterly Terminus Of Village Road 52 Res. Author. & Directing The SolicitationOf Offers To Purchase Land For Private Development (All of A Portion Of Elm Grove Park) 53 Res. Reclassifying One Permanent Full -Time Position In Parks & Recreation Dept. -Parks Division 54 Res. Reclassifying One Permanent Full -Time Position In Parks & Recreation Dept. - Recreation Division 55 Res. REclassifying One Permanent Full -Time Position In City Clerk's Office 56 Res. REclassifying One Permanent Full -Time Position In Finance Dept. - Parking Division 57 Res. Reclassifying One Permanent Full -Time Position In Equipment Service Division 58 Res. Amending Res. Of Necessity Re 1979 BDI Second Add. Improv. Proj. & Approv. Amended Prel. Schedule I BOOK 66 1981 RESOLUTIONS 59-80 PAGE RES. it RES. TITLE DATE 152-153 59 Res. Accepting Work For Part C of 1979 BDI Second 3/24/81 Addition Improv. Project 154-155 60 Res. Accepting Completed Work For BDI Second Add. Improv. Proj. Including Parts A, B & C 156-159 61 Res. Ordering Preparation Of Final Plat And Schedule Of Assessments 160 62 Res. To Issue Cigarette Permits, The Gas Co. 4/7/81 2300 Muscatine 161 63 Res. To Issue Dancing Permit, Rosebud, 505 E. Burlington St. 162 64 Res. Authorizing Abandoned Bicycle Sale 163 65 Res. Approving Prel. Plat Deer Hill Estates, Jo. Co. 164 66 Res. Approving Prel. Plat Linder Valley Subdivision, Jo. Co. 165 67 Res Denying Prel. PAD Plan Of "1750 Rochester, IC 166-167 68 Res. Approv. Cost For Construction Iowa City Down- town Electrical Revisions, Phase II 168 69 Res. Author. Mayor To Sign, City Clerk To Attest, FY82 Application For State & Federal Transit Assistance 169 70 Res. Establishing A Public Hearing On City's FY82 State & Federal Transit Assistance Applications 170 71 Res. Awarding Contract Of Scott Blvd. Paving Improv. Proj. , Phase I To Metro Pavers, Inc. Iowa City, IA. 171 72 Res. Awarding Contract Of Byington Rd. & Grand Ave. Intersection Improv. To James T. Fox Const. Corp. Marion, Iowa 172-174 73 Res. Establishing Imcome Limits Re IC Housing Authority Public Housing Program 175-188 74 Res. Authorizing City Mgr. To Execute Develop, Program Of Public Housing Agency & Develop. Cost Budget/Cost Statement For Project IA -22-3 189-191 75 Res. Setting PH For Sale Real Property Owned by City To Southgate Develop. Co. For Purpose Of Develop. Public Housing Project 22-3 192-195 76 Res. Amending Previous Res. Re IDRB Reduce Amount Of Principal Amount Of Bond Of $1501000 To $70,000 Mark Henri 196-201 77 Res. Author. Issuance & sale Of IDRB, Cards Et Cetera, Ltd, $100,000 202-207 78 Res. Author. Issuance & sale Of IDRB, Rosja, Ltd. $70,000 208-213 79 Res. Author. Issuance & Sale Of IDRB, Lenoch & Cilek, Inc. $150,000 214-216 80 Res. Re Agreements W/Sunrise Enterprises, Inc, & Robert & Erma Wolf Re Access To Scott Boulevard OOK 66 981 RESOLUTIONS PAGE RES. # 217 81 218 82 219 83 220 84 221 85 81- 101 RES. TITLE Cigarette permits, Rosebud, 505 E. Burlington, Hill Top Lounge, 1100 N. Dodge St. Setting P.H. re Summit Street Bridge Deck Re- placement Project Setting P.H. re CBD Alley Paving -Phase I, Blocks 102 and 103 O.T. Setting P.H. re Parking Ramp "A" Exit Lane Setting P.H. re Iowa City Downtown Electrical Revisions - III DATE 4/21/81 222-223 86 Setting P.H. re Sale Of Real Property Owned By City & Located IN East Iowa City(Vacated Pickard St. R -O -W b/Highland Street & Friendly Ave.) 224 87 REs. Amending Final LSRD Plan Of Lot 90, TY'n Cae Part II, Iowa City, Iowa 225-228 88 Res. Of Necessity To Authorize City Of Iowa City, Iowa To Extend The Boundary Of Lower Ralston Creek Neighbor- hood 229-230 89 Res. Authorizing Amendment To Contract re Shoemaker & Haaland, Professional Engineers, Inc. 231-239 90 Res. Authorizing Execution Of A Memorandum Of Agree- ment With Henry Louis Incorporated 240-245 91 Res. Fixing A Date For P.H. On Proposed Industrial Development Revenue Bond (Henry Louis Inc. Project) 246-256 92 Res. Directing Delivery Of Construction Warrants In Payment Of Contract ( 1979 BDI Second Addition) 257-261 93 Res. Directing Delivery Of Construction Warrants In Payment Of Contract (Shave-Hattery & Assoc.) 262-275 94 Res. Adopting & Levying Final Schedule Of Assessments And Providing For The Payment Thereof 276-279 95 Res. Authorizing Execution Of Water Main Extension Agreement w/Robert W. Stevens 280-283 96 Res. Authorizing Execution Of Water Main Extension Agreement w/James A. Clark 284 97 Res. Authorizing Placement Of Additional Mailboxes At East End Of Existing Island In 200 Blk. Of Harrison Street 285-286 98 Res. Authorizing Acceptance Of A Final Accounting Of Income & Expenses For The Financial Close-out Of The Clinton Street Modular Units 287-290 99 Res. Approving & Formally Adopting Compensation Policy For Administrative & Confidential Employees 291 100 Res. Adopting Supplement No. Eight To The Code Of Ordinances Of The City Of Iowa City, Iowa 292 101 Res. Adopting The Parks & Recreation Plan 1981-1985, For The City Of Iowa City, Iowa BOOK 67 1981 RESOLUTIONS 102-119 PAGE RES.# RES. TITLE DATE 293-297 103 Res. Authorizing Mayor To Sign, Clerk To Attest 5/5/81 Agreement Releasing An Agreement To Dedicate Right -Of -Way For Extension Of W. Benton St. 298-299 104 Res. re The Summit Street Bridge Deck Replacement 300-301 105 Res. re The Iowa City Downtown Electrical Re- visions, Phase III 302-303 106 Res. re The CBD Alley Paving -Phase I, Blocks 102 And 103 O.T. 304-305 107 Res. re Fourth Exit Lane From Parking Ramp "A" 306-307 108 Res. Authorizing Sale Of Real Property Located In East Iowa City (Vacated Pickard St. R -O -W b/Highland Street And Friendly Avenue) 308-310 109 Res. Authorizing Sale Of Real Property Owned By The City Of Iowa City To Southgate Development Co. For The Purpose Of Developing Public Housing Proj. IS 22-3 311-315 110 Res. Directing Delivery Of Const. Warrants In Payment Of Contract - Parkview Co. $11,139.55 316-217 111 Res. Reclassifying Two Permanent Full -Time Positions In Equipment Service Division & One Permanent Full - Time Position In Parks & Recreation Department- Parks Division 318 112 Res. Establishing Fees For Certificates Of Structure Compliance & Rental Permits As Part of Iowa City Housing Code 319 320 113 Res. Establishing Frequency Of Regular Rental In- spections As Required By Iowa City Housing Code 321 114 Res. To Issue Dancing Permit, ThatBar/Fish Hook 5/19/81 325 E. Market St. 322 115 Res. Approving Recommendation of P&Z Comm, re Recommendations Of Melrose Corridor Comm. be accepted 323-327 116 Res. Approving Prel. & Final Plats Of Lot 163, Pepper - wood Addition, Part 3 328-329 117 Res. Approving Extended Boundaries Of L. Ralston Creek Neighborhood Redevelopment Plan, As Required By Chapter 403 Of The Code Of Iowa 330-334 118 Res. To Proceed With Issuance & Sale Of Industrial Development Revenue Bond(Henry Louis Inc. Project) Not To Exceed $80,000 335 119 Res. Awarding Contract re Construction Of Iowa City Downtown Electrical Revisions, Phase II To Town & Country Electric BOOK 67 1981 RESOLUTIONS 120-139 PAGE RES.# RES. TITLE DATE 336-342 120 Res. Relating To Authorizing Execution Of An 5/19/81 Amendment To Memo. Of Agreement Previously Executed In Connection W/Issuance Of Not To Exceed $5,000,000 In Aggregate Principal Amount Of City's ID Revenue Interim Bonds(Plaza Retail Associates Project) & Not To Exceed $5,000,000 In Aggregate Prin. Amt.Of City's IDRB(Plaza Retail Assoc. Project) 343-349 121 Res. Relating To Authorizing Execution Of An Amendment To Memo. Of Agree. Previously Executed In Connection W/Issuance Of Not To Exceed $7,500,000 In Aggregate Prin. Amt. Of City's Ind. Develop. Revenue Interim Bonds(Towers Hotel Associates Proj.) And Not To Exceed $7,500,000 In Aggregate Prin. Amt. Of City's IDRB (Towers Hotel Associates Project) 350-351 122 Res. Reclassifying One Permanent Full -Time Position Engaging Auditor For Year Ending June 30, 1981 406-410 Re Parks & Rec. Dept. - Cemetery/Forestry Division Res. Re & Two Permanent Full -Time Positions In PW Dept. - Water Division 352 123 Res. Setting Public Hearing On Amending FY81 Budget 6/2/81 353 124 Res. Setting Public Hearing Re Form Of Contract For 415-419 137 Construction Of FY82 Asphalt Resurfacing Project 354 125 Res. Setting Public Hearing Re Contract For Construction 138 Res. Of CBD Alley Paving - Phase II, Blk. 82 O.T. 355 126 Res. Settlement Payment & Offer To Purchase Portion Res. Re South Market Square, Iowa City, Iowa 356 127 Res. Re Contract For Construction Of Parking Ramp "A" Exit Lane 357 128 Res. Re Contract For Construction Of Iowa City Downtown Electrical Revisions, Phase III 358-369 129 Res. Re Execution Of Agreement & Letter Of Intent W/IDOT 370 130 Res. Awarding Contract Re Summit Street Bridge Deck Replacement - McComas-Lacina Const. Co., Iowa City 371-381 131 Res. Author. Execution Of Annual Contributions ✓ Contract & General Depositary Agreement & Issuance Of Project Loan & Permanent Notes 382-402 132 Res. Author. Execution Of Turnkey Contract Of Sale Turnkey Project IA 22-3 403-404 133 Res. Author. An Agreement b/City Of Iowa City And Leslie Cole For The Lease Of Cropland 405 134 Res. Engaging Auditor For Year Ending June 30, 1981 406-410 135 Res. Re Emergency Assistance In Iowa City Area w/Iowa City Crisis Intervention Center 411-414 136 Res. Re Contract w/Domestic Violence Project 415-419 137 Res. Re Contract w/Elderly Services Agency Of Jo. County 420-423 138 Res. Re Contract w/Mayor's Youth Employment Program 424-427 139 Res. Re Contract w/Pals Program Of Johnson Co. Extension Service BOOK 67 1981 RESOLUTIONS PAGE RES.# 428-430 140 431-435 141 436-439 440 440 441-443 444-445 446-447 448-450 451-452 453-454 455-456 457-458 459 460 461 462-468 469-475 476-481 482 483-517 518-541 142 143 144 145 146 140- 161 RES. TITLE DATE Res. Re Contract w/Rape Victim Advocacy Prog. 6/2/81 Res. Re Contract w/United Action For Youth Res. Re Contract w/Willow Creek Neighborhood Center Res. issuing dancing permit to Fraternal 6/16/81 Order of Eagles #695 Res. issuing dancing permit to Gabe's Res. issuing cigarette permits -See attached list Res. accepting plantings for CBD Streetscape Phase II -C 147 Res. accepting work for City Plaza (Supplemental contract) 148 Res. authorizing Mayor execute and City Clerk attest agreement/protective covenant with Edwin and Ethel Barker 149 Res. approving amended final LSRD for Emerald Court Apartments 150 Res. amending current budget for FY81 151 Res. approving plans, specs., etc for FY82 Asphalt Resurfacing Project 152 Res. approving plans, specs., setc for CBD Alley Paving Project Phase II, Block 82 O.T. 153 Res. awarding contract for CBD Alley Paving Porject - Phase I, Blocks 102 and 103 O.T. 154 Res. establishing landfill use fee and residential solid waste collection fee 155 Res. authorizing additional funding to Airport for ADAP matching funds 156 Res. authorizing execution of annual contribu- tions contract (Section 8 housing) 157 Res. authorizing application for certification of Iowa City's Fair Housing Ordinance 158 Res. authorizing lease for Davis Building with Washington Park, Inc. 159 Res. unclassified salaried for City Mgr. & City Clerk for FY82 160 Res. authorizing agreement with IC Library Bd., AFSCME, Local #183 for 7/1/81 thru 6/30/83. 161 Res. authorizing agreement with IC Association of Professional Fire Fighters, IAFF, Local #610, for 7/1/81 thru 6/30/82 BOOK 68 1981 RESOLUTIONS 162-177 PAGE RES. # RES. TITLE DATE 542-543 162 Res. to Issue Cigarette Permits 6/30/81 (attached list) 544-545 163 Res. Accepting Storm Sewer re MacBride Add., Part III 546 164 Res. Setting Public Hearing On Plans, Specs., For Construction Of Scott Boulevard Paving Improvement Project - Phase II 547-573 165 Res. Approving The Preliminary Plat & Planned Area Development Plan Of Regency Gardens, Parts 1-6, & Final Plat Of Regency Gardens, Parts 1-4 574-582 166 Res. Author. Application For 30 Units Under The Section 8 Moderate Rehabilitation Program & Request- ing Funds 583 167 Res. Author. City Mgr.Under Authority Of Uniform Act To Use Small Cities/Lower Ralston Creek Proj. Funds, Not To Exceed $10.000 In Excess Of Those Al- ready Authorized Under Section 203, For The Timely Relocation Of Josephine Graham 584 168 Res. Author. Extension Of The Period For Receipt Of Offers To Purchase Land For Private Develop- ment (All. Or A Portion Of. Elm Grove Park) 585-587 169 Res. Author.To Execute A Fourth Renewal Of A 28E Agreement B/Iowa City & Johnson County For Transit Services 588-591 170 REs. Author. To Execute A 28E Agreement With Johnnson County For Operation Of The Iowa City Senior Center 592 171 Res. Awarding Contract To Motorola Communications & Electronics, Inc. For Purchase & Installation Of Two -Way Radio System For Iowa City Transit System 593 172 Res. Awarding Contract To Columbia Equipment Co. For Purchase Of Ten Bus Shelters For Iowa City Transit 594 173 Res. Awarding Contract To Ward Bus Body Sales For Purchase Of An Adult -Seat Passenger Bus With Lift For The University of Iowa 595 174 Res. Awarding Contract To Neoplan-USA For Purchase Of Six Advanced Design Transit Coaches With Lifts With Option On One Additional Unit For City Of Iowa City, City Of Coralville, & Universtiy of Iowa 596-606 175 Res. Providing For Participation By The City Of Iowa City In The Formation Of The Iowa Municipalities Workers' Compensation Association 607-610 176 Res. Approv. Signing Of Release In Connection With Block 64 Urban Renewal Redevelopment 611 177 Res. Appointing City Attorney & Establishing Compen- sation For FY82 Beginning July 1, 1981 1981 RESOLUTIONS 178 - 199 PAGE RES.# RES. TITLE DATE 612 178 Res. To Issue Dancing Permit, VFW #2581 7/14/81 613-614 179 Res. To Issue Cigarette Permit (attached list) 615 180 Res. To Issue Dancing Permit, The Field House, Maxwell's 616 181 Res. Accepting Work For The Court & Corridor For The Downtown Parking Facility Ramp A 617 182 Res. Setting Public Hearing On Gilbert Street RR Crossing Improvements 618-621 183 Res. Author. Conveyance Of Real Property Owned By Iowa City & Located Along Foster Rd. & St. Ann's Drive 622-623 184 Res. Approv. Estimate Of Cost Re Construction Of The Scott Blvd. Paving Improvement Proj. - Phase II 624 185 Res. Awarding Contract Re Construction Of FY82 Asphalt Resurfacing Project 625 186 Res. Awarding Contract Re Construction Of CBD Alley Paving - Phase II, Block 82, O.T. 626-627 187 Res. Author. Agreement B/City Of Iowa City & City Of University Heights Re The Provision Of Transit Service Within The Corporate Limits Of University Heights 628-633 188 Res. Author. Contract With City Cab Co. For FY82 Seats Supplemental Taxi Service 634-657 189 Res. Author. Agreement B/City Of Iowa City & The Iowa City Police Patrolmen's Assoc., Effective July 1, 1981 Throught June 30, 1982 658-667 190 Res. Establishing A Classification Compensation Plan For Administrative Employees 668-669 191 Res. Establishing A Classification Compensation Plan For Confidential Employees 670 192 Res. To Issue Cigarette Permits 7/28/81 671 193 Res. Setting Public Hearing Re Lower Ralston Creek Improvements - Phase I 672-673 194 Res. Approving Plans, Specs. etc., The Gilbert Street Railroad Crossing Improvements 674-696 195 Res. Author. Filing Application For A Grant Under The Water Pollution Control Act (33 U.S.C. 1251 et seg.) 697-701 196 Res. Author. Execution Of Lease W/Jo.Co. Agricultural Association 702-708 197 Res. Author. Execution Of Contract W/Jo.Co. Seats 709-714 198 Res. Author. Execution Of Contract W/AARP - American Association of Retired Persons 715-720 199 Res. Author. Execution Of Contract W/Elderly Services Agency 1981 RESOLUTIONS 200 - 217 PAGE RES. # RES. TITLE DATE 721 200 Res. Amending Classification/Compensation 7/28/81 Plan For Administrative Employees 722-723 201 Res. Rescinding The Temporary Closure Of Capitol St. From North R -O -W Line Of Burlington St. To The South R -O -W Line Of College St. 724 202 Res. To Issue Cigarette Permits 8/11/81 725 203 Res. To Issue Dancing Permit, Moose Lodge #1096 726 204 Res. To Refund Cigarette Permit, El Fronterizo 727 205 Res. Setting P.H. On Increased Water Rates 728 206 Res. Setting P.H. Re Contract For The Lafayette Street Railroad Bridge Project 729 207 Res. Setting P.H. Re Fifth Year Hold -Harmless CDBG 730 208 Res. Setting P.H. On The Matter Of The Notice Of Violation, Notice Of Claim, & Order Of Compliance Issued By The City Of Iowa City To Sheller -Globe Corp. 731-732 209 Res. Approving Plans, Specs. etc., For The Lower Ralston Creek- Phase I Project 733-740 210 Res. Authorizing Agreement W/Plum Grove Acres, Inc. Re Extension & Relocation Of Scott Boulevard Together With Proposed Conveyance 741-756 211 Res. Authorizing Exectuion Of Amendment To Contract With Veenstra & Kimm, Inc. 757 212 REs. Awarding Contract For Scott Boulevard Paving Improvement Proj. - Phase II To Metro Pavers, Inc. 758-786 213 Res. Authori.zing Execution Of The Urban Mass Trans- portation Capital Grant Contract 787 214 Res. Authorizing Filing Of CDBG/Metro Entitlement Application In The Amount Of $776,000 Under Housing & Community Development Act Of 1974 788-792 215 Res. Authorizing Agreement B/City & Owners To Release & Redescribe Storm Sewer Easement. lot 13, Dean Oakes First Addition To City Of Iowa City, Iowa 793-817 216 Res. Adopting Policies Concerning Rental, Use & Grievance Procedures For Public Housing Units - Proj. IA 22-3 818 217 Res. Adopting Supplement Number Nine To The Code Of Ordinances Of The City Of Iowa City, Iowa BOOK 69 1981 RESOLUTIONS PAGE RES. # 819 219 820 220 821-822 221 823 222 824-825 223 826 827 828-829 830-834 835-841 842-860 861 862-887 888 889 895-896 897-898 899 900-901 902-909 224 225 226 227 218 void 219- 241 RES. TITLE DATE REs. To Issue Dancing Permit, Highlander Inn 8/25/81 Club, Route 2 REs. To Issue Cigarette Permits REs. Accepting the Work For Iowa City Downtown Electrical Revisions, Phase I Res. Setting P.H. Re Civic Center Roof Repari Proj. Res. Approving Prel. & Final LSNRD Hills Bank And Trust Co. Res. Approving Prel. Plat Of Bryn Mawr Heights Addition Part XIII Res. Approving Prel. Plat Of Dean Oakes Third Subd. Res. Approving Contract For Lafayette St. RR Bridge Res. Author. Agreements W/Albert N. & Wilfreda A. Hieronymus, Owner & Leslie Cole, Tenant, Re Exten- sion & Relocation Of Scott Boulevard 228 Res. Authorizing Agreement B/City Of Iowa City And Cedar Rapids And Iowa City Railway Company 229 Res. Authorizing Execution Of The Federal Transit Assistance Grant Contract 230 Res. Establishing Duration & Fee Of Permits For The Iowa Avenue Lot 231 Res. Authorizing Execution Of Agreement For Space Needs Study And Program 232 Res. Reclassifying One Permanent Full -Time Position In The Parks And Recreation Department 233 Res. Esatablishing Time & Place Of Meetings Of The City Council Of Iowa City, Iowa 234 Res. To Issue Cigarette Permits 9/08/81 235 Res. Accepting Work For Byington Road At Grand Ave. 236 Res. Approving Final Plat & LSRD Plan Of Court Hill - Scott Blvd. Part VIII Addition To City Of Iowa City 237 Res. Approving Final Plat Of Linder Valley Subd. 238 Res. Approving Plans, Specs. Of Civic Center Roof Repair Project 239 Res. Awarding Contract Of The Lower Ralston Creek Improvement Program - Phase I To North Iowa Cont., Inc. 240 Res. Awarding Contract Of The Gilbert Street Railroad Crossing Improvements To Metro Pavers, Inc. Of Iowa City 241 Res. Approving Official Municipality Report For Municipal Streets & Parking & Official Street Construction Program Project Status Report For FY81 C11 •• 1981 RESOLUTIONS 242 - 261 PAGE RES. # RES. TITLE DATE 910 242 Res. To Refund Cigarette Permit, M.Wards 9/22/81 911-912 243 Res. Approving Prel. & Final LSNRD #2 American (portion of Scott Blvd. r -o -w south of Court St.) 1019-1023 College Testing Program, Inc. 913-914 244 Res. Approv. LSRD Plan For Oaknoll Retirement & Contractors Tool & Supply, Iowa City, Iowa 1024-1029 Residence New Addition 915-917 245 Res. Establishing A Policy For Emergency Funding Res. Re Construction of Civic Center Roof Repair Proj. 1031-1033 Of Human Services In Iowa City, Iowa 918-919 246 Res. Author. An Amended FY82 Contract Agreement Benton Street/Riverside Drive—%}G�PEEHEA�T3 W/Iowa City Crisis Intervention Center For The i m,a%NG elllq v 6-eb ,8}/ 1'06- - ,1%Eg) Provision Of Emergency Assistance In Iowa City Area 920-921 247 Res. Author. Joint Agreement B/Iowa City Library Bd. Of Trustees & Iowa City Council To Coordinate Negotiating Procedures Re Collective Bargaining 922-925 248 Res. Author. Execution Of An Agreement B/Johnson County Council Of Governments, City Of Iowa City & Johnson County Providing For Delivery Of Planning Services By Johnson County Council Of Governments 926-927 249 Res. Accepting Work For Summit St. Bridge Deck 928-943 250 Res. Author. Execution Of Two Agreements; Lafayette St. Railroad Bridge & Temporary Ruh -Around Re Bridge 944 251 Res. Awarding Contract Re Lafayette St. RR Project To North Iowa Contractors, Inc. 945-1012 252 Res. Amending The Design Standards For Public Works Improvements In Iowa City, Iowa By Modifying Sect. VII - Storm Sewers 1013 253 Res. to Issue Cigarette Permits; Rosebud, 10/06/81 Central Pharmacy Center, The Hilltop Lounge 1014 254 Res. To Refund Cigarette Permit; Denny's University Phillips 66 1015 255 Res. Accepting Work For CBD Alley Paving- Phase I, Blks. 102 and 102 O.T. 1016 256 Res. Accepting The Sanitary Sewer For Court Hill - Scott Boulevard, Part 8 - Knowling Brothers Cont. Co. 1017-1018 257 Res. Re Conveyance Of Real Property Owned By The City (portion of Scott Blvd. r -o -w south of Court St.) 1019-1023 258 Res. Re Amended Prel. & Final LSNRD For Hy-Vee/Drugtown & Contractors Tool & Supply, Iowa City, Iowa 1024-1029 259 Res. Re Agreement W/Cedar Rapids & Iowa City Railway Co. 1030 260 Res. Re Construction of Civic Center Roof Repair Proj. 1031-1033 261 Res. Re Agreement W/Iowa Department Of Transportation Benton Street/Riverside Drive—%}G�PEEHEA�T3 i m,a%NG elllq v 6-eb ,8}/ 1'06- - ,1%Eg) ON 611 .• 1981 RESOLUTIONS 262 - PAGE RES. # RES. TITLE DATE 1034-1035 262 Res. Authorizing Execution Of Overwidth Paving 10/06/81 Co., Inc. Project) 1066-1070 Agreement Of Sunset St. In Bryn Mawr Heights, Res. Directing Sale Of $370,000 Public Improvement Part 13 1036-1037 263 Res. Authorizing Execution Of Overwidth Paving Res. Providing For The Issuance Of $370,000 Public Agreement Of Aber Ave. In Bryn Mawr Heights, Part 13 1038-1041 264 Res. Re Agreement B/City & Owner To Release & Re - Res. Authorizing Execution Of The State Transit describe Sanitary Sewer Easement On Property Owned Assistance Grant Contract 2006 By Allen E. Greb 1042-1044 265 Res. Re Contract To Purchase 43.7 Acres More Or Legal Department 2007 Less From Donald & Mary Lou Gatens & Eugene And Res. Adding One Permanent Half -Time Position In The Patricia Meade For The Ralston Creek -North Branch Assisted Housing Division Of HIS 2008-2013 Dam Project 1045-1048 266 Res. Adopting Amendments To Industrial Revenue Bond Of Agreement With Marcia Kay Roggow 2014-2019 Policy For City Of Iowa City, Iowa 1049-1052 267 Res. Approving Capital Improvements Program For City Development Revenue Bonds, Series 1981 (Marcia Kay Of Iowa City, Iowa, For FY'S 1982-1986 1053-1058 268 Res. Authorizing Exectuion Of A Memorandum Of Agree- ment With Gerald L. Doe 1059-1065 269 Res. Fixing A Date For Hearing On Proposed Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Co., Inc. Project) 1066-1070 270 Res. Directing Sale Of $370,000 Public Improvement Bonds 1071-1080 271 Res. Providing For The Issuance Of $370,000 Public Improvement Bonds 1081-2005 272 Res. Authorizing Execution Of The State Transit Assistance Grant Contract 2006 273 Res. Amending The Authorization Of Personnel In The Legal Department 2007 274 Res. Adding One Permanent Half -Time Position In The Assisted Housing Division Of HIS 2008-2013 275 Res. Authorizing The Execution Of A Memorandum 10/12/81 Of Agreement With Marcia Kay Roggow 2014-2019 276 Res. Fixing A Date For Hearing On Proposed Industrial Development Revenue Bonds, Series 1981 (Marcia Kay Roggow Project) 2020-2021 277 Res. Accepting Work Re Parking Ramp "A" Exit Lane 10/20/81 2022-2023 278 Res. Accepting The Paving & Storm Sewer For Court Hill -Scott Boulevard, Part VIII 2024-2025 279 Res. Accepting The Work For The Iowa City Downtown Electrical Revisions, Phase II Fri BOOK 70 290 Res. Adopting Amendment To The Industrial Revenue 1981 RESOLUTIONS 280- 299 PAGE RES. # RES. TITLE DATE 2026-2031 280 Res. Authorizing Execution Of A Memorandum Of 10/26/81 Agreement W/I.C.B.B., Inc. (The Brown Bottle) 2032-2038 281 Res. Fixing A Date For Hearing On Proposed Ind. Development Revenue Bonds, Series 1981 (I.C.B.B., Inc. The Brown Bottle) 2039 282 Res. Adopting Supplement Number Ten To The Code 11/10/81 Of Ordinances 2040-2041 283 Res. Accepting Work For FY82 Asphalt Resurfacing 2042-2043 284 Res. Accepting Work for CBD Alley Paving - Phase II Block 82, O.T. 2044 285 Res. Postponing P.H. Re Notice Of Violation, Notice Of Claim, and Order Of Compliance By City Of Iowa City To Sheller -Globe Corp. 2045-2049 286 Res. To Proceed With Issuance & Sale Of Industrial Development Revenue Bonds (Marcia Kay Roggow) 2050-2054 287 Res. To Proceed With Issuance & Sale Of Industrial 2097 297 Development Revenue Bonds (Doe Beverage Co.) 2055-2060 288 Res. Authorizing Execution Of Memorandum Of Agree- ment With Juceco, Inc. 2061-2065 289 Res. Fixing A Date For Hearing On Proposed Industrial Development Revenue Bonds (Juceco, Inc.) 2066-2067 290 Res. Adopting Amendment To The Industrial Revenue Bond Policy For City Of Iowa City 2068-2069 291 Res. Stating Desire Of Iowa City, Iowa Re Johnson County Council Of Govts. Be Designated The Metro- politan Planning Organization 2070-2073 292 Res. Approving FY '83, '84, '85, '86, '87 Official Report Of Municipalities For Street Construction Program From July 1, 1982 To June 30, 1987 2074 293 Res. Amending The Authorized Permanent Positions In PPD Department 2075-2082 294 Res. Fixing A Date For Hearing On Proposed In- 11/16/81 crease In Amount Of Industrial Development Re- venue Bond (Henry Louis Inc.) 2083-2095 295 Res. Re Issuance Not To Exceed $2,000,000 Industrial Revenue Bonds(Ralston Creek Apartments LTD.) Direct- ing Publication Of Notice Of Intention To Issue, Calling P.H. & Authorizing Execution Of Memorandum Of Agreement 2096 296 Res. To Refund Cigarette Permit, Bart's Place 11/24/81 2097 297 Res. To Issue Cigarette Permit, QuikTrip #552 2098-2104 298 Res. To Proceed With Issuance & Sale Of Industrial Development Bonds Not To Exceed $460,000 (I.C.B.B.) 2105-2106 299 Res. Declaring That Public Convenience & Necessity Requires Issuance Of Certain Taxi -Cab Certificates BOOK 70 1981 RESOLUTIONS 300-316 PAGE RES. # RES. TITLE DATE 2107-2109 300 Res. Authorizing Giving Of Assurances Re 11/24/81 Tract No. 1 Plat Recorded Plat Book 14, Page 64, Plat Records Of Johnson County, Iowa 2110-2111 301 Res. Author. Filing Of A CDBG/Metro Entitlement Program Statement In Amt. Of $698,400 Under Housing & Community Development Act Of 1974,Designating City Mgr. As The Authorized Chief Executive Officer For The Grant 2112-2113 302 Res. To Not Acquire Real Property Designated As Parcels 17, 19, & 20 For The Lower Ralston Creek Neighborhood Redevelopment Project 2114-2120 303 Res. Author. 28E Agreement B/City Of Iowa City & Iowa City/Johnson County Nutrition Program For The Provision Of Space, Furnishings, Equipment, Utilities & Service At The Iowa City Senior Citizens Center For The Iowa City/Johnson Co. Nutrition Program 2121-2133 304 Res. Repealing The 1975 Personnel Rules & Regulations Manual & Establishing New & Amended Personnel Policies Manual 2134-2135 305 Res. Amending The Number Of Authorized permanent Positions In The Finance Department/Parking Division 2136 306 Res. To Refund Cigarette Permit, Superspud 12/8/81 2137 307 Res. To Refund Cigarette Permit, Westinghouse 2138-2139 308 Res. Approving Prel. Plat Of Waters First Addition 2140-2142 309 Res. Approving Prel. Plat Of Oakes Meadow Addition 2143-2144 310 Res. Approving Final LSRD Plan Of Court Hill -Scott Blvd. Part VIII Addition 2145-2151 311 Res. To Proceed W/Issuance & Sale Of Ind. Revenue Bonds (Juceco, Inc. Project) 2152-2158 312 Public Hearing & Res. Approving Proceeding W/Issuance & Sale Of Not To Exceed $2,000,000 Aggregate Principal Amount Ind. Revene Bonds (Ralston Creek Apts. LTD.) 2159-2164 313 Res. To Proceed W/Issuance & Sale Of Ind. Revenue Bonds (Henry Louis Inc. Project) 2165-2166 314 Res. Of Necessity To Authorize City Of Iowa City, Iowa To Extend Boundary Of The Neighborhood Re- development Project 2167-2168 315 Res. Re Quitclaim Deed Whereby City Conveys A Parcel Of Land In Furtherance Of Gilbert St. Realignment In Exchange For Quitclaim Deed From John & Ellen Rocca 2169-2172 316 Res. Re Execution Of Offer To Buy Real Estate And Acceptance By & Between Iowa City Roman Catholic Vicariate Board Of Education & City Of Iowa City, IA. BOOK 70 1981 RESOLUTIONS 317- 326 PAGE RES. # RES. TITLE DATE 2173-2195 317 Res. .Authorizing Agreement B/City Of Iowa 12/8/81 City And Iowa City Assiciation Of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, To Be Effective July 1, 1982, Thru June 30, 1984 2196-2197 318 Res. Accepting The Work For The Gilbert Streetl2/22/81 Railroad Crossing Improvements, FY82 2198-2199 319 Res. Accepting The Work For The Scott Blvd. Paving Improv. Proj., Phase I, FY81 2200-2201 320 Res. Accepting The Work For The Scott Blvd. Paving Improv. Proj., Phase II, FY82 2202 321 Res. Acceptance Of Senior Center(Modern Piping, Inc., Burger Const. Co., Inc., White Electric Service, Hockenbergs) 2203 322 Res. Setting Public Hearing Re Ralston Creek Village Sewer Relocation Project 2204-2209 323 Res. Approving Amended Prel. & Final LSRD Plan Of Cedarwood Apts., Iowa City, Johnson Co., Iowa 2210-2216 324 Res. Relating To Author, Execution Of An Amendment To Memo. Of Agree. Previously Executed Re $5,500,000 Industrial Revenue Bonds (Thomas & Betts Corp.) 2217-2218 325 Res. Re Agreement To The FY82 Contract Agreement With The Elderly Services Agency Of Johnson County 2219-2222 326 Res. Re Agreement With I.D.O.T. For Installation Of A Traffic Signal & Lighting System At The Inter- section Of Highway 6/218/1 RESOLUTION NO. 81-1 RESOLUTION SETTING PUBLIC HEARING ON AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM TO PROVIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH THE CITY'S WASTE WATER TREATMENT WORKS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID ORDINANCE ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the public hearing on the above-named ordinance is to be held on the 10th day of March, 1981, 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 ordinance in a newspaper published at least once weekly and having a general circulation in the city, once not less than four (4) nor more than twenty (20) days and once not less than forty-five (45) days before said hearing. 3. That the above-named ordinance is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Roberts and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 13th ATTEST: LZ�26"6. CITY CLERK BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA day of January 1981. i ` MAYOR R®eeived & Approved Ry The Legal Department RESOLUTION NO. 81-2 RESOLUTION ACCEPTING THE WORK ON THE STREETSCAPE IMPROVEMENT PROJECT, PHASE II -B WHEREAS, the Engineering Division has recommended that the improvement covering the Streetscape Improvement Project Phase II -B as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated April 1, 1980, be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x _ VEVERA Passed and approved this 13th day of January , 1981. Playor ATTEST: MZ'L' x``-�, City Clerk ..4 Ce ItELEIV .D APPRO`JED ByLY,GAL DDPLETMEENT z CITY OF 10\/VA CITY CIVIC CENTER 410 E. WASHINGTON ST. January 8, 1981 IOWA CITY IOWA 52240 (319) 354-180D ENGINEERING REPORT Honorable Mayor and City Council 410 East Washington Street Iowa City, Iowa 52240 Re: Streetscape Improvement Project, Phase II -B Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accord with the plans and specifications on file with the City of Iowa City. Concrete paving, storm sewer, sidewalks, brick work, street and pedestrian lighting, benches, trash receptacles, tree grates, sidewalks vaults and all other incidentals for the Streetscape Improvement Project, Phase II -B, as constructed by Metro Pavers, Inc., Iowa City, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. Respectf�bmitted, chael E. Kucha k, Acting irector epartment of Pub is Works Charles J. Shd madeke P.E. City Engineer bdw4/1 RESOLUTION NO. 81-3 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, n has made application for such Certificate, and, WHEREAS, a public hearing was held on the qday of January , 1981 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Hawkeye Cab Company operation ot4 additional taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to Ha�ye Cab Comply for 4 additional taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. -2 - It was moved by Roberts and seconded by that theResolution'as read be adopted, and upon roll ca AYES: NAYS: ABSENT: x Balmer x rdahl x lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of January MAY R ATTEST: CITY CLERK �l Vevera ere were: 1981. S RESOLUTION NO. 81-4 RESOLUTION APPROVING AND FORMALLY ADOPTING AN AFFIRMATIVE ACTION POLICY WHEREAS, equal employment opportunity is the law of the land; and WHEREAS, public employers, because of their unique status and obligations, are expected to take a lead role in assuring that all persons have access to job opportunities within the City of Iowa City, and that these oppor- tunities are based on individual merit; and WHEREAS, the City of Iowa City desires not only to prevent discrimination based on non -merit grounds, but to take positive action to encourage equal employment for all employees or potential employees regardless of race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, mental or physical handicap or disability. WHEREAS, an Affirmative Action Task Force has drafted an Affirmative Action Policy, which Policy should be approved and adopted as an official statement of City Policy. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Affirmative Action Policy should be and is hereby approved and officially adopted by the City of Iowa City. It was moved by Erdahl and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: Passed and approved this NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera 13th day of January , 1981. AY OR ATTEST: CITY CLERK Received & Approved By TheLegal De anment R CITY OF IOWA CITY AFFIRMATIVE ACTION POLICY January 12, 1981 e Page I Introduction . . . . . . . . . . . . . . . . . 1 II Policy Statement and Program Guidelines. . . . . 1 III Responsibility . . . . . . . . . . . . . . . . . 2 City Council . . . . . . . . . . . . . . . . . 2 City Manager . . . . . . . . . . . . . . . . . 2 Human Relations Director . . . . . . . . . . . . 3 Department Heads . . . . . . . . . . . . . . . . 4 IV Dissemination . . . . . . . . . . . . . . . . . 4 V Goals and Timetables . . . . . . . . . . . . . . 5 VI Grievance Procedure . . . . . . . . . . . . . . 7 January 12, 1981 e I. INTRODUCTION Equal employment opportunity is the law of the land. It is mandated by the Fourteenth Amendment to the Constitution of the United States, various state constitutions, federal, state and local statutes, presidential and gubernatorial executive orders, federal and state administrative regulations, and an ever growing body of court decisions. The cumulative purpose of these authorities is two -fold: first, to guarantee that persons have genuine and equal access to available job opportunities, limited only by their individual merit and fitness to perform the work required; and second, to prevent, eliminate, and remedy discrimination in all aspects of employment based on race, -creed, color, religion, sex, national origin, age, physical or mental handicap or disability, marital status, sexual orientation or other non -merit factors. Public employers, because of their unique status and obligations, are expected to take a lead role in assuring that these objectives are addressed and met. There is ample evidence demonstrating the inadequacy of relying merely on a statement of a non-discrimination policy. Accomplishment depends on positive efforts properly planned and executed. Therefore, the City of Iowa City has adopted the following Affirmative Action Policy and program guidelines in order to affirm our commitment to the goals of equal opportunity and affirmative action and to aggressively and systematically address and implement our responsibility. The City of Iowa City shall also encourage positive affirmative action efforts from vendors, contractors, consultants and firms with which the City does business. A contract compliance policy shall be developed and adopted no later than six (6) months from adoption of this Affirmative Action Policy. II. POLICY STATEMENT AND PROGRAM GUIDELINES The City of Iowa City, through adoption of this Affirmative Action Policy, affirms its commitment to the provision of equal employment opportunities for all employees or potential employees of the City 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 performance. In addition to impartial judgment in hiring and promotion, this Affirmative Action Policy shall also extend into the areas of firing, demotion, wages, fringe benefits, classifying, referring, and assigning employees, extending, or assigning facilities, training, or apprenticeships, as well as any other terms, conditions or privileges of employment. (1) This Policy will be implemented by an Affirmative Action Program, which will encompass the following areas: 1. Dissemination of policy, internally and externally. 2. Assignment of responsibility for implementation. 3. Aggressive identification and recruitment of underrepresented classes. 4. Employment policies and procedures that ensure non-discriminatory effects. 5. Attainment of goals and objectives with appropriate timetables. 6. Job evaluation and hiring criteria to reflect actual job needs. 7. Utilization analysis of protected categories of the City of Iowa City including: placement, training, promotions, salary levels, and attrition rates. 8. Establishment of measurable and attainable hiring and promotional goals in each area of underutilization. 9. Orientation of staff, elected officials and members of boards and commissions to include education, sensitization and accountability. 10. Performance monitoring of Affirmative Action Program. III. RESPONSIBILITY It is the responsibility of the City of Iowa City to produce an environment in which a program of equal opportunity and affirmative action can be achieved, and in so doing to eliminate artificial barriers to equal employment opportunities within the personnel system of the City. City Council The City Council has the following responsibilities: To adopt the Affirmative Action Policy. To provide sufficient resources for the development and implementation of the Affirmative Action plan and program. To evaluate all Council decisions in terms of their impact on affirmative action objectives. To ensure that the City Manager, Boards and Commissions of the City understand that continued evaluation of performance will include emphasis on their affirmative actions and results. City Manager The City Manager, as the highest administrative official within the City, has overall responsibility for the implementation of this Affirmative Action Policy. The City Manager shall guide and support the efforts of the Human Relations Director in order to achieve a viable affirmative action plan and program. (2) / l0 Human Relations Director The implementation of the Affirmative Action Policy through the development of an affirmative action plan and program is the responsibility of the Human Relations Director. A further responsibility is the monitoring of the program on a daily basis by the Director, department staff and/or any other employees so designated by the Director. Responsibilities of the Human Relations Director include, but are not limited to; the following: -l.. General direction, coordination and assignment of responsibility for the day-to-day operation and implementation of programs established under the affirmative action plan. 2. Assisting department heads and other personnel in meeting their responsibilities under the plan. 3. Implementing specific auditing and reporting systems that will a. Measure effectiveness of the City's program on a quarterly basis and determine the degree to which goals and objectives have been attained; b. Indicate need for remedial action and take steps to generate required action. 11 12 Ensuring that all employment policies and practices of the City are administered without regard to race, creed, color, sex, ancestry, religion, age, sexual orientation, marital status, physical or mental handicap or disability, except where age, sex or physical ability constitute a bona fide occupational qualification necessary for job performance. Reviewing qualifications of all positions and employees on a continuing basis to ensure that minority, female and other protected employees are given full employment opportunities. Reviewing job qualifications on a continuing basis to ensure that minority, female and other protected employees are given full employment opportunities. Ensuring that all employees are provided with opportunity for in- house counseling regarding their career development. Serving as liaison between the City and review agencies. Serving as liaison between the City and all protected classes. Developing a procedure for accepting and ensuring a thorough and timely review of all complaints regarding alleged discrimination, harassment or unfair treatment in the areas under the purview of the affirmative action plan. Ensuring that management employees understand that a continuing evaluation of their work performance will include emphasis on their affirmative action efforts and results. Keeping management informed of the latest developments in the entire equal employment opportunity area. (3) / artment Heads It is the responsibility of each department head to ensure that affirmative action is a reality and that affirmative action objectives are being met in their departments. An employee within each department may be designated to serve as the equal opportunity and affirmative action representative, fulfilling any of the duties listed below. However, the department head is ultimately responsible for the successful implementation of the program within his or her department. Responsibilities include, but are not limited to, the following: -1.. Giving assistance to the Human Relations Director in the establishment of appropriate goals and timetables in their department. 2. Regularly auditing employment policies and procedures in their department, identifying problems and implementing appropriate action to remove impediments which stand in the way of meeting goals and timetables. 3. Conducting discussions at least quarterly with all employees concerning the affirmative action program, in order to ensure that policies and procedures are understood and are being implemented. 4. Answering employees' questions regarding affirmative action. 5. Facilitating the resolution of employee complaints as outlined in the complaint procedures herein. IV. DISSEMINATION In order to assure a viable affirmative action program, an active dissemination program must be pursued. This, should consist of a two- fold procedure. A. Internal; i.e., notification of all City employees; and B. External; i.e., notification of the general public with particular emphasis on: 1) potential employees; 2) recruitment sources; 3) vendors, subcontractors, consultants and firms with which the City does business; 4) unions and professional organizations. These groups will be kept informed of the City's policy in writing, through personal contact and a variety of other appropriate means. Dissemination shall be accomplished by, but not limited to, the following means: 1. A copy of this Policy shall be distributed to all City employees. This should be done at the time of hiring, with the exception of current City employees who shall be given a copy forthwith. 2. All orientation programs must include a discussion of this Policy, and all personnel training programs must be sensitive to affirmative action issues and concerns. 3. Where appropriate, the City will distribute information through internal communication and all available news media (4) G about affirmative action programs, progress reports, hiring and promotion of minority, female and other protected employees. 4. Each department head will regularly explain how employees can avail themselves of the program and shall provide a forum for such discussion. 5. The City's equal employment opportunity policy and current Equal Employment Opportunity Commission posters shall be clearly posted on' City bulletin boards. 6. A copy of the Affirmative Action Policy and programs will be maintained in every department and will be available to all employees. 7. Department heads will be kept apprised of the current local, state and federal equal employment laws and affirmative action regulations. V. ESTABLISHMENT OF GOALS AND TIMETABLES A. Initial citv-wide and departmental evaluations. "Minorities" as used herein shall include all affected and/or under -represented groups which constitute protected classes for purposes of affirmative action. Within six weeks after adoption of this Affirmative Action Policy by the City Council, the Director of Human Relations will prepare and issue to the City Manager and the City Council, and to all department heads, an Affirmative Action Report which contains the following: 1. Representation of minorities and females in City positions by job category as compared to representation of whites and males in the same categories. 2. Comparison of minorities and females employed by the City by salary level as compared to whites and males. 3. Number of minorities and females in City positions as compared to their representation in Iowa City/Johnson County population and to the Iowa City/Johnson County labor force or, where appropriate, the regional or national labor market. 4. Unemployment rates for minorities and females in Iowa City/Johnson County labor market as compared to the rate for whites and males. 5. Number of minorities and females in City positions by occupation, as compared to their general representation in these occupational groups. 6. An analysis of turnover rates of minorities, females and other affected and/or under -represented groups compared with the turnover rates of whites and males. During the month following the receipt of the above Report, each department head shall review the Report and, in particular, the analysis of minority, female, affected and/or other under- represented group utilization within his or her respective department. (5) Within one month following the issuance of the Report, the Director of Human Relations shall coordinate planning sessions with each department head for the purpose of identifying major areas of equal opportunity concerns and establishing specific objectives, goals, and timetables for the Affirmative Action Plan. Such objectives, goals and timetables, when identified and formalized with their respective procedures, shall be presented to the City Manager for review and approval within one month. B. On-going progress reports. By October 1 of each subsequent fiscal year, the Human Relations Director shall prepare and issue an Affirmative Action Status Report, which report shall contain the following: 1. Representation of minorities and females in City positions by job category as compared to representation of whites and males in those same categories. 2. Annual salaries of minorities and females employed by the City by salary levels, as compared to whites and males. 3. Number of minorities and females in City positions as compared to their representation in Iowa City/Johnson County population and to the Iowa City/Johnson County labor force. 4. Unemployment rates for minorities and females in Iowa City/Johnson County labor market as compared to unemployment rates for whites and males. 5. Number of minorities and females in City positions by occupation as compared to their general representation in these occupational groups. 6. Analysis of turnover rates of minorities, females, or affected and/or under -represented groups as compared with the turnover rates of whites and males. Each Annual Report will also contain the following performance assessments: 1. Applicant flow by race, sex, source of applicant and job applied for. 2. Transfers, promotions, demotions, hires, discharges, training opportunities and other conditions of employment by race, sex and job category as specified by the Human Relations Director. By November 1 of each year, or no later than one month after the first Annual Report, each department head shall review the Affirmative Action Status Report with appropriate personnel in their own department, and shall proceed to analyze their department's position in relation to the Report. By December 1, each department head shall meet with the appropriate Human Relations representative for the purposes of assessing attainment of last year's departmental goals as a guide for the future, and setting departmental affirmative action goals for the next fiscal year. (6) By January 1 of each year, the City Manager shall review and approve all goals for the up -coming fiscal year and shall make an Annual Report to the City Council on progress made on the City's annual and long-term affirmative action goals, with observations on budget implications. The Human Relations Department shall issue quarterly reports on progress in the attainment of fiscal year affirmative action goals. VI. GRIEVANCE PROCEDURE -The following procedure is available for grievances filed pursuant to the Affirmative Action Policy herein and subsequent Plan adopted. A. Grievance defined A grievance within the meaning of these rules is a dispute between the City and a particular employee or group of employees over an interpretation or application of the rules or procedures promulgated by the City. Any employee of the City of Iowa City alleging a violation of his or her civil rights may at his or her option request a hearing before the City-wide Grievance Committee. This option shall not preclude SIMULTANEOUS filing of a complaint or an action under local, state or federal law. The Human Relations Department shall provide the employee with the proper officials and/or addresses for proper filing of a local, state or federal complaint, together with a list of remedies and filing timelines. Under the City ordinance as currently interpreted, local complaints may not be lodged by City employees before the Iowa City Human Rights Commission. Nothing herein shall be construed to interfere with City employees' rights under civil service. Any matter which is the subject of a Union grievance shall not be the subject of a grievance herein. B. Grievance procedure For purposes of calculating time periods, "working days" shall not include days when either party to the grievance is absent. Parties may also agree to extend time periods. 1. Step 1 The grievance shall be presented in writing by the grievant to the grievant's immediate supervisor within ten (10) working days of the event giving rise to the grievance. The supervisor shall deliver a response to the grievant within five (5) working days of receipt of said grievance. If no (7) response is received, the grievance will be deemed to proceed to Step 2, unless otherwise satisfactorily resolved. Department heads and employees reporting to the City Manager shall proceed immediately to Step 3 of the Grievance Procedure. Any resolution of grievance between the City and the grievant at Step 1 of the grievance procedure shall be considered as non -precedent setting. 2. Step 2 If the grievance is not resolved at Step 1, the grievant shall, within five (5) working days, present a written copy of the grievance, signed by the grievant, to the department director and to the Human Relations Department. The grievance shall contain a statement of the facts and the sections of the rules or provisions violated, and shall state what remedy or relief is desired. Parties may mutually agree to extend time periods. The Department Director, one Human Relations staff person, and the grievant will meet within ten (10) working days of receipt of a Step 2 grievance in an attempt to resolve the grievance. The Department Director will respond in writing to the grievant within five (5) working days after such meeting. 3. Step 3 A grievance not resolved by Step 2 shall be submitted to the City Manager or his or her designee within ten (10) working days of the receipt of the Step 2 response. The City Manager will respond in writing within ten (10) working days. The grievant may request a meeting with the City Manager before a decision is rendered. 4. Step 4 A grievance not resolved in Step 3 shall, at the option of the grievant, be submitted to the City-wide Grievance Committee. The Grievance Committee, at a time mutually convenient to the grievant and Committee members, shall receive oral and written testimony, evidence relating to the grievance being heard, question witnesses, receive reports, conduct itself as a full hearing board and protect appropriate due process rights of all parties to the grievance. Within ten (10) working days of the conclusion of such hearing, the Grievance Committee shall issue a written decision, sustaining, modifying or revoking the grievance in whole or in part, and specifying the relief to be granted the grievant. (8) Pa E 3 Such grievance procedure shall be non-binding and shall in no way be construed to limit, affect or diminish the employee's right to pursue any and all state, local and/or federal remedies, whether statutory, administrative or constitutional. de Grievance Committee Strurturp The City-wide Grievance Committee shall consist of three voting members, with the Director of Human Relations sitting as Chair and ex -officio, non-voting member. The City Manager will appoint one member. The grievant shall appoint one member. The first two members appointed, as above, shall appoint the third member. All members of said Committee shall be current City employees. Voting on Decisions Arising from Hearings Majority vote (two out of three members) must be noted in written ballot to sustain Committee decisions arising from grievances. Procedure Before Committee - Steo 4 The written grievance shall state the following Grievant's name Department and Division Job Classification Statement of Grievance Summarization of Previous Steps in Grievance Relief or Resolution Sought by Grievant Signature of Grievant A copy of the written decisions and all prior grievance steps must be attached and become part of the record. The grievant may obtain representation or legal counsel for such hearing, provided that said counsel be at grievant's own expense. The Chairperson of the City-wide Grievance Committee shall preside at the hearing. A hearing before the Committee shall not be open to the public unless a public hearing is requested by the grievant. Hearings shall be informal, and technical rules of evidence shall not apply. All due process rights of parties to a grievance hearing shall be protected. (9) R All individuals, except witnesses concerned with the grievance, may appear in person or may designate a represen- tative to appear in their behalf and present the appropriate position. Witnesses must appear in person. The City-wide Grievance Committee shall have the power to - request witnesses. If witnesses are not requested, a decision may be given on the basis of information available. If no decision can be given without additional information or witnesses, the hearing shall be recessed for up to three working days. When the necessary witnesses or information is available the parties involved will be notified and the information or witnesses obtained in a scheduled continuation of the hearing. Oral testimony, facts, documents or other materials presented in hearings must be relevant to the original incident which gave rise to the grievance. Any evidence, testimony, documents or materials that do not meet this criteria may be excluded upon decision of the Chair with majority vote of members of the Committee. The Committee shall not consider any materials beyond those presented orally or in writing. The Committee will make no assumptions of guilt or innocence of any party to the grievance, but will be guided solely in the decision by the facts presented at the hearing; and decisions will be determined from all the evidence presented on the record as a whole. The results of the hearing will be given in writing to all parties involved, to the City Manager and to the affected department and division heads. Any action taken by the City-wide Grievance Committee shall be considered a class action, and no punitive recourse shall be taken by supervisors, department or division heads. THERE WILL BE NO RETALIATION FOR FILING A GRIEVANCE; and any such retaliation may be the subject for grievance hereunder. (10) Lei AFFIRMATIVE ACTION TASK FORCE RECOMMENDATIONS TO CITY COUNCIL One-time Review of Plan: The Affirmative Action Task Force shall be reconstituted for a one- time review of the Affirmative Action Plan, such review to be carried out no later than eighteen (18) months after the City Council's adoption of the Affirmative Action Policy. The Task Force shall review said Plan as it relates to the intent of the Policy, and shall submit a Report to the City Manager pursuant to x such review. Human Riahts Ordinance: The Iowa City Human Rights Ordinance shall be amended to allow City employees the option of filing a complaint before the local Human Rights Commission; or alternatively, that said Ordinance be clarified so that City employees are not misled as to unavailability of filing with the local Commission. Recruitment Funds: In order to provide for the increased expenses of recruitment, which will include advertisement in minority publications and journals and outreach efforts made by staff, it is recommended that a special recruitment fund be created for use by all City departments. The fund will be administered by the Human Relations Department, and will assure that efforts are made above and beyond traditional employment procedures. E 6;4CA& GCJL//x.C.C/ RESOLUTION NO. 81-5 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY FOR THE OPERATION OF THE IOWA CITY SENIOR CENTER. WHEREAS, the City of Iowa City will be operating and monitoring a Senior Center for the benefit of elderly residents of Johnson County; and WHEREAS, the City and Johnson County find it in their mutual interest for joint support of the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, THAT: 1. The Mayor is hereby authorized to execute and the Clerk to attest the 28E Agreement with Johnson County, attached hereto and incorporated herein by reference. 2. Upon execution the Clerk is directed to file the Agreement with the Iowa Secretary of State and the Johnson County Recorder's Office. It was moved by Vevera and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 13th Cday oof�f Jan. 1981. ATTEST: (71,zn1 CITY CLERK �1 RyLp�cEz) 9kb S 70. I— AGREEMENT FOR SENIOR CENTER OPERATION This agreement, made and entered into this day of 1981, by and between the City of Iowa City and Johnson County. Whereas, Chapter 28E of the 1979 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 a multi-purpose Senior Center by residents of Iowa City and Johnson County. Now, therefore, it is hereby agreed by and between the City of Iowa City and Johnson County, as follows: I. SCOPE OF SERVICES The City of Inwa City shall provide 22,430 square feet of space in the old federal post office on the corner of Linn and Washington Streets for a co -location of services and activities for the elderly. Staffing, funding and policy for the operation of the facility shall be based on recommendations by the Senior Center Commission to the City Council which shall make the final decision. It is agreed that the elderly residents of Johnson County will be entitled to the same level of service as residents of Iowa City. II. DURATION: The terms of this agreement shall commence July 1, 1981 and shall be extended automatically on an annual basis unless 60 days notice to the contrary is given by either party. III. TERMINATION: This agreement may be terminated upon 60 days written notice by either party. IV. COMPENSATION: Johnson County agrees to pay 20 percent of the operational costs of the Senior Center as determined by the budget approved by the City Council of Iowa City. These payments shall occur quarterly commencing on the first day of July 1981. In the event this agreement is terminated by either party before the expiration of the one year period of duration, the County shall receive a pro rata refund of said payment. Iowa City agrees to maintain records of said operational expenses according to mutually acceptable auditing procedures and further agrees to make said records available for auditing and inspection during business hours, upon reasonable notice by the County. Clu 7 I— i W V. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA BY: — BY: ayor Chairman, Board of Supery sors ATTEST: My LlerK ATTEST: County Clerk P'f:TtEOfIVF9 ?E 1PPAOYEU ffi. � 7.EC17: DEPdATIL7iTl jol 1 /t/_✓ �Il< RESOLUTION NO. 81-6 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED PERMANENT POSITIONS IN THE STREETS -SANITATION DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, Resolution #80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 authorizes all permanent positions, and, WHEREAS, it has been necessary to assign a temporary Maintenance Worker I to duties comparable to those of a permanent position, and, WHEREAS, the amendment to the authorized permanent position will not require additional funding in the Fiscal Year 1981 Operating Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That total authorized permanent positions in the Streets/Sanitation Division of the Public Works Department be amended by: 1. The addition of one full-time Maintenance Worker I position. 2. A reduction in the temporary personnel budget equivalent to one 40 -hour position. It was moved by Roberts and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of January 1981. YOR ATTEST: 41t i // ; RESOLUTION NO. 81-7 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED PERMANENT POSITIONS IN THE PLANNING AND PROGRAM DEVELOPMENT DEPARTMENT. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for Fiscal Year 1981 authorizes all permanent positions, and, WHEREAS, the City Council at the informal meeting of April 7, 1980, gave informal approval for the authorization of permanent staff support to the Riverfront Commission, and WHEREAS, the amendment to the authorized permanent positions will not require additional funding in the Fiscal Year 1981 Operating Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT total authorized permanent positions in the Planning and Program Development Department be amended by: 1. The addition of a one-fourth time Planner Program Analyst I position. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl X Lynch x Neuhauser X Perret X Roberts x Vevera Passed and approved this 13th day of Jan. 1981. AYOR� ATTEST: CITY CLERK i?c^OrIVED & APPROVED BY TLE LEGAL DFKRT11EIIT /C�v 14-c� RESOLUTION NO. 81-8 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL 13)OWNED BY ALBERT AND WILFREDA HIERONYMUS WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for Federal funds under the Community Develop- ment Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, the real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase I of said project; and WHEREAS, the City Council did approve Resolution No. 80-350 establishing just compensation for real property acquisition for Parcel No. 13 owned by Albert and Wilfreda Hieronymus in the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, in order to acquire said real property, the City desires to enter into contract for the purchase of the real property referred to below with the owners of said real property, which represents a negotiated settlement in lieu of con- demnation . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the City Manager is hereby authorized to sign and the City Clerk to attest the con- tract for the purchase of the real property referred to below for the amount designated below: Parcel No. 13 Purchase Price It was moved by Neuhauser and seconded by Resolution be adopted, and upon roll call there were: AYES Passed and approved this NAYS: ABSENT: 13th ATTEST_ MY rI FRK $42,000 Vevera the Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera day of January 1981 i.z City of Iowa City MEMORANDUM DATE: January 8, 1981 TO: City Council FROM: tinda N. Woito, Assistant City Attorney RE: Acquisition of Property (Parcel #13) in the Lower Ralston Creek Neighborhood Parcel #13 of the Lower Ralston Creek Neighborhood Revitalization Project, owned by Albert and Wilfreda Hieronymus was appraised in May, 1980 at $39,000. After a series of negotiations, Mr. and Mrs. Hieronymus have agreed to settle at $42,000. After reviewing the appraisal of this property, and taking into consid- eration the rental income value, City staff recommends that this offer be accepted. /3 W W M W O J mom ulu u BENTON BENTONY STREET �v�; P •6 KIRKWOOD I I B YL so -N 11 LEGEND ACQUISITION MAP ® PROPERTY TO BE ACQUIRED (parccl # — PROJTCT BOUNDARY ' t STREET CLOSED TO TRAFFIC %Vllll VACATED STREETS 00 BLOCK NUMBER .• PARCEL NUMBER lk-CITY OF IOWA CITY ' ' SCALE I •r�.si+•�� Bd REVISED. RESOLUTION NO. 81-9 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AT CERTIFICATE OF COMPLETION TO FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF IOWA CITY, AND FURTHER CERTIFYING THAT THE REDEVELOPER'S MORTGAGE Is AN AUTHORIZED LOAN PURSUANT TO THE TERMS OF THE CONTRACT FOR SALE OF LAND. WHEREAS, the City of Iowa City, Iowa, entered into a contract for Sale of Land for Private Redevelopment with First Federal Savings and Loan Association of Iowa City, on November 23, 1977, for the following described property: All of Lot 4, Block 102, and the South 28 feet of Lot 3, Block 102, Iowa City, Johnson County, according to the recorded plat thereof. WHEREAS, the improvements located on the above-described property called for in said Contract have been completed, and WHEREAS, the Director of Housing and Inspection Services of the City of Iowa City has certified that said improvements have been installed in a satisfactory manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest the attached Certificate of Completion, which is hereby made a part hereof. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 13thday of January , 1981. \.MAYOR ATTEST: CITY CLERK Received & Approved 9yLegal repartmei /S CERTIFICATE OF COMPLETION Pursuant to Section 305 of the Contract for Sale of Land for Private Redevelopment by and between First Federal Savings and Loan Association of Iowa City, and the City of Iowa City, Iowa, dated November 23, 1977, the City hereby certifies that it has caused the following described property to be inspected, on November 19, 1980, to -wit: All of Lot 4, Block 102 and the South 28 feet of Lot 3, Block 102, Iowa City, Johnson County, according to the recorded plat thereof. The improvements located on the above-described property called for in said Contract (except for leasehold improvements) have been completed. This Certificate shall serve as conclusive determination of satisfaction and termination of the agreements and covenants in the Contract and in the deed with respect to the obligations of the redeveloper, its successors, and its assigns, to construct the improvements and the dates for beginning and completion thereof. Nothing contained herein shall be construed a waiver of any codes or ordinances of the City, or any other lawful rules and regulations. The City of Iowa City further certifies that the loan in the principal sum of $860,000 to the Redeveloper, First Federal Savings and Loan Association of Iowa City from Banco Mortgage Company, secured by a real estate mortgage dated March 28, 1980, recorded April 11, 1980 in book 285, page 81 of Johnson County, Iowa records, is an authorized loan pursuant to the terms of the contract for Sale of Land for Private Redevelopment. Dated this 14thday of January, 1981. \ John R. Balmer, May r ATTEST: Abbie Stolfus, City Clerk 3Y.J�l� Wk�:trll L%,=Kt7.!�Cii�. �L RESOLUTION NO. 81-10 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 Class "B" Beer Permit or liquor control license, to wit: Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington It was moved by Lynch and seconded by Perret that the Resolution as read e a opted, and upon roll--c-a=t-Se—re were: AYES: NAYS: ABSENT: Balmer x Ln ch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 27th day of January , 19 j1L. Attest: j ,J�(. ffi�n� Ee?44. City�r ck � 17 /e"_1 RESOLUTION NO. 81-11 RESOLUTION EXTENDING THE LIFE OF THE GOVERNOR LUCAS SQUARE COMMISSION FOR A PERIOD OF SIX MONTHS. WHEREAS, the City Council of the City of Iowa City, Iowa, adopted Resolution No. 78-34 on February 7, 1978, establishing the Governor Lucas Square Commission; and WHEREAS, the purpose of the Commission is to manage and direct the spending of private monies contributed to the Governor Lucas Square Fund for the development of a focal point in the downtown urban renewal area; and WHEREAS, Resolution No. 78-34 provided for the dissolution of the Commis- sion on February 7, 1981; and WHEREAS, the Commission has yet to conclude final expenditures associated with Governor Lucas Square. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the life of the Governor Lucas Square Commission be extended for a period of six months beyond February 7, 1981. 2. That during this period the Commission shall complete the purchase and installation of a plaque dedicating Governor Lucas Square, conclude remaining financial matters, observe and supervise the start-up of the fountain in Spring, 1981, and deal with any remaining issues concerning Governor Lucas Square. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 27th day of January 1981. y Z' __ � M -- M YOR ATTEST: I,,, �,- n''1 Lr /"'x' CITY CLERK t Received & Approved By Ye Legal Depr:me } M RESOLUTION NO. 81-12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH C&C INVESTMENTS, AND AUTHORIZING THE CONVEYANCE TO C&C INVESTMENTS OF A PORTION OF VACATED SAND LAKE DRIVE. WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 80-2990 on March 18, 1980 vacating Sand Lake Drive; and WHEREAS, the City Council proposes to convey to Dave Clark and Dave Cahill, dba C&C Investments, the south 157.70 feet of vacated Sand Lake Drive; and WHEREAS, the proposed conveyance will be subject to the following terms 1. The City will be relieved of the obligation to construct two driveways across the vacated Sand Lake Drive to provide access from the property owned by C&C Investments to the new South Gilbert Street. 2. C&C Investments shall accept only one point of access onto the new South Gilbert Street and shall assume the obligation to construct one driveway across the vacated Sand Lake Drive. 3. The City shall retain a utility easement over all but the east 15 feet of the property to be conveyed; and WHEREAS, a public hearing on this proposal was held on January 13, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor is authorized to sign and the City Clerk to attest an Agreement with Dave Clark and Dave Cahill, dba C&C Investments, which Agreement is attached hereto as Exhibit A and is hereby incorporated by reference. 2. That, pursuant to the terms of said Agreement, the Mayor and City Clerk are hereby authorized to convey the property described in Exhibit A (a portion of vacated Sand Lake Drive) to Dave Clark and Dave Cahill, dba C&C Investments. 17 It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this27th day of January , 1981. MAYOR ATT EST:�2� - - CITY CLERK I Received F 5.,, artmedt VBY the le0z" DSP a 07 0Z 0 FX,,,,.;T A AGREEMENT THIS AGREEMENT, made and entered into this 57 day o � uz4 uy , 1980, by and between the City of Iowa City,A municipal corpora ion, hereinafter referred to as "CITY", and Dave Clark and Dave Cahill, dba C&C Investments, hereinafter referred to as "C&C". WHEREAS, the City has adopted Ordinance No. 80-2990, vacating Sand Lake Drive; and WHEREAS, C&C have an interest in real property located adjacent to a portion of the vacated Sand Lake Drive; and WHEREAS, the original construction plans for the South Gilbert Street Improvement Project provided that the City would construct two driveways across a portion of vacated Sand Lake Drive to connect C&C's real property to the new South Gilbert Street; and WHEREAS, C&C desires to acquire title to a portion of the vacated Sand Lake Drive. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. CITY agrees to convey to C&C a portion of the vacated Sand Lake Drive, which real property is more particularly described as follows: Beginning at the NW corner of Lot 13 Sand Lake Addition to the City of Iowa City, Iowa; Thence S00037'11"W, 157.70 feet; Thence N89°22'49"W, 50.00 feet; Thence N00°37'11"E, 157.70 feet; Thence S89°22'49"E, 50.00 feet, to the Point - of -Beginning. Said tract contains 7885 square feet more or less. See Exhibit A attached hereto. 2. CITY and C&C agree that said conveyance shall be made in accordance with, and only upon completion of, the procedures set forth in Chapter 364, Code of Iowa 1979. 3. CITY and C&C agree that said conveyance shall be subject to the CITY retaining and C&C granting a permanent easement over the entire tract described above, except the east 15 feet thereof, for purposes of a utility easement. 4. CITY agrees to convey said real property to C&C not later than March 1, 1981. 5. CITY agrees to provide C&C with an Abstract of Title for said real property, at no cost to C&C. 6. In consideration of the above conveyance, C&C agrees to the following: (a) C&C shall waive any right of future access from Lot 13 of Sand Lake Addition to the new South Gilbert Street which is south of the existing point of access from said Lot 13 to the vacated Sand Lake Drive. (b) C&C shall construct a new driveway to South Gilbert Street across the real property conveyed by the CITY to C&C, with said driveway to be an extension of the existing point of access from said Lot 13 to the vacated Sand Lake Drive. C&C shall also construct a new driveway to Stevens Drive at the western edge of the existing parking lot on Lot 13 of Sand Lake Addition. Both of said driveways shall be constructed in accordance with the specifications for the South Gilbert Street Improvement Project, and shall be completed not later than June 30, 1981. ai 7. CITY agrees to construct the driveway approach to connect C&C's new driveway (described in paragraph 6(b)) with South Gilbert Street, and CITY agrees to construct a new driveway approach onto Stevens Drive at the western edge of C&C's existing parking lot, located on Lot 13 of Sand Lake Addition. Both driveway approaches described herein have been constructed as part of the South Gilbert Street Improvement Project. THIS AGREEMENT shall be binding the parties hereto; provided that no written consent of all parties hereto. upon the successors and assigns of assignment shall be made without the THE UNDERSIGNED DO HEREBY STATE that this Agreement is executed in duplicate, as though each were an original; and further state that there are no oral agreements that have not been reduced to writing in this instrument. CITY OF IOWA CITY: ATTEST: DAVE CLARK AND DAVE CAHILL, DBA C&C INVESTMENTS: 2:�Z DAVE CLARK ACKNOWLEDGEMENT: STATE OF IOWA DAVE CAHILL SS: COUNTY OF JOHNSON ) On this /% day of <1y_ 1980, Notary Public in and for the State Iowa, appeared Dave Clark and Dave Cahill, to m persons named in and who executed th ack fledged that y executed same as their Rlrf ( _¢ Notary Public before me, the undersigned, a County of Johnson, personally e known to be the identical e foregoing instrument and voluntary act and deed. M commission expires Notary Public in the State of Iowa. YP nn„ r,,.,,mi ., c..., .,, Sept 30 1482 Re6ei&1 APPS° t� a �/ BY t let a,2 ► I aa- EXHIBIT A INT Of BEGINNING CHISELED HOLE IN COR Of DRIVE DESCRIPTION Of TRACT Beginning at the NW corner of Lot 1.1 Sand Lake Addition to the City of Iow■ City, Iowa= Thence SOD'37111"W, 157.70 feet; Thence N89027149"W, 50.00 festa Thence N00037111"E, 157.7n feet; Thence 589077'49"E, 50.00 feet. to the Point—of—Beginning. Said tract contains 78H5 sr)uara fast more or less. Also subject to a utility casement over the ontire tract except the East 15 feat thereof. 1 herebf certify that this survey was made under my direct personal supervision and -hat I :,n. a duly,registerd Land Surveyor under the lewa of the State of Iowa. SIGNED:C'�� n OATE1 ��%` 2�f i9 sin Subscribed and sworn befor me this (. day of P , 1980. n Gary PtbTrc. ]ohneon dounty. Iowa LARRY R. SCH HITTJER MY COMMISSION EXPIRES S.phmbu 30, 1901 1 J3 RESOLUTION K0. 81-13 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT 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. WHEREAS, Chapter 28E of the 1979 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 transportation by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights that: 1. The Mayor is hereby authorized to sign and the City Clerk to attest an agreement between the City of Iowa City and the City of University Heights, a copy of which agreement is attached to this Resolution and made a part hereof. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest this Resolution. It was moved by Perret and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl x Lynch X Neuhauser x Perret x Roberts X Vevera Passed and approved this 27th day of Jan. 1981. MAYOR ATTEST: - P.�. - CITY CLERK -"�Crrm T iPPROV0 Ily TJIE IXGAL DEP TWENT .VT 7^- AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT, made and entered into this .;'� a day of c ��cc2�c�, —1980; by and between the City of Iowa City and the City of University Heights, municipal corporations. " WHEREAS, Chapter 28E of the 1979 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 transportation by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: I. Scope of Services: The City of Iowa City shall provide public transit service to the City of University Heights. It is hereby agreed that Iowa City shall determine the, scheduling of buses, the routes and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of service as residents of Iowa City who are served by the same routes. II. Duration: The term of this agreement shall commence September 12, 1980 and shall continue through June 30, 1981. III. Termination: This agreement may be terminated upon thirty days written notice by either party. IV. Compensation: The City of University Heights agrees to pay $13,719 for the provision of public transit service as herein described upon the signing of this agreement. In the event this agreement is terminated by either municipality before the expiration of the one year period of duration, the City of University Heights shall receive a prorata refund of said payment. V. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA CITY OF UNIVERSITY HEIGHTS, IOWA BY: _ _ BY: L PiWy MAYOR M�A/Y�OR �/JJ /] ATTEST: z s� _ Tia U �/,—, ATTEST: �_ G!< /f"c .' 'ko CITY CLERK CITY CLERK RECEIVED & APPROVED BY T 1 7-PMENT ds No.17_ $ 22.180.49 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA. CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Parkview-_ of Iowa Cit Iowa its successors or assigns, the sum o£— 22,180.49 wit interest thereon at the rate of seven percent. (7B) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 15 , 19 79 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 19th day Of January---- -- --' 19 81 . (SEAL) /e TY OF IOWA CITY, IOWA ,, ATTEST: Mayor LZ Clerk This instrument presented and not paid for want of funcls this day of (� _ 19 F/ . Cit Treas rer AHLERY, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERY. DEB MOINEO, IOWA =2 ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby -assigned to in consideration of receipt by the undersig— fined from said assignee of the sum of $ Dated this day of 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLCRS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEB MOINES. IOWA --9' Council Member Roberts _ introduced the following Resolution entitled�RESOLUTfON DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member evera seconded the motion to adopt. The roll was called a- ncT the vote was, AYES: Perret, Roberts, Vevera, Balmer, Lynch, Erdahl, Neuhauser NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 81-14 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: E El -2- AHLERB, COONEY. DORWEILER. HAYNIE & SMITH, LAWYER/, DE/ MOINES, IOWA /X/ V and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. 17 TO Parkview -3- DATE AMOUNT 01-19-81 $22,180.49 AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA 0? 7 PASSED AND APPROVED, this 27th day oC January ATTEST: (SEAL) -4- AHLERS. GOONEY. DORWEILER. HAYNIE A SMITH. LAWYLRs. DEe MOINE{. IOWA 30 ic&4� RESOLUTION NO. 81-15 A RESOLUTION TO CONSIDER PROPOSAL TO CONVEY VACATED LINN STREET RIGHT-OF-WAY LOCATED AT 805 SOUTH GILBERT STREET, TO SET A PUBLIC HEARING AND TO AUTHORIZE CITY CLERK TO PUBLISH NOTICE OF HEARING TO CONSIDER SAID CONVEYANCE. WHEREAS, it is in the best interest of the City of Iowa City to construct certain improvements to Lower Ralston Creek in Iowa City, Iowa; and WHEREAS, said improvements require the relocation of a certain property owner; and WHEREAS, City staff have been unable to locate a comparable property for relocation purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That the Council consider a proposal to convey to Philip C. Cary, for $32,000, that portion of vacated Linn Street right-of-way legally described as: "Commencing at the Northwest corner of Block 28, County Seat Addition to Iowa City, Iowa, as recorded in Deed Books 1 and 2, page 301, of the Records of the Johnson County Recorder's office; thence South 89051'40" East, along the North line of said Block 28 to the Northeast corner of Lot 1, of said Block 28, which is the Point - of -Beginning; thence South 89°51'40" East, 131.78 feet along the North line of Lot 1, Block 29, of said County Seat Addition, to the Westerly right-of-way line of Gilbert Street; thence South 15°43'12" West, 165.98 feet along said Westerly right-of- way line to the South line of Lot 2, Block 29, of said County Seat Addition; thence North 89°51'13" West, 86.81 feet along said South line to the Southeast Corner of Lot 2, Block 28, of said County Seat Addition; in accordance with Ordinance of Vacation recorded in Miscellaneous Book 390, page 176 of the Records of the Johnson County Recorder's office; thence North, 159.87 feet along the East line of Block 28 to the Point -of - Beginning." 2. That a public hearing should be and is hereby set to consider said proposal to convey, which hearing shall be held on Tuesday, February 10, 1981, at 7:30 P.M., in the Civic Center, 410 East Washington, Iowa City, Iowa 52240. 3. That the City Clerk is hereby authorized to publish notice of hearing, as required by State and local law. It was moved by Vevera and seconded by Lynch the Resolution be adopted, and upon roll call there were: 31 AYES: NAYS: ABSENT: x Balmer x Erdahl Lynch x Neuhauser x Perret x Roberts X— Vevera Passed and approved this 27th day of Jan. , 1981. l< ,iMAYOR ATTEST: >%/;uq,jy � ' ,ren. 4LC4nIiLi C TY CLERK Received & Approved By The Legal DVS artrrer:t 11���i 32 RESOLUTION NO. 81-16 RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUSITION OF REAL PROPERTY FOR PHASE III OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCELS 16, 17, 18, 19, AND 20). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-454 authorizing improvements in the Lower Ralston Creek Neighborhood pursuant to Chapter 403 of the Iowa Code; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, the U.S. Department of Housing and Urban Development has formally approved funding for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the above-named five parcels to be acquired as part of Phase III of said project; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amounts are hereby determined to be just compensa- tion for the purpose of acquisition of the following real property: $500 for Parcel #16, made up of a portion of that property legally described as: "Lot 24 of White's Subdivision of Outlot Four, of the County Seat Addition to Iowa City, Iowa, as per the recorded plat thereof subject to easements of record." $40,000 for Parcel #17, legally described as: "The West one-half of Lot 36 in White's Subdivision of Outlot Four, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof." $24,500 for Parcel #18, legally described as: "The East one-half of Lot 36 in White's Subdivision of Outlot Four, in the County Seat, according to the plat recorded in Book 13, page 272, Deed Records of Johnson County, Iowa." $40,000 for Parcel #19, legally described as: "Lot 35, of White's Subdivision of Outlot Four, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof." $40,000 for Parcel #20, legally described as: "Lot 34, White's Subdivision of Outlot Four, in that part of Iowa City, Iowa, known as the County Seat of Johnson County." 2.. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcels in accordance with the real property acquisition regulations of the Department of Housing and Urban Development. ,33 3. That the City Manager, acting as executive officer of all housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. It was moved by Lynch and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch x Neuhauser X- Perret x Roberts x Vevera Vevera the Passed and approved this 27th day of Jan. 1981. `,MAYOR ATTEST: %hau fx 71;fj ; n;r , Received TY & r��PTOv�d C Tl CLERK J / By The le9a� n"PZ 2 , oy il LJ z 0 BURLINGTI U) Cf) U) COURT ST. • .9- I ¢ I HENRY w SABIN Z SCHOOL a LI BENTON BENTON STREET P KIRKWOOD II rommaim i ST. LEGEND ® FP.GpERT( 7b '�:F— Au4ui?gz) iQ?At:�F- �pareels I�o,n,la,�q �} ((// CITY OF IOWA CITY 6 SCAL1,1 O' REV `yy QE VISFD. jr Z m J iD U HHl 0 LI BENTON BENTON STREET P KIRKWOOD II rommaim i ST. LEGEND ® FP.GpERT( 7b '�:F— Au4ui?gz) iQ?At:�F- �pareels I�o,n,la,�q �} ((// CITY OF IOWA CITY 6 SCAL1,1 O' REV `yy QE VISFD. jr /G RESOLUTION NO. 81-17 RESOLUTION AUTHORIZING EXECUTION OF TWO CONSTRUCTION AND ONE PERMANENT EASEMENT WITH L. L. PELLING CO., INC. WHEREAS, the City of Iowa City, Iowa, has negotiated easements with L. L. Pelling Co., Inc., and WHEREAS, the City Council deems it in the public interest to execute said easements for sanitary sewer for the BDI Special Assessment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the easements with L. L. Pelling Co., Inc. 2. That the City Clerk shall furnish copies of said easements to any citizen requesting same. It was moved by Vevera and seconded by Neuhauser Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH X NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 27th day of January 1981. Mayor ATTEST: '7Yr. — ( City Clerk T EASEMENT FOR One Dollar ($1.00) and other valuable consideration, L. L. PELLING COMPANY, INCORPORATED (hereinafter referred to as Grantor) hereby grants the following permanent santiary sewer easement to THE CITY OF IOWA CITY, IOWA (hereinafter referred to as Grantee), its successors, heirs and assigns; the right to install, repair, maintain, alter, and operate a sanitary sewer in, into, upon, over, across, and under a strip of land located in Iowa City, Johnson County, Iowa, and described as follows: Commencing as a point of reference at the Northwesterly corner of Lot 7, Auditor's Plat No. 32, in Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Book 16, page 79; thence South 00 03' 29" East 263.52 feet along the Westerly line of said Lot 7 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 78° 56' 31" East 61.12 feet to a point of intersection with a line parallel with and measured in an Easterly direction 60.00 feet perpendicularly from said Westerly line of Lot 7; thence South 0° 03' 29" East 16.66 feet along said line to a point of intersection with a line parallel with and measured in a Northerly direction 60.00 feet perpendicularly from the Southerly line of Lot 7; thence South 64° 06' 30" East 6.07 feet along said line to a point; thence South 78° 56' 31" West 66.68 feet to a point of intersection with said Westerly line of Lot 7; thence North 0° 03' 29" West 20.38 feet along said line to the point of beginning. Grantor further grants to the Grantee: (a) The right to grade the strip of land for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside of the strip to such extent as Grantee may find reasonably necessary; 97 -2- (b) The right to ingress to and egress from the strip over and across the land by means of roads and lanes thereof, if such exist, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to Grantor; provided that such right of ingress and egress shall not extend to any portion of the land which is isolated from the strip by any public road or highway now crossing or hereafter crossing the land; provided, further, that if any portion of the land is or shall be subdivided and dedicated roads or highways on such portion shall extend to the strip, the right of ingress and egress on the portion shall be confined to such dedicated roads and highways; (c) The riqht of grading for, constructing, maintaining and using such roads on and across the lands as Grantee may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; (d) The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the strip and to trim and to cut down and clear away any trees on either side of the strip which now or hereafter in the opinion of Grantee may be a hazard to the pipelines, valves, appliances or fittings, by reason of the danger of falling thereon, or may interfere with the exercise of Grantee's rights hereunder; provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee; (e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip; (f) The right to mark the location of the strip by suitable markers set in the ground; provided that such markers shall be placed 30F y -3- in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip. Grantee hereby covenants and agrees: (a) Grantee shall not fence the strip; (b) Grantee shall promptly backfill any trench made by it on the strip and repair any damage it shall do to Grantor's private roads or lanes on the lands; (c) Shall indemnify any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of or of its agents or employees in the course of their employment. Grantor reserves the right to use the strip for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the strip, or diminish or substantially add to the ground cover over the pipe lines. L. L. PELLING COMPANY, INCORPORATED z BY cretary GRANTOR (Corporate Seal) THE CITY OF IOWA CITY, IOWA _ / ��� �._ Mayor Attest: GRANTEE (Corporate Seal) 2{ ire s -4- STATE OF IOWA SS. JOHNSON COUNTY 'SAS• /f8/ On this .� 8 day of -W rcir, �, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John R. Balmer, and Marian 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; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said John R. Balmer and Abbie Stolfus 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. STATE OF IOWA SS. JOHNSON COUNTY Potar Public in and for the State o Iowa On this ,9 day of, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lloyd L. Pelling and Jillian B. Pelling, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, 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 Lloyd L. Pelling and Jillian B. Pelling 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 NV State n Iowa Ild EASEMENT THIS AGREEMENT is entered into by and between L. L. PELLING COMPANY, INCORPORATED of Iowa City, Johnson County, Iowa, (hereinafter referred to as "Grantor") and THE CITY OF IOWA CITY, IOWA, Johnson County, Iowa, (hereinafter referred to as "Grantee") on this day of a! Grantor grants a temporary easement to the Grantee, its agents and employees, with necessary equipment, to enter upon and have access to the following described real estate owned by the Grantor: Commencing as a point of reference at the North- westerly corner of Lot 7, Auditor's Plat No. 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Book 16, page 79; thence South 0° 03' 29" East 253.33 feet along the Westerly line of said Lot 7 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 78° 56' 31" East 61.12 feet to a point of intersection with a line parallel with and measured in an Easterly direction 60.00 feet perpendicularly from said Westerly line of Lot 7; thence South 0° 03' 29" East 26.85 feet along said line to a point of intersection with a line parallel with and measured in a Northerly direction 60.00 feet perpendicularly from the Southerly line of Lot 7; thence South 64° 06' 30" East 22.71 feet along said line to a point; thence South 780 56' 31" West 81.93 feet to a point of intersection with said Westerly line of Lot 7; thence North 0° 03' 29" West 40.76 feet along said line to the point of beginning. Said temporary easement is for the express purpose of the con- struction of a sanitary sewer. This grant of temporary easement shall terminate thirty (30) days after the filing of the notice of completion of construction or six (6) months from the date of acceptance of this Y/ -2 - agreement, whichever occurs first. Upon termination Grantee will return the property as nearly as practicable to its original condition, taking into consideration the nature of the work being performed. L. L. PELLING COMPANY, INCORPORATED z THE CITY OF IOWA CITY, IOWA v es ayor By /J• ���,c� cretary ' GRANTOR (Corporate Seal) STATE OF IOWA Attest: %%;nom ty) l Clerk , �t�� GRANTEE (Corporate Seal) SS. JOHNSON COUNTY SflN. l9�'/ On this day of-gaweh, +9%, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John R. Balmer, and Marian 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; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said John R. Balmer and Abbie Stolfus 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. l7ot ry Public in and for the State of Iowa 5�a. STATE OF IOWA SS. JOHNSON COUNTY -3 - 11711 On this day of , 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lloyd L. Pelling and Jillian B. Pelling, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, 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 Lloyd L. Pelling and Jillian B. Pelling 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. otaA ry Puh is ow ar�d�� ie State Iowa EASEMENT THIS AGREEMENT is entered into by and between L. L. PELLING COMPANY, INCORPORATED of Iowa City, Johnson County, Iowa, (hereinafter referred to as "Grantor") and THE CITY OF IOWA CITY, IOWA, Johnson County, Iowa, (hereinafter referred to as "Grantee") on this QZ 1qp day of lea, Grantor grants a temporary easement to the Grantee, its agents and employees, with necessary equipment, to enter upon and have access to the. following described real estate owned by the Grantor: Beqinning at the Southeasterly corner of Lot 7, Auditor's Plat No. 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Book 16, page 79; thence North 64° 06' 30" West 66.73 feet along the Southerly line of said Lot 7 to a point of intersection with line parallel with and measured in a Westerly direction 60.00 feet perpendicularly from the Easterly line of the Southeast quarter of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence North 0° 03' 29" West 411.72 feet along said line to a point of intersection with the Northerly line of said Southeast quarter; thence North 00 18' 56" West 65.00 feet along a line parallel with and measured in a Westerly direction 60.00 feet perpendicularly from the Easterly line of the Northeast quarter of said Section 24 to a point of intersection with the Northerly line of said Lot 7; thence North 880 45' 24" East 60.01 feet along said Northerly line to a point of intersection with the Easterly line of said Northeast quarter; thence South 0° 18' 56" East 65.00 feet along said Easterly line to a point of intersection with said Northerly line of the Southeast quarter of Section 24; thence South 00 03' 29" East 442.17 feet along said Easterly line of the Southeast quarter to the point of beginning. Said temporary easement is for the express purpose of the construction of a santiary sewer. This grant of temporary easement shall terminate thirty (30) days after the filing of the notice of completion of construction 115 -2 - or six (6) months from the date of acceptance of this agreement, whichever occurs first. Upon termination Grantee will return the property as nearly as practicable to its original condition, taking into consideration the nature of the work being performed. L. L. PELLING COMPANY, INCORPORATED M THE CITY OF IOWA CITY, IOWA Presi nt _ J' Mayor By ecretary GRANTOR (Corporate Seal) STATE OF IOWA Attest: � ... 0[L/ -!d -/-i-74�.fAV G,,(11 lii I C i ty C erg —�T GRANTEE (Corporate Seal) SS. JOHNSON COUNTY On this a V day of Maps before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John R. Balmer, and Marian 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; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said John R. Balmer and Abbie Stolfus 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. FJa a� ry Public in and for t etam Iowa By The Le• ia, STATE OF IOWA SS. JOHNSON COU14TY -3 - On this �— day of &arc�r, 146' before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lloyd L. Pelling and Jillian B. Pelling, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, 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 Lloyd L. Pelling and Jillian B. Pelling 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 foe State of Iowa RESOLUTION NO. 81-18 RESOLUTION AUTHORIZING MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS Iced. WHEREAS, the Iowa 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 Perret and seconded by Neuhauser that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 27th day of Janua J Mayor ATTEST: City Clerk' + 1981. o � DIr Inv To: Iowa Department of Transportation ACQUISITION OF Office of Urban Systems RIGHT OF WAY 826 Lincoln Way 1981 Ames, IA 50010 Subject: Assurances regarding future acquisition of right of way for highway projects funded with Federal -Aid funds. To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Council of the City of Iowa City, Iowa furnishes the following assurances to the Iowa Department of Transportation: 1. It is the policy of the City of Iowa City, wa to acquire right-of-way in accord with Title IIIoI of said 1970 Act and applicable State laws. 2. It is the policy of the City of Iowa City, Iowa to provide relocation assistance benefits in accord with Title II of said 1970 Act and applicable State laws. 3. The above named City will contact the Iowa Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right -of -Way Acquisition Policies and Procedures." January 27, 1981 ate Approved r of City RESOLUTION NO. 81-19 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Discount Den of Iowa, 117 E. College St. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Balmer Lvnch Erdahl AYES: NAYS: X X X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 10th 19 81 Attest: City Clerk ABSENT: day of Februar 47 RESOLUTION NO. 81-20 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 Class "B" Beer Permit or liquor control license, to wit: Ambrose-Lovetinsky, Inc. dba Woodfield's, 223 1/2 E. Washington St. It was moved by Neuhauser and seconded by p that the Resolution as read e adopted, and upon roll -call thereroll-ca were: AYES: NAYS: ABSENT: Balmer x Lvnch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this loth day of February 19 81. Attest: 5-41) RESOLUTION NO. 81-21 RESOLUTION SETTING PUBLIC HEARING ON BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1981 THROUGH JUNE 30, 1982. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Ctr. at 7:30 p.m., February 24, 1981, to permit any tax- payer to be heard for or against the proposed FY82 Budget for the year ending June 30, 1982. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by pub- lication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time set for such hearing. It was moved by Neuhauser and seconded by yevera that the Resolution, as read, be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts Vevera Passed and approved this 10thday of February 1981. . Received $ A;�proved gy The Legal Qeaar:mert S/ /a�,iv ' Qeti RESOLUTION NO. 81-22 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BYINGTON ROAD AND GRAND AVENUE INTERSECTION IMPROVEMENTS DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 24thday of February , 1981 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 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 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 Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALKER ERDAHL LYNCH NEUHAUSER PE RPE T ROBERTS VEVERA Passed and approved this 10th day of Poc^fYed 3 ,ap.prOVe( By rhe Lie .ar;ment ATTEST: City 19 81— S-17— /0 -o/ -41 - RESOLUTION NO. 81-23 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT, LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN, AND PRELIMINARY PLAT OF HUNTER'S RUN SUBDIVISION, IOWA CITY, IOWA. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the approval of the preliminary planned area development, large scale residential development plan and preliminary plat of Hunter's Run Subdivision, Iowa City, Iowa, be granted with the following conditions. The preliminary plat for Hunter's Run Subdivision is approved subject to the approval of the final plat, final planned area development plan and final large scale residential development plan for each of the eight parts provided for on said preliminary plat of the Hunter's Run Subdivision. 2. Obtaining and dedicating to the City of Iowa City, sanitary sewer easements so that the sewer lines from this subdivision can hook into the sewer which will serve the Johnson County Care Facility. 3. Provided that the Schedule of Completion set forth on the preliminary plat be adhered to. It was moved by Roberts and seconded byyevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved thislOth day of February 1981. ATTEST: CITY CLERK Recehrod & Approved By The Legal Department 53 AGREEMENT THIS AGREEMENT made by and between Shaler Enterprises, a partnership, the equitable owners and developers hereinafter referred to as SHALER, and the City of Iowa City, Iowa, a municipal corporation hereinafter referred to as CITY. WITNESSETH: In consideration of the City approving the preliminary plat, planned area development and large scale residential plan of Hunter's Run Subdivision, Iowa City, Iowa, Shaler hereby grants to the City of Iowa City, the right to review the planned area development and large scale residential plan, four years after the date of the City's approval of said preliminary plat. The review shall be limited to determine whether or not the planned area development and large scale residential plan as presented on the preliminary plat is being completed in substantial compliance with the plans and agrements of said preliminary plat and plans. In the event that the development is not proceeding in substantial compliance with the planned area development, then the City of Iowa City, may take the following action: 1. That the planned area development zoning for the entire area be continued with revised time limits; or 2. That the planned area development zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category; or 3. That other appropriate amendments be made or actions taken. This agreement shall be binding on the parties, their successors in interest or assigns. Signed this //'�- day of February, 1981. CITY OF IOWA CITY, IOWA By QIL "-) — erk CI 1 Y CI_t SHALER ENTERPRISES, A PARTNERSHIP LaVern J. Shay, A Partner 73 .,.PSG, ) S Ronald W. Schintler, A Partner �v By - J es Robert S hintler, A Partner B,zgf'sC Richard Jos Sc intler, A Partner TE OF COUNTY OF I SS: On this day of , 1981, before me, the undersigned, a Notary Public in and for said County and State, personally appeared LaVern J. Shay, a partner of Shaler Enterprises, to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as the voluntary act and deed of the partnership and themselves. Notary Public in and for said County and State. STATE OF IOWA, SS: JOHNSON COUNTY On this day of �•, �),/„. 1981, before me, the undersigned, a Notary Public in and for said Co,dnty and State,personally appeared Ronald W. Schintler, James Robert Schintler and Richard Joseph Schintler, partners of Shaler Enterprises, 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 the voluntary act and deed of the partnership and /)themselves. Notary Public in and for the State of Iowa - STATE OF IOWA, SS: JOHNSON COUNTY, i On this � day of fj�f7icefyj 1981, before me, the undersigned, a Notary Public i and forsaid Coun°ty, in said State, personally appeared ••j�t�i»;� f/ andto me personally 6ehown who, being by me duly sworn, did say 'that ffhey are the May or and City Clerk, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said corporation was signed and sealed n behal o said corpo ation by authority of its City Council and that the said /,and as such officers, acknowledged the e cution o said instrument to b6 the � voluntary act and deed of said corporation, by it and by them voluntarily executed. 'Rctao Public in and for the State of Iowa. Received & Approved By 7he Legal Departm nt '55 <�J X ZL- RESOLUTION NO. 81-24 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN III FOR PROCTER AND GAMBLE MANUFACTURING COMPANY WHEREAS, the owner, Procter & Gamble Manufacturing Co., has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the intersection of the Muscatine Road and the East line of Section 23, Township 79 North, Range 6 West of the 5th P.M. running thence North along the said section line 807.3 feet, thence South 66023' West 588.8 feet to the center of the Muscatine Road, thence South 43°17' East 787 feet, thence along the center of said road to the place of beginning. AND Commencing at a point on the East line of Section 23, Township 79 North, Range 6 West of the 5th P.M., 807.3 feet North of the intersection of the center of the Muscatine Road and said East line of said Section 23; thence North along said East line of said Section 23; 573.7 feet; thence South 68°212' West 1018.6 feet to the center of Muscatine Road; thence South 43°17' East along the center of said Muscatine Road 594 feet; thence North 66°23' East 588.8 feet to beginning, containing ten (10) acres more or less. AND A tract of land located in the East 2 of the NW', of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the NW corner of said E 2 of the NW',; thence on an assumed bearing due South along the West line of said E 2 of the NW ; 1309.94 feet; thence North 38°41'40" East 426.62 feet to a 306.29 foot radius curve concave Westerly; thence Northerly along said curve 198.22 feet; thence North 1°36'50" East 519.60 feet to a 356.97 foot curve concave Westerly; thence Northerly along said curve 295.59 feet to the Southerly right-of-way line of the Chicago, Rock Island & Pacific Railroad; thence North 62°25'00" West 31.43 feet to the North line of said E 2 of the NW k thence South 88°24'20" West 212.58 feet along said North line to the point of beginning. Also al 1. that. part of the E 2 of the SW', of Section 13, Township 79 North, Range 6 West of the 5th P.M. lying South of the Chicago, Rock Island & Pacific Railroad right-of-way. 4n Resolution No. 81-24 Page 2 AND All that part of the West Half (W �) of the Northwest Quarter (NW k) of Section 24, lying north of the Wyoming Road, now known as the Lower Muscatine Road, except one and one-half (1z) acres more or less in the southeast corner thereof described as: Commencing where the Northeasterly line of the Lower Muscatine Road intersects the east line of the West Half (W �) of the Northwest Quarter (NW ',) of said Section 24, thence Northwesterly along said road 315 feet, thence North 29°24' East 500 feet to the east line of the West Half (W �) of the Northwest Quarter (NW ;) of said Section 24, thence South to the place of beginning, so as to make one and one-half (li) acres. Also except the following tract, to -wit: Commencing at the Northwest corner of said Section 24, running thence East along the North section line of said Section 24, 200 feet; thence South 28°0' West 302.3 feet; thence in a Westerly direction to a point on the West section line of said Section 24, which point is exactly 270 feet South of the Northwest corner of said Section 24; thence North along the West section line 270 feet to the point of beginning. All in Township 79 North, Range 6 West of the 5th P.M., subject to easement for road purposes, recorded in Deed Record 136, page 62, of the Deed Recorders of the Recorder's Office of Johnson County, Iowa. WHEREAS, said property is owned by the above-named party and no dedica- tions are required; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said large scale non-residential development is found to conform with 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: 1. That the said plan is hereby approved as a large scale non- residential development. 57 Resolution No. 81-24 Page 3 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10th da of Feb. 1981. �/ -_ , 9 -- MAYOR ATTEST: CITY CLERK a°d V-° ',evie�`�a, O� RESOLUTION NO. 81-25 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH PHILIP C. CARY, AND AUTHORIZING THE CONVEYANCE TO PHILIP C. CARY OF A PORTION OF VACATED LINN STREET RIGHT-OF-WAY. WHEREAS, the City of Iowa City held a public hearing on February 10, 1981, regarding the proposed disposition of vacated Linn Street right-of-way, more particularly described in Exhibit A attached hereto and thereby incorporated herein by reference; and WHEREAS, the conveyance of vacated Linn Street right-of-way will facilitate a settlement in the acquisition of property owned by Mr. Cary and known as parcel 2 of the Lower Ralston Creek Neighborhood Revitalization project; and WHEREAS, the aforementioned Linn Street right-of-way has been valued at $32,000 by a qualified, independent appraiser. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the City Manager and the City Clerk are hereby authorized to convey property described in Exhibit A to Philip C. Cary, for a sum of $32,000, as part of a settlement in lieu of condemnation of parcel 2, Lower Ralston Creek Revitalization project. It was moved by Neuhauser and seconded byyevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 10th day of _February , 1981. ATTEST: 04L CITY CLERK MA YOR Received a, Approved By The Legal Department EXHIBIT B SANITARY SEWER EASEMENT 1/339_021 /u/81 A 15.00 foot sanitary sewer easement, the centerline of which is defined as follows: Commencing at the Northeast corner of Lot 1, Block 28, County Seat Addition to Iowa City, Iowa, as recorded in Deed Book 1 and 2, Page 301 of the records of the Johnson County Recorder's Office; Thence S89051'40"E, 44.8 feet along the North line of that parcel vacated by the Ordinance No. 2646 recorded in Miscellaneous Book 390, page 176 of the records of the Johnson County Recorder's Office, said line also being the South Right—of—Way line of Lafayette Street, to its intersection with the centerline of the existing sanitary sewer main, which intersection point is the Point—of—Beginning of said 15.00 foot sanitary sewer easement; Thence S2048'19"E, 160.1 feet along the centerline of said existing sanitary sewer main to a point on the South line of said vacated parcel, said point also being 27.4 feet,N89051'13"W of the Southeast corner of said vacated parcel. EXHIBIT C UTILITY EASMENT A 10 foot strip, the centerline of which is described as follows: Commencing at the Northeast Corner of Lot 1, Block 28, County Seat Addition to Iowa City, Iowa, as recorded in Deed Book 1 and 2, p$ge 301, Records in the office of the Recorder of Johnson County, Iowa, thence S 89 51'40"E, along the North line of said Lot 1, Block 28, 45 feet to the point of beginning; thence South to a point which is N8g 51'13"E, 45 feet from the Southeast Corner of Lot 2, Block 28, of said County Seat Addition. r 1'4 c," G �S2o. o0 QW C07 - PA. '>- z% pnOlTlo�a d1 Nu IL 0 ff WW Z 1 J , rN v WQ t Ce L4FQ�(EZTE s•TTtEei f � Cyl 4TIv `�'e 1, 0 IN .N QA` - N I Sf>°p'ti 4o'C 1'71.'1 s• u WIS GaR l.oT 1 7F l.K 7.b• C..t.A, Dole1T OF PjEbiN JIJ Ii N 69'SI'li• W lyl:ll 16011 0 Q N I certify that during the Month of December, 1980, at the direction of the City of Iowa City •;lirvey was made under my supervision of the tract of land platted hereon adn the boundarie It suio tract are as follows: Lonmencing at the Northwest Corner of Block 2B, County Seat Addition to Iowa City, Iowa as tl-corned in Deed Book 1 6 2, Page 301 of. the records of the Johnson County Recorder's Office thence 58'0 51'40"E, along the North line of said Block 28 to the Northuast Corner of Lot 1, ,I sd;u Block 28, which is the Point -of -Beginning; Thence 589051'40"E, 131.78 feet along the ",Irth Jane of Lot 1, Block 29, of said County Seat Adoition, to the Westerly Right -of -Way :ane of Gilbert Street; Thence SIS°43112"W, 165.98 feet along said Westerly Right -of -Way '.ine to the South line of Lot 2, Block 29 of said County Seat Addition; Thence N89051'13"W, ••t,.r+l feet along said South line to the Southeast Corner of Lot 2, Block 28, of said County Seat AdoiLion; in accordance with ordinance of vacation recorded in Disc. Book 390, Page ,111 Uf the records of the Johnson County Recorder's Office; Thence North, 159,87 feet along '.Ile Fast line of Block 28 to the Point -of -Beginning. Said tract of land containing 17,470 square feet more or less. I further certify that the plat as shown is a correct representation of the survey and all joiners are marked as indicated, , ^ � J u U1R:i:2 MY COd:.AISS:CA cXPL:ES 3 r September J0, Issl 11I)ert D. dick -)SIC bed an IT �W VAG►TCD 1.1wJ NTRG.GT C •o�W Y e�tocry ublic, in and for the State of Iowa •rr r -l -N � r Cmr,m T"te LEGEND ora+,,gra B, Q m d � N • Prop,rr, Cornu FornE O 5/0"r 50 Iron Pm .,,A Prolccr a Po ET1oN �F VPG ATtn IINV ST. vb 1T-oF.W4V ANO TU47 porLov oPL s ljL 71, COUr-+T( Sc AT PDOrlmN i L S Cap 511 —Ecilllnp ,O+A CITY, IOVA W h TJAT nt C6LOCU 6b J I x 1 LT9'1' 1 Pev N 69'SI'li• W lyl:ll 16011 0 Q N I certify that during the Month of December, 1980, at the direction of the City of Iowa City •;lirvey was made under my supervision of the tract of land platted hereon adn the boundarie It suio tract are as follows: Lonmencing at the Northwest Corner of Block 2B, County Seat Addition to Iowa City, Iowa as tl-corned in Deed Book 1 6 2, Page 301 of. the records of the Johnson County Recorder's Office thence 58'0 51'40"E, along the North line of said Block 28 to the Northuast Corner of Lot 1, ,I sd;u Block 28, which is the Point -of -Beginning; Thence 589051'40"E, 131.78 feet along the ",Irth Jane of Lot 1, Block 29, of said County Seat Adoition, to the Westerly Right -of -Way :ane of Gilbert Street; Thence SIS°43112"W, 165.98 feet along said Westerly Right -of -Way '.ine to the South line of Lot 2, Block 29 of said County Seat Addition; Thence N89051'13"W, ••t,.r+l feet along said South line to the Southeast Corner of Lot 2, Block 28, of said County Seat AdoiLion; in accordance with ordinance of vacation recorded in Disc. Book 390, Page ,111 Uf the records of the Johnson County Recorder's Office; Thence North, 159,87 feet along '.Ile Fast line of Block 28 to the Point -of -Beginning. Said tract of land containing 17,470 square feet more or less. I further certify that the plat as shown is a correct representation of the survey and all joiners are marked as indicated, , ^ � J U1R:i:2 MY COd:.AISS:CA cXPL:ES r September J0, Issl 11I)ert D. dick -)SIC bed an son Reg. No. 7036 Date o o before me this day �i of 19O/, , e�tocry ublic, in and for the State of Iowa •rr r -l -N of %C`jt- cr" Cmr,m T"te LEGEND ora+,,gra B, Nola., D Ooru—,.1 Cornu ----- Swl.COZY civ CVTY Lee • Prop,rr, Cornu FornE O 5/0"r 50 Iron Pm .,,A Prolccr a Po ET1oN �F VPG ATtn IINV ST. vb 1T-oF.W4V ANO TU47 porLov oPL s ljL 71, COUr-+T( Sc AT PDOrlmN --rr N SULTAN 1 1 L S Cap 511 —Ecilllnp ,O+A CITY, IOVA TUI• ,F.,Ta LIU W= OF o11.P.aCT 2TPiGT TJAT nt C6LOCU 6b F,nn //l rr/CC D.n fi[Aa Cho ADO F,9. Y✓3 Scale La;O Dale �.L-1l-�O Pev Prol. No 33g• D2.1 E- i'20.Oo I -I'd COC 6_L' 28 Co.I T( SEe•T r 7 r u LLFpYE-TTE s7eEE7 �v m ry 1 N JI SPPi'Si 4o'C N E C v L.crC I %V— 26- C.t.E. pc�1w1T OF Vj �Cf INl.it wJ l+ VAC e.16D Q - I I` 7lnn �. LwT 1 �I I 50.1 \'7AC4 5E�n1�K- EAgEM "Lr •`lZ I 10� 5 IOWA-ILL�INOIS G a E EASE MET I a H1 RG.GT 'a I G wl d a w 9 JI N Pt � fi.-tc L9 ; 3 r '7 VA EXHIBIT A AC il r— 0e..01• r ". certify that during the McnIth of December, 1;80, at the direction of the City of Iowa City, Eurvel Las rade under my supervision of the tract of land platted hereon adn the boundaries ` said tract are as follows: L-mencind at the Northwest Corner of Block 28, County Seat Addition to Iowa City, Iowa as ,corded in Deed Book 1 k 2, Page 301 of the records of the Johnson County Recorder's Office; 'once Se:051'40"E, along the North line of Eaid Block 26 to the Northeast Corner of Lot 1, said Block 2B, which is the Pdint-of-6eci ?ng; Thence S89051'40"E, 131.76 feet along the .rth line of Lot 1, Block 29, of said CDUn_, Seat Addition, to the Westerly Right -of -Way _ne of Gilbert Street; Thence 515043'12"4.', '65.98 feet along said Westerly Right -of -Way _ne to the South line of Lot 2, Block 2= o` said County Seat Addition; Thence N69051'13"W, E.81 feet along said South line to the Soutteast Corner of Lot 2, Block 28, of said County eat Addition; in accordance with ordinance c` vacation recorded in Disc. Book 390, Page 76 of the records of the Johnson County Reccrcer's Office; Thence North, 159.87 feet along he East line of Block 28 to the Point-of-6eginning. Said tract of land containing 17,470 quare feet more or less. further certify that the plat as shown is a correct representation of the survey and all orners are marked as indicated. DEAN E EE,,ANE� _� Mj;AISSIJN EV"'ES .obert D. Mickelson/ Reg No. 7036 Date ubscri ed and sworn before me this day of 19�, =tary Public, in and for the State of Iowa y, o z -I.•81 p9p y.oF 'S1W. SiW GR. CdSEMC 4T ,••ee CA -W of yry..te. CTT4Cr.e„t T,im LEGEND , wnred B,: "mea 6 6o.er n nent C.,.., sews T11M ULTA(1 1- 1 ICWA CITY. IOWA I Trent LbT Biu Cv64 t Properly Cwn.r Feune O Ve a 30'1,0n Pie ei.e Po2[bN 0•F VAc►Rn u.+V tT. r".A,- c -W44 AJo TUAT L s Cep set oG1wU a.a.S I{L ,II,LL' 2{, t..-J-CY kAT Al 0,7L,W T,{4T I—Eeistlrp Fence !. `.1FM of b..ALT GT¢.tZ1 At tE\rL\140 F.D. b3 sate I_-ao Dete iZ.,l-8o e••2 -L,. B+. Pro). Na 3.gq-o2..1 161�1/4_4, RESOLUTION NO. 81-26 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR SIGNAGE FOR URBAN RENEWAL PARCEL NO. 102-3,4 (FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION). WHEREAS, the City Council of the City of Iowa City, has, pursuant to Resolution No. 79-15, approved the preliminary design plans for the building which has now been completed on Urban Renewal Parcel No. 102-3,4; and WHEREAS, First Federal Savings and Loan Association has submitted preliminary design plans for signage for Urban Renewal Parcel No. 120-3,4; and WHEREAS, said preliminary design plans have been reviewed by the Design Review Committee; and WHEREAS, a recommendation of approval from the Design Review Committee concerning said preliminary design plans has been received by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans for signage submitted by First Federal Savings and Loan Association for Urban Renewal Parcel No. 102-3,4 are hereby approved; and BE IT FURTHER RESOLVED, that upon this approval, necessary permits for installation of signage may be issued for this redevelopment project, contingent upon full compliance with all applicable codes and ordinances. It was moved byyevera and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10thday of February , 1981. AYOR ' ATTEST: L�- CITY CLERK Received & Approve;! By The Legal De arfiment Co/ MINUTES DESIGN REVIEW COMMITTEE JANUARY 28, 1981 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT GUESTS PRESENT Lilly, Lafore, Alexander Haupert, Wegman Summerwill, Sinek Chiat, Hauer, Tyler Seiberling, Wockenfuss, J. Bradley Rust, Duane Swartzendruber, Bernie Wright RECOMMENDATIONS TO COUNCIL The Committee recommends the approval of the preliminary design plans.for signage for First Federal Savings and Loan Association. SUMMARY OF DISCUSSION OF FIRST FEDERAL SAVINGS AND LOAN PRELIMINARY SIGNAGE PLANS J. Bradley Rust, project architect, Duane Swartzendruber of First Federal, and Bernie Wright of NESPER Sign Company, presented the signage proposal. Rust stated that the proposed sign will be bank bronze letters made of aluminum with a durinotic bronze finish on a white plastic background. The sign will be internally lighted with flourescent lights so that only the letters appear at night. Rust stated that the proposed size is within the sign regulation requirements. The sign will be ten feet wide and five feet high resting on a 12 foot high pole. The pole will be the aluminum material covered with durinotic bronze. The sign will be located in the north end of the parking lot, between two aisles of parking. A timer will control the lighting. Wintertime lighting will be 5:00 D.m. to 10:00 D.m. Haupert moved and Alexander seconded that the Committee recommend the approval of the preliminary design plans for signage for First Federal Savings and Loan Association. The motion carried unanimously. DISCUSSION OF UNITED FEDERAL SAVINGS AND LOAN Lilly asked why no design plans for United Federal had been submitted to the Committee. Chiat stated that except for urban renewal properties, there was no ordinance requiring that the Design Review Committee approve design plans before a building permit is issued. Chiat stated that he would contact Siders and request that he contact Chiat whenever a building permit is requested in the downtown area. The members stated that they did wish to compliment UFS on its design and signage. MINUTES DESIGN REVIEW COMMITTEE JANUARY 28, 1981 PAGE 2 Haupert left at this point. DISCUSSION OF DESIGN PLANS FOR S Chiat presented drawings indicating the color, placement, and size of the proposed exterior signage for the parking ramps. He pointed out that two types of signs were being presented: one to identify the ramps and one to direct traffic to the entrances. The identifying signs are proposed to be 6 feet high by 48 feet long with two feet high lettering, which will be Van Dyke brown. The proposed material is painted metal. The Exit -Enter signs will be 4.5 feet by 8 feet and 4.5 feet by 10.5 feet with 1.5 foot high lettering. The positioning on these signs is not set; it is possible to have one sign positioned over both entrances or to have two signs with one sign positioned over each entrance. Seiberling questioned the need for borders on the signs, pointing out that graphic designers use signs which rely on the positioning of the lettering and size and do not use borders. Wockenfuss asked if clear plastic might be used so that only the letters would be visible. Wegman suggested metal letters attached directly to the building. Chiat stated that the production details of the signage were not set out and that he would check on these various possibilities. After discussion, Committee members agreed that the signage should be of equal size on both ramps and that the Enter -Exit signs should be lowered. They suggested using one sign with directional arrows indicating the two entrances. In response, to questions about the interior signage, Chiat stated that there had not been a public outcry over the signage. He stated that he had not seen the interior signage on the new ramp. LENOCH AND CILEK (OLD J.C. PENNEY BUILDING) Seiberling stated that she had examined the exterior and found the facia in poor repair. She pointed out that it would be unfortunate for Lenoch and Cilek to place a new sign on material in such bad shape. Members agreed that it is not within Design Review Committee's authority to require changes to be made on an existing structure. Wegman and Seiberling agreed to discuss informally the situation with Jerry Meis. DESIGN REVIEW COMMITTEE ROLE AND IMAGE Lilly expressed that many of the members had at various times felt frustrated with the accomplishments of the Committee. She added that at least one member of the City Council had expressed disappointment in the Committee's recomemndation on the Old Capitol logo which had stated that the Committee approved the concept of the logo but not the color. The Councilmember stated he would have preferred a definite yes or no. She further stated that she was not worried about how various members of the 43 MINUTES DESIGN REVIEW COMMITTEE JANUARY 28, 1981 PAGE 3 public viewed their decisions as long as they were following the Council's directives. Seiberling pointed out that the Committee, at the very least, supported design standards for the community. She stated that this was an important role that could open new vistas for people in Iowa City. She pointed out to the October 1980 Symposium at Old Brick as an activity which helped educate people to design possibilities. Alexander stated that he had observed a change in attitude since the completion of City Plaza. He felt people were satisfied with the project. Lafore agreed, saying he had not heard a single complaint about the pedestrian mall. Lilly added that it was well -used. Meeting adjourned. Prepared by: Andrea Tyler Minute Taker RESOLUTION NO. 81-27 RESOLUTION 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 FOR THE CONSTRUCTION OF SCOTT BOULEVARD IMPROVEMENT PROJECT - PHASE I. 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 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 have been 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 100 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 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 10:00 a.m. on the 26th day of March, 1981. Thereafter, the bids will be opened by the City Engineer, 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 7th day of April, 1981. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAI4L x LYNCH x NEUHAUSER X PERRET X ROBERTS x VE VE RA Passed and approved thisl0th day of February 1981 r ,1� Mayo ATTEST: ;�Lu, , Approved & City Clerk Received liment By The Legal pFpa /ice ✓ _ to , ie�e �` No. 18 $ 5,060.50 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Metro Pavers_ of Iowa City its successors or assigns, tum 0060.50 with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made.. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 5 , 19 79, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 30th day of Januar_ 1981 Y OF IOWA CITY WA (SEA T ) ' J ATTEST: c-�byor µ-- Clerk This instrument presented and not paid for want of funds this 30 day of January , 19 81 Cit TreasLVrer AHLERS. COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA C/o4 ASSIGNMENT The attached Construction Warrant in $ is hereby assigned to in consideration of receipt by the unders assignee of the sum of $ Dated this day of the amount of gnea from sa 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 47 Council Member Vevera introduced the following Resolution entitled 'RESOL TU ION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Roberts seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 81-28 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 389.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (10%) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA V and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. 11. TO Metro Pavers —3— DATE AMOUNT 01/30/81 $5,060.50 AHLERS. COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA /01 f PASSED AND APPROVED, this 10th_ day of February 1981 _ -'4a y�or wwli*lvw & _ _e Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 70 RESOLUTION NO. 81-29 RESOLUTION AUTHORIZING MAYOR TO EXECUTE AND CLERK TO ATTEST AGREEMENT WITH COUNTY TO PAY FY75 TAXES FOR URBAN RENEWAL PARCEL - FIRST FEDERAL SAVINGS AND LOAN WHEREAS, the Iowa City Assessor has assessed certain real estate, and the Johnson County Treasurer now carries FY75 taxes due and delinquent on certain property designated under the Renewal Project Map as Parcel 102-10. WHEREAS, said outstanding taxes constitute a lien on said property and need to be cleared in order for current property owner, First Federal Savings and Loan Association, to properly negotiate permanent financing; and WHEREAS, the City is involved with settlement discussions with Johnson County regarding pending litigation over said taxes as a result of urban renewal redevelopment transfers, and that the City has acknow- ledgQd responsibility for the taxes due against First Federal's property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, Iowa, that the Mayor is authorized to execute and the Clerk to Attest an Agree- ment with the County whereby the CITY agrees to pay FY75 property taxes plus -penalties on property now owned by First Federal Savings and Loan Association and known as Parcel 102-10 of the Urban Renewal Project Map, and the COUNTY agrees to return the City's share of said taxes as required by law. It was moved by Roberts and seconded byyevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 10th day of February , 1981. ATTEST: CIV CLERK �- % YOR Roeelviced $ Approved $y The Legal Dopartment AGREEMENT REFERENCE PROPERTY TAXES The following agreement is entered into by and between the CITY OF IOWA CITY, IOWA, a municipal corporation, acting as the local public agency for the purposes of Chapter 403, Code of Iowa 1979, and JOHNSON COUNTY, IOWA, a county government, in connection with the payment of certain real estate taxes in Iowa City, Johnson County, Iowa. WHEREAS, the Iowa City Assessor has assessed certain real estate, and the Johnson County Treasurer now carries as due and delinquent, real estate taxes against property designated as Parcel No. 102-10 of the Urban Renewal Project Map under Chapter 403, Code of Iowa 1979, and which property is located at 150 East Court Street, in Iowa City, Iowa, and is presently owned by First Federal Savings and Loan Association. Said property is more particularly described as follows: Lot 4, and South 28' of Lot 3, Block 102,O.T. WHEREAS, said unpaid and delinquent taxes now constitute a lien against said property, and that said lien must be cleared in order that First Federal may properly negotiate permanent financing. WHEREAS, CITY agrees to pay said taxes, under protest, notwith- standing any litigation attendant thereto, to -wit, City of Iowa City v. Johnson County, et. al, docket # 43626 filed March 16, 1977 in the Johnson County District Court. NOW BE IT THEREFORE AGREED: (1). CITY agrees to pay delinquent taxes on property now owned by First Federal Savings and Loan for taxes assessed in FY75 in the amount of $885.97, plus penalty of $420.84, for a total of $1306.81 for purposes 7o2- -2 - of clearing said lien, as noted in the Tax Statement attached hereto as "Exhibit A" and incorporated herein by reference. (2). COUNTY agrees that this payment shall not be deemed a waiver of any rights vis a vis the pending litigation, and that COUNTY agrees to refund the CITY's share of said taxes, as required by law. Dated this 10th day of February, 1981. CITY OF IOWA CITY, IOWA --By 1 John Balmer, Mayor ATTEST: 0M vt/ City Clerk JOHNSON COUNTY, IOWA By:y� �lt ennis n enbe 1 Chairma oard of Supervisors ATTEST: Cou ty Y1u for r J 73 RETURN THIS SLIP WHEN YOU PAY Ioowa City, Iowa, TAX STATEMENT JOHNSON COUNTY, IOWA �(zs�?/6 -Pla-�-C3���/ Book Page Line ••••� ••� ••`�'•••`• L 1 y Deputy Treasurer 1 /y RESOLUTION NO. 81-30 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Hungry Hobo, 517 S. Riverside Dr. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer Lynch Erdahl Neuhauser AYES: NAYS: X X X X Perret X Roberts x Vevera X 19 81 Passed and approved this 24th Attest: / City Clerk ABSENT: day of February , 7S q RESOLUTION NO. 81-31 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BYINGTON ROAD AND GRAND AVENUE INTERSECTION IMPROVEMENTS ' 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. 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 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 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 10o 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 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 10:00 a.m. on the 26th day of March , 1981. Thereafter, the bide 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 7th day of April , 1981 Page 2 Resolution No. 81-31 It was moved by Neuhauser and seconded by Lynch that the Resolution as rea ecTi ` opted, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PE RRET x ROBERTS x VE VE RA Passed and approved this 24th day of February , 19 8L ATTEST: CITY CLE E MAYOR 77 RESOLUTION NO. 81-32 RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE: OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS,_—A Better Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 24thday of February _> 1981 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to A Better Cab Company for the operation of 7 (seven) taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity tom getter Cab Company for _ 7 seven __taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. W -z - IL was moved by Neuhauser and seconded by vevera that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x rdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of February , 19 81 ' MAYOR ATTEST: CITY CLERK Receive,: bi By The Leoa9 1(� Zllrle� 17 RESOLUTION NO._aj-3j_ RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE: OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, Hawkeye Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 24 day of February 1981 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Hawkeye Cab Company for the operation of 4 four taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to Hawkeye Cab Company fop our r taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. -z - II: was moved by Vevera and seconded by Neuhauser that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x �rdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of February , 19 81 ATTEST: 01Z If CITY CLERK MAYOR / By The L-aga! --A$ �l►��BI �/ RESOLUTION NO. 81-34 RESOLUTION ADOPTING SUPPLEMENT NUMBER SEVEN TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the Seventhsupple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number Seven 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 Seven 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 Perret and seconded by Vevera the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 24th day of Feb. 1981. 0 ATTEST: fcc� CITY CLERK Raechrod & Approved By The Legal Depertmant 7-ho/L..... a M - /,,<. lc - RESOLUTION NO. 81-35 RESOLUTION AUTHORIZING MAILING OF CITY POSITION LETTER REFERENCE SAM HERSHBERGER SUBDIVISION TO WILLIAM MEARDON WHEREAS, the City Council of Iowa City, Iowa, has read and approved a letter dated February 6, 1981 to Attorney William Meardon from City Attorney John Hayek reference the City's position concerning the Sam Hersh- berger Subdivision, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that City Attorney John Hayek be authorized to mail said letter to Attorney Meardon setting out the City's position with reference to this subdivision. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: Passed and approved this 24th NAYS: ABSENT: day of February , 198 1 �% G -,Mayor ATTEST • 0& , Iyz/ e/% J City Clerk By The L''931 3 AYES: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 24th NAYS: ABSENT: day of February , 198 1 �% G -,Mayor ATTEST • 0& , Iyz/ e/% J City Clerk By The L''931 3 HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW AREA CODE 319 JOHN W. HAYEK 110 EAST WASHINGTON STREET 337-9606 C. PETER HAYEK IOWA CITY, IOWA 52240 C. JOSEPH HOLLAND February 6, 1981 Mr. William Meardon Attorney At Law 122 South Linn Iowa City, Iowa 52240 Re: Fred B. and Karen Allen property Dear Mr. Meardon: This letter is to advise you of the position of the City of Iowa City with respect to the Fred B. and Karen Allen property located north of Interstate 80 and east of Prairie du Chien Road in Johnson County, Iowa. This prop- erty is described in the attached warranty deed from Samuel Hershberger to the Allens. The City Council of Iowa City has authorized me to advise you that the City has no plans to attack the issuance of building permits for this property either now or in the future nor does it intend to attack the legal description used to describe the same. The City is concerned about the fact that a subdivision of land did take place in violation apparently of the pro- visions of Chapter 409 of the Code of Iowa and also perhaps in violation of the provisions of the Johnson County Zoning Ordinance. The assurances given in this letter should not be considered as approval by the City of such conveyances and subdivision of land nor should it be considered as any type of precedent in connection with future situations of this sort. Indeed, the City will in all probability take an active role in trying to make sure that all applicable regulations and laws have been complied with in connection with subdivisions of land both within and without the City over which the City has control. However, with reference to the particular property described above, the City Council does not intend any action with respect thereto. Very truly yours, I E�p t1 FEB `' 1931 !J John W. Hayek JWH:pl ABBIE STOL.FUS, Cr`fl,� CITY CLERK (3) Fel- RESOLUTION NO. 81-36 RESOLUTION ACCEPIING FIVE PARCELS OF RIGHT-OF-WAY FROM IOWA DOT FOR ACCESS AND FRONIAGE ROADS I0 HIGHWAYS 1 AND 518. WHEREAS, the Iowa Department of Transportation and the City of Iowa City entered into a Stipulated Settlement regarding the construction of Highway 518; and WHEREAS, in paragraph seven of that agreement the DOT agreed to acquire and the City agreed to accept the title to right-of-way necessary for the construction access and frontage roads to Highways 1 and 518; and WHEREAS, the DOT has tendered the parcels set forth below to the City for its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY that the following parcels are accepted by the City of Iowa City: Parcel No. Grantor Recording Data Execution Date 16 W.D. Bryn Mawr Heights Development Co. Bk. 535, Pg. 411-413 02-01-79 18 W.D. Raymond J. Rech, et ux. Bk. 535, Pg. 421-423 01-31-79 18 Rel. First National Bank, Iowa City, IA Bk. 538, Pg. 272-274 01-24-79 19 W.D. Louis E. Alley, et ux. Bk. 535, Pg. 414-416 02-01-79 19 Rel. First National Bank, Iowa City, IA Bk. 538, Pg. 269-271 01-24-79 27 W.D. Gary Truman Slager, et al. Bk. 535, Pg. 429-433 01-31-79 39 W.D. Glenn Bontrager Bk. 544, Pg. 277-277 "A" 05-02-79 It was moved by Roberts and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch _ X Neuhauser x Perret x Roberts x Vevera Passed and approved this 24thday of February 1981, % MAYOR ATTEST: CIFY CLERK OF Tpq � P , o� /OWA HIGHWAY DIVISION 800 LINCOLN WAY AMES, IOWA 50010 515-296-1101 December 19, 1980 REF.NO. Johnson FN -1-5(10)--21-52 Iowa City - City Clerk Iowa City - City Hall Iowa City, Iowa 52240 Dear City Clerk: Enclosed with this letter are executed and recorded documents to the City of Iowa City, Iowa, for required right of way. They are shown below by Parcel No., Grantors, Recording Data and Execution Date: Parcel No. Grantor Recording Data Execution Date 16 W.D. Bryn Mowr Heights Development Company Bk. 535, Pg. 411-413 02-01-79 18 W.D. Raymond J. Rech, at ux. Bk. 535, Pg. 421-423 01-31-79 18 Rel. First National Bank, Iowa City, Iowa Bk. 538, Pg. 272-274 01-24-79 19 W.D. Louis E. Alley, et ux. Bk. 535, Pg. 414-416 02-01-79 19 Rel. First National Bank, Iowa City, Iowa Bk. 538, Pg. 269-271 01-24-79 27 W.D. Gary Truman Slager, et al. Bk. 535, Pg. 429-433 01-31-79 39 W.D. Glenn Bontrager Bk. 544, Pg. 277-277"A" 05-02-79 Please submit these documents to the City Council for their acceptance. Please send a copy of the Resolution to me showing their acceptance. Suggestion: The Resolution should identify these documents by the above data. Thank you very kindly. Very truly yours, FAY 0. BLOOMFIELD Right of Way Director By - AV/ Duncan Baird Title and Closing Supervisor FOB:DB:pk Enclosures COMMISSIONERS JULESM.BUSKER BARBARADUNN C. ROGER FAIR DONALD K. GARDNER WILLIAM F. McGRATH ROBERT R. RIGLER Sioux City Des Moines Davenport Cedar Rapids Melrose New Hampton L BRUCE H. VAN DRUFF Red Oak g76 RESOLUTION NAMING RESOLUTION NO. 81-37 Iowa Official Form No. 697 Section 453.2 of the Code ic�e� /,w CP -810995 9/74 Form 97-6 AA.362 BE IT RESOLVED by the______________ CltY__COunlcil--------------------------------------------------------------- of (Insert here board of supervisors, township trustees, board of school directors, city or town council) ----------___City__Qf__Iowa_Ci_ty__,------ tlQbnson ------------- County, Iowa: That we do hereby designate the following named (Insert here county, township, school district, or city or town) banks to be depositories of the------------ lt}r_ of_lowa__Cit ----- (Insert her. county, township, school district, or city or town) ----- funds in amounts not to exceed the amount named opposite each of said designated depositories and the_________ _ _ ____ _ City _ Tre-asllrer------------------------------------------------ is hereby authorized to de - (Insert here county treasurer, township clerk, school district treasurer or city or town treasurer) Posit the____________________ City _0_f_lowa_ city____________ -_______-___funds in amounts not to exceed in the aggregate the (Insert here county, township, school district, or city or town) amounts named for said banks as follows, to -wit Maximum Deposit Maximum Deposit NAME OF DEPOSITORY LOCATION in effect under prior under this resolution resolution ________First_National_Bank_________ __204_E._Washington ($__6,000_,000______) $___8,000,000______ ---------- Hawkeye_State_Bank---------- --- 229 --- St_Dubuque____ ($__6,000,000_-____) $____8,000,000____ --_-__---Iowa_State_Bank_&-Trust__ __10-2_S._Cli_nton__ ($6,000,000 ------ $____8,000,000------ --------------------------------------------- _____---------------------------- ----------------------------- ($-------------------) $--------------- ------- -------------------------- ------------------------------ �$ ----------------------------------------------------------------------- �$ ------------------------------------------------------ �$ --------------------------------------------------------------------- �$ ------------- ---------------------------- ($--- ------) $------------------- --- -------) $---------------------- $----------------- ----- ---------) $----------------------- -------) $---------------------- - -------------------------------- --------------------- $------------- ----- --------------------------------------------- -------------------------- ---------------------> $-------------------- — --------------------------------------------- -------- ($--------------------) $----------------- ----- The vote on the resolution is as follows: AYES: NAYS: Balmer, Erdahl.,__Ly_nch,__Neuhauser,_______None ---------------------------------- ret ---------------- _Fer,_ -Roberts,_ -Vev-a --------------------------e--r---------------------------------------------------------------------------- - ----------------------------------------------------------------------------------------------------------------------- - Dated at---IowaC_i_tY------ ------------ Iowa, this ---24th ---- day of ------Feb ruarY---------------- 19.81, SEAL _/._—C-----------1.•-i��l`�4---�J/-Lt_r_jy,--�=f=`�--- MAYOR NOTE: The foregoing resolution should be certified in duplicate to the Treasurer of State, after approved by him, his findings will be endorsed on one copy, which will be returned to the proper officer for his files. SEC. 453.1. Deposits in General. The pita) commission, board of school directors, re- private bank, as defined in section 524.103. treasurer of state, and of each county, city, spectively; provided, however, that the treasurer SEC. 453.3. Increase Conditionally Pro - town, county public hospital, merged area hos- of state and the treasurer of each political sub- hihited. The maximum amount so permitted pital, memorial hospital and school corpora- division shall invest all funds not needed for to be deposited in a named bank shall not be tion, and each township clerk and each county current operating expenses in time certificates increased except with the approval of the treas- recorder, auditor, sheriff and clerk of the dis- of deposit in banks listed as approved deposi- mer of state. trict court, and each secretary of a school board tories pursuant to this chapter or in invest- SEs. 454.6. Duty of Treasurers. It .shall shall deposit all funds in their hands in such ments permitted by section 452.10. The list of he the duty of all school treasurers, 'city and banks as are first approved by the executive public depositories and the amounts severally town treasurers, and township clerks of the council, hoard of supervisors, city or town coun- deposited therein .shall be a matter of public county to keep on file with the county treasurer cil, board of hospital trustees, memorial hos- record. The term "bank" means a bank or a a list of such depositories. 'BY ),ri.0 Le-3Sil I:t: ,•tea-� � 1v1--�+n/ ?� /tom✓ � lc� Authorization and Issuance Proceedings Iowa City, Iowa February.24, , 1981 The City Council of Iowa City, Iowa, met in formal session on the 94th day of February 1981, at 7:30 o' clock _p.m., at the Council Chambers in the City. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl. Lvnch. Neuhauser Absent: None Perret, Roberts, Vevera The Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds, Series 1981 (Stephens Project) in the principal amount of $100,000, had as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bonds. Council Member Roberts introduced a Resolution entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Stephens Project) of the City of Iowa City, Iowa, in the principal amount of $100,000, to finance the costs of certain equipment and leasehold improvements for Stephens of Iowa City, Inc., an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Stephens of Iowa City, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Neuhauser After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts Vevera, Balmer. =rs None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. on SELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA XQ Upon motion and vote, the meeting adjourned. Attest: G C ' Clerk (Seal) i Z52 �Y4-� ayor -2- BELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA RESOLUTION 81-38 "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Stephens Project) of the City of Iowa City, Iowa, in the principal amount of $100,000, to finance the costs of certain equipment and leasehold improvements for Stephens of Iowa City, Inc., an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Stephens of Iowa City, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Stephens of Iowa City, Inc. (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area designated in such plan; and - WHEREAS, it is necessary and advisable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1981 (Stephens Project) of the Issuer in the principal amount of $100,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of February 1, 1981 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of February 1, 1981 (the "Lender Loan Agreement") by and between the Issuer and Iowa State Bank & Trust Company (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 90 STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 24th day of February , 1981. City Clerk (Seal) BELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DEB MOINES, IOWA L9 3 Section 4. Repayment of Loan. That the Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 5. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire, and equip the Project and the payment by the Company of an amount sufficient to pay the principal of any premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 24th< day of February 1981. ayor Attest: City Clerk (Seal) -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA ` 9-z- WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Project Consistent with Urban Renewal Plan. That the Issuer defray the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a retail facility located within the Urban Renewal Area of the Issuer and consistent with the Urban Renewal Plan by issuing the Bonds and loaning the proceeds from the sale of the Bonds to the Company. Section 2. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $100,000. The Bond shall. be issued as a single Bond in fully registered form, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth in the Lender Loan Agreement and Loan Agreemlyrit. The Bond and the interest thereon does not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom.- Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and `'ity Clerk of the Issuer are hereby authorized and directed to deliver .:-e Scnd to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $100,000, in immediately available funds at the office of the Lender in Iowa City, Iowa shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. -4- BELIN, HARRIS, HELMICK i HEARTNEY, LAWYERS, DES MOINES, IOWA U/ RESOLUTION NO. 81-39 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 Class "B" Beer Permit or liquor control license, to wit: BPO Elks #590 dba BPO elks 11590, 637 Foster Rd. It was moved byL nch and seconded by Vevera that the Resolution as rea e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera k Passed and approved this 10th day of March r 19 81. Attest: RESOLUTION NO. 81-40 RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the City Council of Iowa City, Iowa, authorized the filing of an application with the Department of Transportation for a Grant under the Urban Mass Transportation Act of 1964 as amended on February 25, 1975. (Resolution No. 75-41) WHEREAS, it is the desire of the City Council of Iowa City, Iowa that the original grant application be amended to include additional Purchases, WHEREAS, the amended grant for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 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 financing four mobile radio units, one registering farebox, and one coin sorter. That the City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with application for the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the projects procurement needs. It was moved by Lynch and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this lOtlday of March , 1981. YOR ATTEST: CITY CLERK R_Cefvm)d f, n -'Wid By The bola! 0_-Paeimont S -3 -z X( Budget Revisions/Amendments Approved Project Budget Capital Grant Project No. IA -03-0015 City of Iowa City, Iowa The project budget and corresponding cost estimates are as follows: Project Budget Previous This Revised Line Item Code Description Amount Change Amount 10.01.55 Purchase of twenty 35 -foot $1,296,516 -0- $1,296,516 diesel buses 10.02.04 Purchase and installation of 9 registering fare boxes & 1 coin sorter/counter $13,218 $6,900 $20,118 10.02.08 Purchase & installation of two-way mobile radio units, one base station & antenna. $25,712 $3,160 $28,872 32.00.00 Contingencies $10,234 $(10,060) $174 42.00.00 Estimated Gross Project Cost $1,345,680 -0- $1,345,680 Less Revenue Financing -5,890 -0- -5,890 ESTIMATED PROJECT COST $1,339,790 -0- $1,339,790 Federal Grant (80%) $1,071,832 -0- $1,071,832 Local Share (20%) $267,958 -0- $267,958 RESOLUTION NO. 81-41 RESOLUTION ESTABLISHING A COMMITMENT TO PROVIDE FINANCIAL SUPPORT TO THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, financial support is necessary to assist the participating members in studies and planning, make recommendations to public agencies, coordinate planning for the various governmental units and provide such services as are agreed to by the Johnson County Council of Governments, herein referred to as "JCCOG", and its members; and WHEREAS, Section 1, Article VII of the Amended Articles of Agreement of the JCCOG requires that member agencies adopt a resolution of financial support, including a commitment to contribute the requested assessment for the two succeeding fiscal years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the City does hereby agree to provide financial support to the JCCOG for the fiscal years 1982 and 1983 in an amount agreed upon by the JCCOG and its member agencies upon consideration of the fiscal year budgets for each year. It was moved by Perret and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer Ab s t a inErdah I x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10th day of March 1981. MAYOR ATTEST: CITY CLERK Authorization and Issuance Proceedings Iowa City, Iowa March 10 1 1981 The City Council of Iowa City, Iowa, met in regular session on the 10th day of March 1981, at o'clock P. m., at the Civic Center in the City. The meeting was d called to order anthere were present John R. Balmer Mayor, in the chair, and the following named Council Members: ch. Perrot. Veve Absent: Neuhauser, Roberts The Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds, Series 1981 (Mark Henri Ltd. of Iowa City Project) in the aggregate principal amount of $150,000, had as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bonds. Council Member Lynch introduced a Resolution entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Mark Henri Ltd. of Iowa City Project) of the City of Iowa City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Mark Henri Ltd. of Iowa City, an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa, providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Mark Henri Ltd. of Iowa City providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Perret After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Vevera, Balmer, Erdahl, Lynch, Perrot Nays: Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. 51C BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Upon motion and vote, the meeting adjourned. Attest: Clerk (Seal) Mayor -2- BELIN, HARRIS, HELMICK S HEARTNEY, LAWYERS, DES MOINES, IOWA RESOLUTION 81-43 "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Mark Henri Ltd. of Iowa City Project) of the City of Iowa -City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Mark Henri Ltd. of Iowa City, an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa, providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Mark Henri Ltd. of Iowa City providing for the repayment of the loan of the proceeds of such bond, and related matters", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Mark Henri Ltd. of Iowa City (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area designated in such plan; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1981 (Mark Henri Ltd. of Iowa City Project) of the Issuer in the aggregate principal amount of $150,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of February 1, 1981 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of February 1, 1981 (the "Lender Loan Agreement") by and between the Issuer and First National Bank, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Project Consistent with Urban Renewal Plan. That the Issuer defray the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a retail facility located within the Urban Renewal Area of the Issuer and consistent with the Urban Renewal Plan by issuing the Bonds and loaning the proceeds from the sale of the Bonds to the Company. Section 2. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the aggregate principal amount of $150,000. The Bond shall be issued as a single Bond in fully registered form, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon does not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement 4nd the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $150,000, in immediately available funds at the office of the Lender in Iowa City, Iowa shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. SL ` aELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Section 4. Repayment of Loan. That the Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 5. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire, and equip the Project and the payment by the Company of an amount sufficient to pay the principal of any premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 10th day of March 1981. —�1 ayor Attest: �Q City Clerk (Seal) -5- BELIN. HARRIS, HELMICK & HEARTNffY. LAWYERS, DES MOINES. IOWA STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 10th day of March , 1981. %1 City Clerk (Seal) '.C'. 9ELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA AGENDA REGULAR COUNCIL MEETING MARCH 10, 1981 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Downtown Dedication Week - Week of March 8, 1981. Item No. 3 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council activities of the regular meeting of February 24, 1981, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) United Action for Youth Board meeting of January 21, 1981. (2) Design Review Committee meeting of January 8, 1981. (3) Airport Commission special meeting of February 19, 1981. (4) Airport Commission meeting of February 23, 1981. (5) Senior Center Commission meeting of February 6, 1981. (6) Resources Conservation Commission meeting of January 27, 1981. (7) Planning and Zoning Commission meeting of December 18, 1981. (8) Planning and Zoning Commission meeting of January 15, 1981. (9) Committee on Community Needs special meeting of February 11, 1981. (10) River -front Commission meeting of February 4, 1981. Agenda Regular Council Meeting March 10, 1981 7:30 P.M. Page 2 Item No. 3 cont'd. c. Permit Resolutions and Motions as recommended by the City Clerk. (1) Consider resolution issuing dancing permit. (2) Consider• motion approving Class C Liquor License and Sunday Sales for BPO Elks #590 dba BPO Elks #590, 637 Foster Road. No Smoking Signs Posted. (renewal) (3) Consider• motion approving Class C Liquor License and Sunday Sales for Rugger• -Burns Restaurants, Inc. dba Gringo's, 115 E. College. No Smoking Signs Posted. (renewal) (4) Consider motion approving Class C Liquor License and Sunday Sales for Sheep's Head Limited dba Sheep's Head Cafe, 209 N. Linn Street. No Smoking Signs Posted. (renewal) (5) Consider motion approving Class C Beer Permit and Sunday Sales for Lucky Stores, Inc. dba Eagle Supermarket #157, 600 N. Dodge and Eagle Supermarket #220, 1101 S. Riverside Drive. No Smoking Signs Posted. (renewals) (6) Consider motion approving Class C Beer Permit for Drug Fair, Inc. dba Drug Fair #9, 121 E. Washington. No Smoking Signs Posted. (renewal) d. Correspondence. (1) Letter from Mr. Richard L. Osterman, president of the Iowa City Apartment Association, regarding housing inspection fees. This letter has been referred to the City Manager for reply. (2) Letter from Elderly Services Agency Board of Directors regarding funding. This letter has been referred to the City Manager for reply. (3) Letter from Mr. Tom Hoogerwerf, president of the Chamber of Commerce, commending Council's action to keep Washington Street open between Clinton and Capitol. No reply is necessary. (4) Letter from Wendy Gronbeck, member of the PALS Board, expressing appreciation for the Council's support of the PALS Program. No reply is necessary. Hgenaa Regular Council Meeting March 10, 1981 7:30 P.M. WE No. 3d. cont -d. (5) Letter from Jan Peterson and Janet Martin, of the PALS staff, expressing thanks for the Council's support. No reply is necessary. (6) Memorandum from the Traffic Engineer regarding gate entrance to Oakland Cemetery. END OF CONSENT CALENDAR. Item No. 4 - PLANNING AND ZONING MATTERS. a. Consider a resolution approving the preliminary plat of Linder Valley Subdivision. S-8001. b. Consider a resolution approving the preliminary plat of Deerhill Estates. S-8018. C. Consider a resolution clarifying the intent of the Iowa City Comprehensive Plan for land use, trafficways, and community facilities, with regard to Foster Road. Item No. 5 - PUBLIC DISCUSSION. Item No. 6 - PUBLIC HEARING ON AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM TO PROVIDE FUNDS TO PAY FOR ALL EXPENSES ASSOCIATED WITH THE CITY'S WASTE WATER TREATMENT WORKS. Item No. 7 - CITY COUNCIL APPOINTMENTS. a. Consider recommendation of Project GREEN that Nancy Seiberling be renamed as trustee of the Green Fund of Project GREEN for a three-year term expiring March 1, 1484. Item No. A - CIIY COUNCIL INIORMAI ION. Item No. 9 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 10 - CONSIDER MOTION ACCEPTING PETITION AND WAIVER FOR ADDITIONAL IMPROVEMENTS FOR 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. Item No. 11 - CONSIDER RESOLUTION AMENDING THE RESOLUTION OF NECESSITY FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT AND APPROVING AMENDED PRELIMINARY SCHEDULE. Agenda Regular Council Meeting March 10, 1981 7:30 P.M. Page 4 Item No. 12 - CONSIDER RESOLUTION ACCEPTING THE WORK FOR PART C OF THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. Item No. 13 - CONSIDER RESOLUTION DIRECTING THE ENGINEER TO PREPARE FINAL PLAT AND SCHEDULE OF ASSESSMENTS FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. Item No. 14 - CONSIDER RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964 AS AMENDED. Item No. 15 - CONSIDER RESOLUTION OF FINANCIAL SUPPORT TO THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS (JCCOG). Item No. 16 - CONSIDER RESOLUTION REPEALING RESOLUTION NO. 81-25 AND AUTHORIZING MAYOR TO EXECUTE AND CLERK TO ATTEST AGREEMENTS WHEREBY CITY SHALL CONVEY PORTION OF VACATED LINN STREET TO PHILIP C. CARY AND AUTHORIZING SAID CONVEYANCE WITH RESERVATION OF EASEMENT. Item No. 17 - CONSIDER RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND (MARK HENRI LTD. OF IOWA CITY PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $150,000, TO FINANCE THE COSTS OF CERTAIN EQUIPMENT AND LEASEHOLD IMPROVEMENTS FOR MARK HENRI LTD. OF IOWA CITY, AN IOWA CORPORATION; THE EXECUTION OF A LENDER LOAN AGREEMENT WITH FIRST NATIONAL BANK, IOWA CITY, IOWA, PROVIDING THE TERMS AND SALE OF SUCH BOND; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH MARK HENRI LTD. OF IOWA CITY PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SUCH BOND, AND RELATED MATTERS. Item No. 18 - CONSIDER RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF AN INDUSTRIAL DcVELOPMZNT REVENUE BOND (MICHAEL J'S INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $150,000, TO FINANCE THE COSTS OF CERTAIN EQUIPMENT AND LEASEHOLD IMPROVEMENTS FOR MICHAEL J'S INC., AN IOWA CORPORATION; THE EXECUTION OF A LENDER LOAN AGREEMENT WITH FIRST NATIONAL BANK, IOWA CITY, IOWA, PROVIDING THE TERMS AND SALE OF SUCH BOND; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH MICHAEL J'S INC. PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SUCH BOND, AND RELATED MATTERS. Item No. 19 - CONSIDER A R1SOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1982. Item No. 20 - CONSIDER A RESOLUTION CERTIFYING UNPAID WATER CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Hgenaa Regular Council Meeting March 10, 1981 7:30 P.M. Page 5 Item No. 7.1 - CONSIDER A MOTION SETTING A PUBLIC HEARING ON APRIL 7, 1981, ON AN APPLICATION FOR TWENTY-FIVE ADDITIONAL UNITS OF SECTION 8 EXISTING FAMILY UNITS. Item No. 22 - CONSIDER RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO MAKE APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR 25 FAMILY UNITS UNDER THE SECTION 8 EXISTING HOUSING PROGRAM. Item No. 23 - ADJOURN TO EXECUTIVE SESSION. RESOLUTION NO. 81-42 RESOLUTION REPEALING RESOLUTION NO. 81-25 AND AUTHORIZING MAYOR TO EXECUTE AND CLERK TO ATTEST AGREEMENTS WHEREBY CITY SHALL CONVEY PORTION OF VACATED LINN STREET TO PHILIP C. CARY AND AUTHORIZING SAID CONVEYANCE WITH RESERVATION OF EASEMENT. WHEREAS, the City of Iowa City held a public hearing on February 10, 1981, regarding the proposed disposition of vacated Linn Street right-of-way more particularly described in Exhibit A attached hereto and thereby incorporated herein by reference; and WHEREAS, the conveyance of vacated Linn Street right-of-way will facilitate a settlement in the acquisition of property owned by Mr. Cary and known as Parcel 2 of the Lower Ralston Creek Neighborhood Revitalization Project; and WHEREAS, the aforementioned Linn Street right-of-way has been valued at $32,000 by a qualified, independent appraiser; and WHEREAS, the City Council did approve Resolution No. 81-25 for said conveyance which was in error and should therefore be repealed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That Resolution No. 81-25 should be and is hereby repealed 2. That the Mayor is hereby authorized to execute and the Clerk to attest an Agreement whereby the City shall convey a portion of vacated Linn Street to Philip Cary in consideration of settlement of the Lower Ralston Creek Improvements Project, to -wit Parcel No. 2. 3. That the Mayor is authorized to execute and the Clerk to attest transfer documents to convey property described in Exhibit A to Philip C. Cary for a sum of $32,000, with reservation of easement rights in the City for sanitary sewer purposes. 4. That the Mayor is hereby authorized to execute the conveyance of a utility easement to Iowa -Illinois Gas & Electric Company over that portion of the above-named parcel described in Exhibit C, needed to protect said utility after conveyance. Resolution Ni 81-42 Page 2 It was moved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser x Perret _ x Roberts x Vevera Passed and approved this 10th day of March 1981. r AYOR ATTEST:/JJ Cz Q CITY CLERK Received & Approved By T� I.L.al i:sr.,;�r,3ar: 3-6-2 Authorization and Issuance Proceedings Iowa City, Iowa March 10 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 10th day of March 1981, at 7:30 o'clock P.m., at the Civic Center in the City. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Perret Vevera Absent: Neuhauser, Roberts The Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds, Series 1981 (Michael J's Inc. Project) in the aggregate principal amount of $150,000, had as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bonds. Council Member Vevera introduced a Resolution entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Michael J's Inc. Project) of the City of Iowa City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Michael J's Inc., an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Michael J's Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Erdahl After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Balmer, Erdahl, Lynch, Perret, Vevera Nays: Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS. DES MOINES, IOWA /D Upon motion and vote, the meeting adjourned. /> Mayor -- Attest: cm(; Clerk (Seal) -z- pp BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA /O RESOLUTION 81-44 "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Michael J's Inc. Project) of the City of Iowa City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Michael J's Inc., an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Michael J's Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Michael J's Inc. (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area designated in such plan; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1981 (Michael J's Inc. Project) of the Issuer in the aggregate principal amount of $150,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of February 1, 1981 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of February 1, 1981 (the "Lender Loan Agreement") by and between the Issuer and First National Bank, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and BELIN, HARRIS, HELMICK & HEART EY, LAWYERS, DES MOINES, IOWA �/� WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Project Consistent with Urban Renewal Plan. That the Issuer defray the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a retail facility located within the Urban Renewal Area of the Issuer and consistent with the Urban Renewal Plan by issuing the Bonds and loaning the proceeds from the sale of the Bonds to the Company. Section 2. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the aggregate principal amount of $150,000. The Bond shall be issued as a single Bond in fully registered form, and shall be dated as of the date Of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon does not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $150,000, in immediately available funds at the office of the Lender in Iowa City, Iowa shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. -4- ISELIN. HARRIS. HELMICK & HEARTNEY. LAWYERS. DES MOINES. IOWA /// Section 4. Repayment of Loan. That the Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 5. Loan Agreement. In order to provide for the loan of - the proceeds of the Bond to acquire, and equip the Project and the payment by the Company of an amount sufficient to pay the principal of. any premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 10th day of March payor Attest: — OX 1, City Clerk (Seal) 1981. eELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA //� STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned,.do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 10th day of March 1981. City Clerk (Seal) Q. BELIN. HARRIS. HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA /13" RECORD OF PUBLIC HEARING AND ADOPTION OF BUDGET On ____February 24 _ 1981, the Council of the City of Iowa Ci ty, Iowa met for the purpose of conducting a public hearing on the proposed 198182 Budget as published (posted). A quorum was present. Notice of time and place of hearing had been published on February 19 1981, in the -- ....Iowa City Press Citizen and the affidavit of publication was available to file with the County Auditor. 1W* Notice of the time and place of hearing had been posted on in the following locations: 1981, The budget estimate was considered and taxpayers and citizens heard for and against said estimate as follows: ..lva._Hi11eman re housing inspection fees; Marian Van Fossen, Martha Barker Pam--Ramser, re Elderly Services Agency; Wendy Grombeck and Janet Martin re PALS; Bru.cA.Hagemann_,_.representinq Student Senate, re Crisis Center; John Suchomel re Domestic.. Violence Program; Bob Welsh re Human Services, school crossing -guards, .....................................................................................................:......................... Senior, Center, snow removal downtown; Harold Bechtoidt re traffic signs and signals. ..............._ ................................... __.......................................................................... Letters__ from. Elderly Services re funding and Peter Harstad, Iowa State Historical Society, re Gilbert Street/Iowa Avenue in�erseciion placed'ori file....._ ------ ------------- After giving opportunity for all desiring to be heard, the Council, on March 10, 1981, adopted the following budget resolution: Resolution No...-. 81_-45-_._..__ A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1982. Be It Resolved by the Council of the City of ........Iowa City .............. Iowa: The annual budget for the fiscal year ending June 30, 1982, as set forth in the Budget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appro- priation expenditures and allocations to programs and activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up his books in accordance with the summary and details as adopted. Passed and approved on...........March 10 1981, by the following vote: (List names.) Ayes:. Perret, Nays: none ........._.................................. •---- ._____yevera= Balmer ABSENT: ...... N r Racelved $ lt;,pacvad By The Legal Ce:�artma S 3—s -e/ .Trz— Feem 635 (sheet 1) ne . W...u,A. c... IT. IOWA ADOPTED BUDGET CERTIFICATE OF CITY TAXES Fiscal Year July 1, 1981 - June 30, 1982 CITYOF..................IOWA CITY ......................................................... --------- --- ------------- Population 50,489 --- P r e 1. (I11/91 Census) CERTIFICATION To: County Auditor and Board of Supervisors of ---------- ------ J.QHNS ON----------------------------............-------------------.-------...County, Iowa. At a meeting of the City Council, held after public hearing as required by law, on_ ...............---------- ----------- ----------------------------------------------1 1981, the proposed Budget for July 1, 1981 -June 30, 1982, was adopted as summarized and attached hereto and tax levies voted on all taxable property of this City. Authorization for write-in or capital improvement levies: Levy Code Citation Election (If Required) Held On Month Day Year Conditions, If Any Relating to Levy County County County There is attached a General Obligation Bond Schedule Form 703 for the debt service needs. (If any.) There is attached a copy of the detailed city budget as adopted (minimum requirements are Budget Preparation Forms 2 and 3). ; Telephone /s/------ .cam ------_ I Clerk Area Code (.319_ ) _356__ 5040 Address _410 East WashingtonZip 52240 This Section reserved for County Auditor's Use A. Moneys and Credits General Fund Tax Asking (Box 252) Less, M & C deduction (Box 051) Net General Fund Tax Asking Net General Fund Tax Levy (Box 052) B. 100io valuations as of January 1, 1980 Regular (Subject to $8.10 Limit) Agricultural Land (Subject to 3.00375 Limit) GRAND TOTAL DISTRIBUTION OF TOTAL" County County County W If located in more than one county, give separate valuation for each county. Valuation for Incremental Financing........ . ❑ Proof of Publication Filed and compared /s/_ FILING File two copies of the Certification and supporting documents and one copy of the proof of publica- tion or an affidavit of posting with the County Auditor by March 16, 1981. Complete statement on reverse side of this certification. CERTIFICATION APPROVED AND FILED IN STATE COMPTROLLER'S OFFICE 0 (OVER) Budget Diviaion Printers fee $0.8-21 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,sa: THE IOWA CITY PRESS -CITIZEN 1. 3ronwyn S. McClure, being duly sworn, ay that I am the cashier of the IOWA .:ITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, n printed conv of which is hereto attached, was published in said paper l n time(s), on the following vI�FIy �c ) 2ss aj A l7 I % Cashier Subscribed and sworn to before me thipps,,3r�-d day ofn(a4,r1_0A.D. 1991 . Notary Public No.tISL$6 SKU014 STUBBS io OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION CE OF PUBLIC HEARING UDGET ESTIMATE tl l year July 1. 1981 — June 30, 1982 $I[PENDIIUBGJtnrrnvrntn. w�.a :Tba city Council will conduct • public baring on the prapaw4'1114fa -- 22 - East Washington Street, Civ1E Center 833 88H....�tHealth, = February 24 lgBl. m• Th. Budget Eetimace Summary of ptopowd recaipa and of the '=detailed proposed 1981.1982 Budget may be obualeed or rW.ad U *a clerk and tat the city library. IP Z41 � Tba estimated tax levy per $1000 valuation an regvly p raperty la -✓ :The estimated tax levy on agricultural land only. Par $1000 rain Wen N 22{v7k,-. O09_ At the public hearing. any resident or taxpayer they prwnt Wjw{MM tgaA, hKor of. any • part of the proposed budget. 117'anmg.t February 17 -1981 W %::j City Cirri, • CITY BUDGET ESTIMATE 9UMMAxT:..:• - - _ FOR CURRENT GOVERNMENTAL AND FIDt7CtA1ty 3.095,68, iESOGItCEB: rvA biorw_ ..a,at Taal Beginning Fund B.I..m 1,624,228 1 - '7 266 locome other nun P,op.tT Ta 5,901,508 --LIZ 47 := gate Shead seven. 1.917 690 • 1 -- 031.524 Rorty T.. AsNng 6 214 1 71 `.. 02 216 _ 15.657 533-T9.611-,PiY ,477,953 ` L.: world" B.Iec.I9ae.vasl• 1,348,163 1,770.7 .25 592 _ Nat geaanma for Ezpevdaurm 14.309.370 17,64 '. 696 361 •lrcltidw,.vs!wdbmeu. inw•a.vt 44M.1 l 735.908 1•t 84.000 r t® _ $I[PENDIIUBGJtnrrnvrntn. w�.a TrciBe Way. StiaetLighu.& -- 22 ate. 833 88H....�tHealth, labrary, R"tio, Parts, etc. 5 786 e2 14Cmm..ltl Fivbo.ma.t:Drai a17840645 .^ GarbCamatrY. SSM-+.BD,,,e"'B1°ae��°Ly FF::CO°O�c `1.593.482 9 131,958 117'anmg.t Policy .ad Adminw .doe Tom E.Perne APProprietiom5 3.095,68, 9 131 958 947Tom E.Peed+wr Appmpr�Uone 14,309,'i,49fi, 361 Irma SPECIAL NOTICE --FEDERAL REVENUE SHARING: The foregoing proposed budget includes all operating funds of the`city including -the federal revenue sharing fund, whose resources and proposed uses are specifi- cally allocated as follows: Unappropriated revenue sharing fund balance S 97,620 1981-1982 revenue sharing entitlement ... 594,000 Total resources to be appropriated ... S 691,620 To the following uses: - Community Protection ... $ 90,000 Human Development ... -- - Home & Community Environment ... 485,485 Policy & Administration ... 116,135 All citizens (especially senior citizens) are,invited to attend the hearing and/or to inspect prior to the meeting the detailed budget on file. 1. FOR CURRENT PROPRIETARY OPERATIONS (Water, Sewer, Airport, Transit, Refuse. Collection, Landfill, Parkin4) vnsvter10N6� mmamcyy Pmactba Sveet Lighung. etc -- '- Development P.rYa W. P.rk% Home a Cemmuvity Ev,.'vovmedt unlity SRVC89. ECanOm% Development, ea. 5,579,830 9 131,958 7,877,494 Policy .ad Adminw .doe Tom E.Perne APProprietiom5 579 830 9 131 958 7 877 494 February 19.,1981 TO THE HONORABLE MAYOR AND CITY COUNCIL OF IOWA CITY, IOWA: I am submitting herewith a list of the delinquent sewer rental, water and refuse accounts; a description of the premises where such delinquent accounts were incurred; together with the name of the owner thereof, for certification to the County Auditor to be collected as regular taxes as by statute provided. A certified notice has been mailed to each owner listed notifying him/her of the action to be taken, and of his/her right to speak before the Council on this matter. A resolution is attached requesting certification to the County Auditor. Respectfully submitted, Director Department of Finance 116 RESOLUTION NO. 81-46 RESOLUTION CERTIFYING UNPAID WATER CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, chapter 33-167, Code of Ordinances of the City of Iowa City, Iowa, provides that the City Council may certify unpaid water charges to the county auditor for collection in the same manner as a property tax, and WHEREAS, there exist unpaid water charges for the owners and properties, and in the amounts, as specified in exhibit A, attached to this resolution and by this reference made a part hereof, and WHEREAS, the Council finds that each property owner has received written notice by certified mail, return receipt requested of a hearing to be held before the City Council at 7:30 P.M. on March 10, 1981, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at which time the property owner may be heard concerning the water charge. 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 charges as stated in exhibit A attached, to the Auditor of Johnson County, Iowa, for collection in the same manner as a property tax. It was moved by Vevera and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch _ x Neuhauser X Perret _ x Roberts X Vevera Passed and approved this 10th ATTEST:2�! CITY CLERK Of March , 1981. i9y T e Le3al Ua• anncat 02-0896-2 Delinquent Acct: Max Yocum, 913 N. Gilbert Owner: Patty Yocum Description: Lot 3 Gilbert Woods Addition 02-00896-3 Delinquent Acct: Arthur Kuller, 913 N. Gilbert Owner: Patty Yocum Description: Lot 3 Gilbert Woods Addition 02-01180-6 Delinquent Acct: Marshall Getscher, 431 N. Van Buren Owner: Mary Noel Cline & Kaye A. Richardson Description: E 50' of N 75' of Lot 1 Block 49 OT 02-1250-0 Delinquent Acct: Don Garlock, 726 N. Van Buren Owner: Ruth E. & J. Paul Frazier Description: S 50' N 100' Lot 4 Block 33 OT Water $ 32.53 Sewer 14.53 47.06 Water $ 27.27 Sewer 11.34 Refuse 2.00 40.61 Water $ 22.45 Sewer 8.37 Refuse 4.00 34.82 Water $ 15.74 Sewer 5.94 21.68 . .. ' 'aa - i. e- 03 -0}9}7-0--r aent Aeet: 1l c ,o nn g aw}��n�eF��'-Mgi;�� N BedQe Wai;e�.�-� 9wne�Wi444-am-Po4e-r-t ui+k Qesee-i-pts-ori-W-5�-�N �5-ef 6e�3 & N 7�' of 26.93 94-20995-9—Be-1-ingaeert Aeet.-BorrB�kQy ; gg5-N-6s+t 4 Owner--Franc-ice & E. E. l+1t Sewer�4 7� [3eac-ripi=i-ort'-Eot-��--Bac-on5�d of R1=BlaeleTBA R@fdse 2--00 &ewey'-s-Add i -t i o 04-02245-3 Delinquent Acct: Rick Dehn, 530 Kimball Rd. Water $ 9.17 Owner: James Grolmus Sewer 2.86 Description: Part of Lot 38 SO SEz Sec. 12.03 (E-02805-4—Gel-i-nquerrt-Aeet: Sugefre-Meere, 846 St IFnn-s Br _+�r�s9 81 Owner, -Robert-+-. & a-rtht . Bross Sewe -6-42 /7'f E 1• i`1 Delinquent ` • 1 •. 1. !S • it •. i _ 10-06380-1 Delinquent Acct: Joe Tuttle, 640 S. Lucas Water $ 10.14 Owner: Annie R. & Glenn Jr. Tuttle Sewer 3.32 Description: S 33.33' Lot 5 & N 6.66' Lot 6 Block 1 13.46 Strohms Add. 10-06480-1 Delinquent Acct: Walter Rapinchuk, 324 S. Lucas Water $ 5.56 Owner: Walter Rapinchuk & Becky L. Nicholson Sewer 1.89 Description: N 80' of S 160' of W 160' OL 29 OT 7.45 1A-06485=2—De-I4nque4t-AGG —RFU-T�i$ber 7-,-��°-�Laca3 Water "I C 51 (}wwner-=Gha l-es-&-Susan-HoplAFrs Sewer1.6-2- n —..; ^-moi nn• c nn� ni onn1 1.1 coni n„+ i „+ oo n -r i a+ c _ o 0 ,,. y „. ..�. I . 11-y'l Desc-r-ipti-on—N-ZLo-t-1-0-B-1-oGk-2-GH-Ber-r-yh-i4ls 2nd Add. Carol McLaughlin, 625 Fourth Ave. 4-3-411- 11-6995-4 Delinquent Acct: David Sand, 437 S. Summit Water $ 24.55 Owner: Peter Todd Lewis & Heimina Prieto Lewis Sewer 8.64 Description: SZ Lot 15 & N 20' Lot 14 Block 2 CH Refuse 4.00 Berryhills 2nd Add. To Pee Rentals, 2223 F Street 37.19 13-7775-7 Delinquent Acct: Burton Frantz, 1125 Hotz Water $ 20.35 Owner: Elyse Frantz Sewer 7.88 Description: W 50.14' of Lot 23 Rapall P1. 28.23 1~3- 905--4—De-14nquentAee-t--Je-f randsen; 1-0� P�rs�ns Aye. Owner! Hebert o. Betty J. Kaeena Wa+^ Q "-93 or Bes&r+ptro-n-:—Beg---I537—E-&-663'—S-o-f-NW-Eer�SWrSee Sewer Re€use 9.24 4-00 15-10375-1 Delinquent Acct: Carol McLaughlin, 625 Fourth Ave. Water $ 0.00 Owner: William K. Good Sewer 7.81 Description: Lot 3 Block 36 EIC 7.81 16-11435-2 Delinquent Acct: To Pee Rentals, 2223 F Street Water $ 5.79 Owner: Robert K. Gibson Sewer 2.24 Description: Nz W 53.33' Lot 2 Block 6 EIC 8.03 1/9 19-13030-1—De I inquent- Acc-t---Deo-ight Fr-antz; 42-5-rr-es-tview 'rater -$-19-E3. Ownerv—A-l-an-Donkne Sewer 3.78 Des eription;—L-ot--54 --- Gourt 1P-1-1-Adrf o 27-18851-0 Delinquent Acct: Eric Graeve, 1026 Friendly Ave. Water $ 0.00 Owner: Marion L. & Alice C. Wood Sewer 2.34 Description: Lot 10 Block 3 Sunnyside Add. Refuse 4.00 6.34 34-24425-2---De14-nquent Acct. Dav}d-Hayes 102-7 Shar-i-dan Westar -.$-11 7-0 [�eser�4pt�-on=Lot 4-B4ock-N2egans�s-tAdd. --..-. g; 7r 3§=X5265-6—Del i-RquentAec-—Pkri4-McOa Bwner=L-ee-I—&-D--Evonne-F-i-s-Fier �ewer�-35 DeseriptieFl—L oc-k-l-Runde-l-1 Re#dse— 1� 37-27015-8 Delinquent Acct: Jerry Reller, 826 7th Ave. S Water $ 0.00 Owner: Blanche V. Dunshee Sewer 0.00 Description: Sz of Lot 6 Block 48 OT Refuse 5.19 5.19 49-28780-8—Del-inquent Acc-t,--x3-ii"c4ntesh-625-Io 40-29130-1 Delinquent Acct: Maid Rite Corner, 630 Iowa Ave. Water $ 55.87 Owner: Gerald L. Meester from Kelly Sewer 30.24 Description: S 50' Lot 8 Block 25 OT 86.11 42-3B3-J-2-8—Deo-i-RgttefrtRc-et=Atige-l-a-�IFiRn �0�6 +,,., � �-+ x �� , � 9wRe r=A;-i�s-R, rteR-i-a-4i-oez. 56 Bes£ript€on�Lo�BFock-2-P}easarr{ll Add b8 �}3-30910 Z—Be}inquenl-Aeet: RrmaR �^„ E Davenpeet Watar $ 441 Owner `Lowe11�}—ot1Rtrt{i-[-EeiehtS� Sewer ----1-.-3 -5 $escrip-tvivn—Lo-t�-B� oeiF BT 5-76 �`��—Bea i ngaerrtAeEt :-4�i4 l i a Welsh , 21-,:a5 rn,gteR pl. Water $ nn •' ewer 9-00 wner�,�„-am�leti � Best-y4p-ti-er . t 4-Was44ngt-on-W aEee-e eeptS 20' 3-09. 48-34378-1 Delinquent Acct: Mark McClellan, 630 Wheaton Rd. Water $ 12.75 Owner: J. Robinson Sewer 4.93 Description: Lot 50 Westgate Add. 17.68 1,26 LI 50-85990--4-DeI+ngtrerrt--Acc-t-=---&teve-L-ean ng 1183-6-H let. Water -$--2O-31 Owner-�%,ia City Hous4g- Iac. Sewer 5 6-7 Deser-iption: A41 Lots 3 a- 4 $a-Gsk-Mo1Pi-n�de-Add. Reese -4-o0 29.98 52-37855-3 Delinquent Acct: Luther Trent, 9 E. Prentiss Water $ 8.76 Owner: Luther Trent Sewer 2.67 Description: Beg at SG Prentiss 'St. 30' W NE Cor 11.43 Lot 8 Block 12 CSA Walong SL 35 32' S 1°27 Min. 100' SE to Pt 108' S & S 1°27 Min. E of Beg N 1-4 108' to Beg. 57-41660-2 Delinquent Acct: Cheryl Bates, 812 Hudson Water $ 24.18 Owner: Michael J. & Deborah A. Williams Sewer 9.18 Description: S 50' Lots 1 & 2 & 3 Bailey & Beck Add. Refuse 4.00 37.36 59-43871-2 Delinquent Acct: Jeff Hissink, 207 Myrtle Water $ 7.66 Owner: Myrtle Ave. Prop. Sewer 2.16 Description: Lot B Strickler 9.82 66-47870-0 Delinquent Acct: Floreen Olson, 2445 Nevada Water $ 13.72 Owner: Floreen Olson Sewer 3.59 Description: Lot 118 Lakeside Add. Refuse 4.00 21.31 68-49440-4 Delinquent Acct: Lons Gas & Groc., 105 E. Burlington Water $ 12.86 Owner: Norman & Laverne Spenler Sewer 12.02 Description: Com NW Cor of Lot 85 80' E 150' N 12' 24.88 W 75' N 41' E 2-1/6' N 27' W 79-1/6' to Beg Block 102 OT 73-53124-1 Delinquent Acct: Kevin Bryant, 412 Westgate Water $ 13.93 Owner: Ali Sabbagh & Revjani Sewer 5.38 Description: Lot 25 19.31 77-56041-1 Delinquent Acct: Earl Rosentangle, 2122 Taylor Water $ 6.51 Owner: Gregory A. Apel Sewer 1.62 Description: Lot 298 Part Five Hollywood Manor Add. 8.13 78-56877-5 Delinquent Acct: Linda Legvold, 877 Woodside Dr. Water $ 8.37 Owner: L. L. Consamus Sewer 2.51 Description: Lot 1-10 Blane Roc. Add. 10.91 83-60669-0 Delinquent Acct: Robert K. Norton, Jr., 345 Samoa Dr. Water $ 18.01 Owner: Gene Kroeger Sewer 4.59 Description: Bldg. A Unit 3 Westwinds Condo. 22.60 1.2/ RESOLUTION NO. 81-47 RESOLUTION AUTHORIZING APPLICATION FOR 25 FAMILY UNITS UNDER THE SECTION 8 EXISTING HOUSING PROGRAM AND REQUESTING FUNDS WHEREAS, the Iowa City Housing Commission has undertaken a study to determine the need for housing for low income families and has determined that such a need does exist and has recommended that the City Council make application for funds for such a program, and WHEREAS, the Iowa City Housing Authority has received an invitation from the Department of Housing and Urban Development to submit an additional application to administer a Section 8 Existing Housing Program, and WHEREAS, Iowa City presently has a contract under the Section 8 Existing Housing Program, Contract No. KC 9033-E, with the Department of Housing and Urban Development, and wishes to expand this program. 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 make application to the Department of Housing and Urban Development for twenty-five (25) units of low-income family housing under the Section 8 Housing Assistance Payments Plan. 2. That said application shall be a request for funds under the Section 8 Housing Assistance Payments Plan for existing units. 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. It was moved by Erdahl and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch _ x Neuhauser X Perret _ x Roberts X Vevera Perret the Passed and approved this 10th day of March 1981. �77 -�— I IAYO R ATTEST: C.%{4_ CITY CLERK RESOLUTION NO. 81-48 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 Class "B" Beer Permit or liquor control license, to wit: James E. Burmeister dba Silver Saddle, 1200 Gilbert Ct. It was moved by Roberts and seconded by that the Resolution as read e adopted, and upon roll call here were: AYES: NAYS: ABSENT: Balmer x L n x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 24th day of march 19 81. Attest: /073 RESOLUTION NO. 81-49 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTLdATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE II DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT— ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 7th day of April , 19 81 , 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 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 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 Roberts and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 24th day of ATTEST: March 19 81 RESOLUTION NO. 81-50 RESOLUTION NOT TO AMEND THE IOWA CITY COMPREHENSIVE PLAN FOR LAND USE, TRAFFICWAYS, AND COMMUNITY FACILITIES WITH REGARD TO FOSTER ROAD. WHEREAS, a petition was submitted to the City Council requesting that the Iowa City Comprehensive Plan be amended deleting Foster Road between North Dubuque Street and North Dodge Street (Iowa Highway 1); and WHEREAS, the Planning and Zoning Commission and the City Council have held public hearings as required for matters relating to the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the following be adopted by the City Council: 1. Foster Road between North Dubuque Street and North Dodge Street (Iowa Highway 1) remain a part of the Iowa City Comprehensive Plan and of the Comprehensive Plan Map for landuse, trafficways, and community facilities; and 2. Foster Road between Prairie du Chien Road and North Dubuque Road (Iowa Highway 1) will again be considered for possible deletion from the Comprehensive Plan upon a determination that it is not needed to relieve traffic problems within the area.. It was moved by Roberts and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ X Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th da of March�1981. AYOR ATTEST: CITY CLERK Received & Approved By T Legal Department Vevera the /tz✓ RESOLUTION NO. 81-51 RESOLUTION DIRECTING THE REMOVAL OF THE PARKING PROHIBITION ON THE SOUTH SIDE OF VILLAGE ROAD AT THE INTERSECTION OF VILLAGE ROAD WITH VILLAGE GREEN BOULEVARD EAST TO THE EASTERLY TERMINUS OF VILLAGE ROAD WHEREAS, the City Council deems it to be in the public interest to remove the parking prohibition on the south side of Village Road east of the intersection of Village Road with Village Green Boulevard to the eastern terminus of Village Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Traffic Engineer is directed to remove the existing No Parking Any Time signs presently installed in this area. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl x Lynch _ X Neuhauser X Perret X Roberts X Vevera Passed and approved this 24th day of March , 1981. YOR ATTEST: M - Ree l"d It Approvnd By The 1 al Itepartrnent .� L RESOLUTION NO. 81-52 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE DEVELOPMENT (ALL A PORTION OF ELM GROVE PARK). WHEREAS, the Parks and Recreation Commission has recommended that Elm Grove Park be sold, with the option of selling only the eastern portion or the entire property; WHEREAS, the City Council desires to sell all or a portion of Elm Grove Park for private development; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the City Manager is hereby authorized and directed to solicit offers to purchase all, or a portion of, the Elm Grove Park site for private development. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation of,offers to purchase Elm Grove Park for private development. It was moved by Neuhauser and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of March 1981. AYOR ATTEST:Jc CITY CLERK Reeeived & Approved Lega Department 3 S 8 /R 7 RESOLUTION NO. 81-53 RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE PARKS AND RECREATION DEPARTMENT - PARKS DIVISION. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for FY81, authorizes all permanent positions, 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 responsibilities performed, and WHEREAS, the duties normally performed by a Maintenance Worker III are currently being performed by an employee classified as Maintenance Worker II, and performance of such duties is necessary to departmental operations, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Parks & Recreation Department - Parks Division be amended as follows: 1. The removal of one full-time MW II position. 2. The addition of one MW III position. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret _ x Roberts x Vevera Passed and approved this 24th day of March 1981. AYOR ATTEST: CITY CLERK By The Legal Uc�afiaaaoi /'? f City of Iowa CL, MEMORANDUM Date: March 24, 1981 To: Members of City Council From: Anne Carroll, Director of Human Relations Re: Reclassification Cost Reclassifications, if approved by the City Council, will be retroactive to the date that the reclassification request was received and investigated by the Human Relations Department. Reclassification will not result in any change in the number of budgeted personnel, only their classification. Parks & Recreation - Parks Division Maintenance Worker II reclassified to MW III retroactive to November 1, 1980, which will result in increased cost of $675 in FY81 and' increased annual costs of $1,069 for FY82. Following this reclassification personnel in the Parks division will include: 1 Parks Superintendent 3 Sr. Maintenance Worker 4 MW III 4 MW II 1MWI In 1977, the Parks and Recreation Department voluntarily reduced one MW III position to MW I following a retirement, because there was no longer an employee with the qualifications to fill the position. Parks & Recreation - Recreation Division MW I reclassified to MW II retroactive to November 1, 1980, which will result in increased cost of $905 in FY81 and increased annual cost of $1,469 in FY82. Following this reclassification maintenance personnel in the Recreation Division (including Government Buildings) will include: 1 Sr. Maintenance Worker 1 MW II 2MWI In 1976, Parks and Recreation Department voluntarily reduced two MW II positions to MW I because the MW II skill level was not deemed necessary at that time. IR 9 City Clerk's Office Deputy City Clerk, Range 6 reclassified to Range 7, retroactive to November 1, 1980, which will result in increased cost of $313 in FY81 and increased annual cost of $534 for FY82. Finance Department - Parking Division MW II reclassified to MW III, retroactive to March 1, 1981, which will result in increased cost of $338 for FY81 and increased annual cost of $1,069 for FY82. Following this reclassification maintenance personnel in the Parking Division will include: 2 MW III 2 MW II 1MWI Finance Department - Equipment Service Division MW III reclassified to Mechanic I, retroactive to December 1, 1980 which will result in increased cost of $310 in FY81 and increased annual cost of $576 for FY82. Following reclassification, personnel in the Equipment Service Division will include: 1 Equipment Supt. 1 Shop Supervisor 2 Sr. Mechanics 2 Mechanic II 5 Mechanic I 2 MW III 1 Parts Clerk bj2/16-17 RESOLUTION NO. 81-54 RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE PARKS AND RECREATION DEPARTMENT - RECREATION DIVISION. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for FY81 authorizes all permanent positions, 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 responsibilities performed, and WHEREAS, the duties normally performed by a Maintenance Worker II are currently being performed by an employee classified as Maintenance Worker I, and performance of such duties is necessary to departmental operations, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Parks & Recreation Department - Recreation Division be amended as follows: 1. The removal of one full-time MW I position. 2. The addition of one MW II position. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of March , 1981. ATTEST: �:,�� �� _,�� �c-�� C TY CLERK Received & Agprcveu B Th Legal Depetfmnttt - :"AOR /30 City of Iowa CI .Y e •,r,, .Y1111i ,,, Date: March 24, 1981 To: Members of City Council From: Anne Carroll, Director of Human Relations Re: Reclassification Cost Reclassifications, if approved by the City Council, will be retroactive to the date that the reclassification request was received and investigated by the Human Relations Department. Reclassification will not result in any change in the number of budgeted personnel, only their classification. Parks & Recreation - Parks Division Maintenance Worker II reclassified to MW III retroactive to November 1, 1980, which will result in increased cost of $675 in FY81 and' increased annual costs of $1,069 for FY82. Following this reclassification personnel in the Parks division will include: 1 Parks Superintendent 3 Sr. Maintenance Worker 4 MW III 4MWII 1MW I In 1977, the Parks and Recreation Department voluntarily reduced one MW III position to MW I following a retirement, because there was no longer an employee with the qualifications to fill the position. Parks & Recreation - Recreation Division MW I reclassified to MW II retroactive to November 1, 1980, which will result in increased cost of $905 in FY81 and increased annual cost of $1,469 in FY82. Following this reclassification maintenance personnel in the Recreation Division (including Government Buildings) will include: 1 Sr. Maintenance Worker 1MWII 2MWI In 1976, Parks and Recreation Department voluntarily reduced two MW II positions to MW I because the MW II skill level was not deemed necessary at that time. /3/ Citv Clerk's Office Deputy City Clerk, Range 6 reclassified to Range 7, retroactive to November 1, 1980, which will result in increased cost of $313 in FY81 and increased annual cost of $534 for FY82. Finance Department - Parking Division MW II reclassified to MW III, retroactive to March 1, 1981, which will result in increased cost of $338 for FY81 and increased annual cost of $1,069 for FY82. Following this reclassification maintenance personnel in the Parking Division will include: 2 MW III 2 MW II 1 M I Finance Department - Equipment Service Division MW III reclassified to Mechanic I, retroactive to December 1, 1980 which will result in increased cost of $310 in FY81 and increased annual cost of $576 for FY82. Following reclassification, personnel in the Equipment Service Division will include: 1 Equipment Supt. 1 Shop Supervisor 2 Sr. Mechanics 2 Mechanic II 5 Mechanic I 2 MW III 1 Parts Clerk bj2/16-17 RESOLUTION NO. 81-55 RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE CITY CLERK'S OFFICE. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for FY81 authorizes all permanent positions, 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 responsibilities performed, and WHEREAS, the duties performed by the Deputy City Clerk reflect a degree of responsibility and require skills comparable to those performed in positions afforded higher classifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the City Clerk's Office be amended as follows: The reclassification of the position of Deputy City Clerk from Range 6 to Range 7 of the confidential pay plan. It was moved by Neuhauser and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24thday of March 1981. // 4nY 0 R ATTEST: (.�l /.� & �fy� CITY CLERK Receives: By The Legal \-� � Uelx J 13.2- City of Iowa CI Date: March 24, 1981 To: Members of City Council From: Anne Carroll, Director of Human Relations Re: Reclassification Cost Reclassifications, if approved by the City Council, will be retroactive to the date that the reclassification request was received and investigated by the Human Relations Department. Reclassification will not result in any change in the number of budgeted personnel, only their classification. Parks & Recreation - Parks Division Maintenance Worker II reclassified to MW III retroactive to November 1, 1980, which will result in increased cost of $675 in FY81 and' increased annual costs of $1,069 for FY82. Following this reclassification personnel in the Parks division will include: 1 Parks Superintendent 3 Sr. Maintenance Worker 4 MW III 4 MW II 1MWI In 1977, the Parks and Recreation Department voluntarily reduced one MW III position to MW I following a retirement, because there was no longer an employee with the qualifications to fill the position. Parks & Recreation - Recreation Division MW I reclassified to MW II retroactive to November 1, 1980, which will result in increased cost of $905 in FY81 and increased annual cost of $1,469 in FY82. Following this reclassification maintenance personnel in the Recreation Division (including Government Buildings) will include: 1 Sr. Maintenance Worker 1MWII 2MWI In 1976, Parks and Recreation Department voluntarily reduced two MW II positions to MW I because the MW II skill level was not deemed necessary at that time. /33 Citv Clerk's Office Deputy City Clerk, Range 6 reclassified to Range 7, retroactive to November 1, 1980, which will result in increased cost of $313 in FY81 and increased annual cost of $534 for FY82. Finance Department - Parking Division MW II reclassified to MW III, retroactive to March 1, 1981, which will result in increased cost of $338 for FY81 and increased annual cost of $1,069 for FY82. Following this reclassification maintenance personnel in the Parking Division will include: 2 MW III 2 MW II I MW I Finance Department - Equipment Service Division MW III reclassified to Mechanic I, retroactive to December 1, 1980 which will result in increased cost of $310 in FY81 and increased annual cost of $576 for FY82. Following reclassification, personnel in the Equipment Service Division will include: 1 Equipment Supt. 1 Shop Supervisor 2 Sr. Mechanics 2 Mechanic II 5 Mechanic I 2 MW III 1 Parts Clerk bj2/16-17 RESOLUTION NO. 81-56 RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE FINANCE DEPARTMENT - PARKING DIVISION. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for FY81 authorizes all permanent positions, 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 responsibilities performed, and WHEREAS, the duties normally performed by a Maintenance Worker III are currently being performed by an employee classified as a Maintenance Worker II, and performance of such duties is necessary to departmental operations, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Finance Department - Parking Division be amended as follows: 1. The removal of one full-time MW II position. 2. The addition of one MW III position. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of March 1981. . �l1AYOR ATTEST: G��r� �!�.c.0 �cc.✓. CITY CLERK Received & Apisrovacr By 7 e Le ai Uei:at-imoitP /3 �/ t City of Iowa CI Date: March 24, 1981 To: Members of City Council From: Anne Carroll, Director of Human Relations Re: Reclassification Cost Reclassifications, if approved by the City Council, will be retroactive to the date that the reclassification request was received and investigated by the Human Relations Department. Reclassification will not result in any change in the number of budgeted personnel, only their classification. Parks & Recreation - Parks Division Maintenance Worker II reclassified to MW III retroactive to November 1, 1980, which will result in increased cost of $675 in FY81 and' increased annual costs of $1,069 for FY82. Following this reclassification personnel in the Parks division will include: 1 Parks Superintendent 3 Sr. Maintenance Worker 4 MW III 4 MW II 1MWI In 1977, the Parks and Recreation Department voluntarily reduced one MW III position to MW I following a retirement, because there was no longer an employee with the qualifications to fill the position. Parks & Recreation - Recreation Division MW I reclassified to MW II retroactive to November 1, 1980, which will result in increased cost of $905 in FY81 and increased annual cost of $1,469 in FY82. Following this reclassification maintenance personnel in the Recreation Division (including Government Buildings) will include: 1 Sr. Maintenance Worker 1 MW II 2MWI In 1976, Parks and Recreation Department voluntarily reduced two MW II positions to MW I because the MW II skill level was not deemed necessary at that time. /3 City Clerk's Office Deputy City Clerk, Range 6 reclassified to Range 7, retroactive to November 1, 1980, which will result in increased cost of $313 in FY81 and increased annual cost of $534 for FY82. Finance Department - Parkino Division MW II reclassified to MW III, retroactive to March 1, 1981, which will result in increased cost of $338 for FY81 and increased annual cost of $1,069 for FY82. Following this reclassification maintenance personnel in the Parking Division will include: 2 MW III 2MWII 1MWI Finance Department - Equipment Service Division MW III reclassified to Mechanic I, retroactive to December 1, 1980 which will result in increased cost of $310 in FY81 and increased annual cost of $576 for FY82. Following reclassification, personnel in the Equipment Service Division will include: 1 Equipment Supt. 1 Shop Supervisor 2 Sr. Mechanics 2 Mechanic II 5 Mechanic I 2 MW III 1 Parts Clerk bj2/16-17 RESOLUTION NO. 81-57 RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE EQUIPMENT SERVICE DIVISION. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for FY81 authorizes all permanent positions, 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 responsibilities performed, and WHEREAS, the duties normally performed by a Mechanic I are currently being performed by an employee classified as Maintenance Worker III, and performance of such duties is necessary to departmental operations, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Equipment Service Division be amended as follows: 1. The removal of one MW III position. 2. The addition of one Mechanic I position. It was moved by Perret and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS x x ABSENT: Balmer Erdahl x Lynch Neuhauser Perret Roberts Vevera Passed and approved this 24th day of March , 1981. -�- �YOR ATTEST: CITY CLERK Received & Approved By The Legal Department 136 City of loge CV. . Date: March 24, 1981 To: Members of City Council From: Anne Carroll, Director of Human Relations Re: Reclassification Cost Reclassifications, if approved by the City Council, will be retroactive to the date that the reclassification request was received and investigated by the Human Relations Department. Reclassification will not result in any change in the number of budgeted personnel, only their classification. Parks & Recreation - Parks Divisi Maintenance Worker II reclassified to MW III retroactive to November 1, 1980, which will result in increased cost of $675 in FY81 and' increased annual costs of $1,069 for FY82. Following this reclassification personnel in the Parks division will include: 1 Parks Superintendent 3 Sr. Maintenance Worker 4 MW III 4MWII 1MWI In 1977, the Parks and Recreation Department voluntarily reduced one MW III position to MW I following a retirement, because there was no longer an employee with the qualifications to fill the position. Parks & Recreation - Recreation Division MW I reclassified to MW II retroactive to November 1, 1980, which will result in increased cost of $905 in FY81 and increased annual cost of $1,469 in FY82. Following this reclassification maintenance personnel in the Recreation Division (including Government Buildings) will include: 1 Sr. Maintenance Worker 1MWII 2MWI In 1976, Parks and Recreation Department voluntarily reduced two MW II positions to MW I because the MW II skill level was not deemed necessary at that time. 137 Citv Clerk's Office Deputy City Clerk, Range 6 reclassified to Range 7, retroactive to November 1, 1980, which will result in increased cost of $313 in FY81 and increased annual cost of $534 for FY82. Finance Department - Parking Division MW II reclassified to MW III, retroactive to March 1, 1981, which will result in increased cost of $338 for FY81 and increased annual cost of $1,069 for FY82. Following this reclassification maintenance personnel in the Parking Division will include: 2 MW III 2 MW II 1MWI Finance Department - Equipment Service Division MW III reclassified to Mechanic I, retroactive to December 1, 1980 which will result in increased cost of $310 in FY81 and increased annual cost of $576 for FY82. Following reclassification, personnel in the Equipment Service Division will include: 1 Equipment Supt. 1 Shop Supervisor 2 Sr. Mechanics 2 Mechanic II 5 Mechanic I 2 MW III 1 Parts Clerk bj2/16-17 AMENDED CERTIFICATE OF THE CLERK OF THE CITY OF IOWA CITY, IOWA, TO BE FILED, INCLUDING EXHIBITS "A" & "B" ATTACHED, WITH THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWA, AFTER ADOPTION OF TETE RESOLUTION OF NECESSITY STATE OF IOWA ) COUNTY OF JOHNSON ) SS CITY OF IOWA CITY ) AMENDED -NOTICE OF PENDING ASSESSMENT PROCEEDINGS I, Abbie Stolfus , Clerk of the City of Iowa City, Iowa, hereby certify that at a meeting of the Council of Iowa City, Iowa, held on the 24th day of March 1981, there was adopted a Resolution Amending Resolution of Necessity for the BDI Second Addition Improvement Project and approving Preliminary Plat and Schedule for certain public improvements, said improvements being generally designated in said resolu- tion and in prior proceedings of the Council as the 1979 BDI Second Addition Improvements. I further certify that attached hereto, marked Exhibit "B", is a true and correct copy of the amended preli- minary plat and schedule of assessments, said schedule setting out the estimated assessments and estimated conditional defi- ciency assessments proposed to be made against benefited pro- perties for the purpose of paying a portion of the total . overall cost of said improvements. Said assessments are a lien upon the benefited properties from the date of filing a certified copy of the Resolution of Necessity, the plat, and the schedule of assessments, as provided in Section 384.65(5) of the Code of Iowa. Clerk of Iowa Citt, Iowa (Seal) I hereby certify that on the day of , 1981, there was filed with me as County Auditor of Johnson County, State of Iowa, pursuant to Sections 384.51 and 384.65(5) of the Code of Iowa, an executed copy of the cer- tificate of the Clerk of Iowa City, Iowa, as hereinabove set out, and a copy of the items therein referred to as Exhibits "A" and "B". Witness my hand and the County seal- at Iowa City, Iowa, this day of 1981. County Auditor (Seal) AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA /3 r AHLERS. COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA 8: es w. Ir y /39 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: March 24, 1981 Time of Meeting: 7:30 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 amending the resolution of necessity for the 1979 BDI Second Addition Improvement Project and approving amended preliminary schedule. Such additional matters as are set forth on the addi- tional —4 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. Clerk, Iowa City, Iowa 8: es y.ff.,ti,�, AMLERS. COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA /39 COMPLF-F March 24 , 1981 The City Council of Iowa City, .Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor, John R. Balmer in the chair, and the following named Members: Erdahl, Neuhauser, Perret, Roberts, Vevera Absent: Lynch -1- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA / f4 O Ai Council Member Neuhauser introduced the following Resolution and moved its adoption. Council Member Roberts seconded the motion to adopt. The roll. was called and the vote was, AYES: Neuhauser, Perret, Roberts, Vevera, Balmer, Erdahl ABSENT: Lynch NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 81-58 RESOLUTION AMENDING THE RESOLUTION OF NECESSITY FOR THE 1979 DDI SECOND ADDITION IMPROVEMENT PROJECT AND APPROVING AMENDED PRELIMINARY SCHEDULE. WHEREAS, on the 15th day of May, 1979 the City Council of the City of Iowa City, Iowa passed and approved a Resolution Adopting Preliminary Plat and Schedule and also a Resolution of Necessity for certian street improvements, which project was referred to as the "1979 DDT Second Addition Tmprovement Project" and WHEREAS, the ow-lers of property within the benefited area have filed a Petition and waiver requesting that certain addi- tional improvements he added as a clarification to the above project and consenting to assessment therefor. NOW, THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the Second Petition and Waiver for addi- tional improvements attached hereto is approved. Said special engineering services are hereby declarer] to be a necessary part of the project and are added to the engineering contract therefor at the same unit prices as provided in the original contracts therefor as follows: AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA /(k/ The special engineering services include performing storm sewer and storm water management services; making aassessment schedule revisions; preparing project development plans and costs; making plating revisions and paying permit fees; reviewing proposed improvements within property adjacent to the Scott Bouldvard right-of-way; performing design and construction phase services for railroad renovation on Heinz Road; and completing contract renegotiations and related work on the following streets: Heinz Road from the south line of Lot 8 of BDI Second Addition to Iowa City, Iowa, northwesterly approximately 1,109 feet and adjacent to Scott Boulevard which borders the easterly line of Lot 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa. That the preliminary plat and schedule of assessments for said project be and the same is hereby amended by adopting in lieu thereof the Final Plat and Schedule of Assessments filed herewith. The City Clerk is directed to certify the Final Schedule as an amended peliminary schedule to the County Auditor. Final assessments shall be made against individual properties in amounts not exceeding the assessments shown in the amended schedule. PASSED AND APPROVED this 24th day of March 1981. ATTEST: �i ,t2J,?�Z �11 City Clerk -3- AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA /4C07- PETITION AND WAIVER FOR ADDITIONAL IMPROVEMENTS THIS AGREEMENT made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the undersigned property owners in said City, hereinafter called the PROPERTY OWNERS, WITNESSETH: WHEREAS, the City has constructed street, sewer and other improvements ("improvements") in said City; and WHEREAS, the undersigned Property Owners desire that special assessments be levied against their property as hereinafter described opposite their names, and that the improvements, services and costs which comprise the project be clarified to include the additional engineering services following as necessary to accomplish the project. The general description and location of said improvements are set forth in prior proceedings of the City Council and Petition and Waiver agreements executed by the property owners and include the special engineering services as follows: The special engineering services include performing storm sewer and storm water manaqement services; making aassessment schedule revisions; preparing project development plans and costs; making plating revisions and paying permit fees; reviewing proposed improvements within property adjacent to the Scott Bouldvard right-of-way; performing design and construction phase services for railroad renovation on Heinz Road; and completing contract renegotiations and related work on the following streets: Heinz Road from the south line of Lot 8 of ADI Second Addition to Iowa City, Iowa, northwesterly approximately 1,109 feet and adjacent to Scott Boulevard which borders the easterly line of Lot 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa. The properties to be asessed are described as follows: Lots 1 through 8, inclusive, in BDI Second Addition to Iowa City, Iowa; and Lot No. 6, Auditor's, Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, B.D.I. Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. -1- AHLERS. GOONEY. DORWEILER. HAYNIE N SMITH. LAWYERS, DES MOINES. IOWA /V3 NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: It is agreed that the improvements constructed by the City and comprising the project necessitated and included as a part of the cost thereof the special engineering services, as follows: In -consideration of the construction of said improvements, the undersigned Property Owners hereby waive the public hearing on the adoption of the Resolution of Necessity and the mailing and publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against private property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the improvement without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that said improvements have been constructed in accordance with the plans and specifications, that the City may make assessments against the properties of the undersigned Property Owners for the entire cost of -the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be paid by the undersigned Property Owners within the time pro- vided by Statute for the payment of special assessments for such improvements. All property owners entitled to Agricultural deferment under Chapter 384 of the City Code of Iowa hereby waive their right to such deferral. The amount and proportion of the cost of the improvements, to be paid by the several Property Owners, shall be ascer- tained and determined by the Engineers and by them reported to -2- AHLERS. COONEY. DORWEILER. HAYNIE 5 SMITH. LAWYERS. DES MOINES. IOWA /'W the City Council which shall make such changes or alterations as they may require, and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the properties. The City's Engineer has prepared and filed a final sche- dule of assessments for each•of the properties included in the district. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbran- ces other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver, who by execution of this Petition consent to the subordination of their lien to the - special assessment liens herein described. Each Property Owner further agrees to subordinate the sale of any part of his listed .property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. Dated this 24th day of March , 1981. Presented to the City Council on March 24 , 1981, Approved by the City Council on March 24 , 1981. Clerk -3- AHLERS. GOONEY. OORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA /vr SIGNATURE OF PROPERTY OWNER / SIGNA'CURYIOP�LIEN NarRt: -9,1 GINATURE 'awkeye St John A Kr DESCRIPTION OF PROPERTY Lut G in RDI Second Addition rn I wa City, Johnson County, Iowa as recorded in Johnson -County Recorder's Office, Plat Book 19, Page 80. TRU, Col 0 IOWA CI IA b. t Senior Vice President (HOLDER DESCRIPTION OF PROPERTY , Ioya,,City, Iova SIGN;VfURE OF LIENHOLDER SIGNATURE OF PROPERTY OWNER BTJSINE DEVELOP INCORPORATED rest 'ec 1�Vice- Y'e8za�n�— SIGNATUREOF LIENIHOLDER J.ots 1, 2, 3, 5, 6, 7 and 8 in BDI Second Addition to Iowa 1 y, owa; and Tot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recor in Johnson County Recorder's Office, Plat Book 16,page , excep a at area described as Lot No. 1, BDI Third Addition, as recorded in Johnson County Recorder's Office, Plat•Book 17, page 83, and except all that area described as BDI Second Addition to Iowa City, Iowa. FIRST NATIONAL BANK, IOTA CITY, IOWA -4- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 194 CIG - 173 ^OAh 79 'E 6 i�EYiJ.RN TQ I--AYNIL_ CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON � I, the undersigned City Clerk of. Iowa City attached—isIowa, do hereby certify that attacheds a true anacomp ete cony 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 asccessible to the public and clearly designated for,that purpose at the n=incipal office of the Council (a copy of the face sheet of said agenda beipg attached hereto) pursuant to the local rules of. the Council and the provisions of Chanter. 2AA, 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 o.f their respective city offices as i;nd.icated .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 24th day of March 19 81 Cxty C er1 owa y Iowa SEAL AHLERS. COONEY. DORWCILER. HAYNIEIS SMITH. LAWYERS. DES MOINEs. IOw• /V-/ AGENDA REGULAR COUNCIL MEETING MARCH 24, 1981 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Robert Lucas Day - April 1, 1981. Item No. 3 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council activities of the regular meeting of March 10, 1981, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Board of Library Trustees meeting of February 26, 1981. (2) Planning and Zoning Commission meeting of February 5, 1981. (3) Planning and Zoning Commission meeting of February 23, 1981. (4) Broadband Telecommunications Commission meeting of February 17, 1981. (5) Resources Conservation Commission meeting of February 17, 1981. (6) Airport Commission meeting of March 12, 1981. (7) Mayor's Youth Employment Board meeting of February 28, 1981. C. Permit Resolutions and Motions as recommended by the City Clerk. (1) Consider motion approving Class B Beer Permit and Sunday Sales for E. J. Corp. dba Iowa City Racquet Club, I-80 & N. Dodge Street. No Smoking Signs Posted. (renewal) (2) Consider motion approving Class C Beer Permit and Sunday Sales for Leo Lenoch dba Leo's Standard Service, 130 N. Dubuque Street. No Smoking Signs Posted. (new) (/,f Agenda Regular Council Meeting March 24, 1981 7:30 P.M. Page 2 Item No. 3c. cont'd. (3) Consider motion approving Class C Liquor License and Sunday Sales for Towncrest Inn Ltd. dba Towncrest Inn Restaurant, 1011 Arthur Street. No Smoking Signs Posted. (renewal) (4) Consider motion approving Class C Liquor License for Richard and Marcene Myers dba The Gas Company Inn, 2300 Muscatine. No Smoking Signs Not Posted. (new) (5) Consider motion approving Class C Liquor License for Christopher Wilke dba Wilke's, 122 Wright Street. No Smoking Signs Not Posted. (renewal) (6) Consider motion approivng Class C Liquor License for James Burmeister dba Silver Saddle, 1200 Gilbert Court. No Smoking Signs Not Posted. (new) (7) Consider resolution issuing dancing permit. d. Motions. (1) Consider motion to approve disbursements in the amount of $2,284,231.19 for the period of February 1 through February 28, 1981, as recommended by the Finance Director, subject to audit. e. Setting Public Hearings. (1) Consider resolution setting public hearing on April 7, 1981, on plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Downtown Electrical Revisions, Phase II, directing City Clerk to publish notice of said hearing, and directing City Engineer to place said specifications, etc., on file for public inspection. f. Correspondence. (1) Letter from Civil Service Commission submitting certified list of applicants for the position of Information Specialist. (2) Letter from Civil Service Commission submitting certified list of applicants for the position of Maintenance Worker I. (3) Letter from Civil Service Commission submitting certified list of applicants for the position of Assistant Transportation Planner. /449 Agenda Regular Council Meeting March 24, 1981 7:30 P.M. Page 3 Item No. 3f. cont'd. (4) Letter from Civil Service Commission submitting certified list of applicants for the position of Parking Enforcement Attendant. (5) Letter from Civil Service Commission submitting certified list of applicants for the position of Treatment Plant Operator I. (6) Letter from President Willard Boyd regarding his resignation from office. (7) Letter from Della Grizel regarding congregate meals. This letter has been referred to the City Manager for reply. END OF CONSENT CALENDAR. Item No. 4 - PLANNING AND ZONING MATTERS. a. Consider a recommendation of the Planning and Zoning Commission to deny the preliminary planned area development plan of 1750 Rochester. S-7505. b. Consider a recommendation from the Planning and Zoning Commission regarding the vacation of right-of-way along the original alignment of Foster Road and St. Ann's Drive between Buresh Avenue and Prairie du Chien Road. C. Consider a resolution not to amend the Iowa City Comprehensive Plan for land use, trafficways, and community facilities with regard to Foster Road. d. Consider a resolution approving the preliminary plat of Linder Valley Subdivision. S-8001. e. Consider a resolution approving the preliminary plat of Deer Hill Estates. S-8018. Item No. 5 - PUBLIC DISCUSSION. Item No. 6 - ANNOUNCEMENT OF VACANCIES. a. Mayor's Youth Employment Board - one vacancy for a three- year term expiring April 21, 1981 (Judy Kelly resigned). This appointment will be made at the April 21, 1981, meeting of the City Council. Item No. 7 - CITY COUNCIL INFORMATION. 150 Agenda Regular Council Meeting March 24, 1981 7:30 P.M. Page 4 Item No. 8 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 9 - CONSIDER RESOLUTION AUTHORIZING THE PLACEMENT OF AN ISLAND EAST /S/ OF THE EXISTING ISLAND IN THE 200 BLOCK OF HARRISON STREET. Item No. 10 - CONSIDER RESOLUTION REINSTALLING PARKING ON THE SOUTH SIDE OF VILLAGE ROAD EAST OF VILLAGE GREEN BOULEVARD. Item No. 11 - CONSIDER RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE DEVELOPMENT (ALL OR A PORTION OF ELM GROVE PARK). Item No. 12 - CONSIDER RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE PARKS AND RECREATION DEPARTMENT - PARKS DIVISION. Item No. 13 - CONSIDER RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE CITY CLERK'S OFFICE. Item No. 14 - CONSIDER RESOLUTION RECLASSYFING ONE PERMANENT FULL-TIME POSITION IN THE FINANCE DEPARTMENT - PARKING DIVISION. Item No. 15 - CONSIDER RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE EQUIPMENT SERVICE DIVISION. Item No. 16 - CONSIDER RESOLUTION AMENDING THE RESOLUTION OF NECESSITY FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT AND APPROVING AMENDED PRELIMINARY SCHEDULE. Item No. 17 - CONSIDER RESOLUTION ACCEPTING THE WORK FOR PART C OF THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. Item No. 18 - CONSIDER RESOLUTION ACCEPTING THE COMPLETED WORK FOR BDI SECOND ADDITION IMPROVEMENT PROJECT, INCLUDING PARTS A, B, AND C. Item No. 19 - CONSIDER RESOLUTION DIRECTING THE ENGINEER TO PREPARE FINAL PLAT AND SCHEDULE OF ASSESSMENTS FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. Item No. 20 - ADJOURN TO EXECUTIVE SESSION. /S/ RESOLUTION N0. 81-59 RESOLUTION ACCEPTING THE WORK FOR PART C OF THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the Part C of the 1979 BDI Second Addition Improve- ment Project as included in a contract between the City of Iowa City and Parkview Construction Company of Iowa City, Iowa dated June 5, 1979 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Roberts and seconded by Neuhauser that the resolution as re e a opt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perrot x Roberts x Vevera x Passed and approved this 24th day of March 19 8], ATTEST: By Kie �r`. jal i' • t te: i7} d CITY OF IOWA CITY (.IVI( CENTER 410 E. WASHINGTON ST IOWA CITY IOWA .52240 (319) X-')4 18(T) ENGINEER'S REPORT March 4, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer, grading, culvert work and other miscellaneous work for Part C of 1979 BDI Second Addition Improvements, as constructed by Parkview Construction Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P. E. City Engineer bdw3/4 S3 RESOLUTION NO. 81-60 RESOLUTION ACCEPTING THE COMPLETED WORK FOR BDI SECOND ADDITION IMPROVEMENT PRO- JECTS, INCLUDING PARTS A, B AND C. WHEREAS, the City's Consulting Engineer has recommended that the improvement covering the BDI Second Addition Improvement Project, including Parts A, B and C as included in a contract between the City of Iowa City and Cedar Hill Construction, Metro Pavers, Inc., and Parkview Company dated respectively June 21, 1979; July 5, 1979 and August 17, 1980; and June 15, 1979, be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of march 1981. Mayor ATTEST: City Clerk G Rwe6eed & A rt rov^-' � mid 8xd38 �e�SYtrien4 • 3•za /_S ENGINEER'S STATEMENT ''I, the undersigned Engineer for the City of Iowa City, do hereby state that I have inspected the completed work of the following contractors: A. Cedar Hill Construction Contract Date: June 21, 1979 B. Metro Pavers, Inc. Contract Date: July 5, 1979 and August 12, 1980 C. Parkview Company Contract Date: June 15, 1979 under their contracts with the City of Iowa City, Iowa. I find that the contractors have performed the work in substantial compliance with the contracts, including the following: B.D.I. Second Addition Improvements, including Part A - Box Culvert Construction; Part B - Pavement Construction (1979 and 1980 Contracts); and, Part C - Sanitary Sewer Construction. The total contract costs of the completed work are $329,632.15 and the amount remaining to be paid to the contractor is $11,139.55. Said amount is payable: the total cost of the project including interest on interim obliga- tions to the date of June 30, 1981, is $549,215.51• JohL: Will6rs, P.E. to Registration No. 6379 M rch 19, 1981 7 [� o a � D. MAR 1 91ge, ABBIE STQLFUS, CnAC CITY CLERK (3) /.SS (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: March 24, 1981 Time of Meeting: 7:30 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: Resolutions in connection with the 1979 BDI Second Addition Improvements. - Resolution accepting work. - Resolution ordering preparation of final plat and schedule of assessments. Such additional matters as are set forth on the addi- tional 4 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa C' y, Iowa 9'30 Al. y / fo A HLERS. COONEY. DORWEILER. HAYN IE&SMITH. LAWYERS. DES MOINES. IOWA /SG March 24 , 1981 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor John R. Balmer , in the chair, and the following named Council Members: Erdahl,Neuhauser. Perret, Roberts, Vevera Absent: Lynch_ -1- AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA ✓M// Council Member Perret introduced the following Resolution entitled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member Vevera seconded the motion to adopt. The roll was called-and—the vote was, AYES: Roberts, Vevera, Balmer, Erdahl, Neuhauser, Perret NAYS: None i4hereupon the Mayor declared the following Resolution duly adopted: 81-61 RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS BE IT RESOLVED, that the Engineer is hereby instructed to prepare a final plat and schedule showing the separate lots or parcels of ground subject to assessment for the cost of the 1979 BDI Second Addition Improvements, together with the names of the owners thereof, so far as practicable, and the amount assessable by law against each lot or parcel of ground so assessable, and against any railway or street railway legally assessable therefor, and X4549,215.51 of the whole amount of the cost of said improvements shall be assessed against the benefited properties, but not in excess of the amounts so assessed in the preliminary plat and schedule for the improvement, and filed in the office of the Clerk. PASSED AND APPROVED this 24th _ day of March 1981. ATTEST: Clerk AHLERS. GOONEY. DORWEILER. HAY NIE&SMITH. LAWYERS. DES MOINES. IOWA / Tf CIG_, 1-79 = CERTIFICATE J'i: ! [' & i i tJRN TO MR. HAYNIE STATE OF IC:1,1 ) SS COUNTY OF JOHNSON ) I;. the unnersignad City Clerk of. Iowa City Io•..•a, do hereby certify that attached is a true anr; complete cow of the porticn of the corporate records of sajo Municipality showina proceedings of the Council, and the same is a true and complete copy o£ the action taken by said Council with respect to said matter at the meetina"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 hoard.or other prominent place easily:asccessible to the public and clearly desicnated for that purpose at the princi=pal office of the Council (a cony of the face sheet of said agenda beim attached hereto) pursuant to the local rules -of. the Council and the provisions of Chanter. 2.n T,, Ccde of Iowa, upon reasonable advance notice to the public and media at least tWo my -four hours prior to the co^mancem.ent-. of the meetinc, as reg,uired by said law and with members o the public pr^sent in atten.r?ance; I further certify that the i.ndivirivals named therein were on the date thereof duly and. lawfully possessed o.`. their respective city offices as indicated ther�i.n, that no council vacancy existed except as may be statecl in said proceedings, and that no controversy_ or liti.cati.on is pending, prayed or threatened involving tl e incorporation, orn_anizati.on, existence or. i>oundaries of the City br the right of the individuals named therein as officers to their.respective positions. WITNI'SS my hand anti the seal. of: said r4uni.ci.oality hereto affizell this 24th day of March 19$1 City i �r;, Iowa it Aulfn S. CCG.[,, Oonw Cil Cn, ti,i r. LAY/,ru 5. or, I40.MC, 10w, 1S/ RESOLUTION NO. 81-62 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Richard L. Myers dba The Gas Company, 2300 Muscatine It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynas X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 7th day of April , 19 81 . Sayor City Clerk 4"� RESOLUTION NO. 81-63 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 Class "B" Beer Permit, to wit: Grand Daddy's, Inc. dba Rosebud, 505 E. Burlington St. It was moved by Perret and seconded by Roberts that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19 81 c 7th day of April , yor Attest: City Clerk /(/ RESOLUTION NO. 81-64 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE 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 Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in his effort; 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 IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than 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 Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: x Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 7th day of April , 1981 ATTEST: City Clerk Payor i�z RESOLUTION NO. 81-65 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEER HILL ESTATES, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Ernest and Annegrett Herschbeil, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Deer Hill Estates; 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 said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said 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 THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved. 2. That the City Clerk of the City of Iowa, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. It was moved by Roberts and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts x Vevera Passed and approved this 7th day of April 1981. AYOR ATTEST: CITY CLERK �� T RESOLUTION NO. 81-66 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LINDER VALLEY SUBDIVI- SION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Furman Construction, Inc. has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Linder Valley Subdivision; 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 said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said 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 THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved. 2. That the City Clerk of the City of Iowa, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts x Vevera Passed and approved this 7th day of April 1981. tR ATTEST: CITY CLERK �y 'iia L,e;7al C'•c-pe;5�nss,T // 34 RESOLUTION NO. 81-67 RESOLUTION DENYING THE PRELIMINARY PLANNED AREA DEVELOPMENT PLAN OF 111750 ROCHESTER", IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary planned area development plan of "1750 Rochester"; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary planned area development plan and have recommended against the approval of same; and WHEREAS, the said preliminary planned area development plan has been examined by the Planning and Zoning Commission and after due deliberation, said Commission has recommended that it not be accepted and approved; and WHEREAS, said preliminary planned area development plan is found not to conform with all the 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, that the said preliminary planned area development plan is hereby denied. It was moved by Roberts and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 7th day of April , 1981. 4 AYOR��1 ATTEST: ZX CITY CLERK Received & Approved By The Lecgai Dep 14 eni u� 6 k /lam RESOLUTION NO. t RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WiINTOWN ELECTRICAL REVISIONS, PHASE II ESTABLISHING AMOUNT OF BID SECURITY TD ACCOMPANY EACH BID, DIRECT- ING 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 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 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 5% of the 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 bide. 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 10:00 a.m. on the 6th day of May , 1981. Thereafter, the bids will be opened by the Cir Manager 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 7.33 P M on the 19th day of May • 19$_• {teceived & Approved 7 e Legal Department 146 /G 7 Page 2 Resolution No. 81-68 It was moved by Perret and seconded by Neuhauser that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 7th day of April , 1981. — \7 MAYOR ATTEST: CITY CLERBV /G 1 CONTRACT THIS AGREEMENT, made and entered into this ireh day of 19p1 , by and between the City of Iowa City party of the first part, hereinafter referred to as the TOWN and COUNTRY ELECTRIC COMPANY , "Owner" and party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 7th day of April , 1981 , for the Iowa City Downtown Electrical Revisions, Phase II under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describes the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers o b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. C. Plans /67 d. Notice of Public Hearing and Advertisement for Bids. e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. A IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By (_Seal (Title) ATTEST: tle Contractor (Seal) r " By 1 ( - ls�'�)L Title ATTEST: Title 147 SUBMIT IN DUPLICATE ALL BLANKS TO BE FILLED IN IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE IT Iowa City, Iowa BIDS RECEIVED: 10:00 AM CST May 6, 1981 TO:' City Clerk of Iowa City 410 East Washington Street Iowa City, Iowa 52240 In response to your request for Bids and in compliance with the Contract Requirements, the undersigned proposes to furnish labor, materials and equipment, all supervision, coordination, all related incidentals necessary to perform the . Iowa City Downtown Electrical Revisions, Phase II Iowa City, Iowa in strict accordance with the Project Manual and the Drawings dated 7 April, 1981, including Addenda numbered 0 through 0 , inclusive, prepared by HLM Engineers, for the Base Bid Lump Sum of BASE BID Twenty-two thousand six hundred fifteen Dollars ($ 22615.00 ) Bid Security in the form of certified check ( ), cashiers check ( ) or bid -bond (x) accompanies this proposal in the amount of 5% of the bid amount. In submitting this Proposal, the undersigned agrees that the Bid will not be withdrawn for a period of 30 consecutive calendar days following the date of Bid Opening; further, that if a Notice to Proceed or if a prepared Agreement provided by the Owner is received at the business address identified below within the above named 30 day period, the undersigned will, within ten days of such receipt, acknowledge acceptance of the contract award and will execute and deliver the Agreement, the Performance, Labor and Material Payment Bond, the certificates of insurance and will proceed in accordance with requirements of the Contract Documents for this project and have the Project at Substantial Completion at the earliest possible date. 80036.01 BID FORM Page 2 The business address to which the Notice to Proceed may be mailed, telegraphed or otherwise delivered is: 1218 Hi2bland Court Iowa Citv. Iowa 52240 Signed: 0 / nein i 1D rm or uorporaze Richard M. Villhauer Owner Town & Country Electric Co. A07 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Toun & Country Electric Co. 1218 Highland Court Iowa City, Ia. (Here insert the name and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and Merchants Plutcal 3oneing Compan,, as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of 'twenty-two thousand six hundred ,7ffteen Dollars ($ 22,615.')0 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated Mav la 19 81 , entered into a Contract with Owner for... IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE II In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1`/ I . Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one (1) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 107 IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 19th DAY OF May , A.D., 19 B1. IN THE PRESENCE OF: TOWN AND COUNTRY ELECTRIC Principal ss Witness Title MERCHANTS MUTUAL BONDING COMPANY (Surety) James E. ThompsbfpTitley/ Attorney-in-fact /0 o MERCHAN'] MUTUAL BONDING 'OMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the sit to FisNl-s sit ,Al. HON DIN(; Cosu',vas a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. State of Iowa, bath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUAT,TY C.B. Condon, G.A. LaMair II, Carl J. (rant Jr. , James E. ThourAon, Jams P. Norris, F. Melvyn Hrubetz ofMpg nae and Stale of Iowa it, true and lawful Alpuney-in-Fact, with full power and authority conferred in its name, place and stead, to sign. execute. acknowledge and deliver In its behalf us surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exoeed in amount the sum of UE MIILLICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Allomey is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2. SECTION 5A. -"'rhe Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Atlomeys-in-Fact, and to authorize them in execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof. MERCHANTS MUTUAL BINDING COMPANY has caused these present to he signed by its President and Vice President, and its corporate seat In be hereto affixed, this 22nd day of May A.D., 1979 Attest: MERCHANTS MUTUAL BONDING COMPANY By t'ial'.rnJrm _ STATE OF IOWA l COUNTY OF POI.K r ss On this 22nd day of May .19 79 . heroic me a. and William Warner. to me Personally known, who being by me duly sworn did say that they are President and Viti�e Preared sident nt respeo- lively of the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing Instrument. and that the Seal affixed to the said instrument is the Corporate Std of the said Corporation and that the stud imirument was signed and sealed in behalf of said Corporation by authority of ns Board of Director. In Testimony Whereof. I have hereunto set my hand and affixed by Official Seat. at the City of Des Moines, Iowa the day and year first above written. Pea•5'T••'y '',••a••••'•, tNsi snmry Pekin. Pel IOWA;. Cuaen.ln.n ti�, I vi tbOT'"••wo•tI �%-4IAV STATE OF IOWA COUNTY OF POLK 1, William Warner, Vice President of the MERCHANTS MUTUAL BONDING COMPAPP'.'11 181 that the above and foregoing is a true and correct copy of the POWER OF Arroltl* , MERCHANTS BONDING COMPANY, which is still in force and effect. �,,••"' In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Company, at S tiy:e O�f.tGA this 19th dayof May I9 81 193; This power of attorney expiresUntil Revoked certify y said L" /(07 .7PirG{..V UJ G = GENERAL INSURANCE COMPANY OF AMERICA F = FIRST NA AL INSURANCE COMPANY OF AMERICA HOME OFFIC 13 BROOKLYN AVE. N.E., SEATTLE, WASHIN, 98185 HEAD OFFICE I NADA: MISSISSAUGA, ONTARIO (Coverage is provided by the company designated by initial, a stock insurance company herein tolled the company) Certificate of Insurance The company certifies that the insurance policies Indicated below are in effect on the date of this certificate. Nome of Insured and Mailing Address (Street, City, State or Province, ZIP or Postal Code) [r TOWN AND COUNTRY ELECTRIC CO. 1218 HIGHLAND COURT IOWA CITY, IOWA 52240 Policy Period: from MARCH 01, 1979 to MARCH 01, 1982 ❑X 12:01 A.M. ❑ Noon Standard Time, at the address of the insured For each policy the following schedule indicates the basic type of insurance provided with the limit of the insurer's liability or maxi- •ium amount payable for loss. This certificate is only a statement of the existence of the policy or policies of insurance herein referred to and neither affirmatively nor negatively amends, extends or alters the coverage afforded by any policy described herein. Loccnion of risk covered, or description of automobile or contract covered, or description and location of operations or work covered: n the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice o the party to whom this certificate Is issued, but failure to give such notice shall impose no obligation nor liability upon the company. =e'I'fICale is Issued to: Name and Address 30 r day prior notice of cancellation to certificate holder has been endorsed to policy No.(s): IOWA CITY DOWNTOWN ELECTRICAL REVISIONS PHASE II IOWA CITY, IOWA )aced 05-11-81 it SUNSETSUNSET HII I S M9 on - 1 781 10174 F] If an "x" in box - limits of liability have been increased only for operations or work described above. statement on reverse side is void. ANDERSON BENDER AGY y 22-0480 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA G FIRST NATIONAL INSURANCE COMPANY OF AMERICA 147 PRINTED IN U.S.A. Limas of Liability or Amount of Coverage Policy Number Type of Insurance Coverage One Person One Occurrence Aggregate 22-0480 Liability Bodily Injury $ $ 300,000. $ 300,000. CP 824753 Other Than Property Damage $ 100,000. S 100 000. Combined $ Automobile Bodily Injury $ 300, 000. S 300, 000. 22-0480 Automobile Property Damage $ 100,000. CP 824753 Liability Combined $ 22-0480 UL 824753A 1,000,000. Perils Insured Against Coins. % Limit of Liability' Property Buildmglst Insurance Personal Property Business Interruption Location: Workmen's Subject to the terms of the Workmen's Compensation Compensation jaws of the state in which policy affords coverage. Loccnion of risk covered, or description of automobile or contract covered, or description and location of operations or work covered: n the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice o the party to whom this certificate Is issued, but failure to give such notice shall impose no obligation nor liability upon the company. =e'I'fICale is Issued to: Name and Address 30 r day prior notice of cancellation to certificate holder has been endorsed to policy No.(s): IOWA CITY DOWNTOWN ELECTRICAL REVISIONS PHASE II IOWA CITY, IOWA )aced 05-11-81 it SUNSETSUNSET HII I S M9 on - 1 781 10174 F] If an "x" in box - limits of liability have been increased only for operations or work described above. statement on reverse side is void. ANDERSON BENDER AGY y 22-0480 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA G FIRST NATIONAL INSURANCE COMPANY OF AMERICA 147 PRINTED IN U.S.A. RESOLUTION NO. 81-69 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY82 APPLICATION FOR STATE AND FEDERAL TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue its current level of transit service, and make certain capital acquisitions, and WHEREAS, the State of Iowa Department of Transportation and the United States Department of Transportation both offer capital and operating assistance to local governmental units for their public transportation systems, and WHEREAS, State assistance is being applied for in the amount of $164,352 and Federal assistance is being applied for in the amount of $221,984, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign, and the City Clerk to attest, the FY82 application for state and federal transit assistance. It was moved by Perret and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 7th day of April 1981. AYOR ATTEST: (i'/J&J(z/C_ C/%J_ L CITY CLERK Received & Approved By The Legal Depaeir.vaant /b f RESOLUTION NO. 81-70 RESOLUTION ESTABLISHING A PUBLIC HEARING ON THE CITY OF IOWA CITY'S FY82 STATE AND FEDERAL TRANSIT ASSISTANCE APPLICATIONS. WHEREAS, the City of Iowa City intends to file applications with the Iowa Department of Transportation for State and Federal transit financial assistance, and WHEREAS, interested citizens should be provided an opportunity to review and comment on these applications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that a public hearing on these applications be held at 7:30 P.M. on May 5, 1981, in the Council Chambers of the Iowa City Civic Center; and To direct the City Clerk to publish notice of said hearing in the local newspapers prior to the meeting; and To direct the City Clerk to place on file for public inspection the City of Iowa City's State and Federal transit applications. It was moved by Perret and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 7th day of April , 1981. ll , MAYOR ATTEST: GK . • / CITY CLERK Received a "pprova<a By The Leval Department 1 r RESOLUTION NO. 81-71 RESOLUTION AwARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE I WHEREAS, Metro Pavers, Inc, of Iowa City, Iowa has submitted the best bid 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 Metro Pnvers_ Inc. - $893,334.50 , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and Won roll call there were: AYES: NAYS: ABSENT: x BALMER x E RDA1I L x LYNCH x NEUHAUSER X. PERRET x ROBERTS x VEVERA Passed and approved thin 7th day of April 19 81 ATTEST: CITY CLERK -��_� MAYOA Received & Approved By The Legal Department 1;7o CONTRACT THIS AGREEMENT, made and entered into this 19 81, by and between the City of Iowa Ci 14th day of April , Iowa party of the first part, hereinafter referred to as the "Owner"• and METRO PAVERS, INC. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 1 day of April 19 80, for Scott Boulevard Paving Improvement Project, Phase I under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. / 7 el e. Spec f. Proposal Provisions g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By- / z(Seal) (Title) Mayor ATTEST: (Title) City Clerk d Contractor By (Title) -,-�, ATTEST: (Title) (Company Official) Seal 0 CF -2 / %Q FORM OF PROPOSAL SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE I CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder 111;1x0 PAVERS. Ir\TC Address of Bidder 1722 Stevens Drive, Iowa City, Iowa 52240 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 ,, The undersigned bidder submits herewith bid security in the amount of $ 100 of bid in accordance with the terms set forth in the "Standard Specs ications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda one and and do all work at the prices ere na ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Pavement, Standard P.C. OU Concrete, Class C, 8" sq. yds. 26,840 $ /3, _ $ 3y 89,7 2. Drives, P.C. Concrete, 6" sq. yds. 370to,°= G /,G- L', /� 3. Sidewalk, P.C. Concrete, 4" sq. ft. 60,636 /.'70 la 3 a= 4. Asphaltic Cement Concrete, Special Surface Course ton 24 27, - / S" 71) 5. Revetment, Class D Rip -Rap ton 300 8. 00 oo, o� 6. Sewer, 2000 D Storm, 12" dia. lin. ft. 3,169 _`_'7 30939.3o 7. Sewer, 2000 D Storm, 15" dia. lin. ft. 1,217 L/. / s l 5-1, 8. Sewer, 2000 D Storm, 18" dia. lin. ft. 350 13,0 _ y93y. 9. Sewer, 2000 D Storm, 21" dia. lin. ft. 279 16.65— `/6, 3 5- 10. Sewer, 2000 D Storm, 27" dia. lin. ft. 46 027 °—' 9 4 11. Sewer, 2000 D Storm, 36" dia. lin. ft. 763 3 3. ii S 17 S/, 5 70 LSTIMATI:D UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT _ 12. Sewer, 2000 D Storm, 42" dia, lin. ft. 568 $7Sbo $,fit CjGo,Bo -�� 13. Sewer, 3750 D Storm, Jacked 42" dia. lin. ft. 60 a2/,yo /4 °= 14. Sewer, 2000 D Storm, ARCH (79" x 49") lin. ft. 360 9, ;;-a / 15. Sewer, Ductile Iron Sanitary, o_ 12" dia. lin. ft. 40 o7L , 000, 16. Aprons, Concrete 12" dia. each 1 d9i,so oz ?i, s zl 17. Aprons, Concrete 15" dia. each 1 121 ,�D a 7. 18. Aprons, Concrete 18" dia. each1 d G So a 0 6. s -o 19. Aprons, Concrete 27" dia. each J i/ -711, o 20. Aprons, Concrete 36" dia. each 1 21. Aprons, Concrete 42" dia. each 1 y?s' `cam `l7>J 22. Manhole, Type A, as per plan each 3 23. Manhole Adjustment each 2 7 5, `= 15- S24. 24. Intake, RA -3 each 10 980, 2536,0 25. Aprons, Concrete 24" dia. each 2 2ZO,j?r -70 26. Intake, RA -5 each 26 //v0• a.v�,�o, 27. Intake, RA -8 each 10 / oo pO / d 000. 28. Intake, Type A, as per plan each 1 7 00,°� Oo �- 29. Headwall , as per plan each 2 d Soo, °O ov o JO 30. Removal of Culvert (Sta. 19 + 75) each 1S O. s -v, 31. Excavation, Class 10, o° 0 0 Roadway & Borrow cu. yds. 48,250 a. 6 s-oo. 32. Surfacing, Class A crushed °� o^ stone, Driveway ton 45 / 0, 33. Clearing & Grubbing % of schedule 918.1 od5"o °° d •.7 e7- 34. 34. Fence, Field, Type 39, Installed stas. 80.7 35. Seeding, Fertilizing, &Mul chi ng acre 17 6 da . r / o d 0o, 70 39. Railroad Signals, As per Plan o0 Complete lump sum 1 7y000. 9 e,;',* TOTAL BASE BID EXTENDED AMOUNT $ 87 q y17. T ADD ALTERNATE "A" ESTIMATED ESTIN,��D UNIT EXTENDED ITEM DESCRIPTION UNITUANQ TITY PRICE AMOUNT 36. Plantings, as per plan lump sum 1 $,13$ L•CO o 0 37. Sewer, Ductile Iron quired) cu. yds. 11,285 $ 'q0 $ l 015-4. y'o Sanitary, 4" dia. lin. ft. 100 5-0 77.s -o 38. Sewer, 2000D Storm 24" dia. lin. ft. 128 /R,.fo 0736� 39. Railroad Signals, As per Plan o0 Complete lump sum 1 7y000. 9 e,;',* TOTAL BASE BID EXTENDED AMOUNT $ 87 q y17. T ADD ALTERNATE "A" TOTAL BASE BID & ADD ALTERNATE "A" EXTENDED AMOUNT $ 9 of �-I?d y. 5o The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS) FIRM: METRO PAVERS, INC. BY President Title 1722 Stevens Drive- Iowa City, Iowa 52240 Business Address /74 ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1A Excavation, Class 10, Roadway & Borrow (no compaction re- quired) cu. yds. 11,285 $ 'q0 $ l 015-4. y'o 2A Topsoil, Salvage & Stockpile cu. yds. 3,540 10 o� 31Z6. 3A Seeding, Fertilizing & y Mulching Acre 1.3 tso,°= 8y5; TOTAL ADD ALTERNATE "A" EXTENDED AMOUNT $ / y/ f,7. 5� TOTAL BASE BID & ADD ALTERNATE "A" EXTENDED AMOUNT $ 9 of �-I?d y. 5o The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS) FIRM: METRO PAVERS, INC. BY President Title 1722 Stevens Drive- Iowa City, Iowa 52240 Business Address /74 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Metro Pay.s, Inc. P.O. Box 251 Iowa City, Iowa 52240 (Here insert the name and address or legal tit e o t e Contractor a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company Here insert the begat tit e of the Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the ' amount of Eight Hundred Ninety Three Thousand, Three Hundred Thirty Fc _- and 50/100 Dollars ($ 893,334.50 - - - - - - )-for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated April 14 19 81 , entered into a Contract with Owner for ... Scott Blvd. Paving Improvement Project In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof,.and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's PB -1 7d obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract.Price; but not exceeding, including -other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total.amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of Five Years from the date ofacceptance of the improvements by the Owner. PB -2 7v D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 14th DAY OF April A.D. 19 81 IN THE PRESENCE OF: Metro ers Inc. rincipa It I e President Merchants Mutual Bonding Company (Surety) Witness 3� es E. Thompson T e Attorney -in -Pact PB -3 7a RESOLUTION NO. 81-72 RESOLUTION mwARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE BYINGTON ROAD AND GRAND AVENUE INTERSECTION IMPROVEMENTS WHEREAS, James T. Fox Contracting Corp. of Marion, Iowa has submitted the beat bid 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 James T. Fox Contracting Corp. - $36,494.00 , subject to the condition th awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and iTon roll call there were: AYES: NAYS: ABSENT: X BALMER X E RDAIi L X LYNCH X NEU11AUSER X PERRET X ROBERTS X VEVERA Passed and approved thin 7th day of April , 19 81 /J � MAYOR ATTEST: / �/-zi CITY CLERK Received & Approved By n e�Leg/al Depart ent 171 CONTRACT THIS AGREEMENT, made and entered into this 3v day of , 19 91/, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and JAMES T. FOX CONTRACTING CORP. party of the second part, hereinafter referred to as the "Contractor". WTTNFCCFTW- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 28— day of January 1981 , for Byington Road & Grand Avenue - IntersE'Ction Improvements under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 / %� e. Spei Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. z Q �f Contractor Seal) By (Title) Mayor ATTEST: (Title) City Clerk ATTEST: (Title) 11GG (Company Officia CF-2 121 FORM OF PROPOSAL BYINGTON ROAD AND GRAND AVENUE INTERSECTION IMPROVEMENTS CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder ).A m" f s I h cam o N7 ,SACT i N �o e 40 Address of Bidder R'te-_ (G VJ TO: City Clerk City of Iowa City Iowa City, Iowa 52240 `The undersigned bidder submits herewith bid security in the amount of $q o in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The"undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Pavement, standard P.C. sq. yd. 1200 $15,0 $ r OZ -9.o concrete, class C, 8 inch ' 2. Pavement, median, P.C. sq. yd. 160 $ S. D $ `/O o. concrete, class C, 6 inch �- 3. Sidewalk, P.C. concrete, 4" sq. ft. 850 $/, ScD $/�_ %S. o a 4. Removal of Pavement sq. yd.- 1100 $ 5, oo $ 5 5c o , o a 5. Excavation,. -Class 10, cu. yd. 393 $ a o $ /, Roadway & Borrow " 6. Sewer, 2000 D storm, 12 inch Lin. ft. 60 $, o. o o $/T c3 • o 0 diameter 7. Intake, RA -8 Each 1 $/-Z o o $ ` a • `� P-1 I'1 ESTIMATED ITEM DESCRIPTION UNIT QUANTITY 8. Conversion of Intake to manhole Each I 1 11 9. Removal 8 replacement -of RA -8 Each 1 Intake top 10. Surfacing, class A, crushed stone Tons 45 11. Sodding Squares 36 12. Traffic control as per plan Lump Sum Lump Sum TOTAL EXTENDED AMOUNT UNIT EXTENDED PRICE AMOUNT $. CC). $8C)CD $ (Soo $3c,00 $ i,06c, cc $ J�G0000$j�oGC.- The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on"the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: JA rh s FOO (°ON -,RAc ( IW C° By: Cn��l • �� Tit e �te 3 PJ 1A. sz33 Business Ad ress (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS q �vl£ s 1• �o,(- -0o UT F -ACT I N C- Cap Q M W�Ib1J IaW A Sz3a2 7/ C, [/ clo l PERFORMANCE AND PAYMENT BOND Bond No. 54-19591 KNOW ALL MEN BY THESE PRESENTS THAT James T. Fox Contracting :orporation„ RR 3, Marion, IA 52302 Here insert the napneOand address or ZeryaZ title of the Contractor a Principal, hereinafter called the Contractor and UNITED FIRE & CASUALTY COMPANY, Cedar Rapids, IA Here insert the ZeyaZ titZe of the as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Thirty-six Thousand, Four Hundred Ninety Dollars ($36,494.00 for the payment whereof Contractor four & no/100 and Surety bind themselves, their heirs, executors, administrators, successors and assigns, ;ointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19_, entered into a Contract with Owner for... BYINGTON ROAD & GRAND AVENUE INTERSECTION IMPROVEMENTS In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 9 PB -1 J 71 �. UG.I.,)A l: Ll' ! k.OnLrucL ili Iia LAI IV conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, a and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set ,, forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 334 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five (5) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. P . '/ .. IS A run, tel, ,I,IAN 01' Ii;..) I.. d Ni Il...,l,,,. dill, Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 373, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF (1 A.D., 19 �l IN THE PRESENCE OF: JAMES T. FOX CONTRACTING CORPORATION / Principa Witness Title UNITED FIRE & CASUALTY C014PANY (Surety) Witness Title Attorney -in -Fact 9 PB -3 7� UNITED FIRE. & CASUALTY COMPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY Un (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws Qf the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Richard J. Ehlinger, or Maynard L. Hansen, or Scott McIntyre, Jr., or R. G. Heckroth, or J. F. Coleman, or J. A. Chapin, or Lois M. Gerner, All Individually of Cedar Rapids, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law. ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire September 1, 19 8 2 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings. • section 2. Appointment of Attorney -in -Fart. "The President or any Vice President, or any other ufliecr of the Company, may. from time to time, appoint by written certificates attorneys-in-ract to art In behalf of the Company in the execution of uolfctes of insurance, bored., undertakings and other obligatory instruments nr like native. The signature of any officer autho. rized hereby and the Corporate sed, may be affixed by facsimile to any newer of attorney or special power of nitnrnry at cer- tification of either authorized hereby; such signature and seal- when so usrd, heing adapted by the Company as the original signil ore of.surh officer and the original seal of the Company. to be valid suit binding upon the Company with the same for,,- ..it orceand effect as though manually affixed. Such auornry.-in-fart, subjrrt to the limitations set forth in their respective rertificau. of authority shall have full power to bind the Company by then signature and execution of soy such instruments and to attach the sed of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Com- pany may at any time ,• ok. all paver, and authority Previously given to any atlorncyan-fact. Z,Z COPPC,PAT[';;= .�' SE.1L •e 4,uN, IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice presldcut and its corporate seal to be hereto affixed thislSt day of September , A.D. 1980 . State of Iowa, County of Linn, ss: UNITED FIRE & CASUALTY COMPANY Byi7�1if//LV"T//v Vice President On this 1st day o£ September 19 60, before me personally came Roy L. Ewen to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru mens; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to gka•atsoority, and acknowledges same to be the act and deed of said corporation. ° {t D E _ ......... .... u1 IOWA oc Notary Public My commission expires September 30, 19 ••••��rARIAL SEP',• CERTIFICATION 1, •the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that I have compared the fore going copy �f the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company a, set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now In full force and effect. In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said W Company this ��j day of 19 SEAL if A J�• �/�1" -�G Secretary UND3163b ' f1ol /('-� I'c RESOLUTION NO. 81-73 RESOLUTION ESTABLISHING INCOME LIMITS FOR THE IOWA CITY HOUSING AUTHORITY, PUBLIC HOUSING PROGRAM. WHEREAS, on March 13, 1981, the Department of Housing and Urban Development recommended the establishment of an initial income limit schedule for tenant admission to public housing, and WHEREAS, the City of Iowa City desires to comply with the regulations of the Department of Housing and Urban Development, and WHEREAS, the Department of Housing and Urban Development has requested the Iowa City Housing Authority to adopt a resolution approving the schedule for tenant admission to public housing set forth below: CATFGORY 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 or more AnMTSSTnN $10,900 $12,450 $14,000 $15,550 $16,500 $17,500 $18,450 $19,450 NOW, THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, that the above referenced inital income limit schedule for tenant admission to public housing for the Iowa City Housing Authority, Public Housing Program be approved for implementation effective July 1, 1981. It was moved by Perret and seconded by Erdahl resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret R— Roberts x Vevera that the Passed and approved this 7th day of April 1981. i - AYOR ~— ATTEST: � :t-- ti� CITY CLERK Received & approved By The Legal Department ��z In Reply Refer to: 7.4FMA Allen 515-284-4840 Mr. Lyle G. Seydel Housing Coordinator Iowa City Housing Authority Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Seydel: Subject: Public Housing Income Limits U.S. Department of Housing and Urban Development Region VII Service Office 210 Walnut Des Moines, loom 50309 March 13, 1981 We are attaching for your consideration a revised income limit schedule for tenant admission to public housing. Under the regulations, public housing authorities may establish, without supporting documentation, in- come limits which are within the range of 80 percent and 90 percent of HUD approved Section 8 maximum income limits for four -person households in the locality, with appropriate adjustments for different sizes of families. If your board wishes to adopt an income limit schedule other than the one attached, please send to this office the proposed four -person limit, with supporting documentation if the limit is not within the specified range for approval. If your board agrees with our recommendation, please complete the bottom of the form and return it with a copy of the resolution and the minutes of the board meeting. We would appreciate your immediate attention to this request, and will ex- pect your response no later than 45 days from the date of.this letter. Upon HUD approval, we will transmit a copy of the schedule for your files, If you require additional information, please contact the Assisted Housing Management Branch, Sincerely, L / 1 �„9�L— W. R.Van . �lActing Supervisor pec: John Balmer, Mayor 173. t Ali--- -- _ ' I}. -,c (�_ :SITI ,o -•-, ) Housing Authority of the City of: I rlvGl County:. 1411soh State: S iSA: _10 0 fib• Including County(ies): (IUD Office Admission Limits for Lo:•i-Income (lousing O:,ned by PHA or Leased by PHA from Private 0.iner 1 1 2 3 4 5 61 of Per- sons Present Schedule of Incom? Limits (Approved / / ) IVIA Section 3 Income Limits (Approved?/1/3a Percent of'. 4 -Person 80% of Sec.8 4 -Person Income Limit Col .3 13,85 90 of Sec.8 4 -Person Income Limit Col. 3^ 15,55 1 j2 1 cro 70.00 9, -?.0u I a qQ-Q 2 13 gp0 80.00 1), I CD I7, L1 So 3 15 S5 -o 90.00 1 � 11 so ' 14 UTO 4 171 30-D 100.00 13,1950 I s , 550 5 I 1q 50 105:25 1•y 700 I61 16a0 6 I Iq 112.50 151l06D 17,5n 7 , aq S 118.75 61 LI50 I U5 8 d 1 b Op 125.00 17,300 tQI 450 9 a 10 or mo e Admission Limits Adopted by PHA in Column 9 (Subject to HUD Approval) (7) (8) (9) (10) V of Per- sons Recommended by HUD for Adoption (Based on 80-90% of Sec. 8 or Census Region MFI) Admission Limits (to be completed by PHA) This column applies to ACCs after 8-22-74 1 $ .10 900 $ 00 0 $ -O 2 Iz y /a 50 -7q.Ot 3 )y 1q o o d gg00 4 5 1.5 550 q 6p 5 l 6, 50-0 1560 10,70-0 6 I7,saz, 17,540 11,so� 7 1-I60 l�,lfsn Iz,3cO o8 r more I Cj LIE 0 q, 21,S Q 13, OS O Approval is given on the condition that the definition of admission income shall be administered as to achieve and maintain the low-income character of the project in the meaning of Federal applicable state lair. LHA Executive Director Date Resolution i; Approved by HUD: Date Name and Title RESOLUTION NO. 81-74 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT PROGRAM OF PUBLIC HOUSING AGENCY AND THE DEVELOPMENT COST BUDGET/COST STATEMENT FOR PROJECT IA -22-3. WHEREAS, the City Council, hereinafter referred to as Housing Authority, has authorized the application for federal funds to develop public housing units; and WHEREAS, the U.S. Department of Housing and Urban Development has allocated funds to the Iowa City Housing Authority for this purpose; and WHEREAS, the Housing Authority has received a proposal from Southgate Development to develop 32 units. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the City Manager is hereby authorized to execute the Development Program of Public Housing Agency and the Development Cost Budget/Cost Statement for Project IA -22-3, copies of which are attached hereto and are incorporated herein by reference. It was moved by Perret and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 7th day of April 1981. MAYOR ATTEST: L'ITY CLERK Received & P.pproved By The Legal Department �- Y /- sI • U PARTMENT OF HOUSING AND URBAN DEYEI —` ?NT _ PUBLIC HOUSING PROGRAM DEVELOPMENT PROGRAM OF PUBLIC HOUSING, _.INCY This form is used for the submission of a Development Program for a project under the Public Housing Program -Development Phase regulation (24 CFR 841) and Public Housing Development Handbook 7417.1 ­and applies to projects to be developed oder the turnkey, conventional or acquisition production methods. No financial or technical assistance may be provided to a project pursuant to an ,Annual Contributions Contract unless a development program, including development cost budget, has bees approved (24 CFR 841.116). Part 1 of this Form relates to development data, Part 11 to financial feasibility, and pan 111 to the administrative capability of the PHA. A Development Program should cover all of the housing included in a single • project, whether on one or several sites. A sufficient number of copies shall be prepared so that an original and eight copies may be submitted to HUD. All attachments should be identified by Part, Subpart and Item Number. If any major change is proposed following approval of a Development Program, a revised Development Program must be submitted in accordance with instructions in Handbook 7417.1. PROGRAM RESERVATION/PROJECT NUMBER PROJECT LOCATION NUMBER OF DWELLING UNITS FAMILY ELDERLY TOTAL IA 22-3 Iowa Cit Iowa COUNSEL ® METRO NONMETRO 32 DIRECTOR, ECONOMICAMARKET ANALYSIS DIVISION 1 32 HOUSING TYPE AND PRODUCTION METHOD (Cheek type and, as applicable, production method.) ' TYPE TURNKEY CONVENTIONAL FORCE ACCOUNT J NEW CONSTRUCTION X ACQUISITION WITH SUBSTANTIAL REHAB. ACQUISITION WITHOUT SUBSTANTIAL REHAB. I I '/ I Sindimle method of accomplishing repair work, if any. This Development Program for ■-public housing project was adopted_ Apri 1 7 , 19-31, by Resolution No. of the Iowa City City Cotmcil (Legal Name of Public Housing Ag"cyl and is hereby submitted as the basis for an Annual Contributions Contract with ■ Total Development Cost of S 1,736,878 The projected date for Identify dots Identify revised execution of the Contract of Sale/Construction Contract is May 25, 1981 ; and the projected Project completion date is May 31, 1982 DATE SIGNATURE AND TITLE OF OFFICER AUTHORIZED TO SIGN FOR PMA HUD FIELD OFFICE RECOMMENDATIONS ATE 0 APPROVED 0 DISAPPROVED PONATURE OF FIELD OFFICE DIRECTOR Pym I of S Peres 7G RECOMMENDATION Identify approval, Identify dots Identify revised SIGNATURE AND DATE conditional approval, of attached mvier recommendation and of disapproval memo supporting date based on review rseommendation ortaehed)of any revisior DIRECTOR, EQUAL OPPORTUNITY DIVISION COUNSEL DIRECTOR, ECONOMICAMARKET ANALYSIS DIVISION )IRECTOR, HOUSING MANAGEMENT DIVISION )iRECTOR,CDMMUNITY PLANNING L DEVELOPMENT DIVISION IULTIFAMILY HOUSING REPRESENTATIVE ' THE ATTACHED REVIEf KLORANDA BY THE 1RCHITECTURAL AND ENGHP£ERING, VALUATION, COST, :ND MORTGAGE CREDIT SECTIONS, DATED - & , RESPECTIVELY, 7A VE LEEN CONSIDERED IN THIS RECOMMENDATION.) A RECTOR. HODUNG DEVELOPMENT DIVISION ATE 0 APPROVED 0 DISAPPROVED PONATURE OF FIELD OFFICE DIRECTOR Pym I of S Peres 7G 4. DWELLING CONSTRICTION AND EO ENT (DC&£) COST LIMITATION -NEW CO UCTION PROJECTS ONLY Section 6(b) of the U.S. Housing Act provides that DC&E cost shall not exceed 110 percent of the appropriate HUD - established prototype cost for the area. n recta • estimate romper. reasonable a von, no v •ice n• prole with a ypo sou o. of DCLE mats From Accounts 1460 and 1465 on DP Budget, Form HUD -52484. (1) Total (Fonily)(q(4r�f4 11j)�_unita S PER UNIT S (2) Dwelling Construction (Account 1,060) EAMOUNT ,684 I (5) TDC for Hypothetical New Project (product of lines (3)and (4)) = (3) Dwelling Equipment (Account 1465) 596(4) Subtotal 280 (5) Contingency ( per cent X Subtotal) Incl. Above (6) TOTAL DCLE _ 1,069,280 33,415 b. PROTOTYPE COST COMPARISON PERCENTAGE r (1) Total Project Prototype Cost Limit (PPCL) from Item 3 f 993,200 (2) Total DC L E Cost Estimate from b(6) above f 1,069, 280 (3) Comparison Percentage (line (2) divided by line (I)I — 1.07 R 5. DEVELOPMENT COST LIMITATION•ACOUISITION PROJECTS ONLY r Section 841.115(bX3) requires that the TDC for an acquisition project generally sball not exceed 90% of the imputed TDC for ■ comparable hypothetical newly constructed project. o. Hypothetical New Construction Project The following may be used as the computation of TDC for the hypothetical project; however, the PHA may submit in lieu of this calcu- tat' Its or of o bl h th t' I r ct 'tstatement of rationale its 1 (1) PPCL (Grand Total from Item 3/ r S (2) Adjustment to PPCL (up to IIOR if applicable) S (3) Result (product of lines (1) and (2)) = S (1) Development Factor (odjw r•tnt for non -OC&£ costs) ■ 175 �. I (5) TDC for Hypothetical New Project (product of lines (3)and (4)) = S b. Development Cost Comparison Percentage (1) TDC for Hypothetical New Project (from Sa(5) above) I S (2) Proposed Praia" TDC (Total from DP Budget, Form NOD -52484) I $ (3) Comparison Percentage (line (2) divided by line (1)) = I S. 6. AREAS AND COSTS OF DWELLING AND NONDWELLING BUILDINGS OR SPACES The fallowing definitions are to be used as a guide in determining the site of dwelling and nondwelling spaces. Gross floor space is the sum of all floor areas of headroom height within the exterior walls. Gross oondwelling space is the sum of all areas measured from the outside face of exterior walls enclosing the measured space or center line of partitions separating the measured space from other nondwelling or dwelling spaces. Gross dwelling space is the gross floor space minas the gross noodwelling space. Net nondwelling space is the sum of all areas measured from the interior faces of exterior walls, corridor walls and partitions separating the measured space from other nondwelling or dwelling spaces. Net dwelling space is the sum of individual unit net areas, which are measured from the inside faces of corridor walls, exterior walls and partitions separating the dwelling unit from other dwelling or noodwelling spaces. (For further definitions of dwelling space (Dwelling Corutruction) and nondwelling space (Nondwelling Construction), see Loco -Rent Housing Accounting Handbook 7510. 1. Chapter 3, Section 15.) Below, identify separately for family and for elderly the arms of dwelling and nondwelling buildings or spaces comprising floor space as defined above, and estimate the costs attributable to the areas.(For limitations on areas of nondwelling buildings and spaces, see Public Housing Development Handbook 7417.1) i • ■. D..•n4,g times, GROSS SO. FT. NET S0. FT. TOTAL COST FAMILY ELDERLY FAMILY ELDERLY FAMILY ELDERLY lipeceI g � ll l AdmirvcnaYna Bulldin0 ea aVV•cer CZ) kssintiew Ousdings or 8pams (3) convrurdty buildings or Ills m e N) Total Norchnellirtg ft� a. If ron/wolling spate Is art mclualrely for the proposed project, deck the applicable block(s) Were, and provide required Information (is as stanchness If ■ceesasq): ElNondwelling apace Is alae ler ether puklie bauaine projects and the applimi,le mounts and pats of such Maw w Included in there Lk. (Identify profeeKs) by project unbar, total namber of dwelling waltz, appUmbls allowable sreas(s) of moaduuslling space ted tis met(s) attribwus Monaco.) ElNmakeo(lina space is also far ptsjeets under other ■asished housing programs, We the applicable amounts and mote of such apace we not Ineludad in Item 36. (State the mama of the Program [e g., Sectiom 8], number of develling snits to be served. gross and set statere feet of applimble sondwelling space, total crus of such space, and the method by which tie east will be HUD -52483 (8-77; Pope 3 of 5 page• 177 3. ESTIMATE OF AVERAGE MONTHLY CONTRACT RENT OF THE PROPOSED PROJELi. As provided in Section 841.115(c)(3), the data in this item shall be the projected income for the first fiscal year of operation without use of operating subsidy based upon 95 percent occupancy by a tenant body selected in accordance with Section 841.115(c)(3). Provide, as submitted pursuant to Part E of the Application (Form HUD -52470), updated income information, any changes proposed to the Plan, and a reaffirmation as to market. Based on the updated information, provide realistic estimates as follows: o, Estimate of Average Monthly Gross Rent Per Unit Month S 135,87 b. Estimate of Tenant Supplied Utilities (from item li) $ 57.59 c. Estimate of Monthly Contract Rent (a minor b) $ 78.28 d. Estimate of Average Monthly Contract Rent based upon 95% Occupancy (.95 z c) 74.36 S A. PHA DETERMINATION. Fgh• PHA determines that (Check and complete a, or 6.): e. ® The Project's estimated operating expenses, $ 60.23 file- 2U, w111 HOT exceed the estimated operating Income, S 74,36 (Item 3d). b. Q The Project's estimated operating expenses, $ (item 2i). WILL exceed estimated operating income, S /Item 3d), by S (Item 2i minus firm 3d)and an operating subsidy of that amount will be required. 5. MAXIMUM ALLOWABLE OPERATING SUBSIDY.] The PUM amount of -estimated required operating subsidy (Item 4b)may not exceed the maximum amount thatcould be approvec based on the following calculation. Complete the calculation below of Maximum Performance Funding System (PFS) Operating Subsidy. Forms HUD -52720, Funding Formula Data Collection Form; HUD -52720A, Worksheet No. 1: Multiplications, and HUD -52720B, Worksbeet No. 11: Calculations of Variable products and Formula Expense Level; and requisite tables, whicl are required to calculate the Allowable Expense Level, will be provided by the HUD Field Office upon request. o. The PUM Allowable Expense Level computed for o new project pursuant to Section 890.105 of 24 CFR Part 890, Subpart A, Operating Subsidy - Performance Funding System, (The provisions S Per Unit Month Of,5ection 890. 110(b) of said Final Rule concerning adjustments to the Rase year Expense Level are applicable to such ecu projects) - b. Plus: The PUM Allowable Utilities Expense Level (less utilities labor and other incidental S Per Unit Month util"ties e22cnse) as indicated in Item 2c, Utilities Supplied by Project, above. c. Minus: The PUM Contract Rental Income computed pursuant to Item 3d above. S Per Unit Month d, Maximum PFS Operating Subsidy (a plus b minus e) S Per Unit Month !j�he above calculation does not apply to Alaska, Guam, Puerto Rico and (he Virgin Islands. The maximum operating subsidy eligibility for new projects for PHAs located in these jtrisdictions will be determined based upon an already existing PUM limit or, where no limit has been provided, the limit based upon a formula to be prescribed by HUD. PART III -ADMINISTRATIVE CAPABILITY The PHA may provide any updated information it has available to assist the Field Office in malting the determination required by Section 841.115(&x5) of the regulations. Current Staff Consists of the Following: 1) Housing Coordinator 2) Leased Housing Specialists 1) Housint Management Aide 1) Parttime temporary file clerk It is anticipated that after these units are in construction additional Section 8 Existing Housing units may be authorized and Project 22-4 could be converted to Public Housing Acquisition. Should this occur, the file clerk will be changed to fulltime permanent position. Current Section 8 program has maintained 95% plus oc- cupancy for several years. HUD -524113 (11-77) pep 5 of 5 Pugee / 7'e ADDENDUM - DEVELOPMEni PROGRAM Part II: HUD 52483 1. (a) Water Service. Information based on estimated consumption in Iowa City for units by size. Some increase has been provided based on increases in water rates and sewage treatment costs. 4 bdr. units S Det. = 31.90 56 therms @.448 = 25.08 3 bdr. units Det. 42S KWH @ No. of 44 therms @.4S9 = 20.19 3 bdr. units ROW Water Sewer Refuse Total Units TotaZ 2 bdr. unit 7S0 cu. ft. 5.68 2.02 '2!00 9.70 8 77.60 3 bdr. unit 1000 cu. ft. 7.08 2.70 2.00 11.78 20 235.60 4 bdr. unit 1250 cu. ft. 8.48 3.38 2.00 13.86 4 55.44 Average 969 cu. ft. 6.91 2.61 2.00 11.52 32 368.64 For project supplied an average of $1.00 per unit month is included to pro- vide for lams and shrubs at two sites. (b) For project supplied the two four-plex structures have a washer and dryer provided in each building which will require electricity, water (hot and cold), sewage and gas. Machines will be coin operated. (c) The project supplied electricity is for security lights at the two multi - (d) family sites and for the washer and dryer in the two four-plex structures. Computations of Gas $ Electric Estimates. (g) Solid Waste. The city of Iowa City charges for garbage collection. It is billed and collected with the water and sewage. Current policy is that the city will pick up garbage for up to 4 units. All multi -family structures must contract with private firms. Arrangements will be made to bill the pub- lic housing tenants the same as other customers and the city will handle the solid waste. 2. (a) Administrative Salaries. The few number of units involved do not warrant a fulltime administrator. The Program will utilize current authorized person- nel to administer this program. Costs will be prorated with the Section 8 Existing Housing program. The $15.00 PUM administrative fee is considered very low. X79 EZectric Gas 4 bdr. units Det. 500 KWH @ .0638 = 31.90 62 therms @.423 = 26.22 4 bdr. units S Det. = 31.90 56 therms @.448 = 25.08 3 bdr. units Det. 42S KWH @ .0647 = 27.49 44 therms @.4S9 = 20.19 3 bdr. units ROW = 27.49 40 therms @.467 = 18.68 2 bdr. walkup 350 KWH @ .0665 = 23.27 34 therms @.485 = 16.49 2/4 bdr. Detached 31.90 x 2 = 63.80 26.22 x 2 = 52.44 2/4 bdr. S/Detached 31.90 x 2 = 63.80 25.08 x 2 = 50.16 2/3 bdr. S/Detached 27.49 x 2 = 54.98 20.19 x 2 = 40.38 18/3 bdr. ROW 27.49 x 18 = 494.82 18.68 x 18 = 336.24 8/2 bdr. Walkup 23.27 x 8 = 186.16 16.49 x 8 = 131.92 32 $863.56 32 = $611.14 Average = 26.98 Average = 19.09 (g) Solid Waste. The city of Iowa City charges for garbage collection. It is billed and collected with the water and sewage. Current policy is that the city will pick up garbage for up to 4 units. All multi -family structures must contract with private firms. Arrangements will be made to bill the pub- lic housing tenants the same as other customers and the city will handle the solid waste. 2. (a) Administrative Salaries. The few number of units involved do not warrant a fulltime administrator. The Program will utilize current authorized person- nel to administer this program. Costs will be prorated with the Section 8 Existing Housing program. The $15.00 PUM administrative fee is considered very low. X79 -2- (b) Tenant services will be provided by current Section 8 staff. (c) Utilities supplied by Project. Includes security lights, water for lawn and shrubs and utilities during vacancies. (d) Operation $ Maintenance. Includes regular maintenance such as lawn mowing, snow removal at the two multi -family sites. This will be performed by City crews and charged back to this program on a direct time basis. Tools and ma- chines to be provided by the city. Other minor maintenance such as faucet re- pair, glass replacement, cleaning, etc. will be provided by city crews, if available; otherwise, it will be contracted with private industry on a job basis as necessary. (e) Insurance. This is an estimate only. Bids will not be solicited until a later date as insurance will not be required before August/September time frame. This amount seems adequate based on similar projects in the state. PART III. 3. (a) Average monthly Gross Rents were computed utilizing the Gross Family Contri- bution for the tenants now participating in the Section 8 Existing program. The two bedroom occupants (162) have an average Gross Family Contribution of $93.76. Three bedroom occupants (23) have an average Gross Family Contribu- tion o -f $139.95 and 4 bedroom occupants (4) have an average Gross Family Con- tribution of $199.75. 93.76 x 8 = 750.08 139.95 x 20 = 2,799.00 199.75 x 4 = 799.00 32 = 4,348.08 Average is $135.87 Form Approved OMB No. 63R-1570 U.S. DEPARTMENT OF HOUSINi n.vJ URBAN DEVELOPMENT PUBLIC HOUSING PROGRAM DEVELOPMENT COST BUDGET/COST STATEMENT 1 .ING UNITS COPY NUMBER Family Elderly Total 32 32 PR/PROJECT NUMBER IA 22-3 UBLIC HOUSING AGENCY _ O CA LITV O PROJECT OWB City, IOWB 52240 No financial or technical assistance may be provided to a project pursuant to an Annual Contributions Contract unless o development program, including a development cost budget, has been approved 124 CFR 841.116). House., T'P.ane Turnkey Conv. Force Act. New Construction ACO W/Subat. Rahb. 1 ACO WO/Subat. Rehab. ' TATUS (Check one) ®Development Program (DP) Budget - ❑Budget Between DP and Contract Award ❑Contract of Sale/Contract Award Budget ❑Budget Between Contract Award & Final ❑Final Development Cost Budget ❑Development Cost Control Statement ❑Statement of Actual Development Cost SUBPART I - BUDGET (e) ACTUAL ACTUAL DEVELOPMENTCONTRACTESTIMATED ��I)1COST INCURRED AWARDADDITIONAL BALANCE TO COMPLETE Date 1-7-81 T012'30-80 Ib) (c) (d) 1.1 TOTAL DEVEOPME NT EOST AMOUNT RO (c) + (d) + (e) UNIT 111 (g) DE 1 144 ELOPER'S PRICE 110,450 * 16S,450 5170 1450 Sita Int rovaments 1- 0-1. SBO 3174 Dwelling n , n 1 039 684 32490 4 1465 D-sIllno E u' in n 29,S96 92S 5 1470 Nondwalling Construction - 6 1475 Nondwallin E ul mon 7 1430.1 Archli. & En r. Svc,. 29 150 911 B Other ZZO 9 TOTAL DEVELOPER'S PRICE C•'r I.S86,114 49S66 PUBLIC HOUSING AGENCY COSTS ADMINISTRATION 0 1410.1 Nontechnical Sol.,!.. H H 411 7,986 8,397 262 1 1410.2 Technical Salaries 2 1410.4 Logo[ Ex an,., 3.780 1 3,780 118 3 1410.9 Employ., Ban.flt Com,matlon 2.350 2.350 73 4 1410.70 T,.v.I L 13 500 513 16 s 1410.12 Publications100 100 3 6 1410.14 M.mb.nhlp Dues and Fee, 7 1410.16 T.I.phona and T.I.g,.ph LJ O 12 350 362 11 1410.18 Epui m.nt Expondad g 1410.19 Sundry SO 789 0 TOTAL ADMINISTRATION1273 1 11415 LIQUIDATED DAMAGES a E 2 1 4 R In era- to HUD 1868 3 1420.21ntere- on Non. -.Non -HUD 4 1420.3 Intone on Bond, 5 1420.7 Interest Eernad from Invest. ' " TOTALINTEREST 59,761 59,761 1868 14425 INITIAL OPER. DEFICIT 1 600 1,600 50 8 i 4 N1 Arc h.cturd & Enc Foes 900 900 28 9 1430.2 Consultant Foea 7.4on 2,400 7 J 1430.6 Permit Fact 1 1430.7 lna action Co-, -12,200 12.20 381. 2 1430.9 Housing Surve a 3 1430.19 Sundry Planning Coats 1 000 1.00 4 PLANNING 3,300 13 456 16,75 524 g ETOTAL 5 14G0.1 PQro IeriTlPv rcheao, 1440.2 Condemnation Deoosita 1440.3 Excels Property ) 1440 4 Survey. and Map, 6,425 6,425 201 ) 1440.5 Approisals ' B 1440.6 Title Inlormation 824 1 200 2-10-2-4 63 1 1440.13 Legal Cost. - Sit. 42 1 7 1440.10 Option Negotiations 900 59 3 1440.12 Current 144 1 Sundry " 1440,20 Site Net Income TOTAL SITE ACQUISITION 9,1 1 , 410,39 325 1450 SITE IMPROVEMENTS 1450 DWELLING CONSTRUCTION 1465 DWELLING EQUIPMENT 2 1470 NONDWELLING CONSTRUCTIO1 1475 NONDWELLING EQUIPMENT 27 2 1480 CONTRACT WORK IN PROGRES TOTAL68,572 116.S63 1,716,24C 53632 2% 3,432 107 3 1495 RELOCATION COSTS 4 TOTAL (Including Donations) _ 81 5 Less Donations fi }FT�+u1drBEFORIE.CONTINGENCY 1,71-9,68-1 7 Contindgoncy' 1%0, 5% (co ko,) of I'm 56 17,19-/ 5 TOTAL DEVELOPMENT COST 69,200 1 1,736,87 54,27 Page 1 of 4 Pages HUD -52484 (8.77) 9ecc nnn 1..,_ 0;A 1,.. t -HM -Rnr Tonri Armlicitinn "A71 U.S. DEPARTMENT OF SING AND URBAN DEVELOPMENT DEVELOPMENT COST BUDGET/COST STATEMENT (Continued) SUBPART 11 — DETAIL OF OTHER IN DEVELOPER'S PRICE See Instruction 81a) / A. Developer's Fee and Overhead ........$ 103, 764„ Interim Financing ................. 101,984 :. Closing Costs ..................... 14,906 .. Property Taxes and Assessments ...... Inc. in H3 B. C. State or Local Sales, Excise or Other Taxes Inc. in N3 TOTAL OTHER S 220,654 A. SUBPART III — SUPPORTING DATA B. FOR COST ESTIMATES or the DP Budget, attach an itemized breakdown of the costs iargeable to each of the following accounts. For subsequent ,,dgets, provide this information only for accounts that are eing changed. 410.1 and 1410.2: List, by job title, each PHA employee whose .lacy, or portions thereof, will be chargeable to these accounts. or each, show the annual rate of gross salary, the estimated ngth of time to be spent in connection with development of tis project, and the total gross salary which is properly charge. Die to either of these accounts. If only a portion of the em. ,ogee's time will be chargeable to this project, show the per- niage that will be so chargeable; and show, in a footnote, the ,rcentage distribution to other projects and the accounts to hich distributed. 110.19: List and show the cost of each item of administrative ,d general expense for which a specific account is not provided the 1410 group of accounts. If only a portion of the cost of iy item will be chargeable to this project, show the percentage id amount that will be so chargeable; and show, in a footnote, .e percentage distribution to other projects. 130.2: List all planning consultants not paid under the archi- ci's contract and, for each, identify and show the cost of the rvices provided. i 30.7: Provide the same information required for 1410.1 and ,10.2, listing employees of the architect (or PHA when use of iA employees has been previously approved) who will perform .pection work for the project. �50: Where off-site facilities are proposed to be included, iden- y and show the cost of such facilities and provide justification including such costs in TDC. Where demolition is involved, ow the cost therefor. 65: Identify and show the cost of each item included in this count. 75: Complete the Table below and, on a separate attachment, 1 and show the cost of each item included in each sub -account. NONDWELLING EQUIPMENT 11475) COST 1475.1 Office Furniture and Equipment 875 1475.2 Maintenance Equipment 1475.3 Community Space Equipment 1475.7 Automotive Equipment 1475.9 Expendable Equipment TOTAL NONDWELLING EQUIPMENT 875 C COPY NUMBER PR/PROJECT NUMBER SUBPART IV — NEW CONSTRUCTION -PROTOTYPE COST COMPARISON PERCENTAGE Dwelling Construction and Equipment (DC&E) Cost from Subpart I 1. Total for Account 1460 .............. s 1, 039, 684 2. Total for Account 1465 .............. 29.596 3. Subtotal 0 + 2) ................... $ 1- Q69 280 4. Contingency Ly, x line 3) .......... IDC . AhoVP_ 5. Total DC&E (3 + 4),,,,;,,,,,,,,,,$ 1,069, _80 PPCL Total ................. 993,200 (Attach calculation from DP, Part 1, Subpart B, Item 3) Comparison Percentage = 1.07 01 (Line AS - Line Bl LINE NO. 1 2 3 4 SUBPART V — ACQUISITION-- DEVELOPMENT COST COMPARISON PERCENTAGE Proposed TDC from Subpart 1 .......... $ Hypothetical TDC ................... $ (A trach calculation from DP, Part I, Subpart B, Item 5a or, if applicable, other estimate and rationale.) Comparison Percentage = /Line A — Line 81 SUBPART VI — DETAIL OF DONATIONS (I ( SUBPART VII — PREVIOUSLY APPROVED BUDGETS List chronologically the dates and TDC on all previously approved budgets, beginning with the Development Program [DP) Budget, and state the purpose (i.e., one of the budgets listed in the "Stat- us" block on page 1 and any amendments thereto). DATE I TDC I PURPOSE I DP SUBMITTED BY: Neal G. Berlin 4-10-81 (Official Authorized to Sign for PHA) (Date) TITLE City Manager Iowa City Housing Authority (Legal Name of Public Housing Agency tPHA)) FOR HUD USE ONLY RECOMMENDED FOR APPROVAL BY: (Signature of Authorized Official) TI APPROVED BY: (Signature of Authorized Official) 95: State the number of households and businesses to be placed; and identify and show the estimated cost of relocation ,ices and payments to be provided. NONE Page 3 of 4 Pages (Date) (Darr) HUD -52484 18.77 `z ADDENDUM. DEVELOPMENT COST BUDGET - HUD FORM 52484 - PROJECT IA 22-3 COVERS THE PERIOD FROM JUNE, 1978, THROUGH EIOP OR JUNE 30, 1982 Line 1. 1440. Sites: 1 11,550 Lucas Street 2 14,500 Dodge Street 3 9,200 F Street 4 9,250 Highland 5 55,000 Muscatine 6 66,000 Broadway $165,450 Line 2. 1450. Site Improvements; 1 9,343.08 2 9,635.43 3 8,964.79 4 5,072.05 5 23,894.86 6 44,669.06 $101,579.27 Line 3. 1460. Dwelling Construction: 1 72,264.27 2 83,456.09 3 45,404.91 4 43,575.08 5 204,227.70 6 590,755.96 $1,039,684.01 Line 4. 1465 Dwelling Equipment 1 1,845.96 2 2,192.42 3 1,107.50 4 1,107.50 5 6,638.86 6 16,703.92 $29,596.16 /f3 2) Line 7. 1430.1 Architect & Engineering Services This figure was taken directly from the Developer's Submission. Line 8. Other Taken from Developer's submission $ includes Taxes, Financing and Closing Costs on Lots, Abstract up- dates, Revenue Stamps, Attorney Fees, Deed prepara- tion, Interim Financing, Developers overhead, Develop- ers Profit. Line 9. Total Developers Price. Taken directly from Developer's submission. Line 10. 1410.1 Non Technical Salaries $411.00 paid prior to December 1980. All other staff time to December 1980 was charged to and paid by Sec- tion 8 Existing Housing Program. StartinegJanuary 1981 Salary and Fringe Benefits and other similar adminis- trative costs will be pro rated (i.e. charging speci- fied percentage to this program through this budget period.) 22-3 = Total Housin Coordinator 1-1-81 6-30-81 2,100 15 315 = $1,890 7-1-81/6-30-82 2,310 1s 346 = 4,152 Marra ement Aide 1-1-81 6-30-81 1,165 5 58 = 348 7-1-81/6-30-82 1,260 5 63 = 756 Housing Specialist 7-1-81/6-30-82 1,395 5 70 = 840 $7,986 Line 12. 1410.4 Legal City Attorney staff time to 12-31-80 has been paid from Section 8 Administrative Fee. Starting 1-1-81 through 6-30-82 it is anticipated 6 hours per month will be required. This will include legal advice on Leases, Rules of Occupancy, Grievance Procedures, Contract Approval, Preliminary/Temporary Financing,etc. $35.00 per hour x 6 x 18 = $3,780 1851 3) Line 13. 1410.9 Employee Benefit $ 2,350 Utilized 20% of Salaries. This includes employer share of IPERS, FICA, Life $ Health Insurance, Workers Compensation. Line 14. 1410.10 Travel $ 500 Includes 6 trips to Des Moines for 2 persons. 430 miles round trip or 2,500 miles @ 18¢ per mile. Line 15. 1410.12 Publications $ 100 Payment of Subscriptions to Housing Development Reporter. $6S0 per year - 150. Line 17. 1410.16 Telephone & Telegraph $ 350 150 of Division budget for this 18 month period. 2325 x .15 Line 19. 1410.19 Sundry Includes $64S.00 spent as of December 31, 1980 for copying service, office supplies, printing, publication, word processing. Remainder is a projection for forms, office supplies, owned vehicle maintenance and supplies, pro -rata equip- ment maintenance agreements, and the first three years of Comprehensive General Liability and Fire and Extended Coverage Insurance Premium. Sundry other than CGL & F $ EC $ 4,245 First 3 years CGL & F&EC Ins. Premium 21,000 $25,250 Line 22. 1420.1 Interest to HUD Interest to HUD on Preliminary Notes. The Authority has a Preliminary Loan in the amount of $8,804.00 at interest rate of 6 5/8o accruing since 1-31-79. A second note in the amount of $60,396 was approved with interest rate of 13 7/8o accruing since 2-18-81. Use 30 day month 360 day year for daily rate. 8804 x .00625 : 360 = $1.62 per day. Interest 1-31-79 to 6-30-81 = $1.62 x 898 days = $1,455 Interest 2-18-81 to 6-30-81 = $60,396 x .13875 : 360 = $23.2776 per day 23.2776 x 137 days = 3,189 $ 4,644 /4S Line 27. 1425. Line 28. 1430.1 4) Nonpermanent Financing from date of ACC to June 30, 1982. After ACC through EIOP (June 30, 1982) financing will either be by temporary notes or direct acvances. Hous- ing Authority requirements by quarter are shown below. Interest during this period has been computed at 70. 6-1-81 $69,200 Preliminary Note Payback to 4,644 Interest on Preliminary Note 9-30-81 (Interest through June 30) 210000 For PHA costs already incurred and to be incurred. $94,844 x .07 = $6,640 will be required through EIOP $ 6,644 10-1-81 15,000 for PHA costs during the quarter. to 12-31-81 385,592 to purchase Phase I which should occur during the last week of November. $400,592 x .07 = 28,041 t 360 = 77.90 per day will be required through EIOP for 270 days. 77.90 x 270 = 21,033 $21,033 1-1-82 15,000 for PHA costs during the quarter. to 3-31-82 343,056 to purchase Phase II which should occur during the first week in Feb- ruary. $358,056 x .07 = $25,064 : 360 = 69.62 per day will be required through EIOP or 180 days - 69.62 x 180 = 12,532 $12,532 4-1-82 15,000 for PHA costs during quarter. to 6-30-82 857,465 to purchase Phase III which should occur 2nd week of May. $872,465 x .07 = 61,073 : 360 = 169.65 per day will be required through EIOP or 90 days x 165.65 = $14,908 $55,117 Initial Operating Deficit In absence of dependable previous experience, the allowable $50 per dwelling unit is projected - 32 x 50 = $ 1,600 Architectural $ Engineering Services Cost incurred to date shown on this line include a contract with WS Consultants, Inc. to develop plot plan, etc. in connection with a site on Kirkwood Ave. $ 900 0 Line 29. 1430.2 Line 30. 1430.6 Line 31. 1430.7 Line 33. 1430.19 Line 38 Line 40. Line 41 Line 42 Consultant Fees Costs included on this line are costs incurred in locating sites and performing site evaluations by contract with Means Agency. Permit Fees Rental Permits from the City of Iowa City Inspection Costs Inspecting Architect Contract with Pierce King Sundry Planning Costs. $1,000 is included in this account to cover any unforseen costs that may be incurred in reproduc- ing blue prints, specifications, etc. and other unforseen planning costs. 1440.4 Surveys and Maps. Costs incurred to date include payments to MALS Consultants for surveys and maps for the many sites considered for this project. 1440.6 1440.8 1440.10 Title Information. Costs incurred to date include amounts paid to Security Abstract to draw abstracts for city owned property in preparation for their utili- zation in this project. = 824 5) $ 2,400 $ 256 $12,200 $ 1,000 $ 6,425 Estimated additional through completion will cover required title work to transfer to De- veloper and when the property is returned to the Authority. Six sites will be turned over twice. = 1,200 $ 2,024 Legal Costs - Site. Costs incurred to date include those other than salary incurred in quiet title actions. Option Negotiations. Costs incurred securing options Schintler $ 500. Southgate $1,400 Monies paid to M. Johnson for Muscatine site are included in purchase price. $. 42 $ 1,900. If 6) Line 51. 1475. Non -Dwelling Equipment 2 File Cabinets ($215 ea.) 430. 1 Chair 145. 2 Book Shelves ($100 ea.) 200. 1 Calculator 100. $ 875 These items will be necessary for program adminis- tration and will supplement items on hand. NOTICE OF PROPOSED SALE OF PROPERTY RESOLUTION NO. 81-75 RESOLUTION SETTING PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY TO SOUTHGATE DEVELOPMENT COMPANY FOR THE PURPOSE OF DEVELOPING PUBLIC HOUSING PROJECT 22-3. WHEREAS, the City of Iowa City owns five parcels of real property located at the following addresses in Iowa City: 1. 333 South Lucas Street 2. 921h North Dodge Street 3. 1900 F Street 4. 1200 Highland Avenue 5. 2721 & 2727 Muscatine Avenue Complete legal descriptions of the above properties are on file at the City Clerk's office; and WHEREAS, the City Council proposes to sell the above-described real properties to Southgate Development Company for the specific purpose of developing Public Housing Project 22-3; and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the City proposes to sell the above- described properties to Southgate Development Company for the following amounts: 1. 333 I. Lucas - $11,500 2. 921h N. Dodge St. - $14,500 3. 1900 F Street - $9,200 4. 1200 Highland Ave. - $9,250 5. 2721 & 2727 Muscatine Ave. - $55,000 Total: $99,450 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1981 Code of Iowa, the hearing will be held before the City Council on the Af/ proposed disposition of the above-described properties at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 PM on April 21, 1981, and any persons having objections to said proposed action may appear and file their objections at said hearing. Dated this 7th day of April, 1981. Abbie Stolfus, city,Clerk c /,fog It was moved by Neuhauser and seconded by Perret Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl X Lynch X Neuhauser X Perret x Roberts x Vevera Passed and approved this 7th day of April 1981. �,/ MAYOR ATTEST: CITY CLERK Received & Approved By Ae Legal Depart ent the 111 Iowa City, Iowa April 7 , 1981 The City Council of Iowa City, Iowa, met in regular- session on the 7th day of ' April , 1981, at 7:30 o'clock P m., at the Civic Center in the City. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret Roberts Absent: Vevera The Council took up ana considered matters pertaining to the Industrial Development Revenue Bonds, Series 1981 (Mark Henri Ltd. of Iowa City Project). Whereupon, Council Member entitled: Perret introduced a Resolution "Resolution amending previous resolution of the City Council entitled: 'Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Mark Henri Ltd. of Iowa City Project) of the City of Iowa City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Mark Henri Ltd. of Iowa City, an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa, providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Mark Henri Ltd. of Iowa City providing for the repayment of the loan of the proceeds of such bond, and related matters'"# and moved its adoption, seconded by Council Member Neuhauser After due consideration of said resolution by the Council, the Mayor. put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts Nays: None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- SELIN, HARRIS, HELMICK i HEARTNEY, LAWYERS, DES MOINES, IOWA RESOLUTION 81-76 "Resolution amending previous resolution of the City Council entitled: 'Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Mark Henri Ltd. of'Iowa City Project) of the City of Iowa City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Mark Henri Ltd. of Iowa City, an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa, providing the terms and sale of sucIT bond; the execution and delivery of a Loan Agreement with Mark Henri Ltd. of lows. ui.ty providing for the repayment of the loan of the proceeds of such bond, and related matters"", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Mark Henri Ltd. of Iowa City (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area _ designated in such plan; and WHEREAS, the City Council of the Issuer has heretofore on the 10th day of March, 1981, made provisions for the issuance of an Industrial Development Revenue Bond, Series 1981 (Mark Henri Ltd. of Iowa City Project) of the Issuer in the aggregate principal amount of $150,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount (the "Original Authorizing Resolution") said Original Authorizing Resolution being entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Mark Henri Ltd. of Iowa City Project) of the City of Iowa City, Iowa, in the aggregate principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Mark Henri Ltd. of Iowa City, an Iowa corporation; the execution of a Lender Loan Agreement with First National Bank, Iowa City, Iowa, providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Mark Henri Ltd. of Iowa City providing for the repayment of the loan of the proceeds of such bond, and related matters", BELIN, HARRIS, HELMICK & HEAR{NI-V, LAWYERS, DES MOINES, IOWA /%--I WHEREAS, the Company has requested that the City reduce the principal amount of the Bond and the amount of the proceeds from the sale thereof to be loaned to the Company from $150,000 to $70,000; and WHEREAS, it is necessary and desirable and in the beet interests of the Issuer to amend the Original Authorizing Resolution accordingly; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. That the Original Authorizing Resolution be amended to insert the amount of $70,000 therein in each place in which the amount of $150,000 appears therein. Section 2. That the Lender Loan Agreement, Bond, Loan Agreement and all other documents relating to the issuance of the Bond be also amended to reflect the reduction in the principal amount of the Bond from $150,000 to $70,000 and such documents as so amended and modified are hereby approved and authorized. Section 3. Except as herein amended, the provisions of the Original Authorizing Resolution shall remain in full force and effect. Passed and approved this 7th day of (Seal) i April 1981. eELIN. HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA 1azl STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the -adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 7th day of Auril , 1961. pp (Seal) -5- ISELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA /a� Authorization and Issuance Proceedings Iowa City, Iowa April 7 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 7th day of April 1981, at 7:30 o'clock p.m., at t the Civic Center in the City. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts Absent: Vevera The Council investigated and found that notice of intention to issue Industrial Development Revenue Bond, Series 1981 (Cards Et Cetera, Ltd. Project) in the principal amount of $100,000, had as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bond. Council Member Lynch introduced a Resolution entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Cards Et Cetera, Ltd. Project) of the City of Iowa City, Iowa, in the principal amount of $100,000, to finance the costs of certain equipment and leasehold improvements for Cards Et Cetera, Ltd., an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Cards Et Cetera, Ltd. providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Roberts After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Balmer Nays: Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- Upon motion and vote, the meeting adjourned. Attest: O Clerk (Seal) sM 9ELIN, HARRIS, HELMICK F HEARTNEY, LAWYERS, DES MOINES, IOWA IV RESOLUTION 81-77 "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Cards Et Cetera, Ltd. Project) of the City of Iowa City, Iowa, in the principal amount of $100,000, to finance the costs of certain equipment and leasehold improvements for Cards Et Cetera, Ltd., an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Cards Et Cetera, Ltd. providing for the repayment of the loan of the proceeds of such bond, and related matters", ' WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Cards Et Cetera, Ltd. (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain.equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area designated in such plan; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1981 (Cards Et Cetera, Ltd. Project) of the Issuer in the principal amount of $100,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of March 1, 1981 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of March 1, 1981 (the "Lender Loan Agreement") by and between the Issuer and Iowa State Bank & Trust Company, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and -3- M! WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Project Consistent with Urban Renewal Plan. That the Issuer defray the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a retail facility located within the Urban Renewal Area of the Issuer and consistent with the Urban Renewal Plan by issuing the Bonds and loaning the proceeds from the sale of the Bonds to the Company. Section 2. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $100,000. The Bond shall be issued as a single Bond in fully registered form, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon does not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $100,000, in immediately available funds at the office of the Lender in Iowa City, Iowa shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. 7S /79 Section 4. Repayment of Loan. That the Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 5. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire, and equip the Project and the payment by the Company of an amount sufficient to pay the principal of any premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this l 7th day of April , 1981. Attest: City Clerk (Seal) CCC -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA aa V STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 7th day of April , 1981. 2L - City Clerk vA (Seal) agog/ Authorization and Issuance Proceedings Iowa City, Iowa April 7 1981 The City Council of Iowa City, Iowa, met in regular session on the 7th day of April 1981, at 7.30 o'clock P .m., at the Civic Cinter in the City. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch,-Neuhauser, Perret, Roberts Absent: Vevera The Council investigated and found that notice of intention to issue Industrial Development Revenue Bond, Series 1981 (Rosja, Ltd. Project) in the principal amount of $70,000, had as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bond. Council Member Lynch introduced a Resolution entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Rosja, Ltd. Project) of the City of Iowa City, Iowa, in the principal amount of $70,000, to finance the costs of certain equipment and leasehold improvements for Rosja, Ltd., an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Rosja, Ltd. providing for the repayment of the` loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Roberts After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Balmer Nays: None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- SELIN, HARRIS, HELMICK a HEARTNEY, LAWYERS. DES MOINES, IOWA ,?.o .2— Upon motion and vote, the meeting adjourned. yor Attest: Clerk (seal) -2- BELIN, HARRIS. HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA a403 RESOLUTION 81-78 "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Rosja, Ltd. Project) of the City of Iowa City, Iowa, in the principal amount of $70,000, to finance the costs of certain equipment and leasehold improvements for Rosja, Ltd., an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Rosja, Ltd: providing for the repayment of the loan of the proceeds .of such bond, and related matters", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Rosja, Ltd. (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area designated in such plan; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1981 (Rosja, Ltd. Project) of the Issuer in the principal amount of $70,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of March 1, 1981 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of March 1, 1981 (the "Lender Loan Agreement") by and between the Issuer and Iowa State Bank & Trust Company, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and -3- SELIN, HARRIS, HELMICK 8, HEARTNEY, LAWYERS, DES MOINES, IOWA O' D1,1 WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Project Consistent with -Urban Renewal Plan. That the Issuer defray the cost of acquiring, constructing, improving and equipping a commercial consisting of a retail facility located within the Urban Renewal Area of the Issuer and consistent with the Urban Renewal Plan by issuing the Bonds and loaning the proceeds from the sale of the Bonds to the Company. Section 2. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $70,000. The Bond shall be issued as a single Bond in fully registered form, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon does not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $70,000, in immediately available funds at the office of the Lender in Iowa City, Iowa shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. Elm BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA a(�s Section 4. Repayment of Loan. That the Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 5. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire, and equip the Project and the payment by the Company of an amount sufficient to pay the principal of any premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section S. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 7th day of �April /I 1981. -/Mayor -- Attest:66 J City Clerk (Seal) -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 2O4 STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and th :3rporate seal.of said City hereto affixed this 7th day of April 1981. tv City Clerk (Seal) BELIN. HARRIS, HELMICK & HEARTNEY. LAWYERS, DES MOINES, IOWA vza , Authorization and Issuance Proceedings Iowa City, Iowa 1981 The City Council of Iowa City, Iowa, met in regular session on the 7th day of April 1981, at 7:30 o'clock P .m., at the Civic Center in the City. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lvnch, Neuhauser Absent: Vevera The Council investigated and found that notice of intention to issue Industrial Development Revenue Bond, Series 1981 (Lenoch & Cilek, Inc. Project) in the principal amount of $150,000, had as directed by the City Council, been duly given according to law and a hearing held thereon and the Council authorized the Issuer to proceed with the issuance of such Bond. Council Member Lynch introduced a Resolution entitled: "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Lenoch & Cilek, Inc. Project) of the City of Iowa City, Iowa, in the principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Lenoch & Cilek, Inc. Project, an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa, providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Lenoch & Cilek, Snc. providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Roberts After due consideration of said resolution by the Council, the Mayor put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Balmer Nays: None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- BELIN, HARRIS, HELMICK & HEARTNEY. LAWYERS; DES MOINES, IOWA .249 Upon motion and vote, the meeting adjourned.�� Mayor Attest: �\ a ('c— ui Clerk (Seal) -2- BELIN, HARRIS. HELMICK & HEARTNEY. LAWYERS. DES MOINES. IOWA 'W-7 d� RESOLUTION 81-79 "Resolution authorizing the issuance and sale of an Industrial Development Revenue Bond (Lenoch & Cilek, Inc. Project) of the City of Iowa City, Iowa, in the principal amount of $150,000, to finance the costs of certain equipment and leasehold improvements for Lenoch & Cilek, Inc. Project, an Iowa corporation; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa, providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Lenoch & Cilek, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise which the City Council finds is consistent with an urban renewal plan adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has made the necessary arrangements with Lenoch & Cilek, Inc. (the "Company"), an Iowa corporation, for its acquisition by construction or purchase of certain equipment and leasehold improvements suitable for use in its commercial enterprise, located within the Urban Renewal Area of the Issuer (the "Project"), which the Issuer has found to be consistent with the Issuer's Urban Renewal Plan, Project No. Iowa R-14, for the Urban Renewal Area designated in such plan; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of an Industrial Development Revenue Bond, Series 1981 (Lenoch & Cilek, Inc...Project) of the Issuer in the principal amount of $150,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of March 1, 1981 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of March 1, 1981 (the "Lender Loan Agreement") by and between the Issuer and Iowa State Bank & Trust Company, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA p2/0 WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Project Consistent with Urban Renewal Plan. That the Issuer defray the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a retail facility located within the Urban Renewal Area of the Issuer and consistent with the Urban Renewal Plan by issuing the Bonds and loaning the proceeds from the sale of the Bonds to the Company. Section 2. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $150,000. The Bond shall be issued as a single Bond in fully registered form, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon does not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but is a limited obligation of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 3. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $150,000, in immediately available funds at the office of the Lender in Iowa City, Iowa shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. -4- BE'LIN, HARRIS. HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA .211 Section 4. Repayment of Loan. That the Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 5. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire, and equip the Project and the payment by the Company of an amount sufficient to pay the principal of any premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan -Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 7. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 7th day of April 1981. � layor Attest: City Clerk (Seal) -5- BELT N, HARRIS, HELMICK 8, HEARTNEY, LAWYERS, DES MOINES, IOWA '0.?/0Z- STATE OF IOWA COUNTY OF JOHNSON SS. CITY OF IOWA CITY I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 7th day of April 1981. (&&- '���j City Clerk (Seal) BELIN, HARRIS, HELMICK a HEARTNEY, LAWYERS, DES MOINES, IOWA a.213 RESOLUTION NO. 81-80 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AGREEMENTS WITH SUNRISE ENTER- PRISES, INC. AND ROBERT AND ERMA WOLF REGARDING ACCESS TO SCOTT BOULEVARD. WHEREAS, it is necessary for the City to acquire the right-of- way for the Scott Boulevard improvement project, and WHEREAS, Sunrise Enterprises, Inc. and Robert and Erma Wolf are willing to convey their portion of the right-of-way, and WHEREAS, the City finds it in the public interest to provide Sunrise Enterprises and the Wolfs assurances of reasonable access to Scott Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY IOWA, THAT THE Mayor is hereby authorized to execute and the Clerk to attest the agreements with Sunrise Enterprises, Inc. and Robert and Erma Wolf. It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X John R. Balmer x Erdahl X Lynch x Neuhauser X Perret X Roberts X Vevera Passed and approved this 7th day of April 19 81 _ ~Mayyyoi-, -y r ATTEST L2(z7 City Clerk Rece:vsd d�:rou•;c! 9y 'i:» legal Dr:fiar"r..+::e - a� � AGREEMENT This agreement made and entered into between the City of Iowa City, Iowa hereinafter designated as "City," and Sunrise Enterprises, Inc. WHEREAS, Sunrise Enterprises, Inc. is the owner of record of a tract of real estate situated east and adjacent to the proposed Scott Boulevard, and WHEREAS, the City is desirous of acouirinq from said tract the following described real estate for right-of-way of Scott Boulevard: Commencinq at the SW corner of Section 18, T79N, P.5W of the 5th P.M.; thence N 00°23'26" 14 1561.79 feet along the W line of said Section 18 to the point of beginning (the E line of the SW 1/4 of Section 19 is assumed to bear S 00°03'29" E); thence N 00°23'26" W 1062.80 feet along the W line of said Section 18 and the centerline of Scott Boulevard to the southerly right-of-way line of Muscatine Avenue; thence easterly 50 feet along a 22,887.00 foot radius curve concave southerly and whose 50 foot chord bears 89°56'06" E; thence S 00023'26" E 1062.59 feet; thence S 89°41'34" W 50.00 feet to the point of beginning. Said tract contains 53,135 square feet more or less. and, WHEREAS, Sunrise Enterprises, Inc. in March of 1980, executed a Letter of Intent with the City, agreeing to convey the right-of-way to the City, and WHEREAS, Sunrise Enterprises, Inc. is concerned over access to its remaining property from Scott Boulevard in order to develop said property, and the City recognizes such concern. NOW, THEREFORE, in consideration of the transfer of the above-described property, the City does hereby recognize the right of Sunrise Enterprises, Inc., or their successors or assigns, to have access to its remaining property from Scott Boulevard at an area so as to make said property adaotable to development pursuant to the Iowa City subdivision regulations, together with the right, upon described application, and upon the incorporation of Scott Boulevard into the corporate limits of the City, to receive reasonable access rights similar to that now available under Sections 31-59, 31- 60, 31-61, and 31-70 of the Iowa City Code of Ordinances. Dated this day of i; 1981. CITY OF IOWA CITY, IOWA SUNRISE ENTERPRISES, INC. J JOHN R. BALMER, Mayor ROBERT G. BARKER, President ATTEST: ABBIE STOLFUS, City IC Fe—r c By A IP F. SI R B, ecretary �� S STATE OF IOWA SS. JOHNSON COUNTY -z - On this ' day of I I I I , 1981, before me, a Notary Public in and—f—o—rthe State —o ow�rsonally appeared John R. Balmer and Abbie Stolfus, to me personally known, who being by me duly sworn did say that they are Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, that the seal affixed to said Instrument is the seal of said corporation and that said Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and the said John R. Balmer and Abbie Stolfus acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA SS. JOHNSON COUNTYadayt.f On this �iJY.( c,l'� 1981, before me, a Notary Public. in and e Sate o `Iowa personally appeared Robert G. Barker and Alvin F. Streb, to me personally known, who being by me duly sworn did say that they are President and Secretary, respectively, of Sunrise Enterprises, Inc., that the seal affixed to said Instrument is the seal of said corporation and that said Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and the said Robert G. Barker and Alvin F. St b cknowledge the execution of said Instrument to he the voluntar ac d d d of�id cjrporation by it voluntarily executed. / / ill c i n and U or tPo� of Iowa J/ V AGREEMENT This agreement made and entered into between the City of Iowa City, Iowa hereinafter designated as "City," and Robert H. Wolf and Erma J. Wolf, husband and wife, hereinafter collectively designated as "Wolfs." WHEREAS, Wolfs are the equitable title holders of the following described real estate situated in Johnson County, Iowa: Beginning at the NW corner of Sec. 19, T79N, R5W of the 5th P.M.; thence S along the W line of said Sec. 19, 955.00 feet; thence E 907.73 feet; thence N 1918.77 feet; thence W 909.31 feet; thence S00°05'0" E to the point of beginning; being a tract in Sections 18 and 19, T79N, R5W of the 5th P.M. said real estate being purchased from Sunrise Enterprises, Inc., under a real estate contract and, WHEREAS, the City is desirous of acquiring from said tract the following described real estate for right-of-way of Scott Boulevard: Beginning at the NW corner of Section 19, T7911, R5W of the 5th P.M.; thence S 00°18'56" E 954.69 feet along the W line of Section 19 and the centerline of Scott Boulevard (the W line of the S14 1/4 of Section 19 is assumed to bear S 00°03'29" E); thence N 89°41'04" E 50.00 feet; thence N 00°18'56" W 954.72 feet; thence N 00°23'26" W 962.84 feet; thence S 89°41'34" W 50.00 feet, thence S 00°23'26" E 962.87 feet along the W line of Section 18, T79N, R5W and the centerline of Scott Boulevard to the point of beginning. Said tract contains 95,877 square feet more or less. and, WHEREAS, Wolfs in March of 1980, executed a Letter of Intent with the City, agreeing to convey the right of way to the City, and WHEREAS, Wolfs are concerned over access to their remaining property from Scott Boulevard in order to develop said property, and the City recognizes such concern. NOW, THEREFORE, in consideration of the transfer of the above described property, the City does hereby recognize the right of Wolfs, or their successors or assigns, to have access to the remaining property from Scott Boulevard at an area so as to make said property adaptable to development pursuant to the Iowa City subdivision regulations, together with the right, upon described application, and upon the incorporation of Scott Boulevard into the corporate limits of the City, to receive reasonable access rights similar to that now available under Sections 31- 59, 31-60, 31-61, and 31-70 of the Iowa City Code of Ordinances. Dated this 15th day of April 1981. CITY OF IOWA CITY, IOWA By / 1 �/ J, C , ROBERT Hf WOLF JOH14 R BALMER, Mayor ATTEST: ( ! lL i C' �� ERMA J WOLF / A RIE ST LFIIS, City Clerk 4V21v STATE OF IOWA SS. JOHNSON COUNTY -z - SUNRISE ENTERPRISES, INC. BY ROBERT , resp ent Ry lam` ii 1 A F , Secretary On this 15th day of April 1981, before me, a Notary Public in and—Too the State of— owf a personally appeared John R. Balmer and Abbie Stolfus, to me personally known, who beinq by me duly sworn did say that they are Mayor and City Clerk, respectively, of the City of Iowa City, that the seal affixed to said Instrument is the seal of said corporation and that said Instrument was siqned and sealed on behalf of said corporation by authority of its Board of Directors and the said John R. Balmer and Abbie Stolfus acknowled the execution of said Instrunent to be the voluntary act and deed/16f said corporation by it voluntarily executed. STATE OF IOWA SS. JOHNSON COUNTY of ry Public in and tor the State of Iowa On this 9th day of A ril , 1981, before me a Notary Public in and or the State o Iowa, personally appeared Robert H. Wolf and Erma J. Wolf, to me personally known to be the persons who executed the above said Instrument and acknowledged the execution of the same to be their own voluntary act and deed. 14ITNESS my hand and Notarial Seal tay� month and pear last above written. STATE OF IOWA SS. JOHNSON COUNTY yu is n and for State of Iowa On this 9th day of April , 1981, before me, a Notary Public in andoor—the State of— ow�rsonally appeared Robert G. Barker and Alvin F. Streb, to me personally known, who being by me duly c:;21/ -3 - sworn did say that they are President and Secretary, respectively, of Sunrise Enterprises, Inc., that the seal affixed to said Instrument is the seal of said corporation and that said Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and the said Robert G. Barker and Alvin F. req acknowledge the execution of said Instrument to be the voluntary ad 71eed of said rporation by it voluntarily executed. �' A A of Iowa RESOLUTION NO. 81-81 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Rosebud, 505 E. Burlington Hill Top Lounge,1100 N. Dodge St. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x Lynch x Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 21st 19 81 ayor Attest: � City Clerk ABSENT: X day of April , si7 RESOLUTION NO. 81-82 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE DECK REPLACEMENT PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 5th day of May , 19 81 , 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 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 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 Vevera that the Resolution as read be adopted, AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 21st ATTEST: City and seconded by upon roll call day of Perret there were: Mayor 8lecelved & Approved By The legal Department D0. t/,i_/Or 19 81 MI RESOLUTION NO. 81-83 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CBD ALLEY PAVING - PHASE I, BLOCKS 102 AND 103 O.T. DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 5th day of May , 19 81 , 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 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 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: W BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 21st ATTEST day of April 19 81 . R McOG ed & Approved l By The Legal Dcpatm-n; Da d/If./A, 'a7?/ 91 SOLUTION NO. 81-84 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIJMATE OF COST FOR THE CONSTRUCTION OF THE— PARKING RAMP "A" EXIT LANE DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 5th day of May , 19 81 , 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 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 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this ATTEST BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA 21st day of April . 198_ D R Ah/ /e o!�" RESOLUTION NO. 81-85 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS - III DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 5th day of May , 1981 , 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 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 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 Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 21st ATTEST: day of April , 19 81 RESOLUTION NO. 81-86 RESOLUTION SETTING A PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN EAST IOWA CITY (VACATED PICKARD STREET R.O.W. BETWEEN HIGHLAND STREET AND FRIENDLY AVENUE). WHEREAS, the City of Iowa City owns the following real property: Beginning at the Southeast corner of Lot 43, Kirkwood Place, an addition to Iowa City, Iowa, as recorded in Book 3, page 126 of the Johnson County Recorder's office; thence N 01°03'34" E 125.23 feet along the westerly R.O.W. line of Pickard Street to the Northeast corner of Lot 43 of said Kirkwood Place; thence S 88°59'46" E, 60.00 feet along the southerly R.O.W. line of Friendly Avenue to the Northwest corner of Lot 47 of said Kirkwood Place; thence S 01°03'34"" W, 124.82 feet along the Easterly R.O.W. of Pickard Street to the Southwest corner of Lot 47 of said Kirkwood Place; thence westerly 60 feet to the point of beginning. WHEREAS, the City Council proposes to sell the above-described real property to John A. and Carolyn A. Gross and Max E. and Martha M. VanKirk and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $4,000. 2. Prior to conveyance the City shall place an easement 15 feet in width, over the existing sanitary sewer line, the centerline of which is described as follows: Commencing at the Southeast corner of Lot 43, Kirkwood Place, an addition to Iowa City, Iowa, as recorded in Book 3, page 126 of the Johnson County Recorder's office; thence S 88°59'46" E, 26.00 feet to the point of beginning; thence N 01°03'34" E to the intersection of the southerly right-of-way line of Friendly Avenue. 3. John A. and Carolyn A. Gross and Max E. and Martha M. VanKirk shall provide a quitclaim deed to the City for the vacated portion of Pickard Street south of the above-described real estate. WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above real property to John A. and Carolyn A. Gross and Max E. and Martha M. VanKirk for the sum of $4,000. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the ".2 o? City Council on the proposed disposition of the above described property at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 PM on the 5th day of May, 1981, and any persons having objections to said proposed action may appear and file their objections at that hearing. It was moved by Vevera and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl X Lynch X Neuhauser X Perret x Roberts x Vevera Passed and approved this 21st d of APril 1981. AYOR ATTEST: CITY CLERK Perret the ate'eivad I'+ I,��1 �e�alillC[71� �� .3 RESOLUTION NO. 81-87 RESOLUTION AMENDING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOT 90, TY'N CAE PART II, IOWA CITY, IOWA. WHEREAS, the owner, Ty'n Cae, Inc. has filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended final Large Scale Residential Development plan (LSRD) of Lot 90, Ty'n Cae Part II; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed amended final LSRD plan and have recommended approval of same; and WHEREAS, the said amended final LSRD plan has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said amended final LSRD plan is found to conform with all the 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: 1. That the said LSRD plan is hereby approved 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. It was moved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl X _ Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 21st day of April 1981. AYOR I,/ / ATTEST: /iL ��1�/- CITY CLERK By T:m ago;� RESOLUTION NO. 81-88 RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO EXTEND THE BOUNDARY OF THE LOWER RALSTON CREEK NEIGHBORHOOD. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa, 1979, to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight, and to encourage urban rehabilitation, and WHEREAS, the Lower Ralston Creek Neighborhood has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and the spread of blight, and WHEREAS, it has become apparent that in order to effectively carry out the intent of Resolution No. 79-360 and to eliminate blight due to periodic flooding of Lower Ralston Creek, it is necessary to extend creek improvements beyond the original boundary of the project area, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the City Council has considered the above findings and it is hereby found by the City Council that: 1. One or more slums or blighted areas exist in the City of Iowa City, Iowa. 2. Dne of these areas is known as the Lower Ralston Creek Neighborhood, which project area is described as follows: An area bounded on the north by Court Street, on the east by Gilbert Street, on the south by the Cedar Rapids and Iowa City railroad tracks south of Kirkwood Avenue, and on the west by Dubuque Street, as illustrated on the map marked Exhibit A attached hereto and by this reference incorporated herein. 3. The rehabilitation, conservation, redevelopment or a combination thereof, of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Iowa City, Iowa. V'-7 -5- It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 21st day of April , 1981. ATTEST: CITY CLERK AYOR � Received & Approved By The Legal Department r"l2c✓ ;/— /G — "22L W W gx r+� BURLINGTON POS7 OFFICE HARRISON HENRY SABIN LII Z SCHOOL 1--0PRENTISSD _Z m J � U - � BENTON FELM GROVE KIRK iT-1 W J r CT W _ m Z Z J_ • W . III o r C7 I>i mill IM, arm Z W tz m B 1. ST. LEGEND LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT : n project boundary • SCALE : o®'.." REVISFDr •-••. aP27 �L POS7 OFFICE HARRISON HENRY SABIN LII Z SCHOOL 1--0PRENTISSD _Z m J � U - � BENTON FELM GROVE KIRK iT-1 W J r CT W _ m Z Z J_ • W . III o r C7 I>i mill IM, arm Z W tz m B 1. ST. LEGEND LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT : n project boundary • SCALE : o®'.." REVISFDr •-••. aP27 City of Iowa Cizy MEMORANDUM Date: April 15, 1981 To: City Council From: A Jim Hencin, CDBG Program Coordinator Re: Amendment to Resolution of Necessity for the Lower Ralston Creek Redevelopment Plan As indicated in the memo from Chuck Schmadeke and myself regarding the preliminary engineering design plans for creek improvements in the Lower Ralston Creek area, some unanticipated improvements will be needed at the Kirkwood Avenue bridge and immediately south of Kirkwood Avenue. These additional improvements result in an extension of the southern boundary of the project area. Chapter 403 of the 1979 Code of Iowa requires the City to follow certain procedures if changes are made in the project boundary of a designated redevelopment area. These requirements include an amended "resolution of necessity" which finds that the area (including the extension) is a slum or blighted area in need of and appropriate for redevelopment. The attached resolution is needed in order to comply with the state law in this respect. bj3/1 RESOLUTION NO. 81-89 RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT. WHEREAS, the City of Iowa City entered into a contract for engineering services with Shoemaker and Haaland, Professional Engineers, Inc. on November 19, 1980, and WHEREAS, it is deemed that certain changes in the contract scope of services are necessary due to a change in project scope. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated November 19, 1980, entered into by the City of Iowa City and Shoemaker and Haaland, Professional Engineers, Inc., be amended as specified in the attachment to this Resolution, which is by reference made a part hereof. 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to said contract incorporating the above amendments. It was moved by Neuhauser and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser x Perret X Roberts X Vevera Passed and approved this 21st day of April 1981. �YORMA ATTEST: CITY CLERK ROMWed & Approved By The t�Legal Department Vevera the .2a f AMENDMENT ONE AMENDMENT TO CONTRACT BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER AND HAALAND, PROFESSIONAL ENGINEERS, INC. � LA This Agreement, made and entered into this day of VA 1981, by and between the City of Iowa, City, a .municipal cor oration (herein referred to as the "City"), and Shoemaker and Haaland, Professional Engineers, Inc. (herein referred to as "Consultant"), is an amendment to the contract for provision of engineering services relative to the Lower Ralston Creek Improvement Project. This agreement amends portions of the original contract executed November 19, 1980, as follows: II. TIME OF COMPLETION The project schedule is hereby amended to read as follows: Design Phase - April 30, 1981 Bidding Phase - June 15, 1981 Construction Phase - November 15, 1981 IV. COMPENSATION FOR SERVICES This section is hereby amended to read as follows: A. The total fee for Phase A shall not exceed $74,594.00. B. The total fee for Phase B shall not exceed $10,497.00. EXHIBIT A - SCOPE OF SERVICES The project scope is hereby amended to read as follows: 1. Excavation and expansion of the Ralston Creek west bank to a 50-60 foot bottom width, 2:1 side slope channel, as permitted, from Harrison Street to approximately 200 feet downstream from Kirkwood Avenue. 2. Stabilization of the excavated Ralston Creek banks between Harrison Street and Kirkwood Avenue. 3. Relocation of water and sewer utilities. 4. General landscaping throughout the project area. 5. Construction of a new culvert on the west side of the existing Kirkwood Avenue culvert. 6. Construction of a new culvert on the west side of the existing Benton Street culvert. 7. Reconstruction of curbs, sidewalks, handrails, and street surface to allow smooth overtopping of floodwaters at Prentiss Street. � 3d 2 8. Reconstruction of the street and sidewalks over the Kirkwood Avenue culvert. 9. Pavement removal, grading, and resurfacing of one block of Benton Street between Gilbert Street and Dubuque Street. In witness whereof, the parties hereto have executed this Agreement on this74�`day of N u 1981. ATTEST: ATTEST: City Clerk DZeeceived & ApprOved By The Legal De a n4 Lu% s 0?36 Memorandum of Agreement Iowa City, Iowa April 21 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 21st day of April 1981, at 7:30 o', clock, P.m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Lynch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Lynch introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Henry Louis, Inc." and moved its adoption; seconded by Council Member Perret After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Vevera, Balmer, Lynch, Neuhauser, Perret, Roberts Nays: Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) -1- BELIN, HARRIS. HELMICK & HEARTNEY. LAWYERS. DES MOINES. IOWA p�V RESOLUTION 81-90 A Resolution authorizing the execution of a Memorandum of Agreement with Henry Louis Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan and the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Henry Louis Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the'City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer such further action as may be necessary purpose of the Memorandum of Agreement. -2- are hereby authorized to take to carry out the intent and ISELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA �� Z Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 21st day of April 1981. M 'yor Attest: City Clerk 'ScE (Seal) ISELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA A✓ J EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Henry Louis Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Henry Louis Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $80,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $80,000. -4- BELIN, HARRIS. HELMICK & HEARTNEY. LAWYERS, DES MOINES, IOWA 0;3� (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Compan (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. -5- T A SELIN, HARRIS, HELMICK & HEARTNEY. LAWYERS. DES MOINES, IOWA 4;3.r (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this 21st day of Attest: 11_MC <�Cy Clerk (Seal) April , 1981. Lou isBy • ' MM. BELIN, HARRIS, HELMIC.`K & HEARTNEY, LAWYERS, DES MOINES, IOWA ;.3 (P State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Henry Louis Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 21st day of April 1 1981. (Seal) City Clerk G -7- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA A3" Proceedings Fixing Date for Hearing Iowa City, Iowa 1 21 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 21st day of April 1981, at 7:30 o'clock, P .m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Lynch, Neuhauser, Perret, Roberts, Vevera Absent: F.rrlahl Matters were discussed concerning the issuance of Industrial Development Revenue Bond. Whereupon, Council Member Vevera introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bond (Henry Louis Inc. Project)", and moved its adoption, seconded by Council Member Perret After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Balmer, Lynch, Neuhauser, Perret, Roberts, Vevera Nays: None Absent: Erdahl Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the Attest: ty Clerk (Seal) -1- E19LIN, HAAFTIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA '0S f" RESOLUTION 81-91 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bond (Henry Louis Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Henry Louis Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bond (Henry Louis Inc. Project) of the Issuer in the aggregate principal amount not to exceed $80,000 (the "Bond") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project - and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bond may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bond, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- EELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 107W Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 19th day of May , 1981, at 7:30 o'clock, P.m., at which time and place a public hearing shall be held on the proposal to issue the Bond referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bond. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bond, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Press -Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- BEi-IN FfAFffl!fr HSGMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA IP? f-101- NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BOND (Henry Louis Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 19th day of May , 1981, at the Civic Center , in Iowa City, Iowa, at 7:30 o'clock, P.m.', £or the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bond (Henry Louis Inc. Project) of the Issuer, in the aggregate principal amount not to exceed $80,000 (the "Bond"), and to loan said amount to Henry Louis Inc. (the "Company"), an Iowa Corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bond, if issued, will be limited obligation and will not constitute a general obligation of the Issuer nor will it be payable in any manner by taxation, but the Bond will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bond as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal. to issue the Bond, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bond. By order of the City Council, this 21st day of City Clerk April , 1981. BENN; HARRIS, HELMICK & HEARTNEYI'LAWVERS, DES MOINES, IOWA 4" Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 21st day of April 6 , 1981. Mayor Attest: City Clerk ' (Seal) -5- BELIN, HARRIS,- HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA dT� State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $80,000. WITNESS my official signature and the seal of said City this 21st day of April , 1981. (Seal) City Clerk BELIN,- HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES. IOWA =? T 5- No. iq _ $_ 2500.00 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City., Iowa, hereby promises to pay to Business Dje_ve�lo moment_ of _Iowa �itv. Iowa its successors or assigns, tem of S 2,500.00 witT-interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated April 1 . 19_8L, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of. Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the _1st day of April -- ---' 19 -111 -- (SEAL) ATTEST: / Clerk C -I Y OF IIOOWWA CIT)L' IIOWA 4a This instrument presented and not paid for want of funds this /N! day of x[21 y-2' p_ ), 19�. City TreaAurer AHLERB. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DEB MOINEB. IOWA a V -G ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to , in consideration of receipt by the undersigned from said assignee of the sum of $ Dated this day of 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DFB MOINES. IOWA a el-, Council Member Vevera introduced the following Resolution entitled IRESO UTL ION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Lynch, Neuhauser, Perret, Roberts, Vevera. Balmer NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 81-92 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at seven percent (7%) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (10%) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA a9�f and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 19 Business Development, Inc. 4-1-81 $ 2,500.00 -3- AHLERS. COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES, IOWA ^ 9 4✓ -1 19 PASSED AND APPROVED, this 21st 81_ --- ATTEST: t Clerk (SEAL) day of April , -4- AHLERS. COONEY. DORWEILER, HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA aso AGENDA REGULAR COUNCIL MEETING APRIL 21, 1981 Item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATION. a. Private Property Week, April 19-25, 1981. b. Arbor Week and Arbor Day, April 20-24, 1981, and April 23 respectively. C. Month of the Arts for the Handicapped, May 1981. d. School Safety,Patrol Appreciation Week, April 19-25, 1981. Item No. 3 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council activities of the regular meeting of April 7, 1981, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Planning and Zoning Commission meeting of March 19, 1981. (2) Planning and Zoning Commission meeting of April 2, 1981. (3) Housing Commission meeting of April 1, 1981. (4) Committee on Community Needs meeting of March 4, 1981. (5) Committee on Community Needs meeting of March 16, 1981. (6) Committee on Community Needs meeting of April 1, 1981. (7) United Action for Youth Board meeting of February 23, 1981. (8) Design Review Committee meeting of March 18, 1981. (9) Resources Conservation Commission meeting of March 24, 1981. 0951 Agenda Regular Council Meeting April 21, 1981 7:30 P.M. Page 2 Item No. 3b. Cont'd. (10) Broadband Telecommunications Commission meeting of March 17, 1981. (11) Riverfront Commission meeting of April 1, 1981. (12) Airport Commission meeting of April 9, 1981. C. Permit Resolutions and Motions, as recommended by the City Clerk. (1) Consider motion approving Class B Beer Permit and Sunday Sales for Four Cushions, Inc. dba Control Tower Bar, 18-20 S. Clinton. (renewal) No Smoking Signs Not Posted. (2) Consider motion refunding a portion of a Liquor License. (3) Consider motion approving Class C Liquor License and Sunday Sales for Hilltop Lounge, Inc. dba Hilltop Lounge, 1100 N. Dodge Street. (renewal) No Smoking Signs Posted. (4) Consider motion approving Special Class "C" Beer -Wine License for Eicher's Inc. dba Amelia Earhardt Deli, 223 E. Washington Street. No Smoking Signs Not Posted. (new) (5) Consider resolution issuing cigarette permit. d. Motions. (1) Consider motion to approve disbursements in the amount of $1,651,718.41 for the period of March 1 through March 31, 1981, as recommended by the Finance Director, subject to audit. e. Setting Public Hearings. (1) Consider resolution setting public hearing on May 5, 1981, on plans, specifications, form of contract and estimate of cost for the construction of the Summit Street bridge deck replacement project directing City Clerk to publish notice of said hearing, and directing City Engineer to place said plans, etc., on file for public inspection. 4_.;sz Agenda Regular Council Meeting April 21, 1981 7:30 P.M. Page 3 Item No. 3e. Cont'd. (2) Consider resolution setting public hearing on May 5, 1981, on plans, specifications, form of contract, and estimate of cost for the CBD Alley Paving - Phase I, Blocks 102 and 103 O.T., directing City Clerk to publish notice of said hearing, and directing City Engineer to place said specifications, etc., on file for public inspection. (3) Consider resolution setting public hearing on May 5, 1981, on plans, specifications, form of contract, and estimate of cost for the Parking Ramp "A" exit lane, FY81, directing City Clerk to publish notice of said hearing, and directing City Engineer to place said specifications, etc., on file for public inspection. (4) Consider resolution setting public hearing on May 5, 1981, on plans, specifications, form of contract, and estimate of cost for the Iowa City Downtown Electrical Revisions - III, directing City Clerk to publish notice of said hearing and directing City Engineer to place said specifications, etc., on file for public inspection. (5) Resolution setting a public hearing on May 5, 1981, for the sale of real property owned by the City of Iowa City and located in east Iowa City (vacated Pickard Street r.o.w. between Highland Street and Friendly Avenue.) Correspondence. (1) Letter from Robert J. Stika regarding alleged damages caused by Hawkeye CableVision. This letter has been referred to the City Manager for reply. (2) Letter from nine members of the South East Junior High School PSTO regarding school crossing guard at First Avenue and Bradford Drive. This letter has been referred to the City Manager for reply. (3) Letter from Iowa DOT regarding bridge deck repair project. No reply is necessary. (4) Letter from Thomas H. Hafer regarding cable television service. This letter has been referred to the City Manager for reply. (5) Letter from Joel Haefner regarding traffic at the intersection of Myrtle Avenue and Greenwood Drive. This letter has been referred to the City Manager for reply. A 53 Agenda Regular Council Meeting April 21, 1981 7:30 P.M. Page 4 Item No. 3 Cont'd. g. Applications for the Use of Streets and Public Grounds. (1) Application from Julia Palestrina to have a May Day Parade for Disabled Persons on May 1, 1981, from 12:00 noon until 1:00 p.m. (approved) (2) Application from Gregory H. Deacon to have the Iowa City Jaycees Walk for Mankind on May 2, 1981, from 7:30 a.m. to 4:30 p.m. (approved) (3) Application from Neal Everist to have a 10,000 meter run on April 25, 1981, from 8:00 to 10:00 a.m. in conjunction with Riverfest Weekend. (approved) h. Application for City Plaza Use Permit. (1) Application from Pat Stoll of Free Environment to have a table and banner to publicize "Save the Whales" benefit on April 16 and 17, 1981. (approved for Blackhawk Minipark). END OF CONSENT CALENDAR. Item No. 4 - PLANNING & ZONING MATTERS. a. Consider setting a public hearing for May 19, 1981, to consider the,preliminary and final Planned Area Development Plan of Regency Gardens. 5-8104. b. Consider setting a public hearing for May 19, 1981, to consider amending the Planned Area Development Ordinance. C. Consider a resolution approving the amended final Large Scale Residential Development Plan of Lot 96, a subdivision of Lot 90, Ty'n Cae Part 2. S-8003. d. Resolution releasing Agreement to Dedicate Right -of -Way for the Extension of West Benton Street. Item No. 5 - PUBLIC DISCUSSION. Item No. 6 - PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS CONCERNING RECOMMENDATIONS OF THE COMMITTEE ON COMMUNITY NEEDS FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR A THREE YEAR PERIOD 1982-84. Item No. 7 - PUBLIC HEARING TO AMEND SECTIONS 605, 705, 805, 905, 1005, 1205(a), 1207(a), 3305(j), and Table 29A of the 1979 Edition of the Uniform Building Code edited by the International Conference of Building Officials. V534 Agenda Regular Council Meeting April 21, 1981 7:30 P.M. Page 5 Item No. 8 - PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY TO SOUTHGATE DEVELOPMENT FOR THE PURPOSE OF DEVELOPING PUBLIC HOUSING PROJECT 22-3. Item No. 9 - ANNOUNCEMENT OF VACANCIES. a. Design Review Committee - Two vacancies for terms of indefinite length. (Annette Lilly and Brian Gutheinz resigned.) These appointments will be made at the June 2, 1981, Council meeting. Item No. 10 - CITY COUNCIL APPOINTMENTS. a. Consider appointments to fill seven positions on the City Attorney Selection Advisory Committee. Item No. 11 - CITY COUNCIL INFORMATION. Item No. 12 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. Item No. 13 - CONSIDER RESOLUTION OF NECESSITY AUTHORIZING THE CITY OF IOWA 44S.5- CITY TO EXTEND THE BOUNDARIES OF THE LOWER RALSTON CREEK NEIGHBOR- HOOD REDEVELOPMENT PLAN. Item No. 14 - CONSIDER SETTING A PUBLIC HEARING FOR MAY 5, 1981, TO RECEIVE CITIZEN COMMENTS CONCERNING THE EXTENSION OF THE BOUNDARIES OF THE LOWER RALSTON CREEK NEIGHBORHOOD REDEVELOPMENT PLAN. Item No. 15 - CONSIDER A RESOLUTION AUTHORIZING AMENDMENT ONE TO THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND, PROFESSIONAL ENGINEERS, INC. Item No. 16 - CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH HENRY LOUIS INCORPORATED. Item No. 17 - CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON MAY 19, 1981, ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BONDS (HENRY LOUIS INC.). Item No. 18 - CONSIDER A RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT (BDI). Item No. 19 - CONSIDER A RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT. (SHIVE-HATTERY) 44S.5- Agenda Regular Council Meeting April 21, 1981 7:30 P.M. Page 6 Item No. 20 - CONSIDER RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF X56 ASSESSMENTS AND PROVIDING FOR THE PAYMENT THEREOF FOR THE 1979 BDI SECOND ADDITION IMPROVEMENTS. Item No. 21 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR WATER MAIN EXTENSION WITH ROBERT W. STEVENS. Item No. 22 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR WATER MAIN EXTENSION WITH JAMES A. CLARK. Item No. 23 - CONSIDER RESOLUTION AUTHORIZING THE PLACEMENT OF ADDITIONAL CONVENIENCE MAILBOXES IN THE EAST END OF THE EXISTING ISLAND IN THE 200 BLOCK OF HARRISON STREET. Item No. 24 - CONSIDER RESOLUTION AUTHORIZING ACCEPTANCE OF A FINAL ACCOUNTING OF INCOME AND EXPENSES FOR THE FINANCIAL CLOSE-OUT OF THE CLINTON STREET MODULAR UNITS. Item No. 25 - CONSIDER RESOLUTION APPROVING AND FORMALLY ADOPTING A COMPENSATION POLICY FOR ADMINISTRATIVE AND CONFIDENTIAL EMPLOYEES. Item No. 26 - CONSIDER RESOLUTION ADOPTING SUPPLEMENT EIGHT TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY. Item No. 27 - CONSIDER A RESOLUTION ADOPTING THE PARKS AND RECREATION PLAN 1981-1985, FOR THE CITY OF IOWA CITY, IOWA. Item No. 28 - RESOLUTION ESTABLISHING FEES FOR CERTIFICATES OF STRUCTURE COMPLIANCE AND RENTAL PERMITS AS PART OF THE IOWA CITY HOUSING CODE. Item No. 29 - CONSIDER AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, TO PROVIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH THE CITY'S WASTEWATER TREATMENT WORKS (SECOND CONSIDERATION). Item No. 30 - ADJOURNMENT. X56 No._ $ 41 275.60 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 SDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay tou—AijaIter I1s5IlC•0f Iowa City. wa its successors or assigns, the sum or 41,275._60 w-flti—interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated July 25 , 1978 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 1st day of April , 19 81 4ya YOFIOWITIOWA (SEAL) 7-1– or !TIL- -- Clerk This instrument presented and not paid for want of funds this 1rL day of , 19 Cit Trea urer AHLERs. COONEY. DORWEILER. HAYNIE a SMITH.. LAWYER!. DEs MOINES. IOWA 4s7 ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to , in consideration of receipt by the undersigned from said assignee of the sum of $ Dated this day of , 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. COO.EY D7 Qwrll vo W AV—r a Q-- I •w—. — u.. ... — A5 -Q CounriI Mrmhrr Vevera introduced the followincl Rr::olution rnt itled -"R17SOLUT1oN DIl4'.CTING THE DELIVERY OF CONSTRUCTION WARRAN'T'S IN PAYMENT OR CONTRACT", and moved its adoption. Council Member Lynch seconded the motion to adopt. The roll was cafled and the vote was, AYES: Neuhauser, Perret, Roberts, Vevera, Balmer, Lynch NAYS: None Whereupon, the Mayor declarrd tho following Resolution duly adopted: 81-93 RESOLUTION DIRECTING THr DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and other;, would be made at the option of the City by the do livery of. Construction Warrants issued pursuant to Section 384.57 the City Code of Iowa, bearing interest at .seven percent (72) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (10%) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: c —2— A"LLBS C ooNI %. DoRWLII I N. HAY NII & SMIIII. LAWYf"S. of -S MoINL5. IOWA ��� and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, 'THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clark ar" ,authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT N0. TO DA'Z'E AMOUNT 20 Shive-Hattery & Assoc. 4-1-81 $ 41,275.60 -3- /�1�1111 1.�IN11 r)1111W 111 IH HAYN11 RSM1111 r_AWYLnC D US rvi()INL5. 10.A �T ed PASSED AND APPROVED, this: 21st day of 1 ') 81 n•r•res•r c /4 i ll�tik (SEA 1,) April ME {1iii 1. 1,y Gl i, IN 1 U)11iWL 1111!. HA IN If I,',.,,,,. LAW Y its UI•.i MI)I NI •.s I(1WA a;? (P/ The City Council of Iowa City session, in the Council Chambers, Iowa, at 7:3_0 o'clock P.M., on present Mayor John R. Balmer following named Council Members: ___April 21 , 1981 Iowa, met in regular Civic Center, Iowa City, the above date. There were in the chair, and the Winch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl DC LleertlC,5 AHLERS, GOONEY, DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA gm?4 Council Member Vevera introduced the following_ Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Vevera, Balmer Neuhauser NAYS: None Whereupon the Mayor declared the following Resolution duly adopted as follows: 81-94 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the 1979 BDI Second Addition Improvements, within the City, under contract with Metro Pavers, Inc. of Iowa City, Iowa, et. al., which final plat and schedule was filed in the office of the Clerk on the 3rd day of A_ri1_ , 1981; said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPERTY OWNER AND DESCRIPTION OF PROPERTY PROPOSED FINAL ASSESSMENT PROPOSED FINAL CONDITIONAL DEFICIENCY, IF ANY SEE EXHIBIT A -2- CORRECTED FINAL ASSESSMENT CORRECTED FINAL CONDITIONAL DEFICIENCY, IF ANY AHLERS. GOONEY. DORWEILER. HAYNIE W SMITH. LAWYERS. DES MOINES. IOWA �60-3 NAME OF PROPERTY OWNER AND DESCRIPTION OF PROPERTY Business Development Incorporated Business Development Incorporated Business Development Incorporated E.B. F, A.C. Whiting Company Business Development Incorporated Business Development Incorporated Business Development Incorporated Business Development Incorporated Business Development Incorporated EVIIBIT A .414.11, 443. J1 y4J/,>JV.VO PROPOSED CORRECTED FINAL FINAL PROPOSED CONDITIONAL CORRECTED CONDITIONAL FINAL DEFICIENCY, FINAL DEFICIENCY, PARCEL ASSESSMENT IF ANY ASSESSMENT IF ANY Lot #1, B.D.I. Second Addition $ 38,228.68 0 $ 37,088.24 0 Lot #2, B.D.I. Second Addition 23,446.92 0 22,747.45 0 Lot #3, B.D.I. Second Addition 22,733.32 0 22,055.14 0 Lot #4, B.D.I. Second Addition 30,277.11 0 29,373.88 0 Lot #5, B.D.I. Second Addition 43,427.77 0 42,132.23 0 Lot #6, B.D.I. Second Addition 30,582.94 0 29,670.59 0 Lot #7, B.D.I. Second Addition 18,145.87 0 17,604.54 0 Lot #8, B.D.I. Second Addition 19,267.25 0 18,692.47 0 Lot #6, Auditor's 225,313.65 0 218,592.12 0 Plat 32, except Lot #1, B.D.I. Third Addition, Johnson County, Iowa; and except B.D.I. Second Addition to Iowa City, Iowa .414.11, 443. J1 y4J/,>JV.VO And, after full consideration, appraisement and apportion- ment of the special benefits conferred upon the properties shown in said schedule and plat of the said improvements, this Council finds that the said property is specially benefited by the said improvements in the amounts shown on said schedule; as herein corrected; and that the said amounts are in propor- tion to the special benefits conferred upon the properties by said improvements, and are not in excess of such benefits and are not in excess of 25% of the actual value of the lots, parts of lots and parcels of land shown in said schedule. BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied con- ditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provi- sions of Section 384.63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and,not in excess thereof, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of ten percent per annum, the maximum rate permitted by law, from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1981; succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the cer- tification of the plat and schedule of assessments to the County Auditor of Johnson County, Iowa. -3- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA 4 BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Auditor of Johnson County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Press -Citizen, a newspaper printed wholly in the English language, published in Iowa City, Iowa, and of general cir- culation in Iowa City, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Auditor, the Clerk shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384.60, Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Auditor for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective pro- perties under Code Section 384.63 for the amortization period specified by ordinance. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and 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. PASSED AND APPROVED this 21st day of April 1981. ATTEST: -2t Clerk -4- AHLERS. COONEY. DORWEt"R. HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA 4 4 (Two publications required) NOTICE OF FILING OF THE FINAL PLAT AND SCHEDULE. OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTION OF THE 1979 ADI SECOND ADDITION IMPROVEMENTS, WITHIN THE CITY OF IOWA CITY, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN THE DISTRICT DESCRIBED AS THE 1979 ADI SECOND ADDITION IMPROVEMENTS, WITHIN THE CITY OF IOWA CITY, IOWA: consisting of the properties which are described as follows: Lots 1 through 8, inclusive, in BDI Second Addition to Iowa City, Iowa, and Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No. 1, BDI Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as BDI Second Addition to Iowa City, Iowa. The extent of the work completed on the 1979 BDI Second Addition Improvements, is as follows: The proposed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, water main, portland cement concrete paving, modi- ficiations to the existing lift station, and sanitary force main, together with the required grading, related work, engineering and miscellaneous special work and ser- vices on the following street: Heinz Road from the South line of Lot No. 8 of BDI Second Addition northwesterly approximately 1,109 feet and adjacent to Scott Boulevard which borders the easterly line of Lot 6, Auditor's Plat 32. You are hereby notified that the final plat and schedule of assessments against benefited properties within the District described as the 1979 BDI Second Addition Improvements, for the construction of street and sewer improvements, has been adopted and levied by the Council of Iowa City, Iowa, and that said plat and schedule of assessments has been certified to the County Auditor of -5- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA ✓4 7 Johnson County, Iowa. Assessments of $50.00 or more are payable in ten equal annual installments, with interest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. You are further notified that assessments may be paid in full or in part without interest at the office of the City Clerk, at any time within thirty days after the date of the said certification of the plat and schedule of assessments to the County Auditor, which certification took place on April 27th 1981, (date of filing with County Auditor). Unless said assessments are paid in full within said thirty day period all unpaid assessments will draw annual interest computed at ten percent (commencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Each installment will be delinquent on September 30th following its due date on July 1st in each year. Property owners may elect to pay any annual installment semiannually in advance. All properties located within the boundaries of the 1979 BDI Second Addition Improvements, above described have been assessed for the cost of the making of said improvements, the amount of each assessment having been set out in the sche- dule of assessments and plat accompanying the same, which are now on file in the office of the County Auditor of Johnson County, Iowa. For further information you are referred to said plat and schedule of assessments. This Notice given by direction of the Council of the City of Iowa City, Iowa, as prescribed by Code Section 384.60 of the City Code of Iowa. Clerk of. the City of _ Iowa City, Iowa Q. AHLERS. GOONEY, DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA ��� CFRTIFICATF. OF LEVY OF SPECIAL ASSFSSMFNTS TO BF MADE, BY THF CLERK OF IOWA CITY, IOWA, AND FILFP WITH THF.. COUNTY AUDITOR OF JOHNSON COUNTY, IOWA AND THE CITY OFFICER CHARGED WITH ISSUANCE OF BUILDING PERMITS STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, Abbie_Stolfus , Clerk of the City of Iowa City, County of Johnson, State of Iowa, do hereby certify that at a meeting of the Council of Iowa City, Iowa, held on the 21st day of April , 19H], the said Council did levy special assessments for and on account of the cost of construction of the 1970 BDI Second Addition Improvements, under contract with Metro Pavers, Inc. of Iowa City, Iowa, on the followinq, in said Municipality, to -wit: The pronosed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, water main, Portland cement concrete pavinq, modi- fici.ati.ons to the exi.stinq lift station, and sanitary Force main, together with the required gradi.nq, related work, engineerinq and miscellaneons special work and ser- vices on the following street: F1Pinz Road from the South line of Lot No. A of RDI Socond Addition northwesterly approximately 1,109 feet and adjacent to Scott Boulevard which borders the enstorly line of Lot 6, Auditor's Plat 32. That the district benefited and assessed for the cost of the i.mprnvements is described as follows: Lots 1 through A, inclusive, in RDI Second Addition to Iowa City, Iowa, and Lot No. h, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson C.—)unty Recorder's Office, Plat Rook 16, Page 79, except all that area described as Lot No. 1, BDI Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Paqe R3, and except all that area described as BDI Second Addition to Iowa City, Iowa. -7- AHLERS. COoNEI'. DORWLILER. HAYN IE & SMITH. LAWYERS. DES MOINES. IOWA 07/01 as shown on the schedule hereto attached. I further certify that the said assessments of $50.00 or more are payable in ten equal annual installments, together with interest thereon at the rate of ten percent per annum computed to December 1st following the due date of each installment. Interest commences on April 27 , 19 81 , the date of acceptance of the work. The first annual installment, or the full amount of assessments less than $50.00, are due and payable on July 1st following the date of levy of these assessments as set forth above (unless this cer- tification is made within less than thirty days prior to July 1st) and is subject to the provisions of Section 384.65, City Code of Iowa, with respect to lien, delinquent dates, interest, penalties and years of payment. Special assessment deficiencies as set forth in the Schedule of Assessments are conditionally levied and are cer- tified pursuant to Code Section 384.63 and applicable ordinances. The period for amortization of special assessment deficiencies established by ordinance is ten years. Assessments may be paid in full or in part at the office of the City Clerk, within thirty days of the filing of this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and offi- cial seal on the 21st day of April , 1981. (SEAL) City Clerk of Iowa City, Iowa MM AHLERS. GOONEY, DORWEILER, HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA azo I hereby certify that on the 7-7 t� 7t� day of Ap r.1 , 1981, there was filed with me as County Auditor 6f Johnson County, State of Iowa, an executed copy of the certificate of the City Clerk of Iowa City, Iowa, hereinabove set out, relating to the levy of special assessments, covering the recently completed street and sewer improvements in said Municipality, and a copy of the final plat and schedule of assessments and conditional deficiency assessments, referred to in the resolution levying said assessments, heretofore adopted by the City Council on f%,;\ al 1981. County Auditor (SEAL) I hereby certify that on the Alt L day of , 1981, there was filed with me as Building Permit Oficial of the City of Iowa City, Iowa, an executed copy of the cer- tificate of the City Clerk of Iowa City, Iowa, hereinabove set out, relating to the levy of special assessments, covering the recently completed street and sewer improvements in said Municipality, and a copy of the final plat and schedule of assessments and conditional deficiency assessments, referred to in the resolution levying sai,assessments, heretofore adopted by the City Council on L�,b ,� �, 1981. S$1 —""i - Building Permit Official of the City of Iowa City, Iowa Q= AHLERS. GOONEY, DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA �/ ENGINEER'S STATE14ENT ''I, the undersigned Engineer for the City of Iowa City, do hereby state that 1 have inspected the completed work of the following contractors: A. Cedar Hill Construction Contract Date: June 21, 1979 B. Metro Pavers, Inc. Contract Date: July 5, 1979 and August 12, 1980 C. Parkview Company Contract Date: June 15, 1979 under their contracts with the City of Iowa City, Iowa. I find that the contractors have performed the work in substantial compliance with the contracts, including the following: B.D.I. Second Addition Improvements, including Part A - Box Culvert ,Construction; Part B - Pavement Construction (1979 and 1980 Contracts); and, Part C - Sanitary Sewer Construction. The total contract costs of the completed work are $329,632.15 and the amount remaining to be paid to the contractor is $11,139.55. Said amount is payable: the total cost of the project including interest on interim obliga- tions to the date of June 30, 1981, is $549,215.51. John L. WiIIers, P.F.. lowy Registration No. 6379 .I ch 19, 1981 MAR 1 91oer U ABBIE STOP CIT CLE K( (3; CMt, a 7.z (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: April 21, 1981 Time of Meeting: 7:30 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: 1979 BPI Second Addition Improvements. - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth on the addi- tional �, page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa Ci , Iowa AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA a73 CiSA-3-4-78 STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, Abbie Stolfus , do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Iocoa Citv in the County of Tohnson , State of Iowa, and that as such Clerk of said City and by full authority from said City Council, I have caused a NOTICE OF FILING OF THE FINAL PLAT AND SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PP.OPF.RTIES FOR TIIE CONSTRUCTION OF THE 1979 RDI SECOND ADDITION IMPROVEMENTS, WITHIN THE CITY Or IOWA CITY. IOWA of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete Copy, to be published in the Press-Citizena legal newspaper published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bonafide paid circulation recognized by the postal laws of the United States, 'and which is published in said (City)RIRatYc <7X and has a general cir- culation therein, and that said Notice was published in said newspaper in all of the issues thereof published and cir- culated on each of the following dates: ril 30 19 81; and ,' 19 81 WITNESS my official signature at Iowa it Iowa,' this day of 81 a -P City Clerk AHLEq S. COONEY. DORWEIEER. HAYNIE b SMITH. LAWYERS. DES MOINES. IOWA CiSA-4 7-8Q�. o,; .. r STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, Abbie Stolfus , Clerk of the City of Iowa City , -101-la, do hereby certify that on the day of 1981 , I deposited and mailed in the United States mails, by certified mail, at Iowa City , Iowa, properly stamped and addressed, a copy of the Notice of Filing of the Final Plat and Schedule of Assessments Against Benefited Properties, attached hereto covering certain recently completed and accepted street & sewer improvements in said City, as more particularly described in said Notice, to each and every property owner listed on the final plat and schedule of assessments referred to in -said. Notice, as shown by the latest available records in the office of the County Auditor, whose property is subject to assessment for said street & sewer improvements. I£ property assessed is shown to be in the name of more than one owner at the same mailing address, a single Notice was mailed, addressed to all owners at that address. With respect to property owned by the State of Iowa, and to be assessed under the final plat and schedule of assessments referred to above, I further certify that on the same date set forth above I deposited and mailed in the United States mails at the same post office, properly stamped and addressed, a copy of the aforesaid Notice to each of the following: 1. Secretary of the Executive Council, Iowa State Capitol Des Moines, IA 50319 (By restricted certified mail) 2. Director of Transportation Highway Division State Department of Transportation Ames, IA 50010 (a certified mail) Certified mail receipts or stubs covering each said mailing, hereinabove mentioned, are now on file in the official records of said City in my office. Witness my hand and the seal of said City at Iowa City Iowa, this day of 1981 . SEAL Q� Clerk (Attacli to this certificate duplicate copy of Notice to Property Owners, as mailed.) AHLERS. COONEY. OOSWEILER• HAYNIE n SMITH. LAWYERS. DES MOINES. IOWA 7-5� RESOLUTION NO. 81-95 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENT WITH ROBERT W. STEVENS. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with Robert W. Stevens, and WHEREAS, the City Council deems it in the public interest to enter into said agreement for an extension of a water main on Rochester Avenue from Mt. Vernon Drive to Amhurst Street. 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 Robert W. Stevens. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER _ X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this zlsr day of April 1981. 4'._`� MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Department Dg 4/ib/ki .276 AGR� TUR MAIN EX'T'ENSION THIS AGREOvENP made this 14th day of April , 19 81 , by and between the City of Iowa City (hereinafter referred to as CITY) and Robert W. Stevens of Iowa City, Iowa Iona, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iona; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iola, to -wit: That part of the SW; of the ND,- of Sec. 12 -79N -6W located south Mal of Rochester Avenue except for the West 7.20 acres (Frontage length on Rochester Avenue being 231') WHEREAS, said User wishes to have a water main installed in front of the above described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main, NOW, THERE'F'ORE, IT IS HEREBY AGREED AND UNDERSiYJOD THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 12" O.I.P. with appropriate valves and hydrants to be located on the South side of Rochester Avenue In consideration for the City's installation of said water main and appur- tenances, the User agrees to pay a fee of $ 4.725 per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or renedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such iniprovenents need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such inprovenents. a» w Y -z- FiirUior, in consideration for the, City oonstrucLinq said min and appur- Lmancrs, the owner agrees as a covenant running with the land that this agree- meat shall be binding on the owner, its assigns or successors and interests, pur- chasers -of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsi- ble for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this day of 14i'1 19 -, at Iowa City, Johnson County, Iowa. L d Sworn and subscribed to before me this a A68 day of /41./ , Notary e foCounty, Iowa My caTmission expires , 19 gZ , CITY OF IOWA CITY ._ \ \ Z� /�L7�^— 'C�4��,—YZ--'�!•—.,,....-c.-1 lam. — MAYOR ATPESP: G� CITY CLERK M -3 - State of Iowa ) ) SS County of Johnson) On this 21st day of __April_ _ , in the year 1981 , before me, Ramona Parrott_ _ , a notary public in and for said county of Johnson , state of Iowa residing therein, duly camussioned and sworn, personally appeared ,Tnhn R_ Rnlmar , known to me to be the mayor, arra Abbie Stolfus , known to tm to be the city clerk of the city of Iowa City , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Nbtary Public in and for Johnson County, State of Iowa 4-.077,9 RESOLUTION NO. 81-96 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENT WITH JAMES A. CLARK. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with James A. Clark, and WHEREAS, the City Council deems it in the public interest to enter into said agreement for an extension of a water main on Rochester Avenue from Pit. Vernon Drive to Amhurst Street. 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 James A. Clark. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 21st day of April , 1981. Mayor ATTEST: City Clerk Received & Approved By the Legal Departm-anf 4 f6 AGR12- 2 C] NT FOR MAIN EX'T'ENSION THIS AGRMP= made this 21st day of April , 19 81 , by and between the City of Iowa City (hereinafter referred to as CITY) and of Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate d located within the City limits of the City of Iowa City, Johnson County, Iowa, Com, at an iron rod whicmarks the center of Sec. 12, T79N, R6W, Johnson to -wit: County, Iowa; thence N89 01'49"E,359.03' along the S. line of the NE -I.- of said sec ion: thence to a point on the centerline of the ROW of Rochester Ave; thence S74059'36"W, 231.48' along said centerline; thence Wly on said centerline along a 1 foot radius curve concave NWly; thence SO 16'00" 837.70' along the W line of the NE; Sec. 12 to the pt. of beg. said tract containing acres more or less.(Frontage length on Rochester being 369' and WHEREAS, said User wishes to have a water main installed in front of the above described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property awned by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the south side of Rochester Avenue In consideration for the City's installation of said water main and appur- tenances, the User agrees to pay a fee of $ 4.725 per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such inprovements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such inprovements. a,fi -z- ruruwr, in consick:ration for the City constructinq said main arx3 apinir- tuiances, the owner afire s as a covenant running with the land that this agree- ment shall be binding on the owner, its assigns or successors and interests, pur- chasers of said property and all subsequent owners of the land described in this agree ent. In addition, the User, its successors and assigns, will be responsi- ble for the cost of service taps and all rehabilitation of such rmterials necessary to make a service tap. Dated this Ci day of r j, 19 at Iowa City, Johnson County, Iowa. CwddGR Spouse • d Sworn and subscribed to before me this ✓ 6 day of M p" , q&4y_Qv� • . My cor►nission expires CITY OF IOVk CITY AZTESP: CITY CLERK 19 Afal -3 - State of Iowa ) ) ss coivit.y of Johnson) On this _21st day of ____April , in the year 1981 , before me, Ramona Parrott a notary public in and for said county of Johnson , state of Iowa , residing therein, duly ccxnnissioned and sworn, personally appeared John R. Balmer _ known to me to be the mayor, arra Abbie Stolfus known to me to be the city clerk of the city of Iowa City , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. a C � F11; t c in and for Johnson CouState of Iowa RESOLUTION NO. 81-97 RESOLUTION AUTHORIZING THE PLACEMENT OF ADDITIONAL MAILBOXES AT THE EAST END OF THE EXISTING ISLAND IN THE 200 BLOCK OF HARRISON STREET. WHEREAS, the City Council deems it to be in the public interest to install convenience mailboxes in the east end of the existing island in the 200 block of Harrison Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Director of Public Works is authorized to direct the, installation of additional mailboxes at the above-named location. Further the Director of Public Works is directed to monitor traffic conditions at this location to guard against and take corrective action in the event that waiting traffic begins to queue into the intersection of Clinton and Harrison Street on a regular basis. It was moved by Vevera and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl X Lynch X Neuhauser X Perret x Roberts X Vevera Passed and approved this 21st day of April 1981. ��� � AYOR ATTEST: CITY CLERK Received & Approved By Ae Legal Dei rtment RESOLUTION NO. 81-98 RESOLUTION AUTHORIZING ACCEPTANCE OF A FINAL ACCOUNTING OF INCOME AND EXPENSES FOR THE FINANCIAL CLOSE-OUT OF THE CLINTON STREET MODULAR UNITS. WHEREAS, the City of Iowa City, Iowa, undertook to install and lease the modular units on Clinton Street in order to facilitate the relocation of downtown businesses and persons in connection with the Urban Renewal Program; and WHEREAS, the City of Iowa City is required by the modular unit leases to perform an accounting of the modular units' income and expenses, with said accounting subject to the approval of the City Council; and WHEREAS, the accounting for the modular unit program shows the total operating income to be $261,627.54, and the total operating expenses (excluding moving expenses) to be $272,401.24. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the attached accounting reflects that the City of Iowa City did not profit from the operation of the modular unit program. 2, That this accounting is hereby accepted by the City Council of the City of Iowa City in fulfillment of the final accounting requirements stipulated in the modular unit leases. It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser -_ Perret Roberts Vevera Passed and approved this 21st day of Auril 1981. - - AYOR ATTEST: / CITY CLERK MODULARS CLINTON STREET MALL Income Rent $218,409.93 Epstein's -Interest on past due accounts 216.11 Sale of Modulars 43,001.50 $261,627.54 Expenses * Utilities 370.01 Publications 250.01 Improvements 237,293.47 Insurance 13,224.30 Legal Expense 783.55 Repairs 20,479.90 $272,401.24 Net Loss $ 10,773.70 *Expenses do not include moving expenses of $10,417.25 RESOLUTION NO. 81-99 RESOLUTION APPROVING AND FORMALLY ADOPTING A COMPENSATION POLICY FOR ADMINISTRATIVE AND CONFIDENTIAL EMPLOYEES WHEREAS, the City Council annually establishes the level of compensation for administrative and confidential employees as a part of the budgetary process; and WHEREAS, adequate levels of compensation are necessary to recruit, retain and motivate employees capable of a high standard of performance in the public service; and WHEREAS the Management Advisory Panel has drafted a compensation policy to provide continuing guidance to the City Council in establishment of compensation levels, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Compensation Policy for Administrative and Confidential Employees is hereby approved and officially adopted by the City of Iowa City. It was moved by�yn�h and seconded by Aleuhauaar that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 21st day of April 1981. --/MAYOR i ATTEST: CITY CLERK April 21, 1981 CITY OF IOWA CITY COMPENSATION POLICY ADMINISTRATIVE AND CONFIDENTIAL EMPLOYEES Introduction The goal of this compensation policy is to outline the parameters within which compensation decisions will be made which will assure that the City of Iowa City receives the highest returns from its investment in its human resources - its employees, and to provide for equity in all compensation decisions. The City's ability to manage its public services with the greatest efficiency and effectiveness is heavily dependent upon the capability and performance of its administrative employees and confidential support staff. The principles of this compensation policy establish the basis for the recruitment, retention and motivation of the caliber of employees necessary to attain the high standards of performance demanded by Iowa City. The establishment of this policy recognizes that adequate levels of employee compensation may significantly increase the effectiveness of government service. This policy is adopted by the City Council in accordance with Section 2.08(e) of the Charter which provides that, "the Council shall fix the amount of compensation of persons it appoints and shall provide for the method of compensation of other City employees." II. Policy Statement and Program Guidelines Through adoption of this policy, the following compensation objectives are established: A. Annual review of Compensation Program. Following adoption of this compensation policy, and on an annual basis, the City Manager will present for the City Council's review, recommendations with regard to salary, benefits and performance based compensation increases for administrative and confidential employees. The City Council will determine levels of benefits and the City Manager will establish individual compensations for each administrative and confidential employee. The duty of the City Manager is in accordance with Section 4.04A(4) of the Charter which provides that the City Manager shall, "Supervise the administration of the City personnel system, including the determination of the compensation of all City employees appointed by the City Manager subject to State law and this Charter." B. Establishment of Base Compensation and Benefit Levels - Administrative Employees 1. Total compensation levels, which include wages and fringe benefits, will be established to maintain a competitive labor market position. Annually a survey of the administrative positions of comparable Iowa and Midwestern cities and within the local labor market will be conducted by the Human Relations Department to assess prevailing salary and benefit levels and changes within the labor market. Recommendations concerning necessary adjustments to administrative compensation levels will be based upon levels of compensation as reported by survey participants, with consideration for the special requirements necessary for successful employment with the City of Iowa City, and will address internal equity or compression problems. Upon the authorization of the City Council, adjustments will be made to affected City salary ranges, retaining the relative position of each employee within the salary range. Establishment of Performance Based Compensation Increases - Administrative Employees Successful performance by administrative employees in achieving established public service objectives will be recognized and rewarded through the use of merit based compensation increases. a. Performance evaluations to determine the award of compensation increases warranted by individual merit will be conducted annually for all administrative employees. D. Total Compensation - Confidential Employees A. Adjustments to total compensation levels of confidential employees will be recommended which, at minimum, maintain the comparability of confidential positions with those of similar positions within the bargaining unit. Performance evaluations to determine the award of compensation increases warranted by individual merit will be conducted annually upon the confidential employee's anniversary date. M 3 E. Maintenance of Classification Plan 1. A position classification plan which reflects job requirements and responsibilities and the relationship between jobs within the City work force will be maintained on a current basis. a. Significant changes in job requirements or responsibilities will be recognized through position reclassification. b. The position classification plan will be maintained to maximize internal equity, based on comparability of job requirements and responsibilities. F. Equity in Compensation/Classification Administration 1. Compensation/Classification Plans will be administered in a manner that provides consistent and fair treatment of all employees, free from favoritism, partiality, or discrimination for improper reasons. 07940 RESOLUTION NO. 81-100 RESOLUTION ADOPTING SUPPLEMENT NUMBER Eight TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the eighth supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number eight 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 eight 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 rerret and seconded byyevera the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 21st day of April , 1981. ATTEST: � CLERKG, Received 3 Approved By T e Legal Department air. RESOLUTION NO. 81-1o1 A RESOLUTION ADOPTING THE PARKS AND RECREATION PLAN 1981-1985, FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa, has applied for the Land and Water Conservation Fund Grant -in -Aid Program, and WHEREAS, the Land and Water Conservation Fund Grant -in -Aid Program is a federally funded grant available to municipalities for use in the development of parks and recreation programs, and WHEREAS, to be eligible for said Grant, the City of Iowa City, Iowa, must approve and submit to the Iowa Conservation Commission a comprehensive plan for parks and recreation programs, and WHEREAS, the Parks and Recreation Plan 1981-1985 has been prepared by the staff of the Department of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Parks and Recreation Plan 1981-1985, be approved and adopted as the Parks and Recreation Plan 1981-1985 for the City of Iowa City, Iowa. It was moved by Lynch and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl Passed and approved this 21st ATTEST: Lynch Mayor RESOLUTION NO. 81-103 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST AN AGREEMENT RE- LEASING AN AGREEMENT TO DEDICATE RIGHT- OF-WAY FOR THE EXTENSION OF W. BENTON ST. WHEREAS_, in December, 1967, the City entered into an agreement with Robert Bartelt.and George and Beatrice Petsel in which the property owners agreed to dedicate 40 feet of right-of-way for the construction of Benton Street west of Morman Trek. Blvd, if and when the City decided to extend the street; and WHEREAS, the City has not exercised its option, and the Planning and Zoning Commission has made a finding that the right-of-way is not required; and WHEREAS, the current property owners have requested that the City release it from the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor is hereby authorized to sign and the City Clerk to attest an agreement with Southgate Development Co., Inc. and other current owners of the tract in question, releasing them from the agreement to dedicate right-of-way for the extension of West Benton Street, recorded in Book 313, page 160, Johnson County Recorder's Office. It was moved by Vevera and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 5th day of rte 1981. i MAYOR &Z� ATTEST: CITY CLERK o? 93 CANCELLATION AGREEMENT THIS CANCELLATION AGREEMENT entered into by and between CITY OF�-IOWA CITY, IOWA, hereinafter referred to as the "City"; SOUTHGATE DEVELOPMENT COMPANY, INC., hereinafter referred to as "Southgate"; QUIKTRIP CORPORATION, hereinafter referred to as "Quiktrip" and MAD CREEK DEVELOPMENT CORPORATION, hereinafter referred to as "Mad Creek". WITNESSETH: WHEREAS, the City and George E. Petsel, Beatrice Petsel and Robert Bartelt entered into an Agreement dated December 19, 1967, and recorded February 28, 1968, in Book 313, at page 160, in the Office of the Johnson County Recorder, which agree- ment related to the future dedication of right of way to the City, and WHEREAS, Southgate, Quiktrip and Mad Creek are the successors in interest to George E. Petsel, Beatrice Petsel and Robert Bartelt, in that they are the present owners of the real estate from which said right of way was to be taken, and which real estate was owned by the said George E. Petsel, Beatrice Petsel and Robert Bartelt at the date of the execution of the above referenced agreement, and WHEREAS, the parties to this agreement now desire to mutually cancel said agreement. NOW, THEREFORE, in consideration of the premises, the City, Southgate, Quiktrip and Mad Creek hereby agree that said agree- ment shall be of no further force or affect and shall stand canceled effective with the execution of this agreement. a 9W } J- - 2 _ Dated at Iowa, -City, Iowa, this 5th day of May 1981. ATTEST: City Clerk/ CITY OF IOWA CITY, IOWA Mayor COMPANY, INC. By - . v 1- - - Myles averman, esid nt By Richard D. Brraverman, Vice-president QU By By MAD CREEK DEVELOPMENT CORPORATION 3i m � � A 17 STATE OF IOWA ss: JOHNSON COUNTY - 3 - On -this 5th day of May , 1981, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John R. Balmer and Abbie Stolfus Mayor and City Clerk respectively of the City of Iowa City, Iowa, 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 City Clerk and Mayor 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 - STATE OF 191fik ) -7—u Is ) s s d COUNTY ) r On this c;�o?°-dday ofgtv_ � , 1981, before me, the undersigned, a Notary P{iblic in and for the State of Iowa, personally appeared d lvirt Pcwer-4o r+ ,5Ld- 'to me personally known, who, being by me duly sworn, did say that 6 _'Ac -e the (J/Ce PIU6iden t a+t4- , 4&p4cz1, "y, of said corporation executing the within and foregoing instrument, 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 Vice PresIden t afxd as such officerg acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. County and State v y�o y o7 -J. 45C a9,G - 4 - STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 6>i day of -1- LI , 1981, before me, the undersigned, a Notary Public I and for the State of Iowa, personally appeared 81'uC-e A, Orv- all�,to me personally known, who, being by me duly worn, did say that *th :, he Is P,eS! def and /4sst Sec+z a ✓LI , respectively, of said corporation executing the within land foregoing instrument, 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 6 puce 4, (J r r •-a-rrd 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. /7"^7 CHARLES MULTER CC MyCOMMISSION EXPI ES Not Pub is in and for said " County and State STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day ofn/ce� 1981, before me, the undersigned, a Notary Public in and for thg State of Iowa, pers ally appp earedl�%/ly�Ss ando�icff�h2CS D. Li�d7JS/'unO�J to me personally kn wn, who, bein by me duly sworn, did say that they are thel2SSr,6.jr(T— andc%1�Pzz/�ri/ respectively, of said corporation executing the within and foregoing instrument, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporatio by autho ity of its Boar of Direc or ; and that the said 9� /M 141 �2�J�/f✓2sef�iScJ and �etpx)as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it andby them voluntarily executed. iic in an ror sa County anq State • RESOLUTION NO. 81-104 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE DECK REPLACEMENT 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. 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 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 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 bide. 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 10:00 a.m. on the 27th day of May , 1981. 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 2nd day of June , 19_81• Page 2 Resolutibn No. 81-104 It was moved by Vevera and seconded by Roberts that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS d x VEVERA Passed and approved this 5th day of May , 19 81. MAYOR ATTEST:�- — 7 CITY CLERK/ Received & Approved By The legal Departvreent 99 RESOLUTION NO. 81-105 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE III 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. 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 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 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 5% of the 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 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 10:00 a.m. on the 27th day of May , 1931. 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 2nd day of June , 19 81 . OO d Page 2 Resolution No. 81-105 It was moved by Perret and seconded by Vevera that the Resolution as rba e�a3op—tom, and upon roll cavi t eFi re were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 5th day of ATTEST: CITY CLERK// 19 81. MAYOR Received & Approved By The Legal Deparhnenf �z y- P/ ,30/ RESOLUTION NO. 81-106 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CBD ALLEY PAVING - PHASE I, BLOCKS 102 AND 103 O.T. 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. 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 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 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 the 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 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 10:00 a.m. on the 9th day of June , 1981. 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 16th day of June , 1981 3 o.2- 0 Page 2 Resolution No. 81-106 It was moved by Lynch and seconded by Vevera that the Resolution as rea e a opt- , and upon roll ca—II tyre were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 5th day of May 1981• ATTEST:dILI,A CITY CLERK MAYOR Received & Approved By The legal Department 4,1'—_2 3 0.3 RESOLUTION NO. 81-107 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A FOURTH EXIT IANE FROM PARKING RAMP "A" 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. 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 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 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 the 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 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 10:00 a.m.on the 26th day of May , 193L. Thereafter, the bids will be opened by the City Engineer or hisCity 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 2nd day of June , 1981 Co 31 Page 2 Resolution No. 81-107 It was moved by Neuhauser and seconded by perr that the Resolution as rea ed' —a3opt 3, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 5th day of May 1981. ATTEST: CITY CLERKZ " MAYOR Received & Approved By jhe Legal 2: pailmant .g9— F/ J RESOLUTION NO. 81-108 RESOLUTION) AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN EAST IOWA CITY (VACATED PICKARD STREET R.O.W. BETWEEN HIGHLAND STREET AND FRIENDLY AVENUE). WHEREAS, the City of Iowa City owns the following described real property: Beginning at the Southeast corner of Lot 43, Kirkwood Place, an addition to Iowa City, Iowa, as recorded in Book 3, page 126 of the Johnson County Recorder's office; thence N 01°03'34" E 125.23 feet along the westerly R.O.W. line of Pickard Street to the Northeast corner of Lot 43 of said Kirkwood Place; thence S 88°59'46" E, 60.00 feet along the southerly R.O.W. line of Friendly Avenue to the Northwest corner of Lot 47 of said Kirkwood Place; thence S 01°03'34" W, 124.82 feet along the Easterly R.O.W. of Pickard Street to the Southwest corner of Lot 47 of said Kirkwood Place; thence westerly 60 feet to the point of beginning. WHEREAS, a public hearing on this proposed sale was held on the 5th day of May, 1981 at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa; and WHEREAS, the City desires to sell the above-described real property to John A. and Carolyn A. Gross and Max E. and Martha M. VanKirk; and WHEREAS, the sale will be subject to the following terms: 1. The City shall reserve an easement 15 feet in width, over an existing sewer line, the center line of which is described as follows: Commencing at the Southeast corner of Lot 43, Kirkwood Place, an addition to Iowa City, Iowa, as recorded in Book 3, page 126 of the Johnson County Recorder's office; thence S 88°59'46" E, 26.00 feet to the point of beginning; thence N 01°03'34" E to the intersection of the southerly right-of-way line of Friendly Avenue. 2. The price for the above-described real property will be $4,000. 3. The City shall provide warranty deeds as follows: To John A. and Carolyn A. Gross the following described real property which is the west half of the property first described for the sum of $2,000: Beginning at the northeast corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa as recorded in Book 3, Page 126 of the Johnson County Recorder's Office; thence N 01°03'34" E, 125.23 feet along the Westerly Right of Way line of Pickard Street to the Northeast corner of Lot 43 of said Kirkwood Place; thence S 88°59'46" E, 30 feet along the Southerly Right of Way line of Friendly Avenue; thence S 01°03'34" W, 125.02 feet along the Centerline of the Pickard Street Right of Way; thence N 89°23'20" W, 30 feet to the Point of Beginning. Said tract of land contains 0.09 acres. 206 Resolution No. 81-108 Page 2 To Max E. and Martha M. VanKirk the following described property which is the east half of the property first described for the sum of $2,000: Beginning at the Northeast corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa as recorded in Book 3, Page 126 of the Johnson County Recorder's Office; thence S 89°23'30" E, 30 feet to the Point of Beginning; thence N 01°03'34" E, 125.02 feet along the Centerline of the Pickard Street Right of Way; thence S 88°59'46" E, 30 feet along the Southerly Right of Way line of Friendly Avenue, to the Northwest corner of Lot 47 of said Kirkwood Place; thence S 01003'34" W, 124.82 feet along the Easterly Right of Way line of Pickard Street to the Southwest corner of Lot 47 of said Kirkwood Place; thence N 89°23'30" W, 30 feet to the Point of Beginning. Said tract of land contains 0.09 acres. 4. John A. and Carolyn A. Gross and Max E. and Martha M. VanKirk shall provide a quit claim deed to the City for the vacated portion of Pickard Street south of the above-described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City is authorized to convey the above-described real estate to the parties described for the sum of $4,000. 2. That the Mayor is authorized to sign, and the City Clerk to attest two warranty deeds conveying the above-described property. It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X _ Perret X Roberts X Vevera Passed and approved this 5th ,day of rtay 1981. MAYOR ATTEST: 4L4 J" CITY CLERK Received & P,pp.oved By The Legal Department RESOLUTION NO. 81-109 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY TO SOUTHGATE DEVELOPMENT COMPANY FOR THE PURPOSE OF DEVELOPING PUBLIC HOUSING PROJECT IS 22-3. WHEREAS, the City of Iowa City owns five parcels of real property; and WHEREAS, the City desires to sell these five parcels to Southgate Develop- ment Company for the purpose of developing Public Housing Project IA 22-3; and WHEREAS, a public hearing on this proposed sale was held on the 21st day of April, 1981, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa; and WHEREAS, the sale of these properties, described below, will be subject to the following terms: Parcel 1 - 333 South Lucas; Price $11,500 Commencing at the northeast corner of block three (3), Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof, running thence west 150 feet, thence south 50 feet, thence east 150 feet, thence north 50 feet to the place of beginning. The City shall reserve a 10 foot easement on the north 10 feet covering an existing storm sewer and a 15 foot easement over the existing sanitary sewer that crosses the southeast corner of the property. Parcel 2 - 921 North Dodge; Street Price $14,500 Beginning at a point on the West side of Dubuque Road in Iowa City, Iowa, which point is located as follows: Commencing at the intersec- tion of the center line of Dodge Street of the original town of Iowa City, Iowa, and the South line of Section 3, Township 79 North, Range 6 West of the 5th P.M.; thence North on the prolongation of said center line 55.8 feet; thence North 26°42' East 604.3 feet; thence North 37°42' East 144.5 feet; thence at right angles thereto 33 feet to the Southeast corner of the land to be described; thence North 37°42' East 119.5 feet along the West side of said Dubuque Road; thence North 39° West 182.5 feet thence South 49°37' West 119.5 feet; thence in a Southeasterly direction to the point of beginning on the West side of said Dubuque Road, being a part of Lot Thirty-three (33) of the subdivision of part of the Southeast Quarter of Section 3, Township 79 North, Range 6, West of the 5th P.M. according to the recorded plat thereof. Also beginning at a point on the West side of Dubuque Road, in Iowa City, Iowa, which point is located as follows: Commencing at the intersection of the center line of Dodge Street of the original town of Iowa City, Iowa, and the South line of Section 3, Township 79 North, Range 6 West of the 5th P.M.; thence North on the prolongation of said center line 55.8 feet; thence North 26°42' East, 604.3 feet; Im Resolution No. 81-109 Page 2 thence North 37°42' East 264 feet, all along the center line of said Dubuque_ Road; thence at right angles thereto 33 feet to the Southeast corner 'of the land to be described, thence North 390 West 182.5 feet; thence North 49°37' East 4 feet; thence South 390 East to the West side of the Dubuque Road; thence South 37°42' West to the place of beginning. The City shall reserve a 10 foot easement over the existing storm sewer that runs parallel to the north property line. Parcel 3 - 1900 F Street; Price $9,200 Beginning at the Southeast corner of Block 41, East Iowa City, in Section 14 Township 79 North, Range 6 West of the 5th Principal Meridian; thence North 105 feet along the East line of said Block 41; thence Northeasterly along a line to a point that is 147.5 feet North of the Southwest corner of Block 34, of said East Iowa City; thence South 147.5 feet to the Southwest corner of said Block 34; thence S 89°52'40" W, 75 feet to the Point of Beginning. Said tract of land contains 0.22 acres. The City shall reserve an easement over the east 20 feet of said property to cover a water service line that runs from the water main on F Street to the property located at 1905 Muscatine Avenue. Parcel 4 - 1200 Highland Avenue; Price $9,250 Beginning at the Southeast corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa as recorded in Book 3, page 126 of the Johnson County Recorder's office; thence N 01°03'34" E 139.30 feet along the Westerly R.O.W. line of Pickard Street to the Southeast corner of Lot 43 of said Kirkwood Place; thence easterly 60.00 feet to the Southwest corner of Lot 47, Kirkwood Place; thence S 01°03'34" W, 139.90 feet along the easterly R.O.W. of Pickard Street to the Southwest corner of Lot 58 of said Kirkwood Place; thence N 88°49'00" W 60.00 feet along the Northerly R.O.W. line of Highland Avenue to the point of beginning. The City shall reserve a 15 foot easement over the sanitary sewer that runs from the structure at 1210 Highland to the manhole located towards the north end of this property and a 15 foot easement that will run from the manhole to the north property line. Parcel 5 - 2721 & 2727 Muscatine Avenue; Price $55,000 Lots 1 and 2, in Block Three, in Towncrest Addition Part Two, revised to Iowa City, Iowa, according to the plat thereof, recorded in plat book 6, Page 6, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. The City shall reserve a 15 foot easement over the sanitary sewer that parallels the south property line. 309 I RRsolution No. 01-109 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City is authorized to convey the above-described real estate to Southgate Development Company for the purpose of developing Public Housing Project IA 22-3 for the total sum of $99,450. 2. That the Mayor is authorized to sign and the City Clerk to attest, easements and warranty deeds as necessary to convey the above- described properties. It was moved by Neuhauser and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 5th day of May 1981. � _.MAYOR ATTEST:tLcc TY CLERK R®eelved & Approved BY The legal Department 0/0 /�Ie.0, 4&_ Council Member Neuhauser introduced the following Resolution entitled RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Vevera seconded the motion to adopt: The roll was called and the vote was, AYES: Erdahl, Lynch, Neuhauser, Perret Roberts, Vevera, Balmer NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 81-110 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT WHEREAS, the Council of the City of Iowa City, Iowa, heretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the delivery of Construction Warrants issued pursuant to Section 389.57 the City Code of Iowa, bearing interest at seven percent (78) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions for retaining not less than ten percent (108) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- AHLERS. COONEY, DORWEILER. HAYNIE d SMITH. LAWYERS, DES MOINES. IOWA �3// and WHEREAS, the above firm or firms are now entitled to Payment for said sums owing: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 21 Parkview Co. 4-24-81 $11,139.55 —3— A FILERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA J/az- 19PASSED AND APPROVED, this 5th_ day of May__ , 1 . Jj - Mayor - `-- ATTEST: � Clerk -- (SEAL) -4- AHLERS, COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA 3/-3 No.21_ $ 11.139.55 UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT ,This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Parkview Co. of_ Iowa Citv , its successors or assigns, the sum of 11,139.55 , with interest thereon at the rate of seven percent (7%) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated June 15 , 1979 , and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 24 day Of April , 19 81 This instrument 2x,esented and not paid for want of funds this AJC day of . 19y/. Cit Trea rer AHLERS. COONEY. DORWEILER. HAYNIE G SMITH. LAWYERS. Des MOINES. IOWA ,J1 z ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to , in consideration of receipt by the undersigned from said assignee of the sum of $ Dated this day of 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) AHLERS. COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA .31.s RESOLUTION NO. 81-111 RESOLUTION RECLASSIFYING TWO PERMANENT FULL-TIME POSITIONS IN THE EQUIPMENT SERVICE DIVISION AND ONE PERMANENT FULL-TIME POSITION IN THE PARKS AND RECREATION DEPARTMENT - PARKS DIVISION. WHEREAS, Resolution 80-91 adopted by the City Council on March 11, 1980 establishing an operating budget for FY81 authorizes all permanent positions, and WHEREAS, a 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 responsibilities necessary in meeting the manpower needs of City departments and divisions in providing public services; and WHEREAS, the reorganization of duties in the Equipment Service Division no longer requires the classification of Sr. Mechanic and can be adequately performed through a position classified as Mechanic I; and WHEREAS, the reorganization of duties in the Equipment Service Division requires a change of classification of one Maintenance Worker II position to that of Maintenance Worker III; and WHEREAS, the duties normally performed by a Senior Maintenance Worker are currently being performed by an employee classified as a Maintenance Worker III, and performance of such duties is necessary to Park and Recreation department operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the authorization of personnel in the Equipment Service Division be amended as follows: 1. a. The removal of one Senior Mechanic position. b. The addition of one Mechanic I position. 2. a. The removal of one Maintenance Worker II position. b. The addition of one Maintenance Worker III position. And the authorization of personnel in the Parks and Recreation Department - Parks Division be amended as follows: 1. The removal of one Maintenance Worker III position. 2. The addition of one Senior Maintenance Worker position. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: 3/6 Resolution No. 81-111 Page 2 :AYES: NAYS: ABSENT x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 5th day of May 1981. ji 'MAYOR ATTEST: % CITY CLERK Received & Approved By The Legal DepaRmen4 /- el 3/7 r RESOLUTION NO. 81-112 RESOLUTION ESTABLISHING FEES FOR CERTIFICATES OF STRUCTURE COMPLIANCE AND RENTAL PERMITS AS PART OF THE IOWA CITY HOUSING CODE. WHEREAS, on.December 16, 1980, the City Council adopted a revised Iowa City Housing Code as Ordinance No. 80-3014, hereinafter referred to as the Code; and, WHEREAS, the Code provides for inspection and licensing of all multiple dwellings, rooming houses, duplexes, and single family rental dwellings; and. WHEREAS, the Code requires that a fee in an amount set by the City Council be paid prior to the issuance of a Certificate of Structure Compliance and Rental Permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Rental Permit fees and one-time Certificate of Structure Compliance fee for licensing multiple dwellings, rooming houses, duplexes, and single family rental dwellings shall be as follows: Certificate of Structure Compliance - $20.00 per structure. Rental Permit - $20.00 per structure plus $4.00 per rooming unit or dwelling unit contained within the structure. Rental Permit fees shall be collected simultaneously with, and no more frequently than, the inspection of the premises,the frequency of which shall be set by resolution of the City Council of Iowa City, Iowa. It was moved by Roberts and seconded by Perret that the resolution.as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch _ X Neuhauser X Perret X Roberts X Vevera Passed,and approved this 5th day of May 1981. MAYOR ATTEST: _1�v CITY CLERK Received & Approved BY The Legal Department �� RESOLUTION NO. 81-113 RESOLUTION ESTABLISHING THE FREQUENCY OF REGULAR RENTAL INSPECTIONS AS REQUIRED BY THE IOWA CITY HOUSING CODE. WHEREAS, on December 16, 1980, the City Council adopted the Iowa City Housing Code as Ordinance No. 80-3014, and WHEREAS, the Housing Code provides for regular rental inspections and licensing of multiple dwellings, rooming houses, duplexes, and single family rental dwellings, and WHEREAS, the Housing Code requires that the frequency of regular rental inspections be determined by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Regular rental (maintenance) inspections on residential property in accordance with Section 17-7 of the Code of Ordinances of Iowa City, Iowa, shall be conducted as follows: Multiple dwelling units Every 2 years Rooming houses Every 2 years Duplexes Every 3 years Single family rental dwellings Every 4 years It was moved by Erdahl and seconded byyevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch _ x Neuhauser X Perret X Roberts X Vevera Passed and approved this 5th day of May 1981. Y0R ATTEST: CITY CLERK , Received & Approved By The Legal Department - X7 '31 9 RESOLUTION NO. 81-114 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 Class "B" Beer Permit or liquor control license, to wit: Boulevard Room, Ltd. dba That Bar/FishHook, 325 E. Market St. It was moved by Lynch and seconded by Vevera that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19th day of May 19 81 . Attest: /'/CC2[Qxi d2Jy�i City Clerk—� y iLUTION NO. 81-115 RESOLUTION APPROVING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION THAT THE RECOMMENDATIONS OF THE MELROSE CORRIDOR COMMITTEE BE ACCEPTED. WHEREAS, the Melrose Corridor Committee, a subcommittee of the Planning and Zoning Commission, has made certain recommendations regarding traffic needs in the Melrose Avenue Corridor; and WHEREAS, the Planning and Zoning Commission, at a regular meeting held April 16, 1981, recommended to dissolve said committee and by a unanimous vote to forward the following recommendations of the Melrose Corridor Committee for approval. The Committee finds, based on information presented to us including traffic counts and films, -and our ensuing discussions, that there does not appear to be an unacceptable traffic congestion in the Melrose Corridor at this time. Therefore, the Committee makes the following recommendations: That the implementation of the Melrose traffic circle not be considered as a future option to solve traffic problems in the area. 2. That the currently planned widening of South Byington/Grand Avenue inter- section to two lanes would appear to be an adequate improvement to meet the current traffic needs. 3. That further improvements need to be considered to accommodate pedestrian traffic on Melrose Court and across Melrose Avenue at Melrose Court and to specifically reconsider our previous recommendations concerning these issues. 4. That if in the future increased traffic demands on the Melrose Corridor would necessitate a major new traffic facility, then the Committee would recommend that the Melrose diagonal without median should be included among the options considered to remedy the traffic congestion. This should be considered an acceptable option only at such time as there are no longer private properties fronting on Grand Avenue Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the recommendations regarding traffic needs in the Melrose Avenue Corridor be approved. It was moved by Perret and seconded by vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret Abstain Roberts x Vevera Passed and approved this 19tWay of Ma 1981. AY R ATTEST: URI „LLj ,(J • (tea i > �, * ERR/ / [3g Ilse c:r �; r' RESOLUTION NO. 81-116 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF LOT 163, PEPPERWOOD ADDITION, PART 3. WHEREAS, the owner, Braverman Development Inc. has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Lot 163, Pepperwood Addition, Part 3; and WHEREAS, the Department of Planning and Program Development and the Public 'Works Department have examined the proposed preliminary and final plat and have recommended approval of same; and WHEREAS, the said preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that they be accepted and approved; and WHEREAS, said preliminary and final plats are found to conform with all of the requirements of the City ordinance of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: and documents, 1. That the said plats/are hereby approved, subject to execution. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa after passage and approval as authorized by law. It was moved by Perret and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser X Perret X Roberts x Vevera Passed and approved this 19th day of May 1981. l/ JlAYOR ATTEST: CITY CLERK Receives! & Approver) By The Legal Department $ 13 81 3.Z 3 M LEGEND � ' `/8"reroci mound marked5/oFFer6709 O 5/8"rerod Set /s�ar�edS{of>tc9- 6909 Properftf. /tee exiSA/v /of /ire — — — ilJturC /a//;? 6 Brbuermon Deue/opmenf, % _ ° i? - I I /� E.O. C. less then 10600, 50.00' /O' Uti/i y Easemrnfjl OWNER, SUBDIVIDER /25.00' 50003'20'6' •Poii,t off' Brouermon be 1i ming pede/apment, BRAVERMAN DEVELOPMENT, INC. 1902 BROADWAY IOWA CITY, IOWA 52240 LEGAL DESCRIPTION: SCO/e /"=50" O GO 100 Thomas L ! Nlorc/ E//en Nein Par 14 N A tract of land_in the Ek SE4 NE3„ of Section 22, Township 79 North, Range 6 West of the Fifth P.M.; in Iowa City, Iowa described as; Commencing at the southeast corner of the W2.¢ SWC NW4 Section 23, T79N, R6W, 5th P.M.; thence S 89° 561.40" W, 952.76 feet to the point of beginning, said point being the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; according to the plat thereof recorded in plat book 17 page 22 plat records of Johnson County, Iowa; thence S 89° 47140" W, 88.61 feet; thence N 0° 12120" W, 175.00 feet; thence N 890 47140" E, 89.06 feet to the west line of said Part 2; thence S 0° 03'20" E, 175.00 feet to the point of beginning. Said tract contains 0.36 Acres more or less. I hereby certify that this plat was made by me'or under ■y direct personal supervision and -that I as a duly Registered Professional Engineer and Land Surveyor under the laws'of the State of Iowa. �2-&2.01%\ Ralph Stoffer,'-P.E. i L.S.• 6709 Subscribed and sworn to before me this 'Rj;? day of 2e1 2 A Notary Public in and for J APPROVED -BY: OF IOWA CITY C son County, Iowa IOWA ILLINOIS GAS i ELECTRIC_ COMPANY NORTHWESTERN BELL TELEPHONE SOUTHGATE SURVEYING AND ENGINEERING IW2 SAOAMAI IOWA CITY. IOWA 521.0 30-bl-45n TITLE: FINAL- PLAT FRANK C.sLADEK MY COMMISSION EXPIRES MAY 2 119", ABBIE STOI.Fl1S, CITY CLERK (3 ) PROJECT: PEPPFeWooD ADDIT/oN PA2T 3 /oWA C/Tr, lowA DATE: 4-/7-81 Brbuermon Deue/opmenf, /n�. _ N 00 /2' 2011W I I /� •Do' I 10600, 50.00' /O' Uti/i y Easemrnfjl t� o I2 12 - s' wo/kwoy Eoeemenl /25.00' 50003'20'6' •Poii,t off' Brouermon be 1i ming pede/apment, BRAVERMAN DEVELOPMENT, INC. 1902 BROADWAY IOWA CITY, IOWA 52240 LEGAL DESCRIPTION: SCO/e /"=50" O GO 100 Thomas L ! Nlorc/ E//en Nein Par 14 N A tract of land_in the Ek SE4 NE3„ of Section 22, Township 79 North, Range 6 West of the Fifth P.M.; in Iowa City, Iowa described as; Commencing at the southeast corner of the W2.¢ SWC NW4 Section 23, T79N, R6W, 5th P.M.; thence S 89° 561.40" W, 952.76 feet to the point of beginning, said point being the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; according to the plat thereof recorded in plat book 17 page 22 plat records of Johnson County, Iowa; thence S 89° 47140" W, 88.61 feet; thence N 0° 12120" W, 175.00 feet; thence N 890 47140" E, 89.06 feet to the west line of said Part 2; thence S 0° 03'20" E, 175.00 feet to the point of beginning. Said tract contains 0.36 Acres more or less. I hereby certify that this plat was made by me'or under ■y direct personal supervision and -that I as a duly Registered Professional Engineer and Land Surveyor under the laws'of the State of Iowa. �2-&2.01%\ Ralph Stoffer,'-P.E. i L.S.• 6709 Subscribed and sworn to before me this 'Rj;? day of 2e1 2 A Notary Public in and for J APPROVED -BY: OF IOWA CITY C son County, Iowa IOWA ILLINOIS GAS i ELECTRIC_ COMPANY NORTHWESTERN BELL TELEPHONE SOUTHGATE SURVEYING AND ENGINEERING IW2 SAOAMAI IOWA CITY. IOWA 521.0 30-bl-45n TITLE: FINAL- PLAT FRANK C.sLADEK MY COMMISSION EXPIRES MAY 2 119", ABBIE STOI.Fl1S, CITY CLERK (3 ) PROJECT: PEPPFeWooD ADDIT/oN PA2T 3 /oWA C/Tr, lowA DATE: 4-/7-81 SOUTHGATE DEVELOPMENT 1902 Broadway Iowa City, Iowa 52240 (319)337-4195 April 22, 1981 Charles J. Schmadeke, PE City Engineer City of Iowa City, Iowa re: Pepperwood Addition, Part 3 Dear Chuck, We propose to,satisfy the stormwater storage requirements for th's 36 Acre, one lot subdivision in conjunction with the Id ve opmen of the area that has been preliminary platted as P pp rwood A dition, Parts 3,4,5,6, and 7. M.N.Brlyye President MB/sv F -#ac MMAY 2 11981 ABBIE S-ro l,, CITY CLE KI �� Sas SUBDIVIDERS AGREEMENT This AGREEMENT is executed by Braverman Development, Inc., the owner and subdivider hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". - IT IS HEREBY AGREED: Section I Consideration In consideration of the approval of the proposed Pepperwood Addition, Part 3 by the City, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permits within the subdivision until concrete paving 28 feet in width, as shown on the plat, water mains, storm sewers and sanitary sewers have been installed pursuant to the Subdivision Ordinance to service the lot in question Section II Construction of Improvements All improvements shall be constructed by the Subdivider in accordance with the plans and specifications of the City. The City Engineer or his designee shall make occasional inspections of the work in progress; however, the inspections shall not relieve the subdivider of the responsibilty to construct the improvements in compliance with all applicable regulations. Section III Sidewalks The Subdivider agrees that within one year from the date of the approva of the final plat of said subdivision, to install sidewalks in said subdivision abutting said lots and within the "Walkways" designated on the plat, at feast 4 feet in width and according to the plans and specifications of the City of Iowa City, and with inspections by the City Engineer or designate as specified in Section 2. Section IV Building Permit and Escrow Account In the event that the Subdivider should desire a building permit for any lot for which certain improvements have not been installed, the Subdivider shall deposit in escrow with the City Clerk an amount equal to the cost of the improvements plus ten percent, as determined by the City Engineer. Upon deposit of the escrow, the Building Inspector shall issue a building permit, provided the applicant complies with all other ordinances. Section V Certificate of Occupancy Prior to the issuance of a certificate -of occupancy for any building erected pursuan-t-to Section IV, the City may require the -Subdivider to construct the improvements required by Sections II and III. Section VI Escrow Account If, after the issuance of the certificate of occupancy, the improvements have not been installed, the City may expend the funds in escrow to construct the improvements. Should the cost of construction exceed the amount in escrow, the City shall have a lien against the lot abutting the improvement. Any balance remaining in the escrow account after the completion of the improvements shall be refunded to the Subdivider. Section VII Waiver In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said improvements and the costs of said improvements shall be a lien and charge against all the lots abutting or in front of which improvements are made and any lots which may be assessed for improvements under the provisions of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. The City agrees when such improvements have been installed to the satisfaction of the City it will immediately file in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. Section VIII It is agreed that the City need not provide municipal services, including street maintenance, snow removal, or refuse collection to the subdivision until pavement has been installed. Section IX The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shallapplyto and run, Awith the land. Dated this 1i%%1u~ day of ,"\ , 1981 at.Iowa City, Iowa City of Iowa City: ATTEST: CITY CLERK -1a7 7 STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this 9--0 day of , 1981, before me, the undersigned, a Notary Public in'and for said County and State, personally appeared_ 14 p and 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. 4 MFRANK �SN_DEK Notary Public in and for said County and State .3a7 WALKWAY EASEMENT This agreement, made and entered into by and between Braverman Development, Inc., grantor, which expression shall include agents or assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include their agents or assigns, -witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, grantor hereby grants and conveys to City an easement for the purposes of replacement, maintenance and use of a walkway as the City shall from time to time elect, together with adequate protection therefore, as described below: The easterly 5.00 feet of Lot 163, Pepperwood Addition, Part 3, in Iowa City, Iowa. Grantor further grants to City: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and out:Jide of said line to such extent as City may find necessary; 2. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on said strip and to trim and to 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 walkway easement or may interfere with the exercise of City's rights hereunder in any manner; provided, however, that all trees which City is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of grantors, but all tops, lops, brush and refuse wood shall be burned or removed by City; 3. The right of ingress to and egress from said strip over and across said lands by means of roads and lanes thereon, if such there be; otherwise, by such route or routes as shall occasion the least practicable damage and inconvenience to grantors; provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said strip by any public road or highway now crossing or hereafter crossing said lands; 4. The right to mark the location of said strips by suitable markers set in ground; provided that said markers shall be placed in -fences or other locations which wi-11 not interfere with any reasonable use grantor shall make in said strips. a. City shall not fence said strip; b. City shall indemnify grantors against any loss and damage which shall be caused by the exercise -of said ingress and egress, construction, and maintenance or by any wrongful or negligent act, omission of City or of its agents or employees in the course of their employment. Grantors reserve the right to use said strips for purposes which will not interfere with City's full enjoyment of the rights hereby granted; provided that grantors shall not erect or construct any building or other structure, or drill and operate any well, or construct any reservoir or other obstruction of said area, or diminish or substantially add to the ground cover over said walkway. Grantors do hereby covenant with City that they are lawfully seized and possessed of the real estate above described; that they have a 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 apply to and run with the land. Dated this 20*� day of M0. ,1981. GRANTORS: BRAVERMAN DEVELOPMENT, INC. IOWA TY, IOWA BY. STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this day of 1981, before me the undersigned, a Notary—PuBTic in and forid County, in said State, personally appeared _� and to me persona ly known who, eing by me—au y sworn, did say at they are the and respectively, of said corporation executing t wit 1n aoddannd� oregoing instrument to which this is attached; that said instrument was signed on behalf of said corporate n by authority of its Board of Directors; and that the said )�_ and as such officers ack ow a ged e execution of said instrument to a the voluntary act and deed of said corporation, by it and by them voluntarily executed. v� o MFRAWKC�iSLADEKNotary Pu llc 1n and - or d ibl11 Johnson County, Iowa .3d27 DEDICATION OF PEPPERWOOD ADDITION, PART 3 KNOW ALL MEN BY THESE PRESENTS: That Braverman Development, Inc. does hereby certify and state that they are the owners and proprietors of the following described real estate situated in Johnson County, Iowa, to wit: A tract of land in the E'.i SE4 NE, of Section 22, Township 79, North, Range 6 West of the Fifth P.M.; in Iowa City, Iowa described as: Beginning at the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; thence S 890 47140" W, 88.61 feet; thence N 00 12'20" W, 175.00 feet; thence N 890 47'40" E, 89.06 feet to the west line of said Part 2; thence S 00 03'20" E, 175.00 feet to the point of beginning. Said tract contains 0.36 Acres more or less. That the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with their free consent and in accordance with the desire of the proprietors. The streets and walkway easement in said subdivision are hereby dedicated to the public as provided by Chapter 409 of the 1979 Code of Iowa. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this day of 1981. BRAVERMAN DEVELOPMENT, INC. BY: �NS B Y I'! STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On thisday of 1981, before me, the undersigned, a Notary Publisaid County, in said State, personally appeared �)vtyL'Q�-/(�Ge,rO�-�� _ and to me personally kn wn, who, being by me duly sworn, did say that they are the and Uy , respectively of said corporation executingTithin and foregoing instrument to which this is attached; that said instrument was signed on behalf of said corpora4 on by authority of its Board of Directors; and that the said �_ and as such officers now a ged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. °. FRANK Q SLADEK MYISSIIO L S X' Notary Public in and for Johnson County, Iowa 3.27 OPINION OF ATTORNEY I, Richard Shulman, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: A tract of land in the E2 SE, NE4 of Section 22, Township 79 North, Range 6 West of the Fifth P.M.; in Iowa City, Iowa described as: Beginning at the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; thence S 890 47140" W, 88.61 feet; thence N 00 12120" W, 175.00 feet; thence N 880 47'40" E, 89.06 feet to the west line of said Part 2; thence S 0 03120" E, 175.00 feet to the point of beginning. Said tract contains 0.36 Acres more or less. It is hereby certified that fee simple title to said property is in Braverman Development, Inc. and that the same is free from encumbrances. Dated at Iowa City, 1981. Iowa this zd"%day of K" $ 1902 Broadway Iowa City, Iowa 52240 3,27 CERTIFICATE OF CLERK Mary A . Go�k1 � h hereby certify that I am the Clerk of the District Court of Johnson County, Iowa, and that the property described as follows, to -wit: A tract of land in the Eli SE4 NE4 of Section 22, Township 79 North, Range 6 West of the Fifthe P.M.; in Iowa City, Iowa described as: Beginning at the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; thence S 89° 47'40" W, 88.61 feet; thence N 0° 12120" W, 175.00 feet; thence N 89° 47140" E, 89.06 feet to the west line of said Part 2; thence S 0° 03120" E, 175.00 feet to the paint of beginning. Said tract contains 0.36 Acres more or less. and shown on the attached plat and known and designated as Pepperwood Addition, Part 3, Iowa City, Iowa, is free from all judgments, attachments, mechanic's liens or other liens as appears in the records in my office. Dated at Iowa City, Iowa, this p day of k3 1981. r�w.r5 fi . C av%%461 Clerk of Court, Johnson County, Iowa 3 -R7 CERTIFICATE OF RECORDER I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: A tract of land in the Ek SE4 NE4 of Section 22, Township 79 North Range 6 West of the Fifth P.M.; in Iowa City, Iowa described as: Beginning at the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; thence S 890 47140" W, 88.61 feet; thence N 00 12120" W, 175.00 feet; thence N 890 47'40" E, 89.06 feet to the west line of said Part 2; thence S 00 03'20" E, 175.00 feet to the point of beginning. Said tract contains 0.36 Acres more or less. and shown on the attached plat and known and designated as Pepperwood Addition, Part 3, Iowa City, Iowa, is free from liens and encumbrances. Dated at Iowa City, Iowa this�day of 1981. John E. O'Neill Recorder of John n unty, Iowa J,77 CERTIFICATE OF COUNTY TREASURER I. Donald Krall, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: A tract of land in the Ek SE4 NE4 of Section 22, Township 79, North, range 6 West of the Fifth P.M.; in Iowa City, Iowa described as: Beginning at the southwest corner of Pepperwood Addition, Part 2 in Iowa City, Iowa; thence S 89° 47140" W, 88.61 feet; thence N 0° 12120" W, 175.00 feet; thence N 8,9° 47140" E, 89.06 feet to the west line of said Part 2; thence S 0? 03120" E, 175.00 feet to the point of beginning. Said tract contains 0.36 Acres more or less. and shown on the attached plat and known and designated as Pepperwood Addition, Part 3, Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa this day of , 1981. (Sha d Krall County Treasurer, Johnson County 327 RESOLUTION NO. 81-117 RESOLUTION APPROVING EXTENDED BOUNDARIES OF LOWER RALSTON CREEK NEIGHBORHOOD REDEVELOPMENT PLAN, AS REQUIRED BY CHAPTER 403 OF THE CODE OF IOWA. WHEREAS, the City of Iowa City, Iowa, is empowered pursuant to Chapter 403, Code of Iowa, 1979, to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation; and, WHEREAS, the Lower Ralston Creek Neighborhood has been found to be in need of conservation,' rehabilitation and redevelopment to prevent decay and spread of blight; and, WHEREAS, the City of Iowa City has in 1979 developed a plan for the conservation, rehabilitation and redevelopment of the Lower Ralston Creek Neighborhood; and, WHEREAS, the boundaries of said plan need to be extended in order to effectively contain the 100 -year flood throughout the area; and, WHEREAS, said plan has been reviewed by the Iowa City Planning and Zoning Commission and has been found to be in conformance with the Comprehensive Plan for Iowa City; and WHEREAS, the City of Iowa City has held a public hearing on the redevelopment plan and its extended boundaries. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the City Council has considered the Lower Ralston Creek Neighborhood Redevelopment Plan and its extended boundaries, and it is hereby found by the City Council that; 1. A feasible method exists for relocating families who will be displaced from the neighborhood redevelopment area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families, and 2. The Neighborhood Redevelopment Plan conforms to the Comprehensive Plan for Iowa City, Iowa. It was moved by Vevera and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 19th day of May , 1981. ,30jY ATTEST: %)lo.� nx 'e' Wl /I(!i CITY CLERK -1 1 Proceedings to Proceed With Issuance and Sale Iowa City, Iowa May 19 , 1981 The City.Council of Iowa City, Iowa, met in regular session on the 19th day of May , 1981, at 7:30 o'clock P •m•. Civic Center , in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer , Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bond (Henry Louis Inc. Project) in an aggregate principal amount not to exceed $80,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bond, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bond. The following local residents attending the hearing expressed their views as follows: -1- eELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA 3.30 After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Neuhauser introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bond (Henry Louis Inc. Project) in an aggregate principal amount not to exceed $80,000" and moved its. adoption, seconded by Council Member Vevera After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned.. Attest: City Clerk (seal) ayor -2- ISELIN, HARRIS, HELMICK & HEARYNEY, LAWYERS, DES MOINES, IOWA 3,3/ RESOLUTION 81-118 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bond (Henry Louis Inc. Project) in an aggregate principal amount not to exceed $80,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Henry Louis Inc. (the "Company"), an Iowa corporation, to issue its industrial development revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by the Company to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bond (Henry Louis Inc. Project) of the Issuer in an aggregate principal amount not to exceed $80,000 (the "Bond") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bond, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bond has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bond at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bond have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- SELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS. DES MOINES, IOWA ,134P2- Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bond as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bond upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding the Bond. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bond. Prior to execution of said agreements by the Issuer,all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bond and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bond. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 19th( _day of May 1981. ayor Attest: �h,)N,n,,,-V -) �_rk, City Clerk 'r--� (Seal) -4- ISELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA ,.333 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and. that said transcript hereto attached is a,true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bond (Henry Louis Inc. Project) in an aggregate principal amount not to exceed $80,000. WITNESS my hand and the corporate seal of said City hereto affixed this 19th day of May , 1981. (Seal) i /1`121/✓ �DCe :<+c��Cl� City Clerk BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA ��0�1 RESOLUTION NO. 81-119 Q -- RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE II WHEREAS, Town and Country Electric of Iowa City, Iowa has submitted the beet bid 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 Town and Country Electric , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Lynch and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 7.1 , ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this, 19th day of May , 19 81 ATTEST: CITY CLERK ' 4 Received $ Approved By rhe Legal D'epartr?enp Iowa City, Iowa, May 19, 1981. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl (7:35 P.M.), Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None —1- 33 � The Mayor announced that the purpose of the meeting was to amend the Memorandum of Aareement executed in connection with the issuance of not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,0004 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Plaza Retail Associates Project). After due consideration of the proposed amendment to the Memorandum of Agreement, Council Member Perret proposed the following Resolution and moved its adoption. Council Member Neuhauser seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Neuhauser, Perret, Roberts, Vevera Balmer, Erdahl, Lynch NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 337 RESOLUTION NO. 81-120 A RESOLUTION RELATING TO AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (PLAZA RETAIL ASSOCIATES PROJECT) AND NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (PLAZA RETAIL ASSOCIATES PROJECT). WHEREAS, the City of Iowa City, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise consisting of retail and commercial facilities which the City Council of the City finds to be located within the area of and consistent with the Urban Renewal Plan adopted by the City pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Plaza Retail Associates, a joint venture (the "Company") to amend the Memorandum of Agreement entered into between the City and Company on July 15, 1980 pursuant to the City's Resolution No. 80-291 to extend the expiration date of said Memorandum of Agreement from June 1, 1981 to Feb. 16, 1982; and WHEREAS, the City finds it to be in the best interests of the City that the expiration date of said Memorandum of Agreement be extended from June 1, 1981 to Feb. 16, 1982. NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the Amendment to Memorandum of Agreement attached hereto as Exhibit "A", amending the Memorandum of Agreement dated July 15, 1980, between the City and the Company be executed for and on behalf of the City. -3- 3,51 Section 2. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 19th day of May, 1981. City of Iowa City, Iowa ?,/--) (Seal) ° john Balmer, Mayor Attest: City Clerk -4- 3J,? RK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on May 19, 1981, authorizing execution of an Amendment to Memorandum of Agreement previously executed in connection with the issuance of not to exceed $5,000,000 in aggregate principal amount the City's Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and not to exceed $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Plaza Retail Associates Project); authorizing execution of an Amendment to Memorandum of Agreement; and approving proceeding with the issuance of said Bonds; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, 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 28A, Iowa Code, and 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. Witness my hand, and the Corporate Seal of said City hereto affixed this day of May, 1981. (Seal) State of Iowa ) SS.: County of Johnson ) c City Cletk r Subscribed and sworn to before me this day, the date last above written. �_�/. C'�r�-.mac/ ✓�d��� (S al) Notary Public -5- 3ft0 (This Notice to be Posted) NOTICE AND CALL OF PUBLIC HEARING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. May 19, 1981 7:30 P.M. 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: 1. A Resolution Authorizing Execution of an Amendment to Memorandum of Agreement Previously Executed in Connection With the Issuance of Not to Exceed $5,000,000 in Aggregate Principal Amount of the City's Industrial Development Revenue Interim Bonds (Plaza Retail Associates Project) and Not to Exceed $5,000,000 in Aggregate Principal Amount of the City's Industrial Development Revenue Bonds (Plaza Retail Associates Project). 2. Such additional matters as are set forth on the additional 5 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stolfus, Clerk!;of the City of Iowa City, Iowa 8 , c a i/. //. .c f, 3001 n u EXHIBIT "A" �J AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Plaza Retail Associates, party of the second part (hereinafter referred to as the "Company"). The Memorandum of Agreement entered into between the City and the Company on July -15, 1980, pursuant to the City's Resolution No. 80-291, is hereby amended and supplemented as follows: The date in paragraph 4(a) is hereby extended to Feb. 16, 1982. IN WITNESS WHEREOF the parties hereto have entered into this Amendment to Memorandum of Agreement by their officers thereunto duly authorized as of the 19th day of May, 1981. (Seal of City) Attest: City of Iowa City, Iowa <e -k�,u, E -4 City' Clerk' Plaza Retail Associates BY Wil eda Hieronymus fo Hieron, Inc. d for Old Capital Business Center Company By Jay Ohler for City Plaza Pa nership BY r - Ivan Himmel for Meadow Link Incorporated 03 Iowa City, Iowa, May 19, 1981. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl (7:30 P.M.). Lynch Neuhauser, Perret. Roberts. Vevera Absent: None -1- 3513 The Mayor announced that the purpose of the meeting was to amend the Memorandum of Agreement executed in connection with the issuance of not to exceed $7,500,000 in aggregate principal amount of the City's Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Towers Hotel Associates Project). After due consideration of the proposed amendment to the Memorandum of Agreement, Council Member Neuhauser proposed the following Resolution and moved its adoption. Council Member Vevera seconded the motion to. adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Perret, Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhauser NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 34�Y RESOLUTION NO. 81-121 A RESOLUTION RELATING TO AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE INTERIM BONDS (TOWERS HOTEL ASSOCIATES PROJECT) AND NOT TO EXCEED $7,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (TOWERS HOTEL ASSOCIATES PROJECT). WHEREAS, the City of Iowa City, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise consisting of hotel and restaurant facilities which the City finds to be located within the area of and consistent with the Urban Renewal Plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Towers Hotel Associates, a joint venture (the "Company") to amend the Memorandum of Agreement entered into between the City and Company on July 15, 1980 pursuant to the City's Resolution No. 80-290 to extend the expiration date of said Memorandum of Agreement from June 1, 1981 to Feb. 16, 1982; and WHEREAS, the City finds it to be in the best interests of the City that the expiration date of said Memorandum of Agreement be extended from June 1, 1981 to Feb. 16, 1982. NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the Amendment to Memorandum of Agreement attached hereto as Exhibit "A", amending the Memorandum of Agreement dated July 15, 1980, between the City and the Company be executed for and on behalf of the City. -3- jq �•� Section 2. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 19th day of May, 1981. City of Iowa City, Iowa (Seal) C �., Zit .�✓ Bohn Balmer, Mayor Attest: ' J City Clerk -4- ,,//// 'YL CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on May 19, 1981, authorizing execution of an Amendment to Memorandum'of Agreement previously executed in connection with the issuance of not to exceed $7,500,000 in aggregate principal amount the City's Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and not to exceed $7,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Towers Hotel Associates Project); authorizing execution of an Amendment to Memorandum of Agreement; and approving proceeding with the issuance of said Bonds; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, 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 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this -j'� day of May, 1981. (Seal) %//tea n S 7Gxn c�aihr h�. City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) Notary Public -5- 3 f17 (This Notice to be Posted) NOTICE AND CALL OF PUBLIC HEARING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. May 19, 1981 7:30 P.M. 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: 1. A Resolution Authorizing Execution of an Amendment to Memorandum of Agreement Previously Executed .in Connection With the Issuance of Not to Exceed $7,500,000 in Aggregate Principal Amount of the City's Industrial Development Revenue Interim Bonds (Towers Hotel Associates Project) and Not to Exceed $7,500,000 in Aggregate Principal Amount of the City's Industrial Development Revenue Bonds (Towers Hotel Associates Project). 2. Such additional matters as are set forth on the additional 5 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stolfus, Clerk of the City of Iowa City, Iowa ss:1a �p —6— 34f% EXHIBIT "A" AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Towers Hotel Associates, party of the second part (hereinafter referred to as the "Company"). The Memorandum of Agreement entered into between the City and the Company on July 15, 1980, pursuant to the City's Resolution No. 80-290, is hereby amended and supplemented as follows: The date in paragraph 4(a) is hereby extended to Feb. 16, 1982. IN WITNESS WHEREOF the parties hereto have entered into this Amendment to Memorandum of Agreement by their officers thereunto duly authorized as of the 19th day of May, 1981. (Seal of City) Attest: City of Iowa City, Iowa Towers Hotel Associates By Jay"e. Oehler for Investments I corporated and for College To ers Li ite' Partne ship By _GJ� Ivan Hi mel for Meadow Link Incorporated 3 519 RESOLUTION NO. 81-122 RESOLUTION RECLASSIFYING ONE PERMANENT FULL-TIME POSITION IN THE PARKS AND RECREATION DEPARTMENT - CEMETERY/FORESTRY DIVISION AND TWO PERMANENT FULL TIME POSITIONS IN THE PUBLIC WORKS DEPARTMENT - WATER DIVISION. WHEREAS,, Resolution 80-91 adopted by the City Council on March 11, 1980, establishing an operating budget for FY81 authorizes all permanent positions, and WHEREAS, the classification plan of the City of Iowa City was established and maintained to reflect through job classification and compensation the level of job duties and responsibilities necessary to fulfill department operating requirements, and WHEREAS, two vacant Treatment Plant Operators positions in the Water Division can more effectively be filled as Maintenance Worker II positions, to facilitate training necessary to the Treatment Plant Operator position, and WHEREAS, one vacant Maintenance Worker II position in the Cemetery/Forestry Division can more effectively be filled as a Maintenance Worker I position, to facilitate training necessary to the Maintenance Worker II position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the authorization of personnel in the Public Works Department - Water Division be amended as follows: 1. The removal of two Treatment Plant Operator positions. 2. The addition of two Maintenance Worker II positions. And that the authorization of personnel in the Parks and Recreation Department - Cemetery/Forestry Division be amended as follows: 1. The removal of one Maintenance Worker II position. 2. The addition of one Maintenance Worker I position. ,3,j'O Resolution No 1-122 Page 2 It was moved by Vevera and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of May 1981. ATTEST: -MO \' , `i). `K '" 1 F)"�f'� CITY CLERK By Th' {. "'f $ 14 ,35/ RESOLUTION NO. 81-123 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY81 OPERATING BUDGET. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., June 16, 1981, to permit any taxpayer to be heard for or against the proposed amendment to the FY81 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 Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _ x Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June , 1981. Received & Approved By The Legal Department �sz LESOLUTION NO. 81-124 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY82 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 16th day of June , 1981 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 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 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 Neuhauser and seconded by Perraf that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 2nd day of June 19 81 Mayor ATTEST: /./ v. �(, ,' ✓�./' • .1� �_ Received Approved City Clerk By The Legal Department �`� S _-)O_G. 85.3 tEOLUTION NO. 81-125 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CBD ALLEY PAVING - PHASE II BLOCK 82, O.T. DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 16th day of June . 1981 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 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 (9) 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 Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 2nd ATTEST: day of i Approved roved fieteived &PP gy The Legal Department RESOLUTION NO. 81-126 RESOLUTION AUTHORIZING SETTLEMENT PAYMENT AND OFFER TO PURCHASE PORTION OF SOUTH MARKET SQUARE, IOWA CITY, IOWA WHEREAS, The City of Iowa City,("City") is obligated to the Chicago, Rock Island and Pacific Railroad Company, ("Railroad"), pursuant to remand from the Iowa Supreme Court, docket # 42535; and WHEREAS, the Railroad is ready to dispose of property known as the East , of South Market Square in Iowa City; and WHEREAS, it is in the best interests of the City to resolve these matters with the Railroad prior to liquidation. WHEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY; AS FOLLOWS: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest an Offer to Purchase the East , of South Market Square, Iowa City, Iowa, together with perpetual easements of record, said offer to be submitted to the Chicago, Rock Island and Pacific Railroad, William M. Gibbons, Trustee. 2. That the City Manager and City Attorney are authorized to negotiate final settlement with the Trustee on behalf of Railroad, as ordered on remand, in Chicago Rock Island and Pacific Railroad Company v. City of Iowa City, docket # 42535, together with other outstanding matters concerning the operation of the Railroad in Iowa City. It was moved byyevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS X X X X ABSENT: X X X Passed and approved this 2nd day of Jame Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera 1981. YOR 3$S / Received & Approved ATTEST:// / x / By the Legal Department CIT ­YC ' `��i/✓r 6—� �/ RESOLUTION NO. 81-127 RESOLUTION AwARDING CONTRACT AND AUTHORIZInu MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE PARKING RAMP "A" EXIT LANE /C : ,r e" WHEREAS, Midwest Electrical Contractors, Inc., of Iowa City, Iowa, has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Midwest Electrical Contractors, Inc. , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vevera and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved thin 2nd day of June , 19 81 MAYOR ATTEST: /� . < < <. CITY CLERK$, APPTpYed en4 Legal pepartm �,SG I CONTRACT °° THIS AGREEMENT, made and entered into this _ l�� day of , 1914, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and MIDWEST ELECTRICAL CONTRACTORS, INC. party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 2nd day of April , ti 19 81 , for THE PARKING RAMP "A' EXIT LANE under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 -35% e. Sp t Provisions f. Proposal r 110 g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. 1 Title ATT Midwest Electrical Contractor Cont., Inc. (Seal (Title) Vice-president ATTEST: (Title) City Clerk "-�/(Title) Presiderft ( omoanv Of is 5 CF -2 FORM OF PROPOSAL - o THE PARKING RAMP "A" EXIT LANE CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DONOTUSE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Midwest Electrical Contractors, Inc. Address of Bidder 866 S. Capitol St., P.O. Box 17579 Iowa City, Iowa 52244 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ 10.x: in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda "0- , , and and do all work at the prices ereina ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY._ PRICE AMOUNT_ 1 Pavement Removal sq yd 26 $ 9.25 $ 240.50 2. 7" P.C.C. Paving sq yd 94 13.50 1269.00 3. 4" P.C.C. Sidewalk sq ft 150 2.00 300.00 4. Remove Existing Light & Base each 1 300.00 300.00 5. Install New Light & 1 475.00 475.00 Base each -6. Install' Pull Box each 1 340.00 340.00 7. P.C:Ci Island - each 1 600.00 600.00 8. P.C.C. Protector each 1 200.00 200.00 9. Exit Sign each 1 2000.00 2000.00 10. Exit Lane Equipment Lump Sum 1 22000.00 22000.00 TOTAL EXTENDED AMOUNT $279724.50 .�JL The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned hidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: Midwest Electrical Cont., Inc. By: Vice- President it TeT (Seal if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS Loren E. Kober. President James E. Kessler, Vice-president 866 S. Capitol St., P.O. Box 1757 BusinessAddress) Iowa City, Iowa 52244 no PERFORMANCE AND PAYMENT BONS #418-895 r no KNOW ALL MEN BY THESE PRESENTS THATdwes�,eet<#eal ser�taaebexs�:K. P- n_ Anx 11s� inwa rir (Here insert the name and a ess or legal title of the Contractor) a Principal, hereinafter called the Contractor and Merchwnrs Mnrn„1 Annriinq _ Company of Des Moines. Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Twe—Seuan-Thousand and 50/100 Seven Hundred Twenty-Fau3Pollars ($27,724.50 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors y and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 entered into a Contract with Owner for... a THE PARKING RAMP "A' EXIT LANE In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in \ default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 35G IT IS A FURTHEF VDITION OF THIS OBLIGATION th he principal and Surety shall, in accordance with provisions of Chapter 573 of tho. Code of n, Iowa, pay to all persons, firms or corporations having contracts directly ° with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF A.D., 19 IN THE PRESENCE OF: MERCHANTS MUTUAL BONDING COMPANY Surety Witness tle ames E. Thompson, Atto ney-in-fact ,.356 MERCHAN -- MUTUAL BONDIN( ;OMPANY DES MOINES, IOWA POWER OF ATTORNEY Know AB Men By These Presents, that the MERCHAWS MIM Al. Honnruc mMp.Aay. a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of fes Moines. County of Polk. State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMair II, Carl J. (Pant Jr., James E. Thont)son, Jams P. Norris, F. Melvyn HruUetz of DE?8 Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power and authonly herchy conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exoaed in artlount the sum of (ATE MILLION DOLIARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, arc hereby ratified and confirmed. This Powerof-Attorney is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A. -"The Chariman of the Board or President orany Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANY has caused these presents to he signed by its President and Vice President, and its corporate sed to be hereto affixed, this 22nd day of May A.D., 1979 Attest: l'1.:%GGl�Les-r C'V sYTr:'t,1iL By VA, Pmid,., STATE OF IOWA COUNTY OF POL.K '} ss. MERCHANTS MUTUAL BONDING COMPANY On this 22nd day of May 1 ,19 79 before me appeared W.W. Warner and William Warner, to me perwnally known, who being by me duly sworn did say that they are President and Vice President respec- tively of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal, at the City of Des Maines, Iowa the day and year first above written. w k ,Vomry PuAlil Pel4 CncnM rnnn 10 WA • era ran.n '.rnrr., 9-30-61 4'tfAV STATE OF IOWA COUNTY OF POLK } ss. 1, William Warner, Vice President of the MERCHANTS MUTUAL BONDING COMPAIJYC'i! ' that the above and foregoing is a true and correct copy of the POWER OF ATTOR MERCHANTS BONDING COMPANY, which is still in force and effect. 0,1 In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at by this day of 19. 193; fit% krj �_ olpf This power of auomey expires Until Revaked certify %, said no ,356 NAME AND ADDRESS OF AGENCY LaMair-Mulock-Condon Co. 907 Walnut Street Des Moines, Iowa NAME Midwest Electrical Contractors, Inc. P.O. Box 1757 Iowa City, Iowa 52240 °c COMPANIES AFFORDING COVERAGES ` COMPANY A Iowa National Mutual Ins. Co. LETTER COMPANY LETTER COMPANY LETTER COMPANY D LETTER COMPANY LEFTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition 1 of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. DESCRIPTION OF OPERATIONSAOCATIONSNEHICLES Project: The Parking Ramp "A" Exit Lane Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will ejtt9b1XXJ0tmail III- days written notice to the below named certificate holder, Juddaibmyft NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Iowa City, Iowa City Kau Iowa City, Iowa 52240 4CORD 25 (1-79) DATE LA Limits of Liabili in Thousands COMPANY LETTER TYPE OFINSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE A GENERAL LIABILITY CCC 80 140 804 10-1-81 BODILY INJURY E 500 $ 500 IN COMPREHENSIVE FORM ®PREMISES—OPERATIONS PROPERTY DAMAGE E 250 f 250 ® EXPLOSION AND COLLAPSE HAZARD ® • UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® BODILYINJURYAND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ E ® BROAdfORM PROPERTY J COMBINED DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURYC E 500 ® PERSONAL INJURY A AUTOMOBILE LIABILITY BODILY INJURY EZSD CCC SO 140 804 10-1-81 (EACH PERSON) ® COMPREHENSIVE FORM $500 ® BODILY INJURY (EACH ACCIDENT) OWNED ® PROPERTY DAMAGE sinn HIRED INJURYAND Ljl NON OWNED lid PROPERTY DAMAGE $ COMBINED A EXCESS LIABILITY Cn „QW IlS 856 ` O 10-1-01 BODILYINJURYAND ® UMBRELLA FORM O PROPERTY DAMAGE s1,000 $ 1,000 ❑ OTHERTHAN UMBRELLA COMBINED FORM A WORKERS' COMPENSATION WC 30 487 519 10-1-81 STATUTORY and EMPLOYERS' LIABILITY s LOU IrxRaccm[nn OTHER DESCRIPTION OF OPERATIONSAOCATIONSNEHICLES Project: The Parking Ramp "A" Exit Lane Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will ejtt9b1XXJ0tmail III- days written notice to the below named certificate holder, Juddaibmyft NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Iowa City, Iowa City Kau Iowa City, Iowa 52240 4CORD 25 (1-79) DATE LA RESOLUTION NO. 81-128 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE _IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE III /"ad�erLa, WHEREAS, Town and Country Electric Company of Iowa City, Iowa, has submitted the best bid 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 Town and Country Electric Company , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 2nd day of June , 19 81 MAYOR ATTEST: CITY CLERK Received 8. Approved By The Legal Department uJ S� s' 81 357 ( I P lr la-/�Q CONTRACT THIS AGREEMENT, made and entered into this _a t Q day of ne_ 19�/, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and TOWN and COUNTRY ELECTRIC CO. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 5th day of 19 81 , for IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE III under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 .61517 e. Spec'._. Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. —That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Con ractor (Seal) 1 D (Title or (Title ATTEST: ATTEST: -�� (Title) City C erk (Title) Company Officia F:F-2 J57 I 80036. 02 BID FORM SUBMIT IN DUPLICATE ALL BLANKS SHALL BE FILLED IN BIDS RECEIVED I01VA ELECTRICAL Iowa 10:00 AM CST CITY D0WNTOWN REVISIONS, PHASE City, Iowa TO: City Clerk of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Page 1 May 27, 1981 In response to your request for Bids and in compliance with the Contract Requirements, the undersigned proposes to:.furnish labor, materials and equipment, all supervision, coordination, all related incidentals necessary to perform..the Iowa City Downtown Electrical Revisions, Phase -III Iowa City, Iowa in strict accordance with the Project Manual and the Drawings dated 5 May, 1981, including Addenda numbered 1 through , inclusive, prepared by HLM Engineers, for the Base Bid Lump Sum of: . BASE BID Fifty-eight thousand one hundred fifty two --------------------- Dollars ($ 5R•152.nn ) Bid Security in the form of certified check ( ), chashiers check( ) or bid bond (x ) accompanies this proposal in the amount of 5% of the bid amount. In submitting this Proposal, the undersigned agrees that the Bid will not be withdrawn for a period of 30 consecutive calendar days following the date of Bid Opening; further, that if a Notice to Proceed or if a prepared Agreement provided by the Owner is received at the business address identified below within the above named 30 day period, the undersigned will, within tdn days of such receipt, acknowledge acceptance of the contract award and will execute and deliver the Agreement, the Performance, Labor and Material Payment Bond, the certificates of insurance and will proceed in accordance with requirements of the Contract Documents for this project and have the Project at Substantial Completion at the earliest possible date. 3s7 80036.01 BID FORM Page 2 The business address to which the Notice to Proceed may be mailed, telegraphed or otherwise delivered is: 1218 Highland Ct. Iowa City, Ia. 52240 Signed• Town & Country Electric Co. Firm or Corporate Name 357 PERFORMANCE AND PAYMENT BOND #418-901 KNOW ALL MEN BY THESE PRESENTS THAT Town s Country Electric Company ere insert the name and address or le&l tit e oI the Contractor a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company Here insert the legaZ tit e -07 t o Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa,.as obligee, hereinafter called the Owner, in the amount Of Fifty -Eight Thousand One Hundred Fifty -Two and 00/100 Dollars ($ 58,152.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 2 19 81 , entered into a Contract with Owner for ... Downtown Electrical Revisions, Phase III In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's .JS% C. obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one ni year from the date of acceptance of the improvements by the Owner. am 36-7 r D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS A.D., 19 81 . IN THE PRESENCE OF: DAY OF T„np TOWN rincipa W COMPANYn S, ness ' it e � Witness MERCHANTS MUTUAL BONDING COMPANY (Surety) James Thompson Tlt1 VAttorney-in-fact 1' C ,3. 57 MERCHA -S MUTUAL BONDI 3 COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERC'IIASUS MUTUAL. BONDING COMPANY, a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUALLY - F. Melvyn Hrubetz, C.B. Condon, G.A. LaMair II, Carl J. Grant Jr., James E. Thompson, James F. Norris of Des Moines and state of Iowa its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE MILLION ($1,000,000.00) DOLLARS• and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By-law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A. "The Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recogniznces, contracts of indemnity and other writings obligatory in the nature thereof." In W imess W hereuf. MERCHANTS MUTUAL 13ONDI NG COM PANY has caused these presents In be signed by its Vice Presidents, and its corporaic seal to be hereto affixed, this 3rd day of June A, D. 19 81 Attest: STATE OF IOWA COUNTY OP POLK ) ss. MERCHANTS MUTUAL BONDING COMPANY .. J� .. .. 0'PBy .�. y. • Vire PrcriJrm • : J�'. 0/NES.; a� •: Onthis 3rd day of June ,19 81 . MoremeappearcilM.1.lungand William Warner, tonic personally known, who being by me duly sworn did say that they are Vice Presidents respectively of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Scal affixed at tIm saidinxtrument is the Corporate Seal of the said Corporation and that the said instrument was signed and scaled in behalf of said Corpomtinn by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. J -C IOWA c �.14 C'nm0' V Al, CnmMui.n E""'i, 9-30-82 %STATE OF IOWA �• O;'•gR�A�-SSP;• COUNTY OF POLK .........I, M. 1. Long, Vice President of the MERCHANTS MUTUAL BONDING COMPANY, do foregoing is a true and correct copy of the POWER OF ATTORNEY. executed by said MERCI which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at this 2nd day of June 19, 81 This power of attorney expires Until Revoked and 3-57 r RESOLUTION NO. 81-129 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND A LETTER OF INTENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement and a letter of -intent with Iowa Department of Transportation, a copy of said agreement and letter of intent 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 and letter of intent for the reconstruction of Iowa Primary Highway No. 1. 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 and letter of intent with Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreement and letter of intent to any citizen requesting same. It was moved by Vevera and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALP•IER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 2ndday of June 1931. 1 MAYOR ATTEST: ' CITY CLERK Itewived & Approved By The Legal Department 3� A G R E E M E N T Order No S-81-1056 COUNTY Johnson CITY Iowa City PROD. NO. F-1-5(9)--20-52 F-1-5(4)--20-52 Iowa D.O.T. 81-3-032 AGREEMENT NO. IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa (hereafter City) as follows: 1. The D.O.T. and the City entered Agreement 78-1-190 for D.O.T. right of way acquisition on Iowa Primary Highway No. 1 within the City. The Agreement was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. 2. The D.O.T. may proceed at its discretion to let a project for reconstruction of Iowa Primary Highway No. 1 within the City from its intersection with the City's south corporation line near Sunset Street (Station 124+18) extending northerly and easterly through the south junction of Iowa Primary Highway No. 1 and U.S. Primary Highway No.'s 6 and 218 to a point located approximately 420 ft. southeast of said junction on U.S. 6 (at Station 1187+00) and from approximately 1146 ft. south (on U.S. 218 at Station 491+36.50) to approximately 667 ft. north (on combined Iowa 1, U.S. 6 and U.S. 218 at Station 509+50) of said junction respectively. 3. The proposed project as described in section 2 above will provide for a four -lane divided Portland Cement Concrete roadway. 4. The following city street intersections will be reconstructed as described and will be temporarily closed during the construction period: a) Sunset Street will be reconstructed from its junction with Iowa 1, extending northwesterly approximately 416 ft. 3S7 -2- b) The easterly extension of Ashley Drive will be permanently closed at its junction with Iowa 1 and a cul-de-sac will be constructed. The westerly extension of Ashley Drive will form a reconstructed intersection with Sunset Street. c) Miller Avenue will be reconstructed from its junction with Iowa 1 extending northerly approximately 83 ft. d) Hudson Avenue will be reconstructed from its junction with Iowa 1 extending northerly approxi- mately 86 ft. e) Orchard Street will be reconstructed from its junction with Iowa 1 extending northeasterly approximately 70 ft. 5. The following construction will be let by the D.O.T. in conjunction with the Iowa 1, related construction described herein: a) Benton Street will be reconstructed from its junction with Orchard Street (one block west of combined Primary Highway No.'s 1, 6, 218) extending easterly to the Iowa River bridge. The proposed facility will provide for a Portland Cement Concrete curbed roadway. b) Riverside Drive (at its junction with Benton Street) will be reconstructed from a point located approximately 400 ft. + north of Benton Street extending southerly to a tie-in with reconstruction at the intersection of Primary Highway No.'s 1, 6 and 218. The proposed facility will provide for a Portland Cement Concrete curbed roadway with median tapers located north and south of Benton Street. Total cost for the construction described in sections 5a and 5b above will be borne by the D.O.T. and the City on a 50%/50% basis and shall include any and all right of way acquisition and construction related items. The D.O.T. shall let the above construction in conjunction with the Iowa 1 improvement. City reimbursement (508) will be accomplished upon completion of construction and proper billing by the D.O.T. At such time that project plans are completed, an addendum will be submitted to the City. 3000 -3- 6. The D.O.T. will develop and construct the Projects, as described, in accordance with said project plans and bear all costs incident thereto except those costs for which the City is made specifically liable for hereunder. 7. Project construction as described in sections 2-5 herein must be staged to insure safe traffic flow and proper access between various parts of the City during the construction period. The following staging is proposed for construction of this project: a) In the 1981 construction season, Iowa 1 will be reconstructed from its junction with proposed Freeway 518 south of the City extending northerly and easterly into the City to the west edge of the Primary Highway No.'s 1, 6 and 218 intersection. b) All other items listed in sections 2-5 herein shall be constructed in the 1982 construction season and will be completed and open to traffic prior to September 15, 1982. JIi6�`XXX`T�',iYwX j4SkX'j',���XX�.IYX k�fid(�:fXD'c14X�3�XX�(�Y.Ya�'X9(6(#`�AUKXti1 X $X�(�MXX�XX7(� �1i�XX��S�XYd(i{X�X 8. The City further agrees, upon completion of the project, that no changes in the physical features thereof will be undertaken or permitted without the prior written con- sent of the D.O.T. 9. The City agrees that the D.O.T. may temporarily close to traffic across the project all streets or alleys which intersect the project after notice to the City. 10. The D.O.T. will install adequate traffic control devices at the streets and alleys temporarily closed during the project. 11. The D.O.T. will stage this project to provide for through traffic during the construction period. Should traffic volumes become too high at the south junction of Iowa 1, U.S. 6 and U.S. 218, the D.O.T. will use Gilbert and Benton Streets as a U.S. 6 detour during construction of the south junction of Iowa 1, U.S. 6 and U.S. 218. The D.O.T. will be responsible for the detour signing and maintenance, all at no cost to the City. .34/ -4- 12, Responsibilities for construction, maintenance, signing, sidewalks and utilities shall be in accord with Section 820.06, Chapter 1, Article P, of the Iowa Adminis- trative Code. The D.O.T. will at no cost to the City construct all replacement sidewalk affected by this project. The City will be responsible for relocating any City owned utilities which are affected by this project, all at no cost to the D.O.T. All other utility relo- cations (privately owned) have been provided for by utility agreements and waivers of statutory notice which have been executed through the D.O.T. 134 A separate contract will be let at a later date for construction of traffic signals within this project area. A traffic signal agreement will be submitted to the City prior to the letting. The D.O.T. will be responsible for traffic signal construction at no cost to the City. Upon completion of construction, the City shall thereafter be responsible for all future energy and maintenance costs associated with said signals, all at no cost to the D.O.T. 14. Any costs incurred by the City in performing its obligations hereunder shall be borne exclusively by the City, without reimbursement by the D.O.T. 15. If a hearing is necessary for the permanent closure of Ashley Drive at its intersection with Iowa Primary Highway No. 1, the City will conduct same in accordance with Section 306.11 of the Code of Iowa, all at no expense or obligation to the D.O.T. The D.O.T. will participate in the hearing. 16. The following tabulation reflects those storm sewer related items which carry only city water and do not qualify for cost sharing. The total cost of these items is estimated at approximately $22,623 and will be borne entirely by the City. Estimated Quantities 58 L.F. 72" 1500D storm sewer (line 17A) 58 L.F. 30" 1500D storm sewer (line 17D) 12 L.F. 24" 1500D storm sewer (line 18) 26 L.F. 15" 2000D storm sewer (line 47) 300 L.F. 15" 1500D storm sewer (line 48) (1) RA19 Intake (No. 16) (1) Special Manhole (No. 15A) (1) 72" Concrete Apron (line 17A) (1) 30" Concrete Apron (line 17D) Estimated Total 22,623 3442 -5- 17. It is agreed that the City will reimburse the D.O.T. for 87% of the actual cost for longitudinal and outlet storm sewer, as shown below. The total cost of the longitudinal and outlet storm sewer installation is estimated to be $306,947 ($39,903 D.O.T. and $267,044 City). Below is a list of the estimated quantities for the said storm sewer. Estimated Quantities 20 L.F. 30" 2000D storm sewer (line 6) 49 L.F. 30" 2000D storm sewer (line 7) 20 L.F. 30" 2000D storm sewer (line 8) 8 L.F. 18" 1500D storm sewer (line 10) 66 L.F. 36" 2000D storm sewer (line 11) 8 L.F. 18" 1500D storm sewer (line 12) 74 L.F. 24" 2000D storm sewer (line 13) 28 L.F. 36" 1500D storm sewer (line 14) 17 L.F. 36" 1500D storm sewer (line 16) 375 L.F. 72" 1500D storm sewer (line 17) 166 L.F. 72" 1500D storm sewer (line 17B) 303 L.F. 72" 1500D storm sewer (line 20) 32 L.F. 72" 1500D storm sewer (line 21) 100 L.F. 72" 1500D storm sewer (line 22) 27 L.F. 24" 1500D storm sewer (line 23) 26 L.F. 15" 2000D storm sewer (line 25) 44 L.F. 15" 1500D storm sewer (line 26) 617 L.F. 72" 1500D storm sewer (line 27) 21 L.F. 15" 1500D storm sewer (line 30) 45 L.F. 18" 1500D storm sewer (line 33) 209 L.F. 15" 1500D storm sewer (line 39) 204 L.F. 18" 1500D storm sewer (line 42) (6) Special Manholes (No.'s 15, 18, 19, 20, 23, 32) (2) 15" on 72" tees (line 27) (1) 18" on 72" tee (line 42) (1) 24" on 72" tee (line 17B) Estimated Total 306,9 7 87% City 267,044 Upon completion of project construction and proper billing by the D.O.T., the City will reimburse the D.O.T. for approximately $289,667 which represents the total estimated storm sewer construction costs attributable to the City in section No.'s 17 and 18 of this Agreement ($22,623 + $267,044) 343 18. The D.O.T. will rip rap the south U.S. 6 ditch located east of U.S. 218 with P.C. Concrete commencing at the proposed outlet of line No. 34 (72" storm sewer) extending easterly to the Iowa River. Should the City desire to extend the 72" storm sewer (line No. 34) in this area, they shall assume 100 percent of the actual cost associated therewith. 19. The City in accordance with Section 306.4(3), Code of Iowa and Section 820.06(1.20), Chapter 1, Article P, of the Iowa Administrative Code, shall discontinue and prohibit any use of project right of way for business purposes. The City shall prevent any future encroachment or obstruction within the limits of project right of way. 20. The City agrees to permit the removal of any trees within the limits of the established street that will interfere with the construction of the project. 21. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and on the exit sides of the minor streets for a distance of 35 £t. beyond the far crosswalks. Parking shall be prohibited on the project. 22. Subject to the approval of, and without expense to the D.O.T., the City agrees to perform (or cause to be performed by sending proper notification), all relo- cations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, as well as any other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the Project, all in accordance with the Utility Accommodation Policy of the D.O.T. 23. It is agreed that no new or future utility occupancy of Project right of way, nor any future relocations of or alterations to existing utilities within such limits, shall be permitted or undertaken by the City without the prior written consent of the D.O.T. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the D.O.T. 24. All storm sewers constructed by the D.O.T. as a part of said Project shall become the property of the City, which shall be responsible for their maintenance and operations. The City shall not make any connections to said storm sewers without the prior notification of the D.O.T. The City shalltakeall appropriate' measures 3 Gr -7- 25, The City shall be responsible for providing without cost to the D.O.T. all right of way which involves; (a) dedicated streets or alleys, and (b) other City -owned lands, except park lands, subject to the condition that the D.O.T. shall reimburse the - City for the value of improvements situated on such other City -owned lands, if any. The City has apprised itself of the value of these lands and, as a portion of their participation in the project, voluntarily agree to make such lands available without further compensation. The D.O.T. shall be responsible for acquisition of all other right of way. 2F. Right of way acquisition for this project is covered by Agreement 78-1-190 which was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. 27. The CITY, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that; (1) no person on the ground of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be other- wise subject to discrimination in the use of said facilities, (2) that in the construction of any improve- ments on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national origin shall be excluded from partici- pation in, denied the benefits of or otherwise be subjected to discrimination, (3) that the City shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 Nondiscrimi- nation 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. 28. 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. 29. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. 3GS County Johnson Project No. F-1-5(9)--20-52 F-1-5(4)--20-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 81-3-032 as of the date shown opposite it's signature below. Title: I, Abbie Stolfus 19 certify that I am the Clerk of the CITY, and that John R. Balmer , Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 81-129 adopted by the CITY, on the 2nd day of 19 81 duly passed and June Signed a zz-�I City Clerk of Iowa ity Iowa June , 1981 IOWA DEPARTMENT OF TRANSPORTATION BY: 19 / Right o Way Director Date Highway Division ATTEST: 3G� LETTER OF INTENT WHEREAS, the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division, and the City of Iowa City in Johnson County, Iowa (hereafter City) have entered into an Agreement for reconstruction of Iowa Primary Highway No. 1 within the City of Iowa City; and WHEREAS, the City and the D.O.T. wish to clarify the intent of the parties for claims asserted based on damage incurred to property owners for loss of access and/or change of grade, so as to avoid confusion and ambiguity regarding future claims. NOW THEREFORE let it be the intent of the parties, as follows: 1. Pursuant to its right-of-way acquisition for said improvement of Iowa Highway Primary No. 1 within the City limits, the D.O.T. has acquired and/or condemned all necessary rights requisite for said Improvements, including loss of access and/or change of grade along Highway No. 1 from its intersection with the City's south corporation line near Sunset Street (Station 124+18) extending northerly and easterly through the south junction of Iowa Primary Highway No. 1 and U.S. Primary Highway No.'s 6 and 218 to a point located approximately 420 feet southeast of said junction on U.S. 6 (at Station 1187+00) and from approximately 1146 feet south (on U.S. 218 at Station 491+36.50) to approximately 667 feet north (on combined Iowa 1, U.S. 6 and U.S. 218 at Station 509+50) of said junction respectively. 367 The D.O.T. accepts full responsibility for any and all claims asserted by reason of loss of access and/or change of grade along Highway 1, as described herein. 2. The City accepts full responsibility for any and all claims asserted by reason of loss of access and/or change of grade as a result of the closure of the easterly extension of Ashley Drive at its junction with Highway 1, together with claims by reason of the subsequent cul de sac construction at the easterly extension of Ashley Drive. The City agrees to said claims by reason of Ashley Drive's status as part of the City's municipal street system, as described in said Agreement executed for the reconstruction of Iowa Primary Highway No. 1, as set forth in paragraph 2 of said Agreement No. 81-3-032. IN WITNESS WHEREOF, each of the parties hereto has executed the within Letter of Intent, as of the date shown opposite the parties' signature below. CITY OF IOWA CITY _46hn Balmer, Mayor ATTEST: ! / i ,Tune 2 1981 City Clerk 3441 I, Abbie Stolfus , certify that I am the Clerk of the City of Iowa City, and that John Balmer, Mayor, has signed said Letter of Intent for and on behalf of the City as duly authorized by Resolution No81-129, duly passed and adopted by the City of Iowa City, on the 2nd day of June , 1981, which said Resolution also included authorization for execution of Agreement No. 81-3-032. 26 -� City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION BY: 'z"4"L Right -of -Way Director, Highway Division ATTEST: 7C� C ci` <�'c C�� t v�P�, 1981 Re�celvedd L Approved ��"° el pepartmer,t t:�6 S RESOLUTION NO. 81-130 RESOLUTION AWARDING CONTRACT AND AUTHORIZIl. .,AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE DECK REPLACEMENT WHEREAS, McComas-Lacina Construction Co., Inc. of Iowa City, Iowa has submitted the best bid 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. , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Vevera and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 2nd day of June , 19 81 MAYOR ATTEST: ' = CITY CLERK deceived & APProved idAThe 9aSepartm'-n9 3 7d , i+un.o;ot ,9_TII U.'.. D PAR TMENT V NUUS:NG A,tu URBAN UEVFI OPMENT RESOLUTION NO. 81-131 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT AND GENERAL DEPOSITARY AGREEMENT AND ISSUANCE OF PROJECT LOAN AND PERMANENT NOTES WHEREAS the IOWA CITY FIOUSING AUTHORITY (herein called the"Loc'al Aup••,rity"I propose (1) In enter inl� :in Annual 1"onl6l,nlions Contract (herein called the "Contract") with the Unilevl ::Imp . "f Americi. (herein called the "Goceurment",: (2) to enter into an agreement (herein called the "General Depo.itary Agreement") with one or more banks, each of which is a member of the Federal Deposit Insurance Corporation; and (3) to authorize the issuance of its notes as evidence of advances to be made to the Local Authori,y pursuant to the Contract; all with respect to any "Project" as defined in the Contract and which at any time now or hereafter is incorporated under the terms of such Contract. NOW, THEREFORE, BE 11' RESOLVED by the Local Authority as follows: Section 1. The Contract, numbered Contract No._ -KL79.1.32—_ .... is hereby approved and accepted both as to form and substance and till. __ _ MAYOR_ _ is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the Local Authority, and the CITY CLERK is hereby authorized and directed In impress and attest the official seal of the local Authority on each such counterpart and to forward three executed counterparts thereof 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. The General Depositary Agreement, so ,stanlially in the form of Form No. HUD -51999A, I.% hereby approved and accepted both as to form and substance and is incnrp,•rated herein by reference and made a part hereof. The _MAYOR___ _ is hereby nrrthorized and directed to execute said Agreema of in quintuplicate on behalf of the Local Authority, and the _ " CITY CLERK is herby authorized and directed to impress and attest the official seal of the Local Authority on &;,,-h such eountorpart and to forward three executed counterparts thereof to ill,- Government together with such other documents evidencing the approval and authorizing the execution ther^of ars may be required by the Government. Srclion 3. The _ _. D.IRECTOR_OF FINANCE _ is hereby authorin'd to file with the Government from time to time. as monies are required, requisilious t ))tether with the nece•<sary supporting documents requesting advances to be made on account ill the 1•,an puwidel in the Contra, I. and the proper officers of the Local Authority shall prepare, execute and deliver to the Gor,rnmenl Notes hereinafter authorized and shall accept payment therefor from the Government in cash rind, or exchange for other Notes of the Local Authority, and such persons arc authorised to do and Uerfuam all other things and acts required to be done or performed in order to obtain such advances. Cash ptoceeds from the sale of all Notes shall be deposited and disbursed only in accordance with the provisions of the Con;ract. Section 4. (A) In order to provide monies :n finance the Develupm.'nt Cost of each Project and to refund, renew, extend or substitute for any Project Loan Notes (in filo Contract called "Advance Notes") or Permanent Notes by this Resolution authorized to he issued (or ary such Notes by any other resolution authorized to be issued and whach aree`oulclandfhg, on •m deposit fordelivery pending payment therefor. asof the date this Resolution becomes effective), or for any Project Votes (in the Contract called "Temporary Notes'D issued by the Local Authority in anticipaliau of the delivvry of Pr)jecl Loan or Permanent Notes, there are hereby author- ized to be issued, from time to time. Project Loam! and Purmanent Notes of the Local.Authority in an aggregate principal amount uulstan ling .d :ray .n,e time i hother authorized by this Resolution or any other resolution authorizing the issuance of Project Loan or Permanent Notes) equal to the Maximum Development Cost (or the Actual Development Cosi if such amount has then been determined) of each Project, less the sum of (1) the principal amount of Bonds issued to finance such Development Cost and (2) the principal amount of Project Loan, Permanent, or Project Notes issued to finance such Development Cost :nd which has then been retired from funds other than the proceeds of any Iran obtained by the Local Authority. (B) Each such Note si,;ll bear intciest and be p;tyable in tine form and manner prescribed by the Contract and this Resolution; sh;ll he signed in the name of the Local Authority by the MAYQR .." _ _ shall have the official s( al of file Local Authority impressed therenn anti ;),tested by the CITY- CLEW ----- Each Projw-f Loan Note shall he in substantially the !nam of Form Nr,. lath) -9204 and each Permanent Note shall be in substimti;lly the form of Form No IIUD-5225u, (-:wh of which form:: i, incorporated herein by reference and made a part hereof. Project Loam Nofes and Perm;un9n1 n,ivs shall be issued to finance the Development Cost of Nun -Permanently Financtsl I'rnjer-ts and I'ermanau,t Financed Projects, ,espec•tively W) Each Note issu,sl Will, r•specl t )any ]'reject shall be a direct and general obligation of the Lucid Authority. the full faith and credit 4 whirl: i_: hereby pledged for the puneival payment of the principal of and interest on such Notes. and, lopuilitr with all other Notes issued pursuant to this Resolution, shall be additionally secured by (1) it first pledge of the annual contributions payable to the Local Authority and authorized to be pledged to such payment pursuant to the Contract and (2) by a pledge of and lien on the Residual Receipts of such Project after providing for the payment of Bonds issued in respect to such Project. (D) As additional security for the equal and ratable payment of the principal of and interest on each Note issued with respect to any Project, together with each other Note issued with respect to such Project, the Local Authority, In the fullest extent permitted by the Laws of the State, hereby pledges, mortgages, conveys and grants unto the Government all property described in the Contract runstituting such Project, including that certain "•al property relating to each such Project and mxe particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract: Provided, P, e,.,ou. ,•dale,. . -F •, Ic 3 71 That in respect to Permanently Financed Projects :the lien of such pledge and mortgage and rights granted and conveyed pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge of Residual Receipts securing the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Resolution and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided. Section 5. Whenever the following terms, or any of them, are used in this Resolutim, 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 Contract shall have the respective meanings ascribed thereto in the Contract. Section 6. All resolutions or parts of resolutions heretofore adopted bythe Local Authority which authorize the issuance and/or delivery of Advance, Project Loan or Permanent Notes pursuant to the Contract are hereby repealed: Provided, however, That such repeal shall in no way affect the validity of Advance, Project Loan or Permanent Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the dale this Resolution becomes effective: Provided further, That the Project Loan Notes authorized by this Resolution shall be exchanged for any Advance Notes heretofore issued pursuant to any previous resolution. Section 7. This Resolution shall lake effect immediately. IT WAS MOVED BY Neuhaus -Sr -AND SECONDED BY Perret WAS READ AND ADOPTED, AND UPON ROLL CALL THERE WERE: AYES: NAYS: ABSENT: X BALMER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA PASSED AND APPROVED THIS 2nd DAY OF June , 1981. ATTEST THAT THE RESOLUTION CITY CLERK HUD -9201 (9-74) Reeeived & Approved Ey The Legal Department GPO 663. 66i .3 7" EXTRACT FROM MINU'T'ES OF MEETING EXTRACT FROM THE MIN= OF A regular MEETING OF THE City Council OF THE City of Iowa City HELD ON THE 2nd DAY OF June , 19 81 HUD -9012 (11-68) The City Council of the City of Iowa City met in a regular meeting at the Civic Center in the City of Iowa City , Iowa , at the plece, hour, d date duly established for the holding of such meeting. The Mayor called the meeting to order and on roll cell the flowing answered present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. d the following were absent: None a The Mayor declared a quorum present. 33W 8 -P 37.3 I, Abbie Stolfus and acting City Clerk HUD -901 ( 06181) CERTIFICATE OF RECORDING OFFICER , the duly appointed, qualified of Iowa City do hereby certify that the attached extract from the minutes of the June 2nd, 1981 meeting of the City Council of the City of Iowa City , held on June 2nd, 1981 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 TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City this 2nd day of June , 19 81 (SEAL) a 37j� HUD -9014 pt-ce) vTlh" wing resolution was introduced by the Mayor ; read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Perret , and upon roll call the "Ayes" and 11Nays11 were as follows: .AYES NAYS Roberts, Balmer, Erdahl, Lynch, Neuhauser, Perret Vevera The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly male and seconded, the meeting was adjourned. a GPO 692-442 � US GOv CPYu IP1 PP1411M1G CFIICC I922 -169.21V,13 � r GENERAL CERTIFICATE I, Abbie Stolfus, 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, 1 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 the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized 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: NAME & OFFICE (s) John Balmer Mayor Councilman Glenn E. Roberts Mayor Pro tem Councilman Clemens Erdahl Councilman Lawrence Lynch Councilman Mary C. Neuhauser Councilwoman David Perret Councilman Robert A. Vevera Councilman Neal Berlin City Manager John Hayek City Attorney Abbie Stolfus City Clerk DATE OF ELECTION OR APPOINTMENT 1/2/80 11/6/79 1/2/80 11/8/77 11/8/77 11/6/79 11/6/79 11/6/79 11/8/77 1/14/75 10/2/73 9/1/70 DATE OF COM- MENCEMENT OF TERM OF OFFICE 1/2/80 1/2/80 1/2/80 1/2/78 1/2/78 1/2/80 1/2/80 1/2/80 1/2/78 1/14/75 1/2/80 1/2/80 DATE OF EXPIRA- TION OF TERM OF OFFICE 1/2/82 1/2/84 1/2/82 1/2/82 1/2/82 1/2/84 1/2/84 1/2/84 1/2/82 Indefinite 1/2/82 1/2/82 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 ac't in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his 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 holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. 3 716 Ger---1 Certificate 8. Since October 7, 1980, 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 measures, 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 2nd day June 19 81 ' ABBIE STOLFUS CITY CLERK 371 PROJECT LOAN NOTE HUD -9204 (11.69) IOWA CITY HOUSING AUTHORITY (herein called the "Local Authority") for value received promises to pay upon demand to the United States of America (herein called the "Government") or order an amount, with interest thereon to the date of payment, equal to the aggregate amount of ad. vances made to the Local Authority by the Government pursuant to the Annual Contributions Contract (herein coiled the "Contract") between the Local Authority and the Government with respect to the low -rent housing Project as hereinafter set forth. The Contract, Project, and maximum aggregate amount of advances are as follows: Contract No. and Date- NKC —9132 Project No.: IA 22-3 Maximum Aggregate Amount of Advances: $ 1,701,379. This Note is issued to aid in financing the above -designated Project pursuant to the constitution and statutes of the govern- mental entity specified below and herein called the "State", and pursuant to the provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the date, as follows: STATE RESOLUTION ADOPTED IOWA JUNE 2, 1981 Interest hereon shall accrue at the interest rate applicable to the Project as provided in the Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each payment on account of this Note shall be applied to interest then accrued and the remainder to principal. Each ad- vance, repayment, and interest payment on this Note shall be duly recorded by the Government, by date, amount and type, upon the "Statement of Advances and Repayments" which ismade a part of this Note whether appearing on the reverse hereof or attached hereto. Both principal of and interest on this Note are payable at the office of the Secretary of Housing and Urban Development in the City of Washington, D.C., in lawful money of the United States of America, but the Local Authority may issue and deliver to the Government its Permanent Note (as defined in the Contract) in payment of all or any portion of the indebtedness hereunder as may be agreed upon by such parties. The full faith and credit of the Local Authority is hereby pledged for the payment of the principal of and interest on this Note. This Note, together with all other notes issued pursuant to the Resolution with respect to the above -designated Project, is additionally secured by (1) a first pledge of a specific portion of the annual contributions payable to the Local Authority and author- ized to be pledged to the payment of such Notes and the interest thereon, pursuant to the Contract and (2) a first pledge of and lien on the Residual Receipts (as defined in the Contract) of such Project. As additional security for the equal and ratable payment of the principal of and interest on this Note, together with all other notes issued pursuant to the Resolution with respect to the above -designated Project, the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledges, mortgages, conveys and grants, and by this Note and the Resolution has pledged, mortgaged, conveyed and granted unto the Government, its interest in all the real and tangible personal property wheresoever situ- ated which it has acquired or may hereafter acquire in connection with or relating to the above -designated Project, including that certain real property relating to said Project and more particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the princi. pal of and interest onthis Note from other funds of the Local Authority asherein provided. The pledges and other obligations of the Local Authority under this Note shall be discharged upon payment of the entire in- debtedness hereunder. The Local Authority, for itself and its successors and assigns, hereby waives presentment, demand for payment, protest and notice of dishonor, and hereby consents that theholder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affecting the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any person executing this Note by reason of the execution or issuance hereof. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by the constitution and statutes of the State to exist, happen or be performed, precedent to and in the issuance of this Note, do exist, have happened and have been performed in due time, form and manner as required by law. This Note shall not be a debt of any city, county, State or political subdivision thereof or any municipality and neither any city, county, Stateor political subdivision thereof or any munici- pality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note shall not constitute an indebtedness within themeoning of any constitutional or statutory public debt limita- tion or restriction. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers thereunto duly authorized, ono Note to be dated the 2ND day of JUNE , 19 81 . ` D / / .9 (SEAL) MAYOR ATTEST r CITY CLERK Received Et Approved By The Legal Department ci -Y.P mr)-`;2250 , i.,y 1966 (Formerly PHA -22!;0) PERMANENT NOTE No IOWA CITY HOUSING AUTHORITY, (herein called thq "Local Authority") for value received promises to pay on or before tl:e maturity datt. of this Note to the United States of America (herein called the "Government") or order an amount, with interest thereon to the date of payment, equal to the aggregate amount of advances made to the Local Authority by the Government pur- suant to the Annual Contributions Contract (herein called the "Contract") between the Local Authority and the Government with respect to the low -rent housing Projects as hereinafter set forth. The Contract, Projects, and maximum aggregate amount of advances, are as follows: i:ontract Date: Projects Numbered: IA 22-3 Maximum Aggregate Amount of Advances: $ 1,701,379. This Note is issued to aid in financing the above -designated Projects pursuant to the Constitution and statutes of the governmental entity specified below and herein called the "State", and pursuant to the provisions of a resolution (herein called the "Reso:ution") duly adopted by the, Local Authority on the date, Rs follows: State Resolution Adopted IOWA JUNE 2, 1981 Interest hereon shall accrue at the interest rate applicable to the Projects as provided in the Annual Contributions Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of rofayments of principal made on this Note. Each advance, repayment, and interest pay- ment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the "Statement of Advances and Repayments on account of Note" attached to and made a part of this Note. ThL, Note shall be payable in annual installments on the first day of the month next following the Annual Contribution Date (as defined in the Contract) applicable to the Projects and in any event the .final balance of this Note shall become due and Payable on the first day of the month next following the last Annual Contribution Date applicable to the Projects. Each payment on account of this Note shall be applied to interest then accrued and the remainder to principal, and the Local Author- ity shall, on each payment date, apply all available funds hereinafter pledged as security for this Note and interest hereon to such payment. Both principal of and Interest on this Note are payable at the office of the Fiscal Agent (as designated pursuant to the Contract), or at the option of the holder, at the office of the Sec- retary of Housing and Urban Development in the City of Washington, D. C., in lawful money of the United States of America, unless exchanged as hereinafter provided. This Note shall not be a debt of any city, county, State or political subdivision thereof or any municipality and neither any city, county, State or political subdivi- sion thereof or any municipality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note anal] not constitute an indebtedness within the meaning of any constitutional or statutory public debt limitation or restriction. The full faith and credit of the Local Authority are hereby pledged for the pay- ment. of the principal of and interest on this Note. This Note, together with all other notes issued pursuant to the Resolution with re:,p,;t to the above -designated Projects, is additionally secured by (1) a first pledge of a 9p•ci;'ic portion of the annual contributions payable to the Local Authority and author173d to be pledged to the payment of such Notes and the interest thereon, pureu- ant to !.he Atmual Contributions Contract and (2) by a pledge of and lien on the resid- ,:al He eipts (as defined in the Contract) of Permanently Financed Projects (as defined - 1 - p-52250 July 1966 (Formerly PFA -2250) in the Contract) after providing for the payment of the Bonds (as defined in the Con- tract) issued in connection with such Permanently Financed Projects. The pledge and other obligations of the Local Authority under this Note shall be discharged at or prior to the maturity of this Note upon payment of the entire indebtedness. As additional security for the equal and ratable payment of the principal of and interest on this Note, together with all other notes issued pursuant to the Reaolut:on with respect to the above -designated Projects, the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledgee, mortgagee, conveys and grants, and by this Note and the Resolution has pledged, mortgaged, conveyed and granted unto the Government all the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the above -designated Projects, including that certain real property relating to said Projects and more particularly described in the trust inatrunent or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contractt Pro- vided, That the lien of such pledge and mortgage and the rights granted and conveye3— pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge of Residual Receipts securing'the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions (as defined in the Contract). If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated,under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on this Note from other funds of the Local Authority as herein provided. In the event (a) there is any default in the payment of any installment of this Note, or (b) the Local Authority is in Substantial Default or Substantial Breach (as such terms are defined in the Contract) under the Contract, or (c) the Contract is ter- minated, then the holder of this Note at his election may, by written notice to the Local Authority, declare the unpaid balance of principal and interest of this Note imme- diately due and payable. Failure of such holder to declare this Note due and payable upon occurrence of any of the events as aforesaid shall not constitute a waiver of such right in the event of any subsequent occurrence of any ouch event. This Note may be exchanged at any time after the issuance of the Actual Developmant Cost Certificate (as defined in the Contract) with respect to the above -designated Proj- ects, upon demand by and without charge to the holder hereof for a note or notes of the Local Authority in the aggregate principal amount equal to the then unpaid indebtedness hereunder which note or notes shall be payable serially or in installments, as the holder may specify, equal to the specific portion of the annual contributions payable to the Local Authority and authorized to be pledged to the payment of this Note. The Local Authority, for itself and its successors and assigns, hereby waives pre- sentment, demand for payment, protest and notice of dishonor, and hereby consents that the holder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affect- ing the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to at>,y member of the Local Authority or to any person executing this Note by reason of the execution or ieeu- ance hereof. It is hereby certified, roeited and declared that this Note has been issued by the Local Authority to aid in the financing of a housing project to provide dwelling accommo- dations for persons of low income, and that all acts, conditions and things required by the Constitution and statutes of the State to exist, happen or be performed, precedent to and in the issuance of this Note, have happened and have been performed in due time, form and manner as required by law. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers there- unto duly authorized, and this Note to be dated the 2ND day of JUNE 2 19 81• (SEAL) AYOR J ATTEST: Recetvad & Approved �~� I N S GOVERNMENT PRIMoNbe 1 CITY CLERK Le$eto:6lBpartrnetiP Data -,TATKMENT OF ADVANCES AND REPAYMEUTS ON ACCOUNT OF NOTE Advance b9 HUD Repayments by Local Authority Interest 7 Principal Balance of Entry Principal I Mede by q R, 9 � f T r, _ -72 LOW -F ;2 = i,IC FC) -US : PROJ7CT NO.: IA 22-3 cOE�so?.Irl:. C"MMACT i:C.: KC -9132 PIRT C THIS AG== , entered into as of the day of (herein called the 'Date of This 19 Contract"), by and between-_ the J`II;� 54z�Sf' AI-ERICi. (herein called the "Governmer_t" ), purs.a71t to the United States F.ousi_.- _ of 193; 22-U.S.C. 1 et - - - X01, _ se ., wri ch Act as a`ended to the Date of This Cc -- -_ is herein- called 'he "ACt") an1 t::e Depar'..ent Of Fou in and Urban Deveiozm —ct - (5 II•S•C• 524 an --d City of Iowa City, Iowa - (here ^_ palled the :'Local Aut1 Grity") _ and exisiin; t which is a body coraorate and ?ol-,,tr - un -der e laws of.ihe —__.. State of Iowa (herein called the "Stake") and a aeencv" as defined in the Act, kITj�-SSE H- r 171 CO_^.: 1dCT2ti On O1 the mut all ccveiiai;ts hereinafter set forth, the O art'es _ he_eto do a,6r:ee, as follows: Sec. 1. Project. Co'eratiGn Asreement, and Maxim= Limitatio-s (L) The Local Authority is u.derta-1 no the develop ent or acquisition and _Ct^.e^atiC" of 10 it -rent hOu3�.o as def=.cd in t h.7 Act, as fol,, w:.: Project ;;o. Estimated Iiumber ofEstimated Total T_ -_-- lL 1T_C Dwellins units Develoucant Cost CG= - 'IA 22-3 32. 1,701,379 5170,138 (B) 4/ith resect to such low-_ert housir. in cen�'__ _ce w.ith Sec. 10(a), Sec. 10(11), and Sec. 15(7)(b) of the Act the Local Author`_ Gove+.re..t a',,.as entered in Lo, =-o ==- '.' -,.`._ o aLp_rOve�, an a=•eemlent O_ ^nr..-on,-+� ,.. t..�,. . r _ • u F-- -__ with of the locality or localities ir_which such housirG is cr',:: • as 11 be situated, Project No. Governir_m Podv of: Datr, oft :fee -en,. IA 22-3 Iowa City, Iowa April 4, 1978 Such 2,-re=_ment or ag •eocents collectivel,., are herein. Calle_ _?:e "Cooperation ?irea-:mt." (C) The Local �uthor].tT shawl ,1T0 Gvea q'1 to ',no t:L-�- e r _ — Frn j i - • ... _ - - d_v elerzeni, o` the 2C �' •_u.: L_i LEC +r �tUL; Sec. 1 in-• O• -c { �.. _ va.-1Gus �':^�e9 Of. do ..,.� � '-__ L. _. L:1 ..... C' £Gr t::.^, CL::af••____ ..: ...LOI`tt -.:, ...2'C hn^ _ - + - trl :. C.ittcd t L by :..he l'•^:a: _en-- _.- o t Local- luzlhorii,y b;; letter. (y) 1.1 the LC•C;11 All!1:O Ti tf 11 fall to _^:•CSe•.'.G :i- �'Ca �'1y' tl:n t1Cin•. of any 7'roj67t a,S (:�) of devclops.cnt, OC:ibCd iri SL L -<.C. r,•, PLJcecd t:` .. CG lor. (C) of L' .1D 1, __rrojCCt, .- 1 —. J Pale 2 53)71CC, 1-72 Cover:=cnt `:as notified the Local ',u:ho._ty of cuc: fai'_uro, the Local :,u:.`.ora` suspend the-develotmcnt of the Prc.ject and -.1^11 lice whatever action is nececsarr to concer-.,e r..onios and acscts and to sto-) ove=ncad ^.sec and loco, --s with mires. to such Project. Upon the cf the i'.a_. Cone,._ ..,tion Cont_..ct (a., d_-fi...d _.. Crc. 107• for any Project co_pricin.,- a nt-.bor of units lees than the number of units spacined for such Project in -subsection (A) cf this Sec. 1, the Local Authority -hall ==end the develornent of the remainin,3 numcer of units and shall take whatever action is _Ccesca=; to conserve conies and assets and to stop_ overhead expenses and losses with recrect t-- 'he cthe remaining number of unit3 unless (1) a Development ProE;_am for the remair_irg nu=`er of the units has been sutnitted by the Local Authority and approved by the Gove=•r=ent and (2) this Contract has been amended to (a) specify the reduced number of _nits a.- DeveioDme-^.t Cost of Such Project, and. (b) identify the remairLng number of units by sepzrate project number and specify the Development Cost therefor. Any monies in the General bond for the development of a Project, suspended in whole or part, is excess of the conics needed therefor under the aforesaid limitations shall be promptly applied to the payment of any Advance or Temporary Notes outstanding in connection with -such rroJec (E) -The GGve=m_,nt shall not be obligated to mz=e any further advances (except such advances which the G•ove_^=ent deteraines to ma' -_e to the Local Authori �r for its payment Of apprOvable obligations L-icL_�ed prior to the notice by the Gove^•=ent to Local Authority or award of the Fain Construction Contract referrad to in subsection (-j,) above) or any annual contributions in respect to any suspended low -rent ho sing unless and until the Local Authority demonstrates to the satisfaction of the Govern=enZ t^at it is willing and able to proceed expcditiously with the development of such s:stendsd lc:. - rent housing and the Government, in its sole discretion; dot amines at that t<i—e tr.at it shall render financial assistance to the Local authority wit. respect to su:,h ho"sia� (F) The amount of the advances made, by the Government or zccourt of the' loan for any sucancied.low-rent housing together with intarest thereon at tae appli0 .B ., t Interest Rata to the date of repayment, shall be paid from any funds of the Local Authority available therefor, including the an=nual payment of all receipts in excess of expenditures necessarf'for management, operation, maintenance, and reaso.Zble reserves in connection ::ith each low -rent horsi.no rrojec: (u der tU4 c^ -ac. cr �; =hsr contract between the Local Authority and the Government under authority of the Act) presently or hereafter developed or operated with the fin- —c-2. 1. assistance of the Government or conveyed to the Local Authority by the Dover:=ent, after (1) the payment of all obligations in c..,_.ection with such project for which annual contributions are pledged or (2) the Administration Period for such project, as the case may be. - (G) The provisions of Srbsection (D) and (F) of this Sec. 1 shall not be in lieu of any rights or remedies which may accrue to the Gove-=eat by law or under t�.ii.s Contract but shall be in addition to all such rights and remedies. E ) The ";tininun Loan Interest 'Rate" shall be 6 5/8 VI -f ,o per az i o The '74aximum Contribution Percentage" shall be 7.177 �b per annr,. (I) The making of this Contract and the u:dertakin_- cf the loan and an-.jz1 contributions as herein provided, were approved on List NO. xC-81-189 (J) Each project idcnt Mll ed in this Sc_. 1 is here -*- called a "Projact" ar:cl, if more than one Project is so identified, are hereir. collect --"rely called the "r =Jetts." Sec. 2. Development Pro.. -ram The Local t-.ithcrity shall de-relep each Project beim; cr to be develops--'- and shall operate all nr'^jests covered by ibis Czntract in CO_pl..__CS -.:nth all pi'ovisi> c£ Contract ._ a. t.._ I.ct. all by g=erm pun ua::: thc_ =.o, applicable nrovisions of -s::.te and local law. 2.a. The Local Au'..hority will :.couirc 1'roJc•ct 2;0. IA 22-3 purse _:t to a Contract of Salo to t3 entercd into bet::e�;n 'he Scllor _:d the Local 3F® -, 0 1 1•�-C�JIOB e I•a-c 3 Novc=--r 53310c, 1-72 Prior to the•executicn of Bach Contract of Sale,the Intal l:uthority may enterto a Preliminary Contract of Sale with the Seller to enter -:Ito t- - suOh Contract. Such rre- lir_ira:y Contra. -..d such Contract shall bear :he ..--•'t _ -~V -- ten approval of the Co:=_^ _.at. Failure of the local Authority to expeditiously ccrtinuL the undertav'n_ of t.e Project or to comply with the P ell iza^f Contract or Ccntrect, or if the Preli^_ray ^Ccr_trset or Contract is held to be void, voidable or ultra vires, or if the power cr right of the Local Authority to enter i_nto the Preliminary Contract of Sale or the Contract of Sale is drawn into euestion in any lei 1 proceedi.,i, Or if the Local Authority accertc or claims that the ?reliminzzy Contract or Contrast is not bind= - upon the Local Authority for any such reason, the cccti-_ence of any such event, i•- the eller is not default, shall constitute a Substantial _afailt for the n purpose o_r .Lr,.icle V hereof and, in such case, the Gove_m=ent will continue the undertaking of the.Proje-.,t ani will lanae delivery of such right, title or interest in the ?rOject as the Local Aut:.orit�r ca}• have and perform such Prel _inzrf Contract Of Sale or Contract of Sale, as the case be The provisions of this pa_a-rap a �� ",' are made with, and for the benefit of, the Seller ana .his assiEnees who will have been specifically approved by the Government prier to such a$si�;nzent. To enforce the Deriormance of this Drov'sion, the Seller and suc:^. Z$S'S.159Si 2s well as the Local AuU-horitY, shall have the riEllL to proceed a5clnst. the Gover:�en` r action at law or suit in eeuity. In Oder to assist Ln i-inancin.- the acOU sit on cost -Y (herein called "Development Cost") of the Project, the Government shall lend to tae Local Authority an a ou.t eeual to the Naximum Development Co. --,t of the Project. Sec. 3. Development Cost of Protect The Local Authority estites that the Total Develcpment C„st o£ each P oject will not exceed the n?sti a.ed Total Dov=loprent Cost therefor as specified in Sec. 1, which estimate is ap__oved by the GovernmSnt. TY e. respective am0`Lnts Of SllCh E ie Total ch Development A _ st_=a_ed Gost, or the latest revisicrs tnereoi Durant t0 the provisions of Part ''d0 hereof, are herein called the `a-cinuv Development Cost” of the respective Pro=ec:= or of all the Projects in the aggregate as the context indicates. The Local Authority, however shall complete the development of the Projects at the lowest possible cost, and in no event at a cost in excess of the agae 6 gregamount of the afcresaid istimaln, TO;al opment Cost.. Dare'1- Sec. Cost Limits (A) Provided, however, that as to any Project for which the award of (i) lla:n Construction Contract, or (ii) a tu=�key Preliminary Contract of Sale or Contract Of Sale is approved by the Government on or after April0 1..' constractior 3 I0!-, the Development Ccst for and equ rent o- f such Project (excluding land, demolition, and l.crdaell+n. Facilities) shall not exceed by more than 10 percentum the a-_•rropriate prototype cost for the area in which such Project is situ=ated as determined by the Gover=zent D rs ant to Section 15of the Act it 5) A„t and which is effect on the da.= of the Gover:_ent's approval of the award of such Contract in lieu of the speci "ed Development Cos`, per room. (B) The term "Nondwellirg Facilities" as used in t:_= Contract includes non - dwelling structures, $Daces, and ecuipment, and site L'eve!0:'.--at, improvements and fac41- ities located outside building walls (including streets, sid :ales, and santtz y, uti_i:y] and other facilities, but excluding separate heatin;, plant s_ructures, equipment, ar:d distribution lines). Sec. 5. Justification for Project and Fi '1=1..1.1 Assistance The SS1St^"CC- The Local Authority has demonstrated to the satisfac`.' of the Government that .. there is a need for such low -rent housing which is not heir:. _ et by private enterprise. The developzcnt and operation of each I oject .n accerc"_ ec _ ::r this Contract w- - provide daccrt, sai'e, and capita dwell_n_s within the i_::_-.4.11 _ reach of fs._-r. arc in the lcwc�:t inc_-Mc F^oup and who ca -,I -no afford to Pa :uG7 to cams grivatc enterprise in their locality or retropolit_h area to build =daquate supplyof der"cr.:, safe, and ea itar-,i dwellings for their use (w{n+ch families :.erein tailed "F: _ilicp of Low Income"), and the provisicns of this Contract are adeq-.•_ ,o assure that eaci-1 :•ur:',: Project hill be developLd and operated. in co^_pliance with zine requirez:er.tc of ti.e The loan herein provided is necescr_^y to asciot the deveior:.:.... of each F;:ojcct, the annual contribution.P ,, a`.ible by 'lie Cover:^c•n', in lite ^ts, i'or the .e_•_oa the r:cUlr.Qr herein provi,ied .^.SC necen^^`- to ac� __ i ^. _.. .—Y niuve, cc:_+n.a_::. and asses e the ,3 8/ character of ,each such Project. Sec. 6. Tcx r:ce•^^t_cn of Pro;^ct Up -der the Constitution and Statutes of the State, each Project -- real and personal property taxes which may be levied or impoced by the county, or other political subdivision. Sec. 7. Loan by Government Subject to and in accordance with all the provisions of Part order to assist the development of each Project, the Government shay- Authority a=ounts (the total of which is herein called the 'Tlaximum Loa= determined pu su`nt to Sec. 110. Each advance on account of the loan for shall bear interest on the unrepa;d principal amount thereof from the da-- made to the date of repayment at the rate or rates (herein called "Lo_n V as the Cover went dviersines on the'date such advance is made a_zd rode a—: anniversary of such date pursuant to Sec. 20 of the Sot: ' Prov -d, d, That:. Rate for each advance, which shall be adjusted annually as provided herai , less than the '"•?inimum Loan Interest Rate. - Sec. 8. Annual Contributions by Covs,=ent from all and in :..e Local. --.ent") as .rojec J advance is zz Rate") on each Interest =11 not be Subject to and in accordance with all the provisions of Pa --t Two her. `-id in • order to assist in achieving and maintaining the low -rent c:2 --act" cf each `ect, the Goverrsent shall make annual contributions to the Local Authority in rest.—:% each Pro- ject in the a^ounts as determined pursuant to Part Two and for not to exceed _- perio3 (herein called-TTiaxi=m Contribution Period") co=enci._"T on theoto the - _ d_ . _ contribution with respect to such Project is paid and ending fort;; years date. Not more than forty annual contributions shall be made with respect to any == :sot. Sec. 9. 30nds and Additional Projects The Local Authority shall authorize, obligations the issue, and sell to others than + _ Government, of type prescribed in Sec. hli (herein. called the 'Bands"), _ scri.,ed in Pa --t 14.;0 of this Contract, with respect to the Projects c and to as pre-• rent housing project or projects undertaken by the Local Authority wit- fie __. '_-1 assistan of the Government which, pursu-nt to mutual agreement of the Local AuthoritL the Government, may be incorporated under the terms of this Contract. Sec. 10. National Emerr-ency I i (A) The Local Authority shall, (1) during any period of national ec c - oy in connection with national defense as declared by the President of the IInited -s Or any period during which a state of waxbetween the United States and any fore+,- r exists and (2) upon either a determination by the President of the Lrdted States - _re acute sho-taEe of housing in the locality of an .--- is' an n y y Project which impedes �'r_e .':a1 defens,. and that the necessa_-f housing would not otherwise be provided when needed _.. _mons en - g -aged in national defense activities, or a determination by t•e President of United. States that there is an acute need for hour --'n- in the local'_- of any Pro._,. 2sv e the availability of dwellings for persons engaged in national defense acti-.•_ to the - maximum extent authorized or permitted under applicable Fed_r..l and State _n in effect, operate such Project to provide housing for persons pn—,aged in natio::. fen se activities. (B) If, by reason of any such emerLency or state o_ .._r, the ccn-`r n of any Project is either prohibited oz., stopped prior to the d,:—!'�Ve_" of iso' a:: an _ _ .; Lila such prohibition Or stoppabe of construction •.:ill continuo - - an c:cundOd the tractLocal Fauthority shall refrain from the award of any further .c..otructicn o- "nt Con- tracts, -hall tad•:c in respect to Construction or Equipment C"n:raots alrec.'•- atevar action is reasonably necessary to conserve monies and asset:: (inclu iu„ tett.- or settle�tunt Of --ry out::tandi!`-> Con.Utructi U!. or Egll1r:ClCllt GU:f.:'!Ut �, :L',;? r F other reasonable act.icnr necessary to alini:aice overhead exp.::.^_r and in the Ccnoral Fun, for tL•c c?erelc?: eta of such Project in c:.: t. ,o of t? thcr.fo_ u ::_r the ,af(,rcrai d li-ita t t:.0^C nIL- 1, L`nOn T^,1•.:Or ;: ..^t:?:C t0 hc• .nVl-.r t of _. Ldvn�cc•t ,:c. cs or �.•,::nr,r_:•y ifotc:, i•auc... 'n co:uccc: Project, , ,d the Govcrni:ent shall •a - ^ not to o}airatr- tc to w)XI: under Const:•uctiOI: or EgU;r.^.nnt Ca:tr.acts until ;:urL cal:.?t;o.^. c:' ,,- etlded. 1;O"14:17 _.. th43 Subs" () ..all cti-1 be const uc•3 Autrority fro.-., �_oceed_n� ;with site a !' as pmhic'_ specifications d cquisition and the co-pleti3n r y related doc•-.ert... Sec. 11. Lac ,•no..; icy O:- n__ - Iwo in this Cont nit 1: v The Terco tad Conditions ezbolied orated herein b re in -t,Fozm OI. -$3011 y refe__nc" and constitute Pa t Yom,;o o r o., as a,ended to the date hereof, and -_ha f the .nun! Cc.^.: and Conditions _ ll supersede all earlier iso _• ref to in such Contract. Sec. 12. Additional o..ic:, '„- _ _ _Jrs 1'odiFications The £ollowins additional prc" sons and modiF Two, as hereafter set forth consiiti caticrs of ei`?:e_ ute the on -0- modi£' ication3 to this (A) Ivondiscri:zinatio-, in :•.e Local Z, drawings, are r^c-- :ons Cc ,tra3- f such Ter -,- One or ract: G` (1) In connection with the de,elop�ent an ,-et; activitydone-� O_ of he Local Authority _on F receiving Federal f'na vtates Eousin- Act of lcizl ass_stsnc_ s =os= or l -937, reg-z=dless of when such progran or acti thereof, was initial!;; _ the II1t_ r_ covered b any ce_.trzc� eor such assistance, the real property ,-cc .._ or s� thereon in such `' - is used for p Os=am or = as !on- a 72LnOse for ;which acci,_t , - another the Federal fi-ic-nciz1 uo--' - - assistanfe : e_-_-- pur-cse invch; h_ :as g the pro of __ Z. d o _` com-'- •, h, -on similar benefits, the Loca' r-✓ l:a �.l �- recuirement; imposed b-. �; "� . crity wi-- Law 88- -tee iI of the Civil R; -'n 3>-, 78 sial. 241 the -7 _ :__- - is rn-+ _gulaticns of the Derr '=e, t - meet issued thereunder, t o_ r3using 24 C__. _ - V -rc- --_-., Subtitle A, Pant 1, Section 1.! = luents of said Department - `- - - _ __ e- p that Act u su_zlu to said regulaticns; to the end the reS lations she and reeuirements of :"' the United States DeP,r =ccOrdance ` shall, on thesaid t__n� _e-•<_- from ground of race color, no :ere-= in p rticipation in be n , or nation=! o, : - - de__ied the b_nefi - _ e -,:.i - - ' - `-u=`-- t` s o£Otherwise- ation cancer are• such rO.1_n , be sub =-_ : ?- o- or activ-ty. re --to �scr='-1- Loo=! Author" ;1, al quire�ent, covenant or other binding -_, 1. =y _ - -� •_, inding co`i tuent of any subE; antee contractor, , assure the sa^+e co__o_ - subcontract - partic_pant in the o_, transferees successor onythe -_t r ___-- pres_a� or activity, such commitment to include the _`s, or cher "This =.ring cies: provision is included pursuant to the regulations Of the , Heu n.issaeU_ban et sof Develop=ent, 24 mm, Subtitle A, Part 1, '==nt lu'der Ti,.le Z%1 of the said Civil Eights Act the requirements 1 1, c£ of the said Department pu_-su. the obligation r nt to said re— the a-'. si ion o� the (contractor and a_nd or other) to comply tlere_.': _ the benefit of the united States, the said DenartmFnt, har ft ,_' Authority, any ;; to of which shall be entitled to invoke any re edies by law to redress any breach thereof b1e or to compel ccmplia_zce t .__ the (contractor or _ - other.)„ by (2) The Local Authority shall not, on account of creed, Z tale, leasing, rental, or other disnosition of housing or related £zcii_:` ld_nd) included in any Project or in the use or occupancy trelateof, nor de: the opportunity to arp1Y for such housing, nor deny to a ; h opportunity to lease or rent -_e_b_e an -l` al>J• duelling in any such housi-g s.litable (3) Failure of the Local Authority to comely ti;i`h the r� •'- (2) above shall ccn Lute . sti a Substjatial Default under any cc, htract bet•. and the Looe? Auiherity covering Federal finazci<._ , Ilousin- Act of 1?'� ai asc'sta_ -_ ae t 3,,.and thisySection -_'hall be construed t3 = -1s so ' cortract i.s _n force cr effec,... (B) Th" terms "Advance !tote" and "Tempora y Nota° =c used 1:1 C' or Fart i o of this Contract shall be Note„ construed to mean "?r: e•3t Loan respecti•.•c1y-. .,. (C) ,Section 203 is_arended by adding a now suboect_oa(C) as f:. "(C) he vocal Authority Shall promnt]y rotif. (1) an:;- ;. to to ineii.::M(- for ram:i-_r:ion to 'Lly 1'.3ject of 1 -ho basic f;. nuc?t d•_ . pro:'lde Lru anpl_cant upon request, wi!-in a .•ea-_onable tir-C Xtcr i?.. •. --- (incl:;-_; z e Fa_.y - reeds. =c of -O= ::e Gove_--en = I States - s" --- A .r P:rA�G liov•.'• _ CIO - rid by 5.31 --i2 made, with an onnort=ity for an informal heari=- on ouch d(:term±nation a:ic (2) any applicant detor__::ed to be eligible for ad. iscicn to any Proj,ct of .he apnrcx;mate date of occuon•ncy, insofar as such date can be reasonably deter -mined." (D) Section 204(E) is'a`ended by changin[: the period at the end thereof to a colon and adding: "Provided, that no tenant's rent may exceed one-fourth of the tenant's fanily income as defined by the Secretary of Housing and Urban pevelo-merit; Provided further, that this requirement shall not aDnly in any case in which the Secreta.—y of Housing a_nd Urban Development deter:ines that so liWiting the rent of any tenant or class of tenants will result in a reduction in the a oust of welfare assistance which would other -Wise be provided to such tenant or class of tenants by a public agency." (E) Section 308(D) is a`ended by changing the reference to "Sec. 415(c)(3)" to "Sec. 415(C)(1)(d)." .. (F) Add a new Section 314 and 'a new Section 315 as follows: "Sec. 314. Employment of Project Area Residents and Contractors. "The Local Authority shall comply and shall reeuiie each of its contractors and subcontractors employed in the develonment or operation of each Project toconnly with Section 3 of the Ecusing and Urban Development Act of 1963•(12 U.S.C. 17G1u) a: -,d,' the rez-alations and recuire_ents of the Gover±Lent there•_nder, �--uirir_g that to th. g eatest extent ff Bible Op Dort nitieS for training and eZDiOyT�eL' be given lower _n00m2 residents of the Project area and that contracts for work in connection with the Project be awarded to business concerns which are located in or owned in substantial part by persons residi:.g in the area of the. Project. 11 "Sec. 315. Contracts for Personal Services. "The Local Authority shall not enter into, execute, or approve, any a _ee- sent or contract for personal, management, lee 1 or other services with any person or f1rW where the initial Derlod or term of the contract•ls in excess of two (2) years, o=• where the contract contains a renewal provision for any period of ti -e, without the rr'_o: written consent of the Government. Where an existing contract contains a renewal nro•- vision, automatic or otherw.'se, which extends the tem of the contract for amy period, the Local Authority shall not act to renew or extend such contract, or fail t6 t;—=I{e any necessary action to forestall automatic renewal or extension, without the prior w_itte approval of the Goverment." (G) Section 407(D) is amended to read as follows: i "(D) With each submission of Operating Budgets, the Local Authority shall submit estimates of the Accru=no 1-nnnal Contribution and the Additional Ann---! Cc-11.=_`1_U- 0 required for the period covered by such Budgets." (H) Section 407(F) is amended by inserting the phrase "and Additional Anr_ual Contribution" after the term "Accruing Annual Contribution" and by changin- the period. at the end of the last sentence to a coma and adding the phi -ase "or to the amount of the Additional Annual Contribution." (I) Section 408(B)(2) is amended by substituting the term "Debt Ser•: ce Annual Contribution" for the terra "Fixed Annual Contribution." (J) Sec ticn 410 is c_ -ended by deleti rg the pin -ase "9:D percent of the ser; of." (F:) Section 41i(,1)(5) is amended by substituting ti.a term "Debt Service rrr:al Contribution" for the term "anm:al contributions." (L) Secticn L15 is n -ended by dolotin'C the present Ccc. 415 and subst'_tuti the followir.- therefor: ,Sec. 415. Annual Contributiono. "(A.) The Gover-_ent shall �:al:e annual contribution:; to the Local Authority for each Project. Such annual contribution"_ ::hall include Debt Service Contr'_buticns (or ?asic Annual Contributions in respect to Leased Hou ing Projects) Additional Annual. Contributicnc. The Gove--anent (1) shall make Debt Service Contributions to the Lccal Authority for e=ach Perranently Financed Project and (2) = in its de4er.= E� _n e' l.uthorit• prec - F+scel Ye in respect to the un—orticed =tr- ,cn of 'Ile :ani_ :. iosolc_:_zat Cosc of such ?roject whh icexceeded as of the last d such Fiscal Year the i:iair..u� Dc:olon cat Co::t zs firs o£ 1 d would full-: c_crtice sucn perticn not later thzi the first lday yoftlermonth folic -Wing the last Arnual Contrib,:tion Date for such project; "(d) With respect to each Project which is not Pe—=nently Financed, an a o nt, as dote --cii by the Govcrr-,cnt, which if applied annually -- the interest ram„ ( d;stad to the _ - nearest one-eighth of one percent) cnarGed the Local Authority-duri:g th. next precedin. Fiscal Year in respect to the un,^ortized - zticn of that f;--= deter --,ed by 'he Cave,.,=cnt to be that below which the Develot_ent Cos of such Project will in no event fall s:ould fully amortize such portion not later th_ the first day of the ::onth following the last Annual Contribution Date for such cj=ct, "Upon deliver: of any issue of Bonds to refund Permanent, ^•eject Loan or Project Notes- the amount of the Level Debt Service of such issue of ponds sh�,_ be in lieu of the portion of the Debt Service Annual Contribution allocable to such a Notes whether pursuant to clause (a), (b), (c), or (d) above. "(2) 0r. each A, nual Contribution Date the actual asount o£ the ,eat Service Arnual Coatrib;,ion to be paid (herein called the "Ahem ng Annual Contribute^-') shall be an arlou^_t equal to the Debt Service Annual Contribution less (1) r' the �JiLnt on deposit in the Debt Service 'r1;__p £or the reruction of annual contributions -•-�su�nt Subsection (C) of Sec. 4!5 then , and (2) any a70lLn� en O'_7 d•cpo Slt in tree D2b:a t $a'__e rim_. Pursuant to Subsection (3) of Sec. 414, on account of interest aoc=ued on a*iy issue O Bonds after a date which is six conths after the Bend Date of such issue. lne Government, notwithstanding any other provision of -I'--;s Cont_:.c=, May make pay-ent of any Accrarn.- Ar-i,�al Contribution (a) the first instalment shallbepaid, in seribution instalLents as £o'_.:,s: on the ^r.L._ Contribution Data i_n. if any, by which (i) the Accruin A_nnaal 6 Contribution exceeds (ii) the amount of princital and interest which will becone due and payable cn the next following ann`_vers=-- of tI-= Bond Date on all Bonds outstanding at the end of the preceding, Fiscal Year and ,:h ch c a Bond Date not later than seventeen months and fourteen days prior to such A.rn-,:-=1 Cca- tribution Date; (b) the balance of such Accr,;irg A1naual Contribution shall be p= date six months after such ?nnurl Contribution Date. don "(4) At least thirty days prior to each Anli al Contribution late, Aha Fiscal Agent shall file with the Government a report showing made into the Debt o the amount o each dents`.- Service FL, -,id since the next preceding Annual Contribution D=te and =a balance in the Debt Service Fiend as of the date of such report. "(5) At least fifteen days prior to each Annual Contribution Date, the Lczz" Authoritj shall file with the Government a requisition and voucher for the -_ current AccruingccAccruingAnnual Contribution. pay _eat of "(6) Except as otherwise provided in" Subparagraphs (7) and (2) of tl�s Sec. 415(C), the Government shall pay each Accruing Annual cortribution, or iratall-=at thereof, to the Fiscal. Agent for deposit in the Debt Service Fund. The Gover:-eat, at --a time of such payment, shall furnish to the Local Authority and to the Fiscal __ 2-1 ment showing (in detail and with anuropr-ate explanations) the amount of the Acc-un Annual Contribution, and the method by which the Accruing Annual Contribution .;ill be - Each such statement shall include a schedule showing on the basis of infor,cation ava41 = to the Covernitent, the distribution to be made of the funds in the Debt Service F1nd cuant to Sec. 416. , - -- "(7) 0n each Annual Contrib•ztion Pate on which any Per -^anent, ?rojec' - or Project I:ctez issued in comicction with a_"y Froject with respect to which ar. contribution is then pays^le recain cutctanding lid until full ren_• _ the applicable Loan Interest Rate, of all ex_pcnrLitr ues, if any, made bytthe yGever^^en: i= connection with any such Project pursuant to Sec. 505 hereof, such portion of the Accrrinj Annual -Contribution, which if deposited in the Debt Service Fund would (to:,e=_=_ with the monies then on deposit in said Fund for the reduction of annual contributions i -3 f, is r V As 5;.,lCC, 1-72 pursuant to this Contract plus the =punt of the second inctallmcnt, if any, cf such Accruing, Annual Ccntr_`;;tion) exceed the su.= of (a) .m amount eca-,1 to .he -___.__^al an; interest beco.-ping due and Payable d,,ri^ the period fc_ - _---- ._ z•_1r_l Contribul „on Sato on each Issue of fonds c=arir-:S a'Pcnd Date not '_ate= 1`__.n c_.enteen months and fourteen days prior to such Amil:;_i Contr_h-,tion Date, pluz (b) an -- eiu: to the ag,re to ?and Service Carry-Cver rcna red to be on deposit Ln the Lett S2: -,rice Fund on the next succeed'ng Annual Contribution Date, may be withheld :;y the __•:e^'=ext and applied to the full extent thereof: First, to reimbursement of -e Local _thority for any advance (not theretofore reimbursed) made purcur`^t to Sec. I1L•(D); and Second, to the payment of interest and pr_ cipal of such Notes and repayment cf such erendit•_i in proportion, with rescect to each such Project, to the applicable _^ rtion of - a Debt Service _ ,_:11 Contribution det^ 4—od DUr:;Uar-t to clallS -s (a), (b), (C), Or (d)- as the case may be, of Sec. 415(C)(1): Provided, that any a-ounts which would ot:er.._se be app: to the p--V--en' of principal under the aforesziO Second order of preference v- - be , h,: n rith (for not more th twelve months} and be used for the payment of int=_rest on =y Ecndsa•, may be subsecuently issued to refund such Notes and exnenditures. "(8) 4:1 en monies sufficient for the nayrer.t and d°soh—ge cf all Eons have been deposited with the Fiscal Agent in trust for such purDcze, _!ccr _ =•L1 Cor tributior-s, Residual Receipts, and monies otherwise Dayable to the DebtSer:ic_ _-_rad s^ be applied, as approved by the Government, to the pay_ent of the :votes and e._..enditures and in the proportion as prescribed in Subparagraph(7) of this Sec. Ll 15() 'ponies so applied by the Local Authority do=ing the twelve months period prece�_-'ng each __•.ial Co; tributicn Date which, except for the provisions of this Subparag; -h (J), WCi�d have bet on deposit on such Contribution Date in the Debt Service F,,nd . the =_ action c an_n-, =! centribu: ices, shall be deemed to lave been on dexo b'_t iri tae _ebt Sc-: c02 ltd such Ann= -1 Contribution Date for the purpose of Subparagraph 2 of th s Sec. T�S(C). "(9) No Accruing Annual Contribution shall be Daid or made z.ailable by the Govcni--ent pursuant to this Contract in an amount in excess of an ave -t : i ch t, gether with all monies then on denosit in the Debt Service Puid will be sufficient to f' pay and retire the outstanding Bonds, Permanent Notes, Project LOaai?:.ctes, a__ =oject issued in correction with all Projects with respect to ,:hien annu=li ctntribu:_:_^_s beco=` payable and to repay, with interest at the applicable Loan Interest -e, all e_._anciiM made by the Govan.—ent in connection with the develop=ent of such Prc„=sets pu=s-,a__t to E 505 hereof. The obligation of the Government to pay or ma=ke available Debt Sa_.ice A= Contributions pursuant to this Contract with respect to any such F` o jest shall to^—r=_tE when (a) all such Ponds and motes issued in connection with such P o:=_ct have Ize-n ful'_- paid and retired, or •.,nen monies sufficient for the pa.,"ent and Teti===-=ent thereof have been deposited in trust for such pu_rnose in accordance with the terms of such --.;...-_ds and Notes, and (b) all such e%menditu;es, with interest thereon, by the Gove-r->ent in cor:ec with such Project have been fully repaid. "(D) The Government shall also make Additional Annual Contributions to ti Local Authority (a) for each Fiscal Year in an amount which together .:ith all other Opel ting Receipts of the Projects will be sufficient to pay the Operating 1pendi_t:=es of sL Projects in accordance with the Operating Budgets for such Projects as approvei by the Goverment, and (b) with respect to a Project for which payments of _abt Service or .asi Annual Contributions will be made for a period of less than forty years, in = a=cunt az for purposes as approved by the Government, to provide for necessary initial e:=enses nc charged to the Development Cost of the Project. "(1) The Local Authority shall submit to the Gove_ pent, tc eCher wit Operating and Development Budgets for the Projects, an estimate of the amount --f dditic Annual Contributions wMch will be required for the period covered by such Bu_4 et. The Goverrment may approve such esti-mate or __vision thereof in fall or _ a reduc_d a7cu .t and the a-=ount so approved pursu-2_-it to such estimate or any revicicn, :__areof opal'_ be t.. maximum a._ount of Additiona'_ Annual Contributions payable in respect t„ the :_ jecis fox tho period coverdd by such Dud&et- 'File Goveriuent shall not in any F&derai :'scai :ear approve any estir-ate or revision thereof in an amount which, together -th tate_ a ounr e± all Additional ArLnual Contributions then contracted for by the Gover:_snt, vo-:=d exceed the amount as determined by the Government of Additional Ann.ral Ccntrib__icn= ccntractir .3 'get authorisation pursuant to the Act. "(2) The Covcrr_-cnt shall not be obli„ted to ^a':e any pay -eats on acco`;.nt of the Additional _'x=] Contributiona in an amount in exces3 of the a. mount specifically approved by the Covern=ent. "(E) An;Ith nG in this Contract to the contrary notwithstanding, the r=4 - =L= annual contribution payable hereunder with respect to any twelve month Deriod shall not exceed the a,--e,-ate of (a) the applicable i•ia%^ Contribution Percentage of the latest established i'a 'mum Development Cost for each Permanently Financed Project plug (:n) the applicable Haximum Contribution rercer_taSa of (i) the Amo+uit deter__.ed by the Cover- --ant to be t -.at below which the Development Cost will in no event fall, or (ii) the Actual Development Cost, as the case may be, of each Project which is not Per==nently Financed, plus an aWount not to exceed S120 per annum per dwelling unit occupied by families as described in Sec. 10(a) of the Act. For the pu_pos_ of dete Wv^.ing such �"ax"'-1 ::R Z_1'1L?1 Con tribution, the term "i'ua'C�=�-� Contributi cn Percentage” with resnect 't0 each Project shall cean the goi.g Federal rate (as defined in Sec. 2(10) of the Act) applicable -at the (1).date.of aDDroval of 'he Annual Contributions Contract coveri.z_• such project, Or (2) the date of deter^'nation of such =a:ci-•�=_ `nrt',;_al contribution, whic:_- ever is the hi_her, plus (a) two percent in, the case of Projects having a M_zucLL:_ Con- tribution Period of -forty years, or (b) one percent in the case of projects having a 2fazi.un Contribution Period of sixty years." (M) ' Section 417(C) is amended by substituting the term""Debt Service Annual Contribution" for the term "Fi-ced Annual Con-- bution." (Y) Section 41 8(3) is deleted. (0) Section UX )(3) is amended by substituting '„he ph=ase "Debt Service Annual Contribution as deter?ned pursuant to clauses (a), (b), (c), and (d) of Sec. 415(C)(1)" for the phrase "Fired Fnnua.l Contribution as determined pursuant to clauses (1), (2), (3), -and (4) of Sec. 115(C)." Sec. 13. Perfo=ance of Conditions Precedent to Validit-of th s Contract The Local Authority certifies that all conditions precedent to the valid execution .and delivery of this Contract on its pa=t have been complied with, that all things necess_ to constitute this Contract its valid, binding, and legal agreement on the terms and con- ditions and fo_- the pu_7poses herein set forth have been done and have occurred, and that the execution and delivery of this Contract on its part have been and are in all respects duly authorized in accordance with law. The Government similarly certifies with reference to its own execution and delivery of this Contract. Sec._14,'Clean. Air Act and Federal 47ater Pollution Control Act (a) The Local Authority shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by the Environmental Protection Agency pursuant to the Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, and E'c—ative Order 11738. The Local Authority shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. (b) Flood"Disaster Protection Act ' The Local Authority shall incorporate or rause to be incorporated Into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner); "If the Project is located in an arca that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if t.`,e sale of flood insurance has been made available under the ;rational Flood Insurance Act or 1968, the Owner agrees that the Project will be covered, durin.- its anticipa=ed )_j3010 � 1 a..^r1959 1 --ended by 53010C 2 economic or useful life, by flood insurance in an amount at least equal to its developMent, or pro)ect cost (less esti.::ated land cost) or to the r. xim to limit of cove_are made available with respect to the particular t•:e pof property under the National Flood Insurance Act of 1963 whichever is less," Sec. 15, Local ,',uthor'_ty Cont-ac[s with Third Pa rtics and Subcontractors (a) Clean air Act and Federal l:'ater Pollution Control Act (1) The provisions of subparagraph (2) of this Section shall not be applicable if the maximum amount of housing assistance oaynents under the Housing Assistance payments Contract, over the maximum term of said Contract, is $100,000 or less. (2) In compliance with regulations issued by the Enviro-,rental - Protection Agency (EPA), 40 CFS, Part 15, 39 F.R. 11099, pursuant to the Clean Air Act, as amended (Air Act), 42 U.S.C. 1857 ct seq,, the Federal Water Pollution Control Act, as amended Owner agrees thaU:S,C, 1251 et seq., Executive Order 11738, the (Water (i) any facility to be utilized in the performance of this contract or any subcontract shall not be a facil;ty listed on the EPA List of Violating Facilities pursuant to Section 15.20 of said regulations; (ii) he will promptlynotify the LHA of the receipt of any c�unication from the EPA indicating that a facility to be utilized for thQ contract is under consideration to be listed on the EPA List of Violating Facilities: (iii) he will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 308 of the Air Act and the Water Act; respectively, and all regulations and guidelines issued thereunder; and (iv) he will include or cause to be included the provisions of paragraph (2) (i) through (iv) of this Section in every nonexempt subcontract, and that he will take such action as the Coverrmient may direct as a means of enforcing such provisions. (b) Flood Disaster Protection Act. Mc local Authority shall incorporate or cause to be incorporated. into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply With such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Hcusing and Urban Development as an area having special flood hazards and if the sale of flood insurance has'been made available under the National Flood Insurance Act Of 190, the Owner agrees that the Project will be covered, during its anticipated economic or useful life, by flood insurance in an an amount at least equal to its development or project cost (less estimated land cost) or to the m:Lviiaum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less. 311 J 16 ,'Atleast 20 percentum of the d-.:elling units under annual contributions contract in anv vear shall be occupied by very Loa-inco:ae families. (1) Under section 3(1) of the Act: in any project placed after (September 26, 1975) (2) Under section 4(a) of the Act: (a) ' = * such loans (i.e., loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such a3en- eies) shall bear interest at a rate specified by theSe- cretary which shall not be '-ss than a rate determined by the Secretary o: the Treasu 9 taking into considurati-)n the current average market yield on outstanding market- able obligations of the United States with remaining periods to maturity comparable to the avera3e maturities of such loans, plus one-eighth of per centum. (3) Under section 6(a) of the Act: (a) - - - except in the case or housing pr-do,ainantly for the elderly, high-rise elevator projects shall not be provided for families with children unless the - Secre- tary makes a determination that there is no practical alternative. (4) Under Section 6(b) of the Act: (b) * the cost of construction and equipment of the project (excluding land, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum the appropriate prototype cost for the area. (5) Under section 6(c) of the Act: (c) (1) the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality makes such revision necessary in achiev- ing the purpose of this Act (2) the public housing agency shall determine, 'and. so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deem it desirable); (3) the public housing agency shall promptly notify (i) any applicant determined to be ineligible for admis- sion to the project of the basis for such determination and provide the applicant upon request, within a reason- able time after the determination is made with an oppor- tunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably deter- mined; and (4) the public housing agency shall comply with such procedures and requirements as the Secretary may pre- scribe to assure that sound management practices will be followed in the operation of the project, including re- quirements pertaining to-- -.._ c_ tC sclecti=.. cr_ter:a e s - ;n ed to assur-a _nat .__..- in a re a S C nab lC e ..cd O_ __ the. project w; 11 .cc lv c :am.:1:cs .: l t.. a broad range of ince-.es and wi:l avoid concentrations of '_c•.: -income and de- prived families with serious social problems, but this shall not permit maintenance r: vacancies to await hi3h- er income tenants where lower income tenants are available; (B) the establishment of satisfactory pro- cedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpaycent of rent; (C) the establishment of effective tenant - management relationships designed to assure that satisfactory standards of tenant security and project maintenance are foraulatedGind that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively; and (D) the development by local housing authority managements of viable homeownership oppor- tunity programs for low-income families capable of assuming the responsibilities of homeownership." (6) Under section -6(-c'} of t, e Act (d) * * * no annual contributions by the Secretary shall be made available for such project (i.e., low- income housing project) unless such project (exclu- sive of any portion there of which is not assisted by annual contributions under this Act) is exempt from all real and personal property tares levied or imposed by the State, city, county, or other political sub- division and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such Lesser amount as (i) is prescribed by State Law, or (ii) is agreed •to by the local governing body in its agreement for local cooperation with the public housing agency re- quired under section 5(e)(2) of this Act, or (iii) is due to failure of a local public body or bodies other than the public housing agency to perform any obliga- tion under such agreement. If any such projects is not exempt from all real and personal property taxes levied, or imposed by the State, city, county or other political subdivision, * * * no annual contributions by the Secretary shall be made available for such proj- ect unless and until the State, city, county, or other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project." (1) Under section 6(e) of the Act: Se) * * * whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or sec aside for application, to pur- poses which, in the determination of the Secretary, will effect a redaction in the amount of subsequent annual contributions." (8) Under section 6(f) of the Act: (f) * * when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, mak- ing it unusable for housing purposes, a program of mod- ifications or closeout shall be prepared. SeFction F;r Lader s�icn 12 of the Act: * * '_ not less than the wages prevailing in the Lo- cality, as deter-i.ed or adoptea (subsequent to a deter- mination unser appLica�le State.or local lair) by the Secretary, shall be paid to all architects, techr._cal en- gineers, draftsmen, and technicians employed in the de- velopment, and all maintenance laborers and mechanics employed in the operation, of the Loa -income housing project involved; and - _ not less than the wages pre- vailing in the locality, as predetermined by the Sacre- tary of Labor pursuant to the Davis -Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics em- ployed in the development of the project involved (in- cluding a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the building or sponsor enter into an agreement for such use before construction or rehab- -ilitation is commenced), The parties agree that -if and when the Government approves a revised form of Annual Contributions Contract to be used in lieu of this modified HUD Form 53010B, then they will execute an amendment to this contract sub- stituting the said revised form. IN WITNESS TTHLREOF, The Local Authority and the Goverr=ent have caused this Contract to be executed in their respective names and the Local Authority has caused its seal to be hereunto affixed and attested as of the Date of This Contract first above written, CITY OF IOWA CITY, IOWA (SEAL) f-;[ r Prlk (Type Name and Title) (Tyr Name and Title) • ,.,nay. :^:'.�y!ct, •. TES OF AMMICA of Housing wad-I1Fban Development Supervisor � IVei� A pPMIA gy The Legal Depadmht 3.v� HUD -51999 Rev. 1171 GENERAL DEPOSITARY AGREEMENT THIS AGREEMENT, entered into this 3RD day of JUNE , 19 81 , by and between THE CITY COUNCIL OF IOWA. CITY (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the CITY and FIRST NATIONAL BANK OF IOWA CITY (herein called the "Bank"), located at WITNESSETH: of IOWA CITY 204 E. WASHINGTON, IOWA CITY, IOWA WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. Name of Project IA 22-3 IOWA CITY HOUSING PROGRAM ; and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. The Bank is and shall continue to be a member of the Federal Deposit In- surance Corporation as long as this Agreement is in force and effect. 2. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authoritj in a separate account, designated " IOWA CITY HOUSING PROGRAM #IA -22-3 Account" (herein called the "Account"). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3. The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authori- ty by an officer or member designated by resolution, a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the Bank. 4. The Bank shall purchase, with monies from the Account, and sell invest•• anent securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt. 3V 5. If the Bank receives written notice from the Gc nment that no withdrawals the Local Authority from the Account are to be permitted until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Au by thorityy drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the Government. 6. The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duty to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith' believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed. 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty days' written notice to the other party, a copy of which notice shall be promptly furnished to the Government. The rights and duties of the Bank hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph 5. 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. 9. The depositary agreement heretofore entered into between the Bank and the Local Authority with reference to Projects No. is hereby terminated and all monies and securities of the Local Authority on deposit with or held by the Bank pursuant to the terms of said agreement shall continue to be held for account of the Local Authority pursuant to and in accordance with the provisions of this Gen- eral Depositary Agreement. IN WITNESS "/HEREOF, the Local Authority and the Bank have caused this Agreement to be executed in their respective names and their respective seals to be impressed hereon and attested all as of the date and year first above written. (SEAL) ATTEST: Secretary (SEAL) ATTEST CITY OF IOWA CITY Local Authority By 4 — JAeANPGERSESIDENT E CASHIER NOTE: Strike paragraph 9 if not applicable. Received & Approved layy�h.e, Lagal Department HUD -HAA, Wush., D.C. *US Govrflnuun PBnj7t"G or FICC. 1974 665 ]57A57�/ 'HUD -51999 Rev. 1/11 GENERAL DEPOSITARY AGREEMENT (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the CITY and FIRST NATIONAL BANK OF IOWA CITY (herein called the "Bank"), located at WITNESSETH: of IOWA CITY , 204 E. WASHINGTON, IOWA CITY, IOWA WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. Name of Project IA 22-3 IOWA CITY HOUSING PROGRAM ; and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1 1. The Bank is and shall continue to be a member of the Federal Deposit In- surance Corporation as long as this Agreement is in force and effect. Z. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, designated " IOWA CITY HOUSING PROGRAM NIA -22-3 Account" (herein called the "Account''). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3, The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authori- ty by an officer or member designated by resolution, a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the Bank, 4. The Bank shall purchase, with monies from the Account, and sell invest- ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt. THIS AGREEMENT, entered into this 3RD day of JUNE 19 Bi , by and between THE CITY COUNCIL OF IOWA. CITY (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the CITY and FIRST NATIONAL BANK OF IOWA CITY (herein called the "Bank"), located at WITNESSETH: of IOWA CITY , 204 E. WASHINGTON, IOWA CITY, IOWA WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. Name of Project IA 22-3 IOWA CITY HOUSING PROGRAM ; and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1 1. The Bank is and shall continue to be a member of the Federal Deposit In- surance Corporation as long as this Agreement is in force and effect. Z. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, designated " IOWA CITY HOUSING PROGRAM NIA -22-3 Account" (herein called the "Account''). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3, The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authori- ty by an officer or member designated by resolution, a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the Bank, 4. The Bank shall purchase, with monies from the Account, and sell invest- ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt. 5. If the Bank receii written notice from the Govc nent that no withdrawals y the Local Authority from the Account are to be permittee until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Authority drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the Government. 6, The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duty to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed, 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty days' written notice to the other party, a copy of which notice shall be promptly furnished to the Government, The rights and duties of the Bank hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph 5. 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument, 9. The depositary agreement heretofore entered into between the Bank and the Local Authority with reference to Projects No. is hereby terminated and all monies and securities of the Local Authority on deposit with or held by the Bank pursuant to the terms of said agreement shall continue to be held for account of the Local Authority pursuant to and in accordance with the provisions of this Gen- eral Depositary Agreement. IN WITNESS WHEREOF, the Local Authority and the Bank have caused this Agreement to be executed in their respective names and their respective seals to be impressed hereon and attested all as of the date and year first above written. (SEA L) ATTEST: Sccrctary (SEAL) A T TES i CITY OF IOWA CITY Local Authority JOHN R. BALMER,- MAYOR FIRST NAIIQNAL BANK I.QWA CITY. IOWA flank By JA ES SANGSTER SE OR VICE PRESIDENT E CASHIER NOTE: Strike paragraph 9 if not applicable. 222067-P Received & Approved ¢y 71;e Legal Department HUD -HAA, Wash., D.C. CUs rovrr;t:UCHl rr n[tic errlcr. 197, rf5 n-,,152 First National Bank ® 704 EAS7 WASHING70N IOWA C17Y IOWA 52240 PHONE 357 7000 AREA CODE 379 May 28, 1981 Lyle Seydel City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Lyle: James A. Sangster Senior Vice Pmsidanl end GsAim Enclosed are the following executed forms for the new Iowa City Housing Program IA 22-3 checking account: 1. Signature card and speciman signature card. 2. Two copies of HUD Form 274, Designation Of Depository For Direct Deposit Of Loan And/Or Grant Funds. 3. Two copies of Form HUD -51999, which is a General Depository Agreement. The Board of Directors Resolution will be forwarded after our next board meeting, which will be June 9, 1981. If there is anything further that is needed, please contact me. Sincerely, ( a� — JAS/lj Senior Vice President and Cashier enclosures 0 CTION II (To be completed by fk• deposlta The account identified in Section 1 has been established with this bank (or ircoaory as applicable). All necessary documentation, including a power of attorney ,..here necessary, which will legally enable this depositary to receive U.S. Government checks directly from the U.S. Treasury Department for deposit to: IOWA CITY HOUSING PROGRAM IA 22-3 ACCOUNT NUMBER 010 040 4 (Account Name and/or Number) without the payee's endorsement have been received and are In this deposilary's custody. Thla depositary's deposits are insured by: FEDERAL DEPOSIT INSURANCE CORPORATION FIRST NATIONAL BANK _ 2.04 E. WASHINGTON, IOWA CITY, IOWA 52240 (Nose of Bank nr Treasury) (Address and ZIP Cede wken decks akaald ba .rtled) SENIOR VICE PRESIDENT b CASHIER (,AES A. SANGSTEF�' (Till* of AatAorfsed Bank Officer) (Slsnature of A bortr'd Botk or Tnasary Officer) HI D. C. JUNE 3, 1981 (De+sJ U.E. DEPARTMENT OF HOUSING AND URDAN DEVELOPMENT DESIGNATION OF DT-POSITARY FOR DIRECT DEPOSIT OF LOAN AHD/OR GRANT FUNDS SUCTION I (To be Completed b7 recipient or anisatian) [ P YAOGAAM IOWA CITY HOUSING PROGRAM IA 22-3 Tl.e FIRST NATIONAL BANK, 204 E. WASHINGTON, IOWA CITY, IOWA 52240 (Name, Address and ZIP Code of flank or (.meet/ Goorrninrat Treasury) has been designated as the depositary for all funds to be received directly from the U.S. Treaaury Department resulting from contract number 9132 "ecuted with the U.S. Department of Housing and Urban Development for deposit to: IOWA CITY HOUSING PROGRAM IA 22-3 010 040 4 (Account Name and/or Number) IOWA CITY HOUSING AUTHORITY CIVIC CENTER, ,410 E. WASHINGTON IOWA CITY (Nome) (Address and ZIP Code) IOWA 52240 MAYOR OF IOWA CITY _ JOHN R. BALMER JUNE 3, 1981 (Title of Executive Officer) (Signature of Executive Officer) (Date) nUu-ire 16—e11 PREVIOUS EDITION Ma♦ to UeaO ✓9/ RESOLUTION NO. 81-132 RESOLUTION AUTHORIZING EXECUTION OF TURNKEY CONTRACT OF SALE TURNKEY PROJECT IA 22-3 WHEREAS, the City Council of Iowa City (herein called the "Local Authority") proposes to enter into a contract (herein called the "Turnkey Contract of Sale") with Southgate Development Co., Inc., as defined in the Turnkey Contract of Sale and which at any time now or hereafter is incorporated under the law of Iowa. BE IT RESOLVED BY THE LOCAL AUTHORITY AS FOLLOWS: Section 1. The Turnkey Contract of Sale in substantially the form of contract 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 on behalf of the Local Authority and to forward said executed counterparts or any of them, to the U.S. Department of Housing and Urban Development (HUD), together with such other documents evidencing the approval and authorizing the execution thereof as may be required by HUD. Section 2. Whenever the following terms or any of them, are used in this Resolution, the same, unless 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 Turnkey Contract of Sale shall have the respective meanings ascribed thereto in the Turnkey Contract of Sale. Section 3. This Resolution shall take effect immediately. It was moved by Neuhauser , and seconded by Perret Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. 4AY-6 ATTEST: C �!- , -117 CITY CLERK that the Received & Approved BY The Legal Department 3 wlz U.S. � 9TMENT OF HOUSING AND URBAN DE VELI NT INSTRUCTIONS FOR PREPARATION OF TURNKEY CONTRACT OF SALE n FORM HUD -53015, PART I AND PART II ` 1. USE OF AND ADDITIONS TO FORM. This basic for of Contract of Sale shall be used for public housing Projects develop- ed under the Turnkey method pursuant to the Public Housing Program Development Phase Regulation (24 CFR 841). Additional provisions may be required to cover the special circumstances of a particular project. 2. PROVISION FOR DELIVERY IN STAGES. (a) Where feasilbie to accept delivery and acceptance ul'the project in stages - - each stage consisting of completed buildings and the land upon which the buildings are located - - the Contract of Sale may provide for staged delivery. In such case, a schedule of the improvements and land included in each stage, along with their agreed Purchase Prices and Sub- stantial Completion Dates. shall be incorporated as an Exhibit to the Contract. The Contract of Sale shall include the following provision: -'Completion and settlement with respect to the improvements and land included in the Contract shall take place in stages. and in accordance with Exhibit , and each stage shall be subject to all provisions of the Contract, including provisions relating to completion and settlement.-' (b) The Purchase Price shall reflect any savings to the Seller resulting from the agreement to accept the project in stages, such as a saving in interest. If agreement to deliver the Project in stages is made after the Seller's proposal has been received, but prior to execution of the Contract, the Purchase Price reflected in the. Contract shall be reduced to renect; these savings. After execution of the Contract, the PHA shall not agree to accept a staged delivery, and HUD shall not approve such agreement, unless the Seller agrees to an amendment of the Contract reducing the Purchase Price to re- flect the savings. 3. PROVISIONS ON SETTLEMENT ADJUSTMENTS. (a) The provisiucIs on settlement adjustments, including the provisions for allocation of taxes and settlement costs should be carefully examined by HUD and PHA counsel, and may be modified as deemed advisable. Modifications may be desirable to conform to local custom or practice, or for the sake of clarity. Counsel should determine all charges or taxes likely to be applicable in the locality and should ascertain whether the provisions of the Contract state with suf- ficienl clarity the treatment at settlement of each item. (b) The allocation of settlement items under the Contract of Sale must be consistent with the basis for evaluation and approval of the Seller's price. That is, if the HUD -approved breakdown of the Seller's price includes a particular settle- ment item, the Contract must provide for payment for that item by the Seller, and not by the PHA. The Contract language in the form shall be modified as necessary to preclude double payment by the PHA for any tax or other settle- ment item. Such double payment would occur if an item is included in the Purchase Price, and is also to be paid by the Purchaser as a settlement adjustment under the Contract. (c) Where it is anticipated that specified state or local taxes (other than real property taxes and assessments), e.g., sales taxes, included in the Purchase Price may be subject to abatement or exemption. counsel shall assure that the Contract is modified to include a provision such as the following: "Tax Exemption or Abatement. In the event of exemption or abatement of any of the following state or local taxes _ payable with respect to the Project. the amount of such exemption or abatement shall be credited against amounts payable by Purchaser at settlement: TAX AMOUNT 4. PROVISION FOR ADDITIONAL WITHHOLDINGS. This form of Contract provides (Sections 2.8(d) and 2.10(b)) for certain minimum withholdings at settlement. Where deemed necessary to provide additional protection with respect to any statutory liens (mechanics, subcontractors, materialmen, etc.), the Contract may be modified to provide for additional withholdings during the lien periods (or, as an alternative to theadditional withholding, for an unconditional and irrevocable letter of credit, issued by a banking institution, unconditionally payable upon demand of the Purchaser). 5. PAYMENT TO LENDER. If Seller desires, the Contract may be modified to provide for direct payment of the Purchase Price to Seller's Lender, rattler than to the Seller. 6. EXHIBITS. The Contract provides that the following documents, which are listed in Section 1.6 of the Contract, shall be incorporated as Exhibits: _ Exhibit A - Annual Contributions Contract (see Section 1.1) Exhibit B - Plans and Specifications (see Section 1.1) Exhibit C- Land -Legal Description (see Section 1.1) Exhibit D - Guarantees and Warranties (see Section 2.8(a)(6)) Exhibit E - Department of Labor Wage Determination Decision (see Section 2.12(c)) Other Exhibits (e.g., schedule for staged delivery) may be included in the Contract as required, and shall be added to the list in Sec- tion 1.6. Tire listing shall provide a specific identification of all additional Exhibits, including a letter designation and brief descrip- tion of the contents of each. All Exhibits shall be initialed or otherwise appropriately identified by the parties. Supersedes Forms HUD -53015 (3-72) and HUD -53018 (5-73) — I — HUD -53015 (10.77) VVIZI Nia U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .. n PUBLIC HOUSING PROGRAM TURNKEY CONTRACT OF SALE TABLE OF SECTIONS PART C 1.1 lderitlficalion of Project 1.2 Purchase Price 1.3 Commencement Date 1.4 Completion Date 1.5 Settlement 1.6 Contract Documents 1.7 Warranty of Purchaser's Authority 1.8 Events Constituting Default Under This Contract and the Annual Contributions Contract 1.9 Approval by HUD PART II 2.1 Definitions 2.2 Improvements 2.3 Adjustments in Purchase Price . 2.4 Time for Commencement and Completion of Work 2.5 Charves in the Work 2.6 Inspections During Construction 2.7 Final inspection, Acceptance 2.8 Settlement 2.9 Final Certificate of Completion 2.10 Warranties 2.11 Fire and Other Casualty Insurance 2.12 Prevailing Salaries or Wages 2.13 Contract Work Hours and Safety Standards Act - Overtime Compensation 2.14 Com{+liance With Copeland Regulations (29 -CFR, Part 3) 2.15 Payrolls and Related Reports 2.16 Rage Claims and Adjustments 2.17 Disputes Concerning Wage Rates and Classification of Labor 2.18 Termination Because of Violation of Labor Provisions 2.19 Insertion of Labor Provisions in Subcontracts 2.20 Equal Employment Opportunity 2.21 Section 3 of the HUD Act of 1968 (Employment and Business Opportunities for Lower Income Residents of _ t Project Area) 2.22 Prohibition Against Transfer of Contract or Project 2.23 Third Parties 2.24 Conflict of Interest -2- HUD-53015 (10-77) 3 89 U. 'ARTMENT OF HOUSING AND URBAN DEVE PUBLIC HOUSING PROGRAM TURNKEY CONTRACT OF SALE PART I THIS CONTRACT made on THE 12TH DAY OF JUNE, 1981, ENT 0. C le of this Contract") by and between SOUTHGATE DEVELOPMENT Co., INC. ("Seller") and IOWA CITY H[{USING AUTHORITY , a Public Housing Agency ("Purchaser'). WHEREAS, Seller proposes to sell to Purchaser a completed Project consisting of improvements and land, and WHEREAS, Purchaser desires to acquire the Project, NOW, THEREFORE, Seller and Purchaser agree as follows: 1.1 IDENTIFICATION OF PROJECT. The Project, which is identified as Project No. IA 22-3 in the Annual Contributions Contract attached as Exhibit A, shall consist of 32 dwelling units and related appurtenances 1 as described in Exhibit B, upon land situated in IOWA CITY. JOHNSON COUNTY, IOWA and as described in the legal description attached as Exhibit C. 1.2 PURCHASE PR;CF.. The Purchase Price is S 1 , 553.423. 00 1.3 COMMENCEMENT DATE. Seller shall commence the Contract Work no later than JUNE 15, 1981 1.4 COMPLETION DATE. Seller shall Substantially Complete the Contract Work no later than JUNE 14, 1982 1.5 SETTLEMENT. Settlement shall be held at THE HUD SERVICE OFFICE IN DES MOINES. IOWA, within In calendar days after Purchaser and HUD have approved the Interim Certificate of Completion. 1.6 CONTRACT DOCUMENTS. This Contract consists of Part 1, Part Il, and the following Exhibits, which are attached to and made a part of this Contract. Exhibit A - Annual Contributions Contract No. 9132 Dated Exhibit B - Plans and Specifications Exhibit C - Land - Legal Description Exhibit D -Guarantees and Warranties Exhibit E - Department of Labor Wage Determination Decision EXHIBIT F — SCHEDULE OF STAGED COMPLETION EXHIBIT G — EXTRACT OF MEMORANDUM OF UNDERSTANDING DATED MAY 21, 1981. 1.7 WARRANTY OF PURCHASER'S AUTHORITY. Purchaser warrants that it is a duly organized body politic authorized by law to acquire land and improvements thereon and that it is in fact and in law authorized to execute this Contract. —3— HUD-53015 (10-77) l:f EVENTS CONSTITUTING DEI .T UNDER THIS CONTRACT AND THE :UAL CONTRIBUTIONS CONTRACT. Any breach of the warranty to Section 1.7, or if the Purchaser fails to expeditiously continue the undertaking of the Project or to comply with this Contract, or if this Contract be held void, voidable, ur ultra vires, or if the power or right of the Pqr- chaser to enter into this Contract is drawn into question in any legal proceeding or if the Purchaser asserts or claims that this Contract is not binding upon the Purchaser for any such reason, the occurrence of any such event shall he deemed a default hereunder, and a Substantial Default under the following Section of the Annual Contributions Contract included in this Con- tract as Exhibit A1: SEE EXIHIBIT A. ANNUAL CONTRIBUTIONS CONTRACT, ATTACHED HERETO AND MADE A PART OF THIS CONTRACT. FURTHER, SELLER AGREES TO BE BOUND BY APPLICABLE CONDITIONS OF ANY FUTURE REVi;SED ANNUAL CONTRIBUTIONS CONTRACT WHICH MAY BE ENTERED INTO BY HUD AND THE PURCHASER. 1.10 IOWA SALES OR USE TAX PROVISION. THE SELLER SHALL PROMPTLY COMPLY WITH THE REQUIRE— MENTS OF SECTION 422.45(7), CODE OF IOWA, TO SECURE IOWA SALES AND USE TAX REFUNDS IN ACCORDANCE WITH APPROPRIATE STATE OF IOWA PROCEDURES, AS PROMULGATED BY THE IOWA DEPARTMENT OF REVENUE, FOR THE BENEFIT OF THE PURCHASER. 1.9 APPROVAL BY -HUD. The approval of this Contract by HUD signifies that the undertaking by the Purchaser of tire acqui. sition of the Project constitutes a "Project' eligible for financial assistance under the Annual Contributions Contract included in this Contract as Exhibit A; that said Annual Contributions Contract has been properly authorized; that funds have been reserved by HUD and will be available to effect payment and performance by the Purchaser hereunder; that HUD has ap. proved the terms and conditions of this Contract; and that HUD and the Purchaser have agreed that they shall not amend or modify the Annual Contributions Contract in any manner which would reduce the amount of the loan or annual contribu- tions payable thereunder wills respect to the Project. EXECUTION' IN WITNESS WHEREOF, the Seller and Purchaser have caused this Contract to be executed in biiginal counterparts as of the date of this Contract. ATTEST LINA WOITO ASSISTANT CITY ATTORNEY APPROVED: United States of America Secretary X/Aousing and Urban Development I M SEVEN Seller SOUTHGATE DEVELOPMENT CO., INC. By L N. BRAVERMAN Title PASS DENT Purchaser IOWA CITY HOUSING AUTHORITY r� JOHN R. BALLMER Title MAYOR 1 Insert full text of the SpeciXProvisions for Turnkey Projects as contained in the Annual Contributions Conuact (Exhibit A). ]Print or type names underneath all signatures. —4— HUD-53015 (1D-77) .494 U S �R7MENT OF HOUSING AND URBAN DEVEI .NT PUBLIC HOUSING PROGRAM TURNKEY CONTRACT OF SALE 0 PART II 2.1 DEFINITIONS ANNUAL CONTRIBUTIONS CONTRACT. The contract between HUD and the Purchaser under which HUD will provide assistance to the Purchaser for the acquisition of the Project, as more fully identified in Part 1, which Annual Contributions Contract, as ametided to the date of this Contract, is included in this Contract as Exhibit A. CONTRACT. This Contract of Sale between the Purchaser and the Seller. CONTRACT WORK. The construction work to be performed under this Contract. HUD. The Department of Housing and Urban Development, which has agreed to provide financial assistance to the Pur- chaser for the Project in accordance with the Annual Contributions Contract. INSPECTION REPRESENTATIVE. The qualified inspector designated by the Purchaser to make inspections of the Project to determine conformity to the Contract. PROJECT. The Project, as more fully identified in Part 1, to be acquired by the Purchaser under this Contract. PURCHASE PRICE. The total price for the Project. SUBSTANTIAL COMPLETION. The point when the Contract Work is in good and tenantable condition and. there are no deficiencies other_�han punch list items and items awaiting seasonal opportunity to complete. 2.2 IMPROVEMENTS (a) The completed improvements shall be in accordance with Exhibit B and in accordance with all applicable Federal, State and local laws and regulations. - (b) Seller shall be responsible for delivery of the improvements in good and tenantable condition and in full compliance with paragraph (a) of this Section. Review or approval by the Purchaser and HUD of the working drawings, specifi- cations or other documents shall not relieve Seller of this responsibility. Seller shall have full and sole responsibility for subsurface investigations and foundation design, for any changes in details, dimensions or materials required to produce the complete improvements in accordance with paragraph (a), and for correction of any defects arising out of any design deficiencies. 2.3 ADJUSTMENTS IN PURCHASE PRICE The Purchase Price shall be subject to the following adjustments: (a) Changes in the Purchase Price agreed to by reason of changes in the Contract Work pursuant to Section 2.5, shall be - added or subtracted as the case may be. (b) The amount of any increase in the Purchase Price pursuant to Section 2.7(d), resulting from delay due to submission of a disagreement between the parties to HUD, shall be added. 2A TIME FOR COMMENCEMENT AND COMPLETION OF WORK (a) The Seller shall commence the Contract Work not later than the date specified in this Contract, shall prosecute the Contract Work with such diligence as will insure Substantial Completion by the date specified in this Contract, and shall Substantially Complete the work by such date. If Seller fails to commence, diligently prosecute or Substantially Complete the Contract Work in accordance with the Contract, Purchaser may terminate the Contract by notice to the Seller and in -such case Seller shall not be entitled to any compensation. If the Purchaser is entitled to terminate the Contract under the preceding sentence, but omits to do so, such omission shall not be construed as, or constitute a waiver of, the Purchaser's right to subsequently terminate the Contract. (b) (1) If the construction of the improvements is delayed, the Seller shall, within 10 working days from the beginning of the delay, notify the Purchaser in writing of,the delay and the causes for the delay. (2) At Substantial Completion of the Contract Work, the Purchaser shall determine the number of calendar days,.if any, by which Substantial Completion of the Project was delayed beyond the date specified in this Contract, and the reasons for the delay. To the extent that the delay is determined by the Purchaser to be the result of unfore- seen causes (such as fire, flood, epidemic, strikes, unusually severe weather, or acts of the Federal Government or the Purchaser) beyond the control of the Seller and without the fault or negligence of the Seller, and such causes of delay were reported to the Purchaser in accordance with paragraph (bXI) of this Section, the time for Sub- stantial Completion of the Project shall be extended for the number of days that Substantial Completion is de- layed due to these causes. ' E&M HUD -53015 (10-77) 3 1?1 2-.5 CHANGES IN THE iVORK No changes in the Contract Work shall be made without a written agreement, approved on its face by HUD, executed by the Seller and Purchaser, and countersigned by Purchaser's Inspection Representative. Such agreentenf'shall state changes, if aA, in the terms of this Contract concerning Purchase Price and/or time for commencement and/or Substantial Completion of the Contract Work, and the agreement shall not be construed to affect these terms unless, and to the extent stated in the agreement. 2.6 INSPECTIONS DURING CONSTRUCTION (a) The Purchaser shall make inspections at least semi-monthly to determine conformity with this Contract, and HUD may also make inspections for the same purpose. Comments concerning inspections by Purchaser or HUD shall only be communicated to the Seller through the Purchaser's Inspection Representative. The results of the Purchaser's in. spections "shall be incorporated in written reports which shall include any observed defects or deficiencies in the im- provements. Purchaser shall send copies of these reports, within fie, working days of each inspection, to the Seller and to the Seller's lender for the Project. In the event of any dispute as to compliance with Exhibit B which arises in the course of the work and which cannot be resolved between the Purchaser and Seller, the Purchaser, upon request by the Seller, will estimate the amount required for correcting the defect nr deficiency. (b) Notwithstanding the provisions of this Contract concerning inspections by Purchaser and HUD, it is expressly agreed that the Seller shall be solely responsible for timely completion of the Project, in accordance with all contractual re- quirements, and failure of Purchaser or HUD to make inspections or to provide reports of the inspections, shall not diminish or affect such responsibility. 2.7 FINAL INSPECTION, ACCEPTANCE t (a) The Seller shall notify the Purchaser in writing of the date when in Seller's opinion the Contract Work, or stage where applicable, will be Substantially Completed. Unless Purchaser has determined and so notifies the Seller, that the Contract Work or stage is not Substantially Completed, Purchaser shall promptly arrange for a joint final inspection by the Purchaser, the HUD representative, and the Seller. (b) If the inspection in accordance with paragraph (a) has disclosed that the Contract Work is Substandally Completed: (I ) The Purchaser's Inspection Representative shall provide a certification to the Purchaser. in the form prescribed by HUD, (i) stating that the work is in good and tenantable condition, (ii) describing the punch list items and items awaiting seasonal opportunity to complete, and (iii) specifying the estimated amounts necessary to com- plete them, and shall also provide a copy of such certification to Seller. (2) The Seller shall deliver to the Purchaser a certification that (i) the work has been completed in accordance with this Contract except for the punch list items and items awaiting seasonal opportunity to complete listed on the certification of the Purchaser's Inspection Representative, (ii) there are no defects and deficiencies in the work except such listed items, and (iii) the work is in good and tenantable condition. (3) The Purchaser and the Seller shall agree on a proposed time schedule for completion of the items (c) Upon completion of all the conditions stated in paragraph (b) of this Section, the Purchaser shall submit for HUD approval an Interim Certificate of Completion on a fomt prescribed by HUD, which shall detail the punch list items and items awaiting seasonal opportunity to complete, and the proposed time schedule for completion of the items. (d) If the Purchaser's Inspection Representative fails or refuses to certify that the work is in good and tenantable condition at a time when the Seller believes it is in such condition, or if the Seller disagrees with determinations by said Inspec- lion Representative of punch list items and items awaiting seasonal opportunity to complete, or of the amounts necessary to correct such items, the Seller may submit to the Purchaser a written statement of his position, with sub- stantiation. 1f the parties are unable to reach agreement within 10 working days from the date of such written state- ment, either party may submit the matter to HUD for determination, and the parties hereby agree that HUD's determi. nation shall be final. If HUD's determination sustains the Seller's position, the Purchase Price shall be increased by an amount equal to interest on the amount which would otherwise have been paid to the Seller at an earlier date, for the period of delay due to the submission of the matter to HUD, at the rate applicable to the Seller's construction financing during such period. 2.8 SETTLEMENT (a) At the settlement, the Seller shall deliver the following to the Purchaser: (I ) A certification that (i) the Seller has complied with the provisions of the Contract relating to the payment of not less than prevailing wage rates, and (ii) to the best of the Seller's knowledge and belief there are no claims of underpayment in alleged violation of said provisions of the Contract (in the event there are any such pending claims to the knowledge of the Seller, the Purchaser, or HUD, the Seller shall place a sufficient amount, as deter- mined by the Purchaser and HUD, in escrow to be held by the Purchaser to assure such payments). (2) A Certificate of Occupancy and all other approvals necessary for occupancy. (3) As -built drawings of the work, at no additional cost to the Purchaser, which shall have been currently maintained during construction, which shall be reproducible drawings on a permanent type of material, and which shall show accurately deviations from the Contract drawings and the exact locations of underground utilities and ap- purtenances as referenced to permanent surface improvements. (4) Conveyance of the completed Project, to the Purchaser or assigns, by good and sufficient general warranty deed, free and clear from all encumbrances, liens or claims except those specifically excepted or reserved in Exhibit C, and vesting title which shall be good of record and in fact, and which shall be merchantable. The Seller shall also deliver, at no additional cost to the Purchaser, a title insurance policy naming the Purchaser as beneficiary, in the full amount of the Purchase Price of the Project. In case legal steps are necessary to perfect the title, such action shall be taken promptly by the Seller at the Seller's own expense, and the time for settlement shall thereby be extended for the period necessary for such prompt action. -6- HUD -53015 (10-77) 10 (5) A release and hold ha s agreement by Seller, ut the form appror - HUD, including the Sellers release of all claims under the C cl except amounts. as listed in the releas hold harmless agreement, suthheld b)' Purchaser in accordance with the Comiacl. (6) Assignment to Purchaser of all guarantees and warranties relating to the improvements and materials in equip. ment included therein, to the extent suchguarantees and warranties are assignable. These guarantees and w'ar- rantics are listed in Exhibit D. The Seller shall be obligated, for the duration of these guarantees and warranties to assist the Purchaser in asserting rights thereunder as may be required. (7) Possession of the Project, with right of occupancy in the Purchaser from that time, provided, however. that delivery of possession or actual occupancy shall not relieve the Seller of liability to perform any work required by the Contract but not completed at the time of such delivery of possession or commencement of occupancy. (h) All delinquent taxes and assessments which are a lien against the property shall be satisfied of record by the Scller. (c) All written notices of violations of governmental orders or requirements, or action in any coma on account thereof. against or affecting the Project at the time of settlement, shall be complied with by the Seller, and the Project shall be conveyed free thereof. (d) Upon satisfaction by the Seller of all requirements of this Section, the Purchaser shall pay the Purchase Price as adjust- ed in accordance with Section 2.3, minus the following withholdings: (1) The Purchaser shall withhold from the Purchase Price an amount equal to one and one-half (PF) times the amount certified by the Inspection Representative as necessary to complete the punch list items and items await- ing seasonal opportunity to complete listed on the Interim Certificate of Completion. (2')- The Purchaser shall also withhold from the Purchase Price an additional amount in connection with warranties in accordance with the terms of Section 2.10(b) unless the Seller elects to use the alternative to such withholding authorized by that Section. (e) The following adjustments shall also be made at settlement: (1) Water rent and operating charges shall be adjusted to the date of settlement. (2) Real property taxes and assessments (other than assessments for improvements benefitting the property) shall be adjusted to the Date of this Contract. (3) All outstanding assessments for improvements benefitting the property, including future installments thereon, shall be paid in full by the Seller. (4) Purchaser shall pay all closing or settlement costs, including the cost of preparing the deed, the cost incidental to execution and recordation of the deed, and all documentary taxes applicable to the transaction. 2.9 FINAL CERTIFICATE OF COMPLETION The Seller shall complete the punch list items and items awaiting seasonal opportunity in accordance with the HUD -approved time schedule for completion of the items. The Seller will be paid for such items only after inspection and acceptance by the Purchaser, and HUD approval of the payment. The Purchaser shall not accept any item if there is a dispute as to whether such item has been completed. If the Purchaser is satisfied that the Seller has completed the items listed in the Interim Certi- ficate of Completion, and has complied with all provisions of the Contract, the Purchaser shall submit to HUD for approval a Final Certificate of Completion in a form prescribed by HUD. Upon HUD approval of the Final Certificate of Completion, the Purchaser shall release to the Seller any amount withheld with respect to the items listed on the Interim Certificate of Completion. -, 2.10 WARRANTIES (a) Seller shall promptly remedy any defects due to faulty materials or workmanship which may appear within the warran- ty periods and pay for any damage to other work resulting from such defects. The warranty periods shall be: (1) one year from the date of HUD approval of the Interim Certificate of Completion for all work accepted as completed on that date, (2) one year from the date of HUD approval of the Final Certificate of Completion for all items completed since the date of approval of the Interim Certificate, and (3) one growing season for all landscaping items. (b) As assurance for the performance of the Sellers obligations under paragraph (a) of this Section, the Purchaser shall withhold from the Purchase Price an amount equal to two and one-half percent (21h%) of the Purchase Price. The with- held amount shall be used to pay the actual cost or expense necessary for performance of such obligations. Promptly after the expiration of each of the warranty periods, Purchaser shall pay to Seller any balance of such withheld amount not required for such performance, as determined by the Purchaser. No interest shall accrue to the Seller on the with- held amount. As an alternative to withholding, the Seller may furnish the Purchaser with an unconditional and irrevo- cable letter of credit unconditionally payable upon demand of the Purchaser, issued by a banking institution in the same amount. 2.11 FIRE AND OTHER CASUALTY INSURANCE The risk of loss or damage to the Project by fire or other casualty until the time of conveyance to the Purchaser is assumed by the Seller. Insurance coverage from the time of conveyance shall be the responsibility of the Purchaser. —7— HUD 53015 (10-77) 3Or% 2.12 PREVAILING SALARIES OR) :S (a) -The Seller shall pay to all architects, technical engineers. draftsmen and technicians employed in the development of the Project not less than the salaries or wages prevailing in the locality of the Project, as determined or adopted (sqb- sequem to a determination under applicable State or local law) by HUD. (b) The Seller shall pay to all laborers and mechanics employed in the development of the Project not less than the wages prevailing in the locality of the Project, as predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C., Secs. 276a to 276a5). (c) All mechanics and laborers employed in the development of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are pennitic&by regulations issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c, 29 CFR, Part 3)), the full amounts due at time of payment computed at wage rates riot less than those contained in the wage determina- tion decision of the Secretary of Labor which is attached hereto as Exhibit E and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Seller or subcontractor and such laborers and me. chanics; and the wage determination decision shall be posted by the Seller at the site of the work in a prominent place ",here it can be easily seen by the workers. For the propose of this clause, contributions made or costs reasonably anticipated under Section I (b)(2) of the Davis -Bacon Act on behalf of laburers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(I)(iv). Also for the purpose of this clause. regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (d) The Purchaser shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably to the wage determination and a report of the action taken shall be sent by HUD to the Secretary of Labor. In the event the Seller. the Purchaser and HUD cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question, accompanied by the Purchaser's recommendation, shall be reported by the Purchaser to HUD for resolution in accordance with Sec- tion eotion 2.17(a). (e) The Seller may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipa- ted in pre4iding benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, or any bona fide fringe benefits not expressly listed in Section I (b)(2) of the Davis -Bacon Act or otherwise not listed in the wage determination decision of the Secretary of Labor which is included in this Contract, only when the Secretary of Labor has found, upon the written request of the Seller, that the applicable standards of the Davis -Bacon Act have been met. Whenever practicable, the Seller should request the Secretary of Labor to make such findings before the making of the Contract. In the event of unfunded plans and programs, the Secretary of Labor may require the Seller to set aside in a separate account assets for the meeting of obligations under the plan or program. (f) The Purchaser shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or me- chanics includes a fringe benefit which is not expressed as an hourly wage rate and the Seller is obligated to pay a cash equivaleneof such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the Seller, the Pur- chaser and HUD cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the Purchas- er's recommendation, shall be reported by the Purchaser to HUD for resolution in accordance with Section 2.17(a). (g) If the Seller does not make payments to a trustee or other third person, the Seller may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract; Provided, however, the Secretary of Labor has found, upon the written request of the Seller, that the applicable stand- ards of the Davis -Bacon Act have been met. The Secretary of Labor may require Seller to set aside in a separate ac- count assets for the meeting of obligations under the plan or program. (It) The Purchaser will not make any payment under this Contract unless and until the Purchaser has received a signed statement from the Seller that such Seller and each of the Seller's subcontractors has made payment to each class of employees in compliance with the applicable preceding provisions of this Section, and Section 2.13. (i) If the Seller or any of the Seller's subcontractors finds it necessary of desirable to exceed the prevailing salary or wage rates specified in accordance with paragraph (a) or (b) of this Section, any expense incurred by the Seller or subcon- tractor because of the payment of salaries or wages in excess of such amounts shall not be cause for any increase in the amount payable under this Contract. The Purchaser shall not consider or allow any claim for additional compensation by the Seller or subcontractor because of such payments. (j) (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a Slate Apprenticeship Agency recognized by the Bureau, or if a person is employed in the first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprentice- ship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Seller as to the entire work force under the registered program. Any employee listed on a payroll at an appren- tice wage rate, who is not a trainee as defined in paragraph (2); or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work actually performed. The Seller or subcontractor will be required to furnish to the Contracting Officer or a rep- resentative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of the program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly Yates), for the area of construction prior to using any apprentices on the Contract Work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journevman's rate contained in the applicable wage determination. —8— HUD -53015 (10-77) 3 fo (2) Except as 1•yo%ided t " CFR 5.15, trainees will not be pcnmrted t l: at less than the predetermined rate for the work lkrfurmed ss the% are employed pursuant to and ind By registered in a program which has re- ceived poo: approva,.—idenced by formal certification, b� the Department of labor. Employment and Training .Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall dot be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Ever), trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress. Any o employee hsted on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secre- tary of Labor for the classification of work actually performed. The Seller or subcontractor will be required to furnish the Contracting Officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of the program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a traiojng pt,,cram, the Seller will no longer be permitted to utilize trainees at less than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (k) No laborer or mc,hanic employed in the development of the Project shall be discharged or in any other manner discrim. mated against bcrause such laborer or mechanic has filed any complaint or instituted or caused to be instituted any proceedings or bis testified or is about to testify in any proceedings under or relating to the labor standards incorpora- ted in the Contra: t. 2.13 CONTRACT WORK HOURS AND SAFETY STANDARD ACT- OVERTIME COMPENSATION As used in this Section. the terms "laborers" and "mechanics" include watchmen and guards. (a) Overtime Requirements. No Seller or subcontractor contracting for any part of the Contract Work which may require or involve the em^ oyment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which such laborer or mechanic is employed on such work to work in excess of eight hours in any calendar day or in excess of fort% hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than _one and one -halt times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hc� rs in such workweek, as the case may be. (b) Violation, liabilitt for unpaid wages, liquidated damages In the event of any violation of the clause set forth in para- graph (a), the Sc':er and any subcontractor responsible therefor shall be liable to any affected employee for unpaid wages. In addition. such Seller and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damage. shall be computed, with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a), in tire sum of S10 for each calendar day on which such employee was required or permitted to u%,ik in excess of eight flours or in excess of the standard workweek of fully hours without payment of the overtime wytes required by the clause set forth in paragraph (a). (c) Withholding for unpaid wages and liquidated damages. The Purchaser may withhold or cause to be withheld, from any monies paya a or. account o work per Orme byte Seller or subcontractor, such sums as may administratively be determined_to be necessary to satisfy any liabilities of such Seller or subcontractor for unpaid wages and liquidated damages as provide -.1 in the clause set forth in paragraph (b). (d) Compliance with ,Cct-on 107(2) of the Act. The Seller shall comply with Section 107(a) of the Contract Work Hours and Safety Stands s Act 40 U.S.C. 333 a)) and all regulations, rulings and interpretations of the Secretary of Labor issued thereunder.%hich are herein incorporated by reference. 2.14 COMPLIANCE WITH aVELAND REGULATIONS (29 CFR, PART 3) _ The Seller shall comply with the Copeland Regulations (29 CFR, Part 3) of the Secretary of Labor which are herein incor- porated by reference. 235 PAYROLLS AND RELATED REPORTS (a) Payrolls and basic records relating thereto shall be maintained during the course of the work and preserved by the . Seller and subconructors for a period of three years thereafter for all laborers and mechanics employed in the devel- opment of Die Proeet. Such records shall contain the name and address of each such employee, the correct classifica- tion, rates of pay including rates of contributions or costs anticipated of the types described in Section I (b)(2) of the Davis -Bacon Act).:aily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labo: )as found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any coma's reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2)(B) of the Davr-Bacon Act, the Seller shall maintain records which show that lite commitment to provide such benefits is enforce.ble, that the plan or program is financially responsible, and that the plan or program has been com- municated in wrhirg to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in prwrding such benefits. (b) The Seller shall suhnit weekly to the Purchaser such copies and summaries (on forms prescribed by HUD and fumished by the Purchaser) of all the Seller's payrolls and those of each of the subcontractors, as the Purchaser or HUD may require. Each suer payroll and summary shall be accompanied by a statement signed by the employer or the employ- er's agent indicatirg that (1) the payrolls are correct and complete, (2) the wage rates contained therein are not less than those determued by the Secretary of Labor, and (3) the classifications set forth for each laborer or mechanic conform with the cork performed. A submission of a "Weekly Statement of Compliance" is required under this Con- tract and the Copcaud regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent pa+roll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The Seller shall be responsible for the submission of copies of payrolls of all subcontractors. The Seller will be regtued to make the records required under this Section 2.15 available for inspection by authorized representatives of:tte Purchaser, HUD and the Department of Labor, and will permit such representatives to interview employees during corking hours on the job. Contractors employing apprentices or trainees under approved programs shall include a nnt:iion on the first weekly certified payrolls submitted to the contracting agencies that their employ- ment is pursuant trim approved program and shall identify the program. —9— HUD -53015 (10-77) 3V (e) The Seller shall also form ' the Purchaser any other information or cer l'—lions relating to employees 1n such form as the Purchaser may requ 2.16 WAGE CLAIMS AND ADJUSTMENTS o In case of underpayment of salaries or wages to any architects, technical engineers, draftsmen, technicians, laborers, or mechanics (including apprentices and trainees) by the Seller or any of the Seller's subcontractors, the Purchaser may with - )told from the Seller out of payments due, an amount sufficient to pay persons employed on the work covered by the Con. tract the difference between the salaries or wages required to be paid under the Contract and the salaries or wages actually paid such employees for the Iota] number of hours worked, and the amounts withheld may be disbursed by the Purchaser for and on account of the Seller or the subcontractor to the respective employees to whom they are due. 2.17 DISPUTES CONCERNING WAGE RATES AND CLASSIFICATION OF LABOR (a) All disputes concerning the payment of prevailing wage rates or classifications arising under this Contract or under any subcontract shall be promptly reported by the Purchaser to HUD for decision or, at the option of HUD, referral to the Secretary of Labor. The decision of HUD or the Secretary of Labor, as the case may be, shall be final. (b) All questions arising under this Contract or any subcontract relating to the application or interpretation of the Cope- land Act, the Contract Work Hours and Safety Standards Act or Section 12 of the United States Housing Act of 1937 shall be referred by the Purchaser to HUD for ruling or interpretation or, at the option of HUD, referral to the Secre- tary of Labor. The ruling or interpretation by HUD or the Secretary of Labor, as the case may be, shall be final. 2.18 TERMINATION BECAUSE OF VIOLATION OF LABOR PROVISIONS t Seller's breach of Sections 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, or 2.19 may be grounds for termination of this Contract and for debarment as provided in 29 CFR 5.6, or 24 CFR, Part 24. 2.19 INSEf1TION OF LABOR PROVISIONS IN SUBCONTRACTS The Seller shall insert in any subcontracts the provisions (appropriately modified) of Sections 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, and 2.19, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may -enter into together with a clause requiring this insertion in any further subcontracts that may -in turn be made. 2.20 EQUAL EMPLOYMENT OPPORTUNITY (a) During the performance of this Contract, the Seller agrees as follows: (1) The Seller will not discriminate against any employee or applicant for employment because of race, color, re- ligion, sex, or national origin. The Seller will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national orign. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion: and selection for training, including apprenticeship. The Seller agrees to post in conspicuous places, availa- ble to employees and applicants for employment, notices to be provided by the Purchaser setting forth the provi- sions of this Equal Opportunity clause. _ (2) The Seller will, in all solicitations or advertisements for employees placed by or on behalf of the Seller, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Seller will send to each labor union or representative of workers with which Seller has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Purchaser advising the said labor union or workers' representative of the Seller's commitments under this Section 2.20, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Seller will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Seller will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to the Seller's books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. F (6) In the event of the Seller's noncompliance with the Equal Opportunity clause of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Seller may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 ] 246 of September 24, 1965, or by rules, regulation, or order of the Secretary of Labor or as otherwise provided by law. (7) The Seller will include the provisions of paragraph (a) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Seller will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Seller becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Seller may request the United States to enter into such litigation to protect the interests of the United States. - to- HUD -53015 (10-77) 37o2-- (b) In the event the lender lake' ^r performance of this Contract, the ler�de, Ihaq, with respect to am obligations im. posed to ctpmcction with it ntract pursuant to Executive Order 11246 egulations issued pursuant thereto, be considered an applicant and not a contractor. The lender shall, in such eve,,,, oe subject to all obtheations of an appli- cant under said Order and regulations, and shall be subject to the obligations of an applicant. contained in the Equate Opportunity clause appearing in 24 CFR Section 130.15(b) of regulations of the Department of Housing and Urban Development in lieu of the obligations of the Seller contained in paragraph (a) of this Section 2.20. 2.21 SECTION 3 OF THE HUD ACT OF 1968 (EMPLOYMENT AND 13USINESS OPPORTUNITIES FOR LOK'ER IN- COME RESIDENTS OF PROJECT AREA) (a) The work to be performed under this Contract is on a Project assisted under a program providing direct Federal financ- ial assistancg, from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as. amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Project. (b) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. t(c) Tire Seller will send to each labor organization or representative of workers with which the Seller has a collective ° bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places avntjable to employees and applicants for employment or training. (d) The Seller will include this Section 3 clause in every subcontract for work in connection with the Project and will, at the direction of the Purchaser, take appropriate action pursuant to the subcontract upon a finding that the subcon- tractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR, Part 135. The Seller will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 2.22 PROHIBITION AGAINST TRANSFER OF CONTRACT OR PROJECT (a) The Seller agrees that Seller has not made, and that Seller shall not make or agree to make, any sale, assignment, con- veyance, or transfer in any other form, of this Contract or the Project, or any part thereof or any interest therein ex- cept as follows: (1) To an entity to which this Contract has been assigned with the prior written consent of the Purchaser and HUD. (2) To Seller's lender for the purpose of obtaining financing of the completion of the Project, to which assignment the Purchaser and HUD shall consent in writing if requested by the Seller or the lender. - = (b) For the purposes of this Section, a transfer of stock in the Seller, in whole or in part, by a party holding 10 percent or more of the stock of the Seller, or a transfer by more than one stockholder of the Seller of 10 percent or more of the stock of the Seller, or any other similarly significant change in the ownership of such stock or in the relative distribu- tion thereof, or with respect to the parties in control of the Seller or the degree thereof, by any other method or means, whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of new or additional stock or classification of stock or otherwise, shall be deemed an assignment or conveyance with respect to this Contract -or the Project. With respect to this provision,. the Seller and the parties signing this Contract on behalf of the Seller represent that they have the authority of all the Seller's existing stockholders to agree to this provision on their behalf and to bind them with respect thereto. The Seller agrees to notify the Purchaser promptly of any such proposed transfer and to request written approval thereof. 2.23 THIRD PARTIES (a) Nothing in this Contract shall be construed to create any relationship between (1) Seller's lender or any subcontractor or supplier oo the one hand, and (2) the Purchaser or HUD on the other. No action may be brought by Seller's lender or any subcontractor or supplier against the Purchaser or HUD based on this Contract. (b) The Seller shall insert in any subcontracts the provisions (appropriately modified) of this Section 2.23; and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 2.24 CONFLICT OF INTEREST No member, officer or employee of the Purchaser, no member of the governing body of the locality in which the Project is situated, no member of the governing body of the locality in which the Purchaser was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Project, shall have any interest, direct or indirect, during his or her tenure or for one year thereafter, in this Contract or the proceeds from the Contract. — I l — HUD -53015 (1077) 393 "EXHIBIT C - Land" Legal Description Parcel 1: 333 South Lucas Street Beginning at the Northeast corner of Block Three of Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof being also a point on the West line of South Lucas Street; Thence SO 25'33"W, 50.00 feet on said West line; Thence Wesis 158.21 feet to the East line of the alley; Thence N0020'39"W, 50.00 feet on said West line to the South line of said Outlot 28; Thence East 158.51 feet to the Point of Beginning. Said tract containing 7927.00 square feet. City retains a permanent storm sewer easement over the north 72 feet of the above-described tract; in addition, City retains a permanent sanitary sewer easement, as follows: Commencing at the NE corner of Block Three of Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof being also a point on the West R.O.W. line of South Lucas Street; Thence S0125'33"W, 50 feet on said West R.O.W. line; Thence West 131.5 feet to the Point of Beginning; Thence West 13 feet; Thence Northwesterly to a point on the East R.O.W. line of the alley, said point lying 33 feet South of the NW corner of Block Three in said addition; Thence NOOo20'39"W, 16 feet on said East R.O.W. line; Thence Southeasterly to the Point of Beginning. Parcel 2: 900 Block North Dodge Street (Old Water Tower Site) Commencing at the intersection of the South line of Section 3, Township 79 North, Range 6 West.of the 5th. Principal Meridian and the centerline of North Dodge Street, Thence North 55.8 feet; Thence N26027'E, 604.3 feet; Thence N37042'E, 144.5 feet; Thence N52Ql8'W, 33.0 feet to the Westerly line of North Dodge Street and the'Point of Beginning as platted and recorded in Johnson County, Iowa, Book 5, page 61; Thence N39005'43"W, 209.90 feet; Thence N48037'50"E, 126.68 feet; Thence S37022'50"E, 186.62 feet to the Westerly line of North Dodge Street; Thence on said Westerly line at North Dodge Street S37042'00"W, 124.28 feet to the Point of Beginning; said tract containing 24,491.0 square feet. City retains a permanent storm sewer easement over the northeasterly 5 feet of the above-described tract. Parcel 3: 1900 F Street Beginning at the Southeast corner of Block 41, East Iowa City, in Section 14, Township 79 North, Range 6 West of the 5th. Principal Meridian; thence North 105 feet along the East line of said Block 41; thence Northeasterly along a line to a point that is 147.5 feet North of the Southwest corner of Block 34, of said East Iowa City; thence South 147.5 feet to the Southwest corner of said Block 34; thence S89052'40"W, 75 feet to the Point of Beginning. Said tract of land contains 0.22 acres. City retains a permanent Public Utility easement over the East 20 feet of said tract, together with the South 10 feet of the West 10 feet of the above-described tract for an overhead utility easement. n. ,9l -2 - Parcel 4: 1200 Hiohland Avenue Beginning at the Southeast corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa, as recorded in Book 3, Page 126 of the Johnson County Recorder's Office; Thence N01003'34"E 139.30 feet along the Westerly R.O.W. line of Pickard Street to the SE corner of Lot 43 of said Kirkwood Place; Thence easterly 60.00 feet to the Southwest corner of Lot 47, Kirkwood Place; Thence S01003'34"W 139.90 feet along the easterly R.O.W. of Pickard Street to the SW corner of Lot 58 of said Kirkwood Place; Thence N88049'00"W 60.00 feet along the Northerly R.O.W. line of High- land Avenue to the Point of Beginning. City retains a permanent sanitary sewer easement over the following described property: Commencing at the NE corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa as recorded in Book 3, Page 126 of the Johnson County Recorder's Office; Thence S88059'46" E, 15.0 feet to the Point of Beginning. Thence S88159'46"E 16.0 feet; Thence South- easterly to a point that is 501003'34"W of and 60 feet from the NW corner of Lot 58 in said addition; Thence S01003134"W 22 feet along the Easterly R.O.W. line of Pickard Street; Thence North- westerly to the Point of Beginning. Parcel 5: 2721 and 2727 Muscatine Avenue Lots 1 and 2, in Block Three, in Towncrest Addition Part Two revised to Iowa City, Iowa, according to the plat thereof and described as follows: Commencing at a point on the centerline of the pavement of Muscatine Avenue in Iowa City, Iowa, said point being 1299.87 feet East of the Northwest corner of the Southwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th. P.M.; Thence S0037'W, 40.00 feet; Thence East 165 feet; Thence South 148 feet; Thence East 160 feet to the Point of Beginning; Thence North 148.00 feet; Thence East, 159.45 feet; Thence S01016'58"E, 148.30 feet; Thence N89049'12"W, 82.77 feet; Thence West 80.00 feet to the Point of Beginning. Said tract containing 23,854 square feet. All in accordance with the recorded plat in Plat Book 6, page 6, Johnson County, Iowa. Subject to permanent sanitary easement of record, Book 550, page 330 in the Johnson County Recorder's Office, as indicated in "Exhibit A". Parcel 6: 1926 and 1946 Broadway Lot 2, of Block 2 of Braverman Center, Iowa City, Iowa, according to the recorded plat thereof. Recorded in Plat Book 7, page 20 of the plat records of Johnson County, Iowa. no 3%s EXHIBIT D -- GUARANTEES AND WARRANTIES (Project No. IA 22-3) (Iowa City, Iowa) °o c Pursuarft to Section 2.8(a) (6) of this Turnkey Contract of Sale for Project No. IA 22-3, the Seller shall deliver to the Purchases (at the times of settlement as defined in said Turnkey Contract of Sale) an assignment to Purchaser of all guarantees and warranties relating to the improvements and materials or equipment included therein, to the extent such guarantees and warranties are assignable. The Seller shall be obligated, for the duration of these guarantees and warranties, to assist the Purchaser in asserting rights thereunder as may be required. These guarantees and warranties include, but may not be limited to, the following items: 1 d 1. Prefabricators Certification Form 2. Soil Treatment 3. Cellulose Insulation 4. Sheathing 5. Windows 6. Exterior Doors 7. Exterior Siding = 8. Roofing Shingles 9. Vent Fan - 10. Plumbing Fixtures 11. Carpeting 12. Cabinetry 13. Laminates 14. Range Hood 15. Appliances - 16. Interior Doors S Trim — 17.- Hardware — 18. Heating Equipment -1-9. Plantings- - -- - '- --- 3 g G - U, S. DEPARTMENT OF LABOR. REQUEST FO)i DETERMINATION (Davis Bacon Act as Amended EMPLOYMENT STANDARDS ADMINISTRATION AND RESPONSE TO REQUEST and Related Statutes) FOR DEPARTMENT Reque ing fticef�yp ame nd sign: re) CHECK OR LIST CRAFTS NEEDED OF LABOR USE J t� CQ `7e� (Atlac contin ation sheet if needed) �rus lJ. R. Vleet, Acti g Supervi workers Response To Request Degartment• AFency,. or urie�u Phone Number ment o ousing an Development — Boilermakers a. [] Use area determination 'area pa Room 259 Fed. Bldg., 210 Walnut Street FTS 862-4467 ,GBricklayers 1GCarpenters issued for this . ra U1.9 aq� 1ci4nelSf Est. Advertising Date Est.XN== W; f� Date _LLCement masons Const. Start 1�IElectricians Early Spring, 1981 _Glaziers Prior Decision Est. $ Value of Contract Type of Work _ Ironworkers Number (if any) ❑ Under y) Mil. ()I to 5 Mil. ❑ Bldg. ❑.Highway ✓Laborers, (specify classes) 315 El 1/2 to 1 Mil. ❑Over 5 Mil. )0 Resid. ❑ Heavy —tom enllh n'o- _ ���s b. I<The attached decision noted below is applicable Location of Project (city or other description) to this project Iowa City Dacision Number County State p 81 — I K_ I Johnson Iowa _Lathers kf:_� ' the setters, . Date of.pecisign Address to which wage determination should be mailed. Must be '-_ v " complete and include ZIP Code. (Print or type) n �1 ^ ✓Painters _Piledrivermen Plasterers Expires r /0^. O ^ 0 I ^^ Ali ! — ✓Plumbers _✓Roofers Supers des D cision Number Qepartment of Housing & Urban Development �•••-� D -S i'+' "'• '' ""soft -Sheet metal workers F.00m 253 Fed. Bid;., 210 Walnut Street SEnVICE OFFICE floor layers Des Moines, Iowa 50309 —Steamlitters Approved _Welders --rate for craft ATTN: Jane E. Newberry, Wage Rate ClerkTruck drivers -L,Povier equipment operators, Wage Survey by Agency Attached Wage Survey by Agency in Progress(specifyltypes) �> E] YES © NO ❑ YES ® NO v bu )�GtG'Zt P r�ir r"; =Descr;ption of Work (Be specific) (Print or type) IA 22-3 E"" Sic 1:Govcrrr. c.^,� Ca--,,;. ,. _ scattered sites, single family, new construction Other crafts ti:T e cc_.._ - D 1':::iraions iiSion Public Housing ,o 3-11-102 STANDARD FOR.`.1;, 33S JU%E 1577 (THIS REPLACES FOMS DB -11 & DB -11 a) cro: lWf 0-471-9l7 U.S. DEPART: •E`T OF LABCR (]9 C�R)5•.nf.pp A. P,•ts Bricklayers Canent Masons Electricians Carpenters/Drywall Installers Iro=nworkers iaborers Painters Plumbers Roofers Sheet Metal Workers PCKIER EQUIPN E��ITi OPERATORS: Backhoe Endlaoder Grader 0 Fringe Benefits Payments O 0 Education S c H & W c Vacation and/or Appr. Tr. $12.20 8.00 rn 7.67 _ G) ) 6.93 8.75 i .i -1 0 349 -Iowa -1 Basic Hourly Fringe Benefits Payments O 0 Education S c H & W 349 -Iowa -1 Basic Hourly Fringe Benefits Payments Education Rates H & W Pensions Vacation and/or Appr. Tr. $12.20 8.00 7.67 6.93 8.75 5.43 7.50 8.13 5.58 7,20 8.75 7.75 7.00. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only *as provided in the labor standards contract clauses (29 crit, 5.5 (a) (1) (ii) . 39� Q EXHIBIT F -- SCHEDULE OF STAGED COMPLETION STAGE ; - CONSISTS OF 6 UNITS ON SITES 1, 2, 3 AND 4. START OF CONSTRUCTION NO LATER THAN JUNE 15, 1981. COMPLETION AND ACCEPTANCE NO LATER THAN SEPTEMBER . 1981. PURCHASE PRICE $ 339.444 LESS 5% WITHHOLD $ 16.972 PAY OUT WITHIN 10 DAYS OF ACCEPTANCE STAGE II CONSISTS OF 8 UNITS ON SITE 5. START OF CONSTRUCTION NO LATER THAN COMPLETION E ACCEPTANCE NO LATER THAN PURCHASE PRICE LESS 5% WITHHOLD PAYOUT WITHIN 10 DAYS OF ACCEPTANCE STAGE III CONSISTS OF 18 UNITS ON SITE 6. START OF CONSTRUCTION NO LATER THAN COMPLETION & ACCEPTANCE NO LATER THAN PURCHASE PNicE PLUS 5% WITHHI=LD FROM STAGE I E II *PAYOUT WITHIN 10 DAYS OF ACCEPTANCE rau via k5s 341,466 SEPTEMBER 14, 1981. APRIL 5. 1982 $ 872.493 $ 34.046 *SEE PARAGRAPH 2.10 CONCERNING WITHHOLDING AS ASSURANCE FOR THE PERFORMANCE OF THE SELLER. SEE EXHIBIT C (LAND - LEGAL DESCRIPTION) FOR COMPLETE LEGAL DESCRIPTION OF EACH SITE. SEE EXHIBIT B (PLANS AND SPECIFICATIONS)FOR COMPLETE DES- CRIPTION OF IMPROVEMENTS. $ 322.472 S 324.412 $ 906.539 $1,553,423 399 EXHIBIT G -- EXTRACT OF MEMORANDUM OF UNDERSTANDING DATED MAY 21, 1981 ITEM #5: " IF IT IS DISCOVERED DURING CONSTRUCTION THAT THE ADDED EXCAVATION AS DETERMINED BY THE PURCHASER AS APPROVED BY HUD; AS INDICATED IN THE SOILS REPORT IS NOT REQUIRED, THE DEVELOPER WILL SUBMIT CHANGE ORDERS 1 ' TO REDUCE THE CONTRACT PRICE AS FOLLOWS: SITE NO. I - NO ADDITIONAL EXCAVATION OR COMPACT FILL. SITE NO. II - $1,558 DEDUCT. SITE NO. III - SAME AS NO. I. SITE NO. IV - $612 DEDUCT. SITE NO. V - $1,300 DEDUCT. SITE NO. VI - $6,379 DEDUCT. THE ABOVE WILL BE INCLUDED AS AN EXHIBIT TO THE CONTRACT OF SALE." r RESOLUTION NO. 81-133 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LESLIE COLE FOR THE LEASE OF CROPLAND. WHEREAS, the City of Iowa City and Leslie Cole have negotiated an agreement for the lease of approximately 15 acres of cropland owned by the City and located east of and adjacent to the South Ralston Creek Dam in Iowa City, Iowa; and WHEREAS, this lease agreement will mutually benefit both parties, Leslie Cole being entitled to grow and harvest grain sorghum and the City receiving the benefits of weed and erosion control and atrizine dissipation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the lease agreement between the City of Iowa City and Leslie Cole for the lease of said cropland. It was moved by rerret and seconded byyevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 2nd day of June , 1g��. l Mayor Attest: City Clerk Received & Approved By The Legal Department z 6 gd3 LCJ-y �c� LEASE THIS LEASE made and entered into this / day of �' 19�/ by and between the City of Iowa City, Iowa, (hereinafter calf ed Lessor"rand Leslie Cole (hereinafter called the Lessee") whose address for a purpose of this lease is R.R. 5, Box 58, Iowa City, Iowa, contains the following terms and agreements: WITNESSETH 1. The Lessor agrees to rent to the Lessee and the Lessee agrees to rent from the Lessor approximately fifteen (15) acres of cropland owned by the City of Iowa City, Iowa, and located east of and adjacent to the South Ralston Creek Dam in Iowa City, Iowa. 2. The term of this lease shall be from June 1, 1981, or when this lease agreement is executed, whichever is later, through November 15, 1981, or when the harvest of crops is completed from said cropland in the Fall, 1981, whichever is later. Lessee shall not continue to use said cropland for the following crop year (i.e., 1982). Lessor and Lessee mutually agree that this shall constitute written notice of termination pursuant to 8562.6 of the Code of Iowa. 3. Lessee agrees to pay Lessor as rental for said cropland and for the rights and privileges herein granted to the Lessee, a term rental of one (1) dollar, payable on or before July 1, 1981. 4. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the date and close of this lease term. 5. Lessee agrees during the term of this lease to use said cropland only for the growing and harvest of grain sorghum to be planted with a grain drill with seven (7) inch rows. Lessee shall be entitled to the crop. This use of said cropland by the Lessee will result in the following benefits for the Lessor: the dissipation of atrizine and the control of erosion and weeds. 6. Lessee agrees not to sell, assign or sublet this agreement or lease, without the written permission of the Lessor. 7. Lessee agrees not to permit or allow any of said cropland to be damaged by any negligent act or omission of the Lessee or its employees, and agrees to surrender all rights, privileges and premises at the expiration of this lease in as good condition as at the beginning, normal wear and tear excepted. Lessee further agrees to commit not waste and to permit no illegal act on the property and to allow Lessor free access to inspect the same at all reasonable times. 8. Lessee agrees to protect, indemnify and save harmless the Lessor from and against all loss, costs, damage and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon or about the leased premises, and due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Lessee or any person claiming through or under the Lessee. 9. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Lessor or Lessee shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Lessor and Lessee. The lease contains the whole agreement of the parties. IN WITNESS WHEREOF, we have affixed our hands the date first above written. CITY OF IOWA CITY, IOWA LESLIE COLE B By: l John Balmer, Mayor "L SSEE" ATTEST: Abbie Stolfus, City Clerk "LESSOR" Realvsd & Approval By The Legal DepaMmnt RESOLUTION NO. 81-134 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1981. BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey, Hendrickson & Company, Certified Public Accountants, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1981. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Vevera and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x _ x X X x X Passed and approved this 2nd Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera day of June , 1981, 4`� AYOR - �- - CITY CLERK Received $ Approved By The Legal Departmenf Biu✓ s a� = B"/ 4440.5- RESOLUTION NO. 81-135 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH THE IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, information and referral services in Iowa City, and direct aid to transient persons, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Crisis Intervention Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. i '1 _ ^� AYOR ATTEST: / CITY CLERK Received & Approved RC7) lLegal Deparhmn4 4(4(o AGREEMENT This Agreement was made and entered into on the day of 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Iowa City Crisis Intervention Center for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Iowa City Crisis Intervention Center 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, or disability. 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. 2. The Iowa City Crisis Intervention Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Iowa City Crisis Intervention Center agrees to provide assistance to individuals including, but not limited to, counseling and information and referral services; emergency transportation and food provisions for local residents; and vouchers and arrangements for emergency shelter, food and transportation assistance for transients through its Transient Service. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $8,500 in FY82 with the agreement that $2,500 shall be allocated toward operating expenses of the Transient Service and $6,000 shall be allocated toward operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Crisis Center in quarterly payments of $2,125 each. The first payment will be made at the time of signing of this agreement. 407 2 B. The Iowa City Crisis Intervention Center Director will submit quarterly program reports and an annual report to the City. C. The Iowa City Crisis Intervention Center will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement staff shall be considered employees of the Iowa City Crisis Intervention Center and any fringe benefits received by the staff shall be through the said Iowa City Crisis Intervention Center. The employees and agents of the Iowa City Crisis Intervention Center shall comply with personnel policies formulated by its Board of Directors. E. The Iowa City Crisis Intervention Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Iowa City Crisis Intervention Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Iowa City Crisis Intervention Center acting as its own agent agrees to defend indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Iowa City Crisis Intervention Center staff, including but not limited to injuries to persons or properties served by or coming into contact with the Iowa City Crisis Intervention Center. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 9 the City of a, OH R. BALMER, MAYOR ATTEST: A TT ' ABBIE STOOLFUS, CITY,"CLERK For the Iowa City Crisis Center: NAM E Received 2, Approved 13y The Legal Department La RESOLUTION NO. 81-134 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1981. BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey, Hendrickson & Company, Certified Public Accountants, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1981. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Vevera and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 2nd day of June 1981. 1 / AYOR �— CITY CLERK Received & Approved By The Legal Department 0/d fro/ lam. RESOLUTION NO. 81-136 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE.DOMESTIC VIOLENCE PROJECT. WHEREAS, the City Council of Iowa City deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Project is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to domestic violence victims, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Project is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk tp attest this agreement. It was moved by Erdahl and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser x Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. -MAYOR ATTEST: CITY CLERK Received & Approved Legal DepayiIinent 4Z// AGREEMENT This Agreement was made and entered into on the day of , 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Domestic Violence Project for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Domestic Violence Project 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, or disability. 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. 2. The Domestic Violence Project shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Domestic Violence Project agrees to provide assistance to individuals who are victims of situations of domestic violence including, but not limited to, temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. II. FUNDING The City of Iowa City shall pay to the Domestic Violence Project the sum of $4,750 in FY82 with the agreement that these funds will be allocated toward operating expenses of the Domestic Violence Project. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Domestic Violence Project in two payments of $2,375 each. The first payment will be made at the time of signing of this agreement and the second on January 1, 1982. B. The Director of the Domestic Violence Project will submit quarterly program reports and an annual report to the City. WZ 2 C. The Domestic Violence Project will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement staff shall be considered employees of the Domestic Violence Project and any fringe benefits received by the staff shall be through Domestic Violence Project. The employees and agents of the Domestic Violence Project shall comply with personnel policies formulated by its Board of Directors. E. The Domestic Violence Project shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Domestic Violence Project to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Domestic Violence Project acting as its own agent agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Domestic Violence Project staff including, but not limited to, injuries to persons or properties served by or coming into contact with the Domestic Violence Project. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. x 4Z/3 For the City of Iowa, Iowa: �'�-r JOHN R. BALMER, MAYOR 6 For the Domestic Violence Project: A� TITLE /5 ATTEST: /; L /l lL/t.,,,lJ ATTEST,.,.,,,�.c�lov J ABBIE STOLFUS, CITY CLERK NAME TITLE Received &, Approv�il By The Legal Deparinnent S— Z0—k/ l�14 � RESOLUTION NO. 81-137 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELDERLY SERVICES IN THE IOWA CITY AREA WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older 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 empowered by the State law to enter into contracts and agreements, and WHEREAS, the Elderly Services Agency of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk tp attest this agreement. It was moved by Perret and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this i ATTEST: CITY CLERK Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera 2nd day of June 1981. M YOAR Received $ Approved By The Legal Department al -5 AGREEMENT This Agreement was made and entered into on the day of , 1978, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Johnson County Elderly Services Agency, hereinafter referred to as the "ESA" for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. ESA 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, or disability. 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. 2. The ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The ESA agrees to provide to elderly residents of Johnson County the information and support services herein described, in order to identify and assist in responding to their needs and concerns. 1. The ESA agrees to provide a comprehensive Information and Referral service for elderly residents of Johnson County which shall include the following components: a. Maintenance of a current information file on services and resources available to Johnson County elderly. b. Publicization of the ESA Information and Referral service through available media resources,. C. Response to requests for information about community resources for the elderly and referral of elderly individuals to appro- priate resources to meet their needs. d. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. 1541V 2 e. Maintaining records of all Information and Referral contacts and related calls in la, ld and le, including specific informa- tion on needs which cannot be met by existing resources. 2. The ESA agrees to provide an Outreach service to identify needs and concerns of elderly persons in Johnson County and to inform them of ESA and other community services available to assist in meeting such needs. a. The ESA shall publicize its Outreach service through available media resources. In addition, the ESA shall maintain a speakers bureau to provide information on available services, as well as concerns of the elderly, to citizen, professional and other community groups in an effort to utilize persons who may be aware of individual elderly needs to reach as many elderly persons as possible. b. The ESA shall provide a referral or liaison to community resources where necessary and appropriate. C. The ESA shall record and maintain information on needs which cannot be met by existing resources. 3. The ESA agrees to coordinate a Chore and Support service for Johnson County elderly in need of same. a. Coordination shall include recruitment, screening, and matching of volunteers and clients; maintenance of a current file of available volunteers; and follow-up to assure satisfaction of both parties. b. Chore services to be provided shall include minor home repairs, yardwork, and snow removal. C. Support services to be provided shall include friendly visiting, telephone reassurance, good neighbor, and transportation assistance. 4. The ESA agrees to provide advocacy for the needs and concerns of Johnson County elderly on an individual and group basis as the need arises, including: a. Group advocacy with governmental policymakers, business and civic community groups on unmet needs brought to the ESA's attention through its Information and Referral and Outreach services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to ESA's Information and Referral, Outreach, and Chore and Support Service programs when a client has difficulty in obtaining a service or when provision of a service is unsatisfactory. 0/.7 3 II. FUNDING The City shall pay to the ESA the sum of $21,400 in FY82 with the agreement that these funds shall be allocated toward administration, travel, equipment and supplies necessary for the operation of the program described herein. It is understood that the agency's administrative offices shall be located in the Senior Citizen Center from such time as space for said offices is made available to the ESA by the City. The space for ESA shall be as allocated by the Senior Center Commission. III. GENERAL ADMINISTRATION A. The City shall transfer the funds to the ESA in quarterly payments of $5,350 each. The first payment will be made at the time of signing of this agreement. B. The ESA Director will submit quarterly program reports and a final report to the City. C. The ESA will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, staff shall be considered employees of the ESA and any fringe benefits received by the staff shall be through the said ESA. The employees and agents of the ESA shall adhere to personnel policies formulated by its Board of Directors. E. The ESA shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. The ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with the minimum amounts. Copies of said policies are to be furnished to the City upon request. F. The ESA, acting as its own agent, agrees to defend, idemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the ESA staff, including, but not limited to, injuries to persons or properties served by or coming into contact with the ESA. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. 0 4 16 H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: /JOHN R. BALMER, MAYOR ATTEST: z/ _ Ate -z� ABBIE STOLFUS, CITY,CLERK For Johnson Co. Elderly Services Agency: NAME TITLE ATTEST: Ia_ NAME r TITLE € ecas led A Appravad By The Legal Depa :rant '= rz S - -D-0-8"/ RESOLUTION NO. 81-138 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 18, who are either current ADC recipients or who are determined to be disadvantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, Mayor's Youth Employment Program provides assistance in develop- ing youth with positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, 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 Clerk be to attest this agreement. It was moved by Neuhauser and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. _�A O R ATTEST: �. CITY CLERK Received & Approved By The Legal Department cam/ S a 7- F 41.10 AGREEMENT This greement was made and entered into on the day of 1981, by and between the City of Iowa City, Iowa, a mun" ipal corporation, hereinafter referred to as the "City," and the Mayor's Youth program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Mayor's Youth Employment Program 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, or disability. 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. 2. The Mayor's Youth Employment Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Mayor's Youth Employment Program agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 18 who are currently recipients of ADC or socially and economically disadvantaged. It shall provide job training, vocational and career counseling, and assist youths to develop positive work habits so that future employment opportunities will be enhanced. Mayor's Youth agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for Mayor's Youth to secure employment in the private sector through referral. II. FUNDING The City shall pay $21,000 to provide these services during the 1981-82 school year (9.5 months). It is understood that the State of Iowa, the City of Coralville and the Iowa City School District shall also contribute to Mayor's Youth. 4zzi 2 III. GENERAL ADMINISTRATION A_ The City will provide accounting and payroll services for the Mayor's Youth Employment Program during the school year program. B. The Mayor's Youth Director shall submit monthly program reports, minutes, and an annual report to the City. C. The Mayor's Youth Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this Agreement, the Director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position should be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the Director. The Director shall be entitled to employment benefits of the City including sick leave and vacation. Upon termination, the Director shall be compensated for any accumulated vacation or sick leave in accordance with the City's personnel rules. Both the Director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities; however, prior approval for expenditures must be obtained from the City Manager or his designee. D. The City shall not assume responsibility for any torts, wrongdoings, or criminal action caused by youths employed through the Mayor's Youth Employment Program. E. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. F. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 4(*?Z For the City of Iowa, Iowa: For the Mayor's Youth Employment Pro ram: 4OHN2R.==BALME MA R NAME ATTEST: ABBIE STOLFUS, CITW CLERK 1 11Y'QC�or \�\�H�s \o`•`y TI ATTEST: ( Iia -06�u�R�t� NAME TITLE bteceived 0, App-,oved �y the peg.! ®epa,,,,nen�/ 41x3 RESOLUTION NO. 81-139 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE PALS PROGRAM OF JOHNSON COUNTY EXTENSION SERVICE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, PALS Program provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the PALS Program is a non-profit program of the Johnson County Extension Service which is organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lynch and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. AYOR ATTEST: CITY CLERKy Received & Approved By jhe Legal Department `S 7- fl � � AGREEMENT This Agreement was made and entered into on the day of , 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the PALS Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The PALS Program 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, or disability. 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. 2. The PALS Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, martial status, sexual orientation, or disability. I. SCOPE OF SERVICES The PALS Program agrees to provide a program whereby youths between the ages of 6 and 14 years of age are matched with adult volunteers, who will provide guidance and companionship. II. FUNDING The City of Iowa City shall pay to the PALS Program the sum of $17,000 in FY82 with the agreement that these funds shall be allocated toward the salaries of the program coordinator and caseworkers of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the PALS Program in quarterly payments of $4,250 each. The first payment wilt be made at the time of signing of this agreement. B. The PALS coordinator shall submit quarterly program reports and an annual report to the City. C. PALS will provide to the City a quarterly accounting of funds and a report at the end of the contract period. 4VS 2 D. For the purposes of this agreement, the coordinator shall be considered an employee of Johnson County Extension Service and any fringe benefits received by the coordinator shall be through the Johnson County Extension Service. The Coordinator of the PALS Program shall adhere to the personnel policies of Johnson County Extension Service. E. The PALS Program shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the PALS Program to maintain such a policy shall constitute immediate termination of this agreement and all rights and privileges contained herein. F. The Johnson County Extension Service, acting as an agent on behalf of Johnson County, agrees to defend, indemnify, and save harmless the City of Iowa City and its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, or for any torts or wrongdoings caused by the PALS staff, but not limited to any injuries to persons or property served by or coming into contact with the PALS Program. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 4Q4 $ 3 v For the City of wya , s 0 N R. BAD MER, MAYOR ATTEST: ABBIE STOLFUS, CITY,CLERK ATTEST-�� TITLE Received w Approved 13y The Legal Department ���� ✓ S - )-C) - RESOLUTION NO. 81-140 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA 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 emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by 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 State laws of Iowa, 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 this agreement. It was moved by Erdahl and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of ,lune 1981. MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Department AGREEMENT This Agreement was made and entered into on the day of , 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Rape Victim Advocacy Program 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, or disability. 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. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical, and law enforce- ment advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speakers bureau which provide current statistics and information on sexual crimes and prevention. II. FUNDING The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $8,073 in FY82 with the agreement that these funds shall be allocated toward the salary of the full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments of $4,036.50 each, the first to be made at the time of signing of this agreement and the second to be made on January 1, 1981. `1 0? 2 B. The Coordinator of the Rape Victim Advocacy Program shall submit quarterly program reports and an annual report to the City. C. The Rape Victim Advocacy Program will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. The University of Iowa agrees that -the Rape Victim Advocacy Program is a University sponsored activity and that the Program Director, employees, agents, officers, and volunteers are employees of the University of Iowa and not the City of Iowa City and that the University of Iowa will defend and indemnify the program, its employees, agents, officers and volunteers against claims pursuant to the terms of the Iowa Code, Chapter 25A. E. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. F. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: For the Ripe VigLjm Agvocacy 4OHiN R. BALMER, MA 1 IIILL ATTEST: ATTEST: ABBIE STOLFUS, CITY,.CLERK Received A Appro%red By The Legal Npartmeni 5-20—f-/ RESOLUTION NO. 81-141 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH 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, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for 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, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk tp attest this agreement. It was moved by Erdahl and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 211d day of ,Tune 1981. X41 / MAYOR ATTEST: CITY CLERK Received & Approves By The Legal Department S- .Z -7- kl 10/ AGREEMENT This Agreement was made and entered into on the day of , 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the United Action for Youth for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The United Action for Youth 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, or disability. 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. 2. The United Action for Youth shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES U.A.Y. agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities and to facilitate meeting the same in the best interest of the individual with regard for the community. 1. U.A.Y. agrees to comprehensively plan and conduct an Outreach Program to locate youths 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: a. Staff and maintain a U.A.Y. 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. 11321 2 d. Maintain records of Outreach workers, including youth contacts, activities and referrals. 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determin- ing 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 to meet their needs or improve 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. U.A.Y. agrees to provide an evaluation mechanism through fiscal and program accountability and reporting including: forwarding all Board meeting minutes to the City Council for their information. The U.A.Y. Director may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. Director will prepare a quarterly report which will be forwarded to the City Council for their information. U.A.Y. will build and establish working relationships and communications with other agencies in the community. 4. United Action for Youth, Inc. will solicit on-going feedback from clients, their families, and other agencies regarding the effective- ness of outreach. Information regarding client needs, their level of trust and rapport with UAY staff, others' percertion of UAY's effectiveness, and service gaps among agencies will be solicited and documented at UAY. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. 3 C. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive interaction with youth in the community. II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $30,000 in FY82 with the agreement that these funds shall be allocated toward general operating expenses of the U.A.Y. Outreach Program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to U.A.Y. in quarterly payments of $7,500 each. The first payment will be made at the time of signing of this agreement. B. The U.A.Y. Director will submit monthly board minutes, quarterly program reports and an annual report to the City. C. U.A.Y. will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, the Director and salaried staff shall be considered employees of U.A.Y. and any fringe benefits received by the staff shall be through the said U.A.Y. The employees of U.A.Y. shall adhere to the personnel policies formulated by U.A.Y. The U.A.Y. Board will be responsible for the general administration of the program under the terms of the contract including the determination of the budget, personnel policy, hiring, purchasing and expenditure approval. The City Council will appoint two qualified voting citizens of Iowa City to serve as voting members of the U.A.Y. Board. E. U.A.Y. shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. U.A.Y., acting as its own agent, agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the U.A.Y. staff including but not limited to injuries to persons or properties served by or coming into contact with U.A.Y. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. 4 0 H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: For United Action for Youth: ATTEST: U' 1164- L�� ATTEST: ABBIE STOLFUS, CITY, LERK NAME TITLE Dace°s:se�7 c:�p�•'a.��J al Da;. C,,f iite P,e;� r-9�. 7t.3s RESOLUTION NO. 81-142 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOW CREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide recreational services to the residents of Mark IV, and WHEREAS, Willowcreek Neighborhood Center is an agency which plans and implements recreational programs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willowcreek Neighborhood Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Perret and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June , 1981. ,MAYOR ATTEST: CITY CLERK Received & Approved By the Legal Department 4134 AGREEMENT This Agreement was made and entered into on the day of , 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Willow Creek Neighborhood Center (Mark IV) for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Willow Creek Neighborhood Center 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, or disability. 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. 2. The Willow Creek Neighborhood Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Willow Creek Neighborhood Center agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Mark IV Apartments complex and surrounding area. II. FUNDING The City of Iowa City shall pay to the Willow Creek Neighborhood Center the sum of $5,800 in FY82 with the agreement that these funds shall be allocated for a recreational program for residents of Willow Creek Neighborhood area and operating expenses of the Willow Creek Neighborhood Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Willow Creek Neighborhood Center in quarterly payments of $1,450 each. The first payment will be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit quarterly program reports and an annual report to the City. OW 2 C. The Willow Creek Neighborhood Center will provide to the City a quarterly accounting of funds and report at the end of the contract period. D. For the purposes of this agreement, staff shall be considered employees of the Willow Creek Neighborhood Center and any fringe benefits received by the staff shall be through the said Willow Creek Neighborhood Center. The employees and agents of the Willow Creek Neighborhood Center shall adhere to personnel policies formulated by its Board of Directors. E. The Willow Creek Neighborhood Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Willow Creek Neighborhood Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Willow Creek Neighborhood Center, acting as its own agent, agrees to defend, indemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the Willow Creek Neighborhood Center staff, including, but not limited to injuries to persons or properties served by or coming into contact with the Willow Creek Neighborhood Center. G. All outstanding bills are to be paid upon termination within a thirty day period with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. x.38 4 3 $ For the City of Iowa, Iowa: For the Willow Creek Neighborhood Center: N R. BALMER, MAYOR NAME ATTEST: ABBIE STOLFU5, CITY,CLERK �Cez TITLE ATTEST( NAME '•tv'LC_r� T TLE Received U Approved By Ihe Legal Department f4-fT 1W ICC2` RESOLUTION NO. 81-143/144 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 Class "B" Beer Permit or liquor control license, to wit: Gabes, 330 E. Washington St. Frat. Order of Eagles 11695, 225 Hwy. 1 SE, Box 507 It was moved by Perret and seconded by rr that the Resolution as read e adopted, and upon rolI­c`a11 there were: AYES: NAYS: ABSENT: Balmer X L n X_ Erdahl X Neuhauser x Perret x Roberts x Vevera _x Passed and approved this 16th day of June 19 81 . Attest: 44 V46 RESOLUTION NO. 81-145 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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 Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 16th day of June 19 81 Attest: City Clerk / //W CIGARETTE PERMITS - July 1, 1981 through June 30, 1982 82-1 Iowa City Sav-Mor 41104, 1104 S. Gilbert St. 82-2 Colonial Lanes, 2253 Highway 218 S. 82-3 The Airliner, 22 S. Clinton St. 82-4 Hy -Vee Food Store 411, 501 Hollywood Blvd. 82-5 Hy -Vee Food Store 412, 310 N. 1st. Ave. 82-6 Hy -Vee Food Store 413, 1201 N. Dodge 82-7 Hy -Vee Drugtown 411, 521 Hollywood Blvd. 82-8 Hy -Vee Drugtown 412, 1221 N. Dodge 82-9 Eagle Discount Supermarket 41157, 600 N. Dodge 82-10 Eagle Discount Supermarket 41220, 1101 S. Riverside Drive 82-11 Pester Service Station, 606 S. Riverside Dr. 82-12 Gabes, 330 E. Washington St. 82-13 Walt's Tavern, 928 Maiden Lane 82-14 7 -Eleven 4118048, 820 1st Ave. 82-15 Peoples Drug, 2425 Muscatine Ave. 82-16 Peoples Drug, 121 E. Washington St. 82-17 Needs, Inc., 18 S. Clinton 82-18 Residence Services -Currier, Burge Hall 82-19 Residence Services -Quadrangle, Burge Hall 82-20 Residence Services -Burge Hall, Burge Hall 82-21 Residence Services -Vending, Burge Hall 82-22 Residence Services -Hillcrest, Burge Hall 82-23 The Annex, 819 1st. Ave. 82-24 Eagles 41695, 225 Hwy. 411 SW, Box 507 82-25 Finkbine Golf Course, Iowa Memorial Union 82-26 Iowa Memorial Union, Iowa Memorial Union 82-27 Dave's Foxhead Tavern, 402 E. Market St. 82-28 Federal Bldg. Snack Shop, 400 S. Clinton 82-29 Sheriff's Office, Johnson County Sheriff's Dept. 82-30 Dividend Bonded Gas, 302 S. Dubuque St. 82-31 Mott's Drug Store, 19 S. Dubuque St. 82-32 Whiteway Super Market, 212 S. Clinton St. 82-33 Seaton's Cash & Carry Market, 1331 Muscatine Ave. 82-34 Amelon's Skelly Service, 204 N. Dubuque St. 82-35 First Ave. Kerr-McGee, 2229 Muscatine Ave. 82-36 Leo's Standard, 130 N. Dubuque St. 82-37 Applegates Landing, 1411 S. Gilbert St. 82-38 American Legion, American Legion Road 82-39 E1 Fronterizo, 1200 Gilbert Crt. 82-40 Fieldhouse, 111 E. College 82-41 Godfather's Pizza, 531 Hwy. 1 West 82-42 Gilbert Street Tap; 1134 S. Gilbert St. 82-43 Highlander, Hwy. 1 & I-80, RR1 82-44 Highland Ave. DX, 1310 S. Gilbert St. 82-45 Howard Johnson Motel, Hwy. 1 & I-80, RR1 82-46 Hungry Hobo, 517 S. Riverside 82-47 Studio 114, 114 Wright St. 82-48 Mayflower Apartments, 1110 N. Dubuque St. 82-49 On Iowa Resturant, 630 Iowa Ave. 82-50 The Mill Resturant, 120 E. Burlington 82-51 Plamor Lanes, 1555 First Ave. 82-52 Mumm's, 21 W. Benton St. 82-53 Silver Saddle, 1200 Gilbert Crt. 82-54 Smith & Co., 1210 Highland Crt. 4tS<-11 82-55 82-56 82-57 82-58 82-59 82-60 82-61 82-62 82-63 82-64 82-65 82-66 82-67 82-68 82-69 82-70 82-71 82-72 82-73 82-74 82-75 82-76 82-77 82-78 82-79 82-80 82-81 82-82 82-83 82-84 82-85 82-86 82-87 82-88 82-89 82-90 82-91 82-92 82-93 82-94 82-95 82-96 82-97 82-98 82-99 82-100 82-101 82-102 82-103 82-104 82-105 82-106 82-107 82-108 Taco Grande, 331 E. Market That Bar/Fish Hook, 325 E. Market St. Towncrest Inn, 1011 B Arthur St. First Ave. Skelly, 2301 Muscatine Ave. Time Out Resturant & Coaches Corner Lounge, 1220 Hwy. 6 West Montgomery Wards, Wardway Plaza Westinghouse, Hwy. 1 & I-80, RR1 Revco Discount Drug Center #3019, 1101 S. Riverside Dr. John's Grocery, 401 E. Market St. Joe's Place, 115 Iowa Ave. Best Steak House, 1 S. Dubuque St. kU? ""'T r, f RESOLUTION N0. 81-146 RESOLUTION ACCEPTING THE PLANTINGS FOR THE CBD STREETSCAPE IMPROVEMENT PROJECT - PHASE II -C. WHEREAS, the Engineering Department has recommended that the im- provement covering the plantings for the CBD Streetscape Improvement Project - Phase II -C as included in a contract between the City of Iowa City and Pleasant Valley Orchard & Nursery, Inc.of Iowa City, Iowa dated October 7, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place andddoes comply with the requirements for such improvements, 4 AND WHEREAS, maintenance bonds have been filed, 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 erret aril seconded by Vevera that the resolution as re e a opte , and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 16th day of June 1981, yor ATTEST: City Clerk Raceived & Approved By The Legal Department IT Y 0t= IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D ENGINEER'S REPORT June 1, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Plantings for the CBD Streetscape Improvement Project, Phase II -C as constructed by Pleasant Valley Orchard and Nursery, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, 0haelcharz Director of Publ c Works C Charles J. SZmadeke City Engineer Vy50 RESOLUTION NO. 81-147 RESOLUTION ACCEPTING THE WORK FOR THE CITY PLAZA PROJECT (SUPPLEMENTAL CONTRACT) WHEREAS, the Engineering Division has recommended that the improvement covering the City Plaza Project - Supplemental Contract as included in a contract between the City of Iowa City and Parkview Company of Iowa City, Iowa dated January 29, 1980, be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of June 1981. AYOR� ATTEST: CITY CLERK Ra calved & Approved By The Legal Department 4y6 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT June 1 , 1981 Honorable Mayor and City Council 410 E. Washington Street Iowa City, Iowa Re: City Plaza - Supplemental Contract Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accord with the plans and specifications on file with the City of Iowa City. Trees, banners, mail chutes, and all other incidentals for the City Plaza Project - Supplemental Contract, as constructed by Parkview Company, Iowa City, Iowa. NOTE: The three banner poles have been deleted from this contract. I -hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectf 11 submitted, chael E. Kuc;ubl rzak, Acting Director epartment oficWorks OV 7 A Ire S. T. "e RESOLUTION NO. 81-148 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN AGREEMENT AND PROTECTIVE COVENANT WITH EDWIN K. AND ETHEL D. BARKER. WHEREAS, a portion of the property owned by Edwin K. and Ethel D. Barker which is known as Emerald Court Apartments, is presently zoned, pursuant to the Iowa City Zoning Ordinance, R3 and the other portion is zoned R3A; and WHEREAS, -when the Emerald Court Apartments were initially constructed, the density requirements of the R3 zone did not allow the completion of the final apartment unit; and WHEREAS, Edwin K. Ethel D. Barker have requested that the portion of the tract currently zoned R3 be amended to R3A to permit completion of the remaining unfinished unit; and WHEREAS, the Planning and Zoning Commission did consider rezoning said property so as to allow the ultimate zoning of this property to a density in conformance with the Comprehensive Plan, and that said rezoning would be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor is hereby authorized to execute and the Clerk to attest an agreement and protective covenant running with the land, with Edwin K. and Ethel D. Barker. Whereby 7owners agree to limit addition to only one unit and waiving the right of Edwin K. and Ethel D. Barker to object to the further rezoning of their property to a density of 20 dwelling units per acre. (See attached agreement and protective covenant) It was moved by Vevera and seconded by be adopted, and upon roll call there were: Neuhauser the Resolution AYES: NAYS: ABSENT: x Balmer Erdahl z Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of June , 1981. / J ATTEST: ITY CLERK Received & Approved By The Legal Department f«fP AGREEMENT AND PROTECTIVE COVENANT This Agreement entered into by and between the City of Iowa City, Iowa, hereinafter referred to as City, and Edwin K. and Ethel D. Barker, .hereinafter referred to as Applicant. WHEREAS, the Applicant is the owner of the following described real property located in Iowa City, Johnson County, Iowa: Commencing at the southeast corner of the NWq of the NE; of Sec. 17, Twp. 79 N. , R. 6 West of the 5th P.M. ; thence north 938 feet, thence West 186 feet, thence south 938 feet to the south line of said NA, of NE 4, thence east to the place of beginning, subject to easement for public highway recorded in Book 180, page 175, Deed Records of Johnson County, Iowa. Also commencing at the northeast corner of the SW; of the NE', of Sec. 17, Twp. 79 N. , R. 6 West of the 5th P.M. thence south along the east line of said SW% of NE;, 1060.0 feet to an iron pin, thence west 287.7 feet, thence north parallel with the east line of said SVPi of NEq to the north line of said forty acre tract, thence east 287.7 feet along the north line of said SA of NE4j to the place of beginning. Excepting from the above described real estate, the following, to -wit: Beginning at the northwest corner of Melrose Park Third Addition to University Heights, Johnson County, Iowa, according to the recorded plat thereof, said point being on the southerly right-of-way of County Road "W" known as the I.W.V. Road, thence south 0°56'05" west 1918.75 feet along the west line of said Melrose Park Third Addition to an iron pin, thence north 8759'00" west 75.01 feet, thence north 0°56'05" east 1064.33 feet, thence south 87°33'40" east 10.00 feet, thence north 0°56'05" east 864.91 feet to the south line of said County Road, thence south 76022'40" east 66.25 feet along the south line of said road to' the point of beginning. Also excepting from the above described real estate, the following, to -wit: Beginning at the northwest corner of Melrose Park Third Addition to University Heights, Johnson County, Iowa, according to the recorded plat thereof, said point being on the southerly right-of-way of County Road "W", known as the I.W.V. Road, thence north 76°22'40" west 66.25 feet along the south line of said road to the point of beginning; thence south 0°56'05" west 200.00 feet, thence north 89°03'55" west 122.88 feet, thence north 1°14'40" east 227.42 feet to the south line of said road, thence south 76°22'40" east 124.67 feet along the south line of said road to the point of beginning. WHEREAS, a portion of the above-described property is presently zoned, pursuant to the Iowa City Zoning Ordinance, R3 and the other portion is zoned R3A; and WHEREAS, when the Emerald Court Apartments were initially constructed on the above-described tract, the density requirements of the R3 zone did not allow the completion of the final apartment unit; and WHEREAS, the Applicant has requested that the portion of the tract currently zoned R3 be amended to R3A to permit completion of the remaining unfinished apartment; and WHEREAS, the Iowa City Planning and Zoning Commission has carefully reviewed the zoning of the tract in question, and in its proposed revised zoning ordinance initially has recommended that the entire parcel be zoned RM20, so as all the units would be conforming; and WHEREAS, the review and implementation of the proposed zoning ordinance revisions have been delayed and undoubtedly will not be completed for many months; and WHEREAS, the Applicant is not interested in expanding the use or density of the tract beyond the completion of one additional apartment unit. 4449 -2 - THE CITY AND APPLICANT THEREFORE AGREE AND COVENANT AS FOLLOWS: 1. Upon the City Council's determination, after due consideration, that the portion of the above-described real estate presently zoned R3 is to be rezoned to R3A, the Applicant recognizes the intent of the City - to rezone the entire tract to a more restrictive zoning category in its forthcoming revised zoning ordinance. 2. The Applicant waives their right to object, as established in Section 414.5 of the Code of Iowa, to the rezoning of the above-described real property to RM20, or any other similar zone which may be adopted by the City, providing that the current use of the tract, including the additional unit to be completed, remains a conforming use; and releases the City, its officers and agents, from any and all liability, claim or loss which arises from said rezoning. 3. The Applicant further covenants that during the effective period of this Agreement they will not expand the density or the use of the property beyond 158 units in existence upon the date of rezoning. 4. If the City does not rezone the real property described above within four years from the date of execution of this Agreement, all rights and responsibilities established in this Agreement shall terminate. 5. This Agreement shall be binding upon the heirs, assigns and successors of the parties, and shall be a covenant running with the above described real property. May Dated this 11th day of ATn:bd , 1981. CITY OF IOWA CITY EDWIN K. AND ETHEL D. BARKER ATTEST: Lr� CITY CLERK Subscribed and sworn to before me this Af day of /1/IF} 1981. Not ry qublic in and P6r Johnson County, Iow *T/) /r 4C l . RESOLUTION NO. 81-149 RESOLUTION APPROVING THE AMENDED FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR EMERALD COURT APARTMENTS. WHEREAS, the owners and proprietors of Emerald Court Apartments have filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended final Large Scale Residential Development (LSRD) plan of Emerald Court Apartments, located on the following described real estate in Iowa City, Johnson County, Iowa, to -wit: In T.-79 N, R. -6W., 5th P.M., Section 17 thereof; A parcel of land in the W. 1/2 of the N.E. 1/4 of said Section 17 described as follows: Commencing at the N.W. corner of Melrose Park Addition to University Heights as recorded in Plat Book 4, Page 420 of the Johnson County Recorder's Office; thence S. 0°56'05" W., 854.97 feet along the west line of said Melrose Park Addition; thence N. 87°33140" W., 65.02 feet to the point of beginning which lies on the west line of Emerald Street; thence N. 0°56'05"E., 667.89 feet along the west line of Emerald Street; thence N 89°03'55"W., 122.49 feet; thence S 1014'40"W., 664.61 feet; thence N. 87033'40"W., 102.00 feet; thence S. 003510011W., 23.00 feet; thence S. 89°08'15"E., 217.90 feet to the west line of Emerald Street; thence N. 0°56'05"E., 17.00 feet along thq west line of Emerald Street; thence S. 87°33'40"E., 10.00 feet to the point of beginning. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the amended LSRD plan and have recommended approval of same; and WHEREAS, the said amended LSRD plan has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted. and approved; and WHEREAS, said amended final LSRD plan is found to conform with all the 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: 1. That the amended final LSRD plan of Emerald Court Apartments is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. V 1 It was moved by Perret and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser X Perret x Roberts x Vevera Neuhauser the Resolution Passed and approved this 16th day of June , 1981. YOR o ATTEST: f CITY CLERK Reoelved R APP'^"' d gy The Lesel pepeoment ICV ; CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of -J_OhflSOfl_ _ _ . _ County, Iowa and to the State Comptroller: The Council of the City of .. Iowa City . in said county (counties) met on ..__ AtIne.16 .... _ _ , 19 81. at the pluce and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking Up Lill' proposed amendment, it was considered and taxpayers were heard for or against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final con- sideraLion to the proposed amendments) to the budget and modifications proposed at the hearing, if any". Thereupon, the follow- ing resolution was introduced: RESOLUTION No. 81-150 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 19 81 Be It Resolved by the Council of the City of Iowa: Section 1. Following notice published lllne 9 , 19 81— and the public hearing held June 16 19 81 the current budget ) is amended as set out herein and in the detail by fund and activity that was supports this resolution which considered at that hearing: am 7. f Reason: To permit the expenditure of unanticipated unencumbered cash balances and unanticipated receipts. PROGRAM TOTALS FROM 13, TO: 14. Community Protection CURRENT GOVERNMENTAL AND Home Q Community Environment Policy and Administration FIDUCIARY OPERATIONS CURRENT PROPRIETARY OPERATIONS 13 242 493 AS CERTIFIED 3,494,933 3,925,37 33,518,681 5 147,805 OR LAST AMOUNTOF AMENDEDR LAST AMOUNTOF AMENDED AMENDED CHANGE TO: MENDED CHANGE. TO: otal Begg�I'nningCosh na}ance 6,235,181 6L235s1810318915031 rAASCERTIFIED 891 3.984 460 381.270, ,451 7 ncome Other ThanProperty Tax ].558.702 __ 16,425758 ;Late -Shared Revenue - -- - - -- 2,013,841. _ __ -_ __ . X543423) 13959,418- -- ----- -- ------- - ------ ---- lroperty Tux Asking 7,449,678 .. --- (36,921) -7,.412.,757 -----_ -.__-- _-- -- . --- -_- ----- - 'uTALIG•_SOURCES 231257.,402_-_ 1.6,334,414. 9,591,816 10,413�]_6] .__69.837.-_ 1.0,482.,998_ .esv, Working Balance (Reserve) 6.6391015__---.(5 234,007 _1s404,108 732,258_( l9B-, ._2,583i91Q_ _-_— Jet iiesnurces for Appropriations— 16618,38.7 _.._21 569 321. 8. 187,708 5,680,903— ,218,185 7,899,088 -M-94 933 _ommunity Protection 3 400,141 94,292 luman_Development--- -.64Z�'78-- -.2,228399 -3..925,.322- ----- - - --`-- 5 680,9_Q3 ------ .,21M.8 -- -,899.M ---"------ lome and Community Environment 7 561 ,590_ _18 058,003_.- 5 619.,593 5,147,805 — - -- - _ _ _ Alley and Administration---- 4,009 378 '- 1,138,427 ----- -- 'OTA I, APPROPRIATIONS -----'- 16 61 X387 _21_x569,321 8-,187 708 5,68"0 903 218,185 7,899_,088 Reason: To permit the expenditure of unanticipated unencumbered cash balances and unanticipated receipts. PROGRAM TOTALS FROM 13, TO: 14. Community Protection Human Development Home Q Community Environment Policy and Administration 3 400 141 1,647,270 13 242 493 4 009 378 3,494,933 3,925,37 33,518,681 5 147,805 Passed this-3LIb—day or June — 193L_. z5;F-7 Attest: sl A u c, Co% Clvrk Mnvnr Vote (list by names): Moved by Neuhauser, seconded by Lynch Ayes: Ralmer. Lynch Neuhauser, Perret, Roberts Vevera Nays- None I hereby certify the above transactions to be a true copy of the preceding of the city council and the re9alutions passed in the above matter. June 17 19 81 sl tL Coy Clerk 'An overall inrrr„e in the hudget or , r,ulm vh,ngc in the 11 ...a In jsfpra imtoma pa,gmm ov.11 will "ui e, new wni.e sod hearing. 4z�r�— 1',.nu ,lf.bl tl ^ NOTICE OF PUBLIC HEARING AMENDMENT OF CURRENT CITY BUDGET The Council of the City of Iowa City in Johnson County. InamWel nl mm�ly nr ownu,l Iowa, will meet at Civic Center at 7:30 pllbn June 16 , 19 81 . 1plwv nl m'L,ng Ihnarl ld.W for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19 81 , by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund and by activity. ., n ran cm, TV1 A n V f1PFR ATinNIC RESOURCES: ---Total Budget as Certified or Last Amended Current Amendment Total Budget after Current Amendment Total Beginning Cash Balance 6,235,181 6,235,181 Income Other than Property Tax 7,558,702 16,425,758 23,984,460 State -Shared Revenue 2,013,841 69,837 10,482 998 Property Tax Asking 7,449,678 (2,148,348) 2,583,910 Total Resources 23,257,402 16 334,414 39,591,816 Less, Working Balance (Reserve) 6,639,015 5,234,907 1,404,108 Net Resources for Appropriations 16,618,387 IR,187,7ng APPROPRIATIONS: Community Protection 3,400,141 94-4,79,2-2 3,494,933 Human Development 1,647,278 2 278 099 3,925,377 Home & C6mmunity Environment L561,590 18.058.003 Policy and Administration 9,378 1-138,427 q. 147,805 Total Appropriations _4,0 16,618,387 __zL, 569 , 321 38.1,87,708 FOR CURRENT PROPRIETARY OPERATIONS (Water, Sewer, nwaaDqL-Parking, W i d 1 Wnc+a Ai rnnrt RESOURCES: Total Beginning Cash Balances 5,031,891 Operating Revenue 3,898,302 (88,80Q) Non -Operating Revenue 1,482,968 158,637 1,641,605 Total Resources 10,413,161 69,837 10,482 998 Less: Reserves: Sinking Funds 4,732,258 (2,148,348) 2,583,910 Net Resources for Appropriations 5,680,903 2,2182185 7 899 088 APPROPRIATIONS: Community Protection, Street Lighting, etc. Human Development Parks, etc. Home & Community Environment Utility Services, Economic Development, etc. 5 .680 903 _ 892.038_ Policy and Administration Ibtal Appropriations Explanations of increases or decreases in revenue estimates, appropriations, or available cash in governmental or proprietary operations funds: _ to_,pfmr_gi b-e-expenc[itur-e._.of_-un&nt1Glpated___---.--- unenf-umbe-r.ed_ cash_balances_and- linanticipatedx_eceipts_----------- There will be no increase in Lax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or con- sidered in this current budget. This will provide for a balanced budget. IS/ Instructions: Publish all the above except if city has no enterprise or utility, omit that section. Delete any name of utility not applicable. Add name, such as airport, gas, transit, hospital, if applicable. Publish once. Designed for 6 -inch spread if published in a newspaper. Certification of Publication: 1 hereby certify that the above notice was published (posted in three public pieces as The Iowa City Press -Citizen June 9 81—. established by ordinancellin _.•,L :w _li,iw if C/ _ ) nn______._— 19._ e Isl Ovrh 450 Ps, (i+c. RESOLUTION NO. 81-151 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY82 ASPHALT RESURFACING 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. 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 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 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% 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 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 10:00 a.m. on the 8th day of July , 1981• Thereafter, the bide 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 14th day of July , 1981 .7' 74 Page 2 Resolution No. 81-151 It was moved by Lynch and seconded by Vanra that the Resolution as read e adop--t-e'2F, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS d x VEVERA Passed and approved this 16th day of Jijnp 1981. I ATTEST: (&1--z"f- Z / CITY CLERK 1 Received & Approved ®y The Legal Department 6 9 � Vje4 '(ps. 0'< , r RESOLUTION NO. 81-152 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CBD ALLEY PAVING PROJECT - PHASE II, BLOCK 82, O.T. 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. 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 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 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% 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 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 10:00 a.m. on the 8th day of July , 1981. Thereafter, the bids will be opened by the City Engineer or is esignee , 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 14th day of July , 19 81 . 4.57 Page 2 Resolution No. 81-152 It was moved by Perret and seconded by that the Resolution as rea ec�5 a�optea, and upon roll ca there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL y LYNCH Y NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 16th day of �>> ATTEST: ac_e CITY CLERK , d June , 19 81 . Rmtved & Approved By The Legal Department Al #eJ0 RESOLUTION NO. 81-153 _ RESOLUTION AWARDING CONTRACT AND AUTHORIZXL- .AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CBD ALLEY PAVING PROJECT - PHASE I, BLOCKS 102 AND 107-07T— WHEREAS, 0 O�,T: WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the beet bid for the construction of the above-named project. Ices. h /� 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 Metro Pavers, Inc. , subject to the c awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: BALMER x ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and, approved thin 16thday of June , 19 81 ,///7r/ \7 MAYO ATTEST: tt�tL/ :: L 7 CITY CLERK Z" V CONTRACT THIS AGREEMENT, made and entered into this �qjflt day of 9, 19,9f , by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and METRO PAVERS, INC. party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 28th day of January 19_aL_, for CBD Alley Paving - Phase I Blocks 102 & 103 O.T. d under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. Thpt the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF-1dl— 7 FORM OF PROPOSAL CBD ALLEY PAVING - PHASE I BLOCKS 102 R 103 O.T. CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Address of Bidder TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of" $ /v `e in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda , , and and do all work at the prices. ereina ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standarc Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE. s�' 1. Alley pavement, P.C. concrete Sq. yd. 1820 $ ll, $moo L- 9 Class C, 6 inch 2. Sidewalk, P.C. Concrete, 4 inch Sq. ft 3. Class A, 3/4 inch Road stone Ton 4. Asphaltic Concrete Pavement Sq. yd type A, 3/8 inch, 6 inch depth 5. Concrete removal Sq. yd 6. Intake adjustment Each �o 120 $ A $ 15 $z= $ �/ O 250 $ i S $ S 7 5Z5 1670 9 TOTAL EXTENDED AMOUNT $'S Ce' d1 $ ASO $ Sno P-1 VI" The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM:% / sig—r•�. i t ee i ' � > _�C� ' <_ Business dress rnRFORMANCE AND PAYMENT BOND #418-903 KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers 'Inc. P. O. Box 251, Iowa Cit , Iowa Te insert the name an as ress or ega tat e o t e Contractor a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company, Des MoineE re insert the Legal title of t o Surety Iowa as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa,.as obligee, hereinafter called the Owner, in the ambunt of _ mwent�r-niinA Fievaxi ---•- -- Dollars ($ 29,811 - nn ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated Lx 19 81 , entered into.a Contract with Owner for ... CBD Alley Paving - Phase I,Blocks 102 & 103 O.T. In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. 1 B. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and is declared by Owner .to be, in default under the Contract, the Owner having performed Owner's 4-51 obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including -other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of s from the date ofacceptance of the improvements by the Owner. PB -2 D. No right of action shall accrue to or for the use of any person o.r corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS v� yDAY OF A.D., 19 f� . - IN THE PRESENCE OF: METRO P VERS INC. rincipa 2a12l� ...^ "/. Yl LIGE( P . / 0, !'s '/ — Witness itIe MERCHANTS MUTUAL BONDING COMPANY (Surety) Witnessit es E. Thompson, Attorney-in-fact .W MERCH� I'S MUTUAL BOND J COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the A6:RCHANTS SIUMAt- NON DING COMPANY. am corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Ws Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUALLY - F. Melvyn Hrubetz, C.B. Condon, G.A. LaMair II, Carl J. Grant Jr., James E. Thompson, James F. Norris of Des Moines and state of I Owa its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE MILLION ($1,000,000.00) DOLLARS. and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE ?, SECTION SA.: •The Chariman of the Board or President or .my Vice President or Secretary shall have power and authority to appoint Auomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recogniztnees, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof. MBRCHANfS MUTUAL BONDING COMPANY hae tamed thew proems to Ik signed by its Vice Presidents, and its corporate seal to be hereto affixed. this 3rd (lay of June A D.. 11) 81 Attest: A I A� Vic, P�idecl STATE OF IOWA COUNTY OF POLK MERCHANTS MUTUAL BONDING COMPANY PL 80 By ����•�• _ c: �. LLL - Z's1j \oip�vueP,eu n '• 6�cv >,Nd a' • o.this 3rd dayof June ,19 81 ,before me appc:ued M.J. Lung and William Warner. to me personally known, who being by me duly swum did say that they are Vice Presidents respectively of the MERCI IANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing inNmnmenl, and that the Scat affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and scaled in behalf of said Corporation by authority of its hoard of Directors. In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal at the City of Des Moines, Iowa the day and year first above written. J iSo IOWA Z •.STATE OF IOWA o�'� A`-Se V g'P ,• COUNTY OF POLK } ss. .... I, M. J. Long. Vice President of the MERCHANTS MUTUAL BONDING COMPANY, do foregoing is a true and correct copy of the POWER OF ATTORNEY. executed by said MFRCI which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at this day of 19. This power ofattomey expires Until Revoked Nolaq Public. oll G,unrylo.o I At, Commiuion E,,,,, 9-30-82 •: VOw� rt i . S� OIH...... and RESOLUTION NO. 81-154 RESOLUTION ESTABLISHING A LANDFILL USE FEE AND A RESIDENTIAL SOLID WASTE COLLECTION FEE. Ire.. B < WHEREAS, Resolution No. 79-273 established a landfill use fee and a residential solid waste collection fee, and, WHEREAS, operating costs at the Iowa City sanitary landfill now exceed the revenue generated by the use fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The use fee for the Iowa City sanitary landfill shall be $6.10 per ton of solid waste with a minimum charge of $1.00. 2. The residential solid waste collection fee remains the same and shall be $2 per month for each dwelling unit, and $1 per month for each rooming unit. 3. The fees established by this resolution shall become effective on July 1, 1981. It was moved by Perret and seconded by Neuhauser Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser x Perret _x Roberts x Vevera Passed and approved this 16th day of June , 1981. M Y R ATTEST: (iirt—li� CITY CLERK the Received & Approved B The Legal Deparhmnf 0 yGo RESOLUTION NO. 81-155 RESOLUTION AUTHORIZING ADDITIONAL FUNDING TO THE AIRPORT FOR ADAP MATCHING FUNDS. WHEREAS, the Airport Commission is filing a Preapplication for funding under the ADAP program for overlay of Runway 17/35, and WHEREAS, the Airport Commission currently has funding amounting to $40,000 for the local match, and WHEREAS, the total estimated project cost is $755,000 and based upon the estimate the 10% local match would be $75,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that (when the Federal Aviation Administration approves the project), The Council approves a transfer from the General Fund the additional funding needed for the local match which is estimated to be approximately $35,000 under a 90/10 ADAP Bill. It was moved by Lynch and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16thday of June 1981. I YOR ATTEST: % CITY CLERK , Rocahred 8, Approved JBy The legal Deparhnent (a �(PS ,cen1 e!6/ res, r) ie RESOLUTION NO. 81-156 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT WHEREAS, the City Council 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 defined in the Annual Contributions Contract and which at any time now or hereinafter is incorporated under the terms of such Contract. ' BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract 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 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. This Resolution shall take effect immediately. It was moved by Perret and seconded by Neuhauser resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: that the X Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16thiay of June 1981. � AYOR ATTEST: ITY C ERK Received & Approved By The Legal Deparfrnent ties 1-110 RESOLUTION NO. 81-157 RESOLUTION AUTHORIZING AN APPLICATION FOR CERTIFICATION OF IOWA CITY'S FAIR HOUSING ORDINANCE (AS PART OF HUMAN RIGHTS ORDINANCE 77- 2830 AS AMENDED BY ORDINANCE 79-2951) AS SUBSTANTIALLY EQUIVALENT TO TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968. WHEREAS, it is the purpose of the City of Iowa City to protect its citizens against discrimination, and WHEREAS, the City of Iowa City has adopted a Human Rights Ordinance which includes the prohibition of certain discriminatory practices in housing and provides for procedures for investigation and conciliation of complaints, and WHEREAS, the City of Iowa City is interested in a continuing pursuit of fair housing policies for all its citizens, and WHEREAS, the Fair Housing Ordinance of the City of Iowa City complies substantially with the criteria established by the Office of the Assistant Secretary for Fair Housing and Equal Opportunity of the Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be authorized to apply for certification of Iowa City's Fair Housing Ordinance as substantially equivalent to Title VIII of the Civil Rights Act of 1968. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer —_ x Erdahl x Lynch z Neuhauser x—_ Perret z Roberts x Vevera Passed and approved this 16th day of June 1981. YOR ATTEST: CITY CLERK 29C+eived & Approved Py bA 16® Legal De artment �d 9 APPLICATION FOR CERTIFICATION OF IOWA CITY'S FAIR HOUSING ORDINANCE (AS PART OF HUMAN RIGHTS ORDINANCE 77-2830 AS AMENDED BY ORDINANCE 79-2951) AS SUBSTANTIALLY EQUIVALENT TO TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968. Introduction In 1964, the City of Iowa City approved the initial Human Rights Ordinance which was concerned solely with Fair Housing Laws. The ordinance was amended several times, the most recent revision occurring in 1979 as Chapter 18 of the Code of Ordinances of the City of Iowa City. This ordinance now includes three additional prohibitive sections. As indicated in the title, the ordinance defines and prohibits certain discriminatory practices not only in housing, but also in employment, public accommodations and credit transaction. A Human Rights Commission has been established and given the power to investigate, conciliate and provide public hearing as necessary for complaints in any of these areas. As detailed below, the ordinance appears to qualify as substantially equivalent to Title VIII of the Civil Rights Act of 1968. Compliance with Procedures for Recognition (Section 115.2) Recognition under this part shall be based on consideration of the following: Text of the fair housing law. The text of the Human Rights Ordinance (77-2830 as amended by Ordinance 79-2951) is attached as Exhibit A. This ordinance includes fair housing laws as well as other laws prohibiting discrimination. Organization of agency responsible for administering and enforcing the law. The Human Rights Commission is the responsible administrative agency. It consists of nine members, serving voluntarily without remuneration, and appointed by the City Council for three year terms. (See Exhibit A Section 18-18 p. 4) Regular staff assistance to the Commission is provided by the City's Civil Rights Specialist, a full- time staff member responsible to the Assistant City Manager. The Commission meets regularly once a month, with additional meetings scheduled as needed. Funds available for Human Rights Commission activities. Approximately $9,000 are available for fiscal year 81 (FY81). (Iowa City's fiscal year runs from July 1, 1980 through June 30, 1981.) Exhibit B (attached) details the expenditures to date. Evidence of the Commission's ability to administer the law. The Human Rights Commission Annual Report for FY80 (Exhibit C, attached) summarizes the Commission's activities during the past #70 KA year. The report shows that the Commission is administering the law. Since the publication of this report, four more housing complaints have been received. These complaints have been processed. Exhibit D, which includes Fair Housing Sections VB and VC of the Grantee Performance Report for the first year (1980) of the City's Lower Ralston Creek Neighborhood Revitalization Project, funded under the Community Development Block Grant Program, also supports the administrative effectiveness of the Commission. 5. Additional documents. a. Exhibit E includes the Fair Housing Sections VB and VC for the Grantee Performance Reports for the Community Development Block Grant Program for 1977, 1978 and 1979. b. Exhibit F includes the Annual Reports of the Human Rights Commission for 1978 and 1979. C. Exhibit G is the City's Fair Housing Poster distributed to realtors. Criteria: Provisions of Ordinance (Section 115.3) In order to determine that the local fair housing ordinance provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to those provided in the Act, the ordinance must include certain criteria as follows: a. Establish an administrative enforcement body to receive and process complaints. Exhibit A p. 3 Section 18-16 establishes the Human Rights Commission. b. Delegate appropriate authority to said Commission. Exhibit A p. 4 Section 18-17 details the powers of the Commission. C. Place no excessive burdens on the complainant. Exhibit A pp. 9-14 Sections 18-37 through 18-42, detail the complaint procedure to be followed by the Commission. The City's Civil Rights Specialist assists both the complainant and the Commission throughout the complaint proceedings. Complaint procedures are relatively simple and do not deter complainants from filing complaints. Exhibit H is the brochure generally distributed, which explains the complaint process. d. Contain no exemptions which substantially reduce the coverage of housing accommodations as compared to Section 803 of the Act. Exhibit A p. 7 Section 18-32(b) lists exemptions permitted by this ordinance. Exemptions (1) and (2) are included in Section 807 and Section 803b(2) of the Act. Exemptions 3 and 4 are not included in the Act. (/7/ F e. Prohibit the following acts if they are based on discrimination because of race, color, religion, sex or national origin: 1. Refusal to sell or rent: see Exhibit A p. 7 Section 18- 32(a)(1). 2. Refusal to negotiate for a sale or rental: see Exhibit A p. 7• Section 18-32(a)(1). 3. Making dwellings unavailable: see Exhibit A p. 7 Section 18- 32(a)(1). 4. Discriminating in terms of conditions, or privileges of sale or rental: see Exhibit A p. 7 Section 18-32(a)(2). 5. Advertising in a discriminatory manner: see Exhibit A p. 7 Section 18-32(a)(3). 6. Falsely representing that a dwelling is not available for inspection, sale or rental: this is implicit in Exhibit A p. 7 Section 18-32(a)(1). 7. Blockbusting: this is not applicable to Iowa City where there is only a 5% minority population which is not restricted to specific blocks or neighborhoods. (The Fair Housing Poster, Exhibit G, states that blockbusting is illegal.) 8. Discrimination in financing: see Exhibit A p. 8 Section 18- 34(a), W. 9. Denying a person access to or participation in multiple listing services, real estate brokers' organizations or other services: the ordinance does not contain such a provision. Note: Iowa City's ordinance is broader than the criteria listed in Section 115.3(e), in that it prohibits discrimination in the area of housing on the basis of age and disability in addition to the other protected classes. f. Afford judicial protection and enforcement of the rights embodied by law: Exhibit A p. 16 Section 18-44 provides for judicial review and enforcement. Performance Standards (Section 115.8) The initial and continued recognition by the Secretary that the local fair housing ordinance provides rights and remedies substantially equivalent to those provided in the Act, depends on an assessment of the local agency's administration of its fair housing law. `f 79- 0 Iowa City has been active in the various areas listed as follows: 1. Actions taken in consistently and affirmatively seeking the elimina- tion of all prohibited practices under the fair housing ordinance. Exhibits D, E and F detail a large number of actions taken by the City to eliminate discriminatory practices in housing. A summary of these activities follows: 1964 - Ordinance #2292 - Adoption of fair housing law. 1971 - Procedural sections of ordinance revised, adding conciliation and judicial procedures. 1977 - Revision of human rights ordinance. 1979 - Revision of human rights ordinance. 1977-78 - Rental Directory investigated for discriminatory practices. 1980 - Iowa City housing workshop coordinated and attended by a commissioner. Ongoing Activities Investigation of all housing complaints filed. Liaison with special support services Protective Tenants Association and Tenants United. (In 1978 there was also active coordination with the Citizens' Housing Task Force.) A variety of efforts were made to disseminate information explaining the human rights ordinance and the rights of citizens under this ordinance. These efforts included the distribution of a brochure, at least nine issues every year of a newsletter from the Human Rights Commission which was distributed to women, minorities, financial and lending institutions, realtors, apartment complex managers, University students at registration, etc.; public talks on discrimination in the sale, rental and financing of housing; public service announcements on the radio; fliers and posters on the City's buses; the preparation and distribution of a Housing Information Pamphlet (Exhibit I). In February 1980 the Human Rights Commission selected one Commissioner as a representative on the Community Housing Resources Board. The purpose of this Board is to promote affirmative fair marketing throughout the Iowa City community. The Civil Rights Specialist regularly attends seminars and workshops on fair housing laws, in order to remain informed on developments. Just recently (November 1980) the Specialist attended a seminar co- sponsored by HUD and the Iowa Civil Rights Commission concerned with Title VIII. t/73 9 Staff in the Department of Planning and Program Development also regularly attend HUD and NAHRO Community Development Block Grant workshops which deal with Title VIII in relation to these programs. 2. Actions taken to obtain the type of relief designed to prevent the recurrences of such practices. Exhibit A pp. 14-16 Section 18-43(a)(1) of the ordinance, spells out the "remedial actions" to be taken if it has been determined that discrimination has occurred. The following remedial actions have been required by the Commission in relation to housing during the past three years: a. Landlords have been required to post fair housing posters (Exhibit G). b. Landlords and managers have been required to give all prospec- tive renters the same information in terms of the availability of the rental property, the rental price, deposit requirements and any other pertinent information. C. Landlords and managers have been required to keep records on prospective renters. d. Landlords have been required to end all newspaper advertisements with an equal, opportunity statement. - e. Landlords have been required to write letters of apology to complainants where probable cause was found. 3. Actions taken to monitor compliance with agreements or orders issued by the Commission. a. All Conciliation Agreements state that the Commission may review compliance with provisions of the Agreement at reasonable times. If reports are part of the Agreement, then the Civil Rights Specialist is aware of when they are due and reviews them accordingly. b. Depending on the nature of the complaint, designated members of the Conciliation Team may contact the complainant to obtain an up -dated account on whether the Respondent remains in compliance with the Agreement. C. On other occasions, the complainant may contact the Commission and inform a member of the Conciliation Team or the Civil Rights Specialist of a violation of the Agreement. Or the Commission on its own motion may review compliance with the Agreement. 4. Comprehensive investigative activities undertaken. Exhibit H details the complaint procedures and investigative activities carried out by the Human Rights Commission. These activities are undertaken for every formal complaint filed with the Commission. [1 Actions taken to commence and complete the administrative process in a timely manner. The 1980 Annual Report of the Commission (Exhibit C) under Complaint Resolution A. Procedures, (p. 19) states that "efforts were made to enhance the actual processing of discrimination complaints. These included: ....charting the length of time each step of the complaint resolution process takes in order to evaluate efficiency and points at which backlogs occur...". The average time taken to investigate complaints prior to concilia- tion is approximately 90 days at this time. Efforts are being made to speed up the procedure, however, lack of staff time makes this difficult. If it is determined that Iowa City's housing ordinance is substantially equivalent to Title VIII of the Civil Rights Act, Iowa City will become eligible for funding under HUD's fair housing assistance program. Such funds would be used in part to speed up the processing of complaints. Y7.5' I' I(PS. P, )¢ RESOLUTION NO. 81-158 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE BETWEEN CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa has negotiated a lease with Washington Park, Inc., for the rental of the Davis Building, and WHEREAS, the City Council deems it in the public interest to lease portions of the Davis Building, 322 E. Washington Street, Iowa City, Iowa, for the purpose of office space from July 1, 1981, to June 30, 1982, at a rate of $1775 per month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor is hereby authorized to sign and the City Clerk to attest the lease with Washington Park, Inc. 2. That the City Clerk shall furnish copies of the lease to any citizen who requests it. It was moved by Vevera and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of June 1981. Y R ATTEST: G/G/ctz, CITY CLERK Received & Approved By The Legal Depa.m.. nt 417& ADDENDUM ADDENDUM TO LEASE OF FIRST AND SECOND FLOOR OFFICE SPACE IN THE DAVIS BUILDING. LEASE EFFECTIVE JULY 1, 1981, TO JUNE 30, 1982. Re: Section 6-B "Landlord's Duty of Care and Maintenance" The parties further agree that landlord shall complete the following improvements/repairs by July 31, 1981, which include work to be done outside the immediate area of the building covered by this lease. 1. Painting the back part of the third floor as was agreed to previously upon execution of the lease for space on the third floor. This refers to paint which is peeling off the walls. 2. Replace the ceiling tiles on the third floor as previously agreed to upon execution of the lease for office space on the third floor. This refers to ceiling tiles which are stained from previous leaking of the roof. 3. Tighten up storm window frames. When storm windows were installed previously, they were fitted too loosely and several have broken as a result of strong winds. 4. Install a drinking fountain on the second floor north office area. Drinking fountain will be installed in a manner which complies with all applicable City codes. Received & Approved By the Legal Department 6 n 81 IOWA STATE EAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE ORM CONSULT YOUR LAWYER Official Form No. 30 Rraoxr.,Y Xw W, ,r w m.... 3067) OF THIS FORM, i VP0 LEASE-BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this day of June 191, by and between rrncurnlrrrpM nnT oKrTN(- (hereinafter called the "Landlord") whose address for the purpose of this lease Is 601 South C1i 1 hart- St_ , Tn.,ra r; tyr Iowa 52240 (Street and Number) (City) and mhp r;ty of Tnwa (Iii-y' IGWgk (State) (Zip Cod°) )hereinafter called the "Tenant") whose address for the purpose of this lease Is 410 E. Washington St_ Tnwa Ci ty, (Street and Number) (City) Iowa 52240 WITNESSETH THAT: (State) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions here- in contained, on the part of the Tenant to be kept and performed, looses unto the Tenant and Tenant hereby rants and leases from Land. lord, according to the terms and provisions herein, the following described real estate, situated in .Tnlin Gnn County, Iowa, to wit: the premises currently occupied by the City of Iowa City at 322 East Washington Street, Iowa City, Iowa, also known as the Davis Hotel Building, consisting of the First Floor South and the Second Floor North, and South of the stairwell. with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of nn p years, commencing at mid- might of the day previous to the first day of the lease term, which shall be on the Pi rGt- day of Tn 1 y 19 81 and ending at midnight on the last day of the lease form, which shall be on the I Gt day of Jena 19 82 upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. However, at tenants option , tenant may terminate this lease at the end of nine (9) months (March 31, 1982), upon providing landlord with not less than Sixty (60) days written notice, as provided elsewhere in this lease1775 nn 2.. RENTAL Tenant agrees to pay to Landlord as rental for said form, as follows: $ per month. In advance, the first rent payment becoming due upon Stoke (tQCf4l4ft49ii41'}pRll�ifXATX oso (b) the —i=i r_s;4- day of 7111 y 19---21 and the some amount, per month. In advance, on the Pi rG+ day of each month thereafter, during the term of this lease. In addition to the above monthly rental Tenant shall also pay: All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time. previously designate in writing. Delinquent payments shall draw interest at 9 % per annum from the due date, until paid. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease. and shall yield possession to the Landlord at the time and date of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be ■e. able to give possession an sold date, Tenant's only damages shall be a mbating of the pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the farm of this loose to use and to occupy the leased premises only for office of Ci ty of Tnwa rity For restrictions on such use, we paragraphs 6 (c), 6 (d) and I I (b) below. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee Simpl p and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the farm of this lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But sea paragraph 14, below.) Landlord, shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes sold premises in their present condition except for such repairs and alterations as may be expressly herein provided. __._.. c.vnam so. w •v ,.�. 6"... 6r •,..n.uan, ,� ,� 30. LEASE-BUSINESS P*OPEIITT fa) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, -•- -• ral part of this floor, wells find other stmc- ,,,alparts of the building in good rek Ln compliance with City ( ! and State Fire Code - see (cCARE -. ) TENattached addendum. ANT'S DUTY OF .AAINTENANCE. Tenant shall, after taking possossion of said premises and until the termination of this lease and the actual removal from the premises. at its own expense, care for and maintain said promises in a reasonably safe and service- able condition, except for structural parts of the building. Tenant will furnish its own inferior and exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Without limiting the generality of the foregoing -'Fes t-wfflmckr-neccns Irrepafm-hf -thsrsower,-tha-ptumbhrg-, Yho-vra}or�rlper'amY-rstoctrterri- _ _ wMlefi axeapher feRo,rr. and Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of promises; to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, If and only If the other terms of this lease fix responsibility for heating upon the Tenant. Tenant at its own expense may install floor cover- ing and will maintain such floor covering in good condition. Tenant will be responsible of-dtre- feased-prcmises9nd-is maintaining the parking area, driveways and sidewalks on and aboffIng the leased premises. If the leased premises Include the ground floor, and If the other terms of this lease Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord first had and obtained, of the plans and specifications therefor. (d) Tenant will make no unlawful use of said promises and agrees to comply with all valid regulations of the Board of Health, City Ordi- nances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to membars of the general public. If Tenant, by the forms of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on said premises in the halls, if any, or the alley or yard in front, side or rear thereof, and if will remove same from the premises at its own expense. Tenant also agrees to remove snow and ice and other obstacles from the sidewalk on or abutting the premises, if premises include the ground floor, and if this lease may be fairly construed to impose such liability on the Tenant. 7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of tele• phone, wafer, sewer, gas, heat, (if heating is Tenant's responsibility), electricity, power, air conditioning (if air conditioning is the Tenant's responsibility), garbage disposal, trash disposal and not limited by the foregoing all other utilities and services of whatever kind and nature which may be used in or upon the demised premises. Landlord will furnish heat, hot water and cold water and public restrooms. (b) AIR CONDITIONING equipment shall be furnished at the expense of landlord and maintenance thereof at (Landlord or Tenant) the expense of landlord, but tenant will provide electricity. (Landlord or Tenant) (c) JANITOR SERVICE shall be furnished at the expense of —tenant (Landlord or Tenant) (d) HEATING shall be furnished at the expense of 1.a (Lan or or Tenant) 8. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the affects of ordinary wear and fear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. [Seo also I I (a) and I I (e) below] (6) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or of a reasonable time thereafter. if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (end absent a written agreement by both parties for an extension of this lease, or for a now lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, with- out the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease term due and payable at once. Such written permission shall not be unreasonably withheld. 10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by law- ful authority (but reasonably preserving Landlord's rights of appeal) against said real property shall be timely paid by the parties in Ike following proportions: by Landlord IOO %; by Tenant --- %. (b) Increase in such taxes, except as in the next paragraph provided, above the amount paid during the base year of (base year if and as may be defined in this paragraph) shall be paid by Landlord, _]-On %; by Tenant --- %. (c) Increase in such taxes caused by improvements of Tenant shell be paid by Landlord T nn %; by Tenant (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes. assessments or other public charges levied or assessed by lawful authority (but reasonably preserving Tenant's rights of appeal) against its personal property on the premises, during the term of this lease. () SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the parties in the following proportions: by the Landlord lO %; by the Tenant %. 11. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually cov- ered by extended coverage; and Tenant will procure and deliver to the Landlord a certification from the respective insurance companies to that affect. Such insurance shall be made payable to the parties hereto as their interests may appear, except that the Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing Landlord by Tenant. [See also I I (a) below] (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the forms of this lease, has or shall have a lion. (c) Subrogation rights are not to be waived unless a special provision Is attached to this lease. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Sorvice Bureau and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a pert, due to increased risks or resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. (e) INSURANCE PROCEEDS. Landlord shall settle and adjust any claim against any insurance company under its said policies of insurance for the premises, and said insurance monies shall be paid to and held by the Landlord to be used in payment for cost of repairs or restoration of damaged building, if the destruction is only partial. [See also I I (a), above] (2) 12. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and structural parts of the building. Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agrees that it will at its own rexponse procure and maintain casualty and liability insurance in a responsible company or companies authorised to do business in the State of Iowa, in amounts not less than $100,000 for any one person injured, and $500.OD0 for any one accident, and with the limits of $25,000 for prop. erty damage, protecting the Landlord against such claim, damages, costs or expenses on account of injury to any person or persons, or to any property belonging to any person or persons, by reason of such casualty, accident or other happening on or about the demised promises during the term thereof. Certificates or copies of said policies. naming the Landlord, and providing for fifteen (75) days' notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (201 days from the date of the beginning of the term of this lease. As to insurance of the Landlord for roof and structural faults, see paragraph 11 (a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the event of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence, this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction. Landlord shall repair such damages within 60 days of Its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Land. lord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make it impossible for Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the noxi paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises Including the Fork. Ing area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises or the then current legal use for which the premises are being used and which damages cannot be repaired within sixty (60) days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. In the event of such termination of this lease. Landlord of its option, may rebuild or not, according to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the domised premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property. any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be on. titled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, than this lease will terminate of the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and for- feiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults. and stating that this lease will be cancelled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as an alternative to the foregoing (and neither exclusive of the other) Landlord may proceed as in paragraph 21, below, provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sole or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within fen (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, re-enter said premises, upon giving of ten (10) days' written notice by Landlord to Tenant. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys, advertising and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to miti. gate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms. covenants or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved. in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 9 —% per annum, from date of advance 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased premises, provided only (I) that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right to maintain in the windows or on the build. ' ing or on the premises either or both o "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 10. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lion or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement there. on, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have, in addition to the lien given by low, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitufions therefor, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is no+ a Tenant, then the execution of this instrument by the spouse shall be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. (a) The Tenant shall have the right, from time to time, during the term of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised premises, when in the judgment of the Tenant it shall have became obsolete, outworn or unnecessary in connection with the operation of the business on said premises; provided, however, that the Tenant shall. in such instance (unless no substituted article or item is necessary) at its awn expense, substitute for such items of personal property so sold or otherwise disposed of. a new or other item in substitution thereof, in like or greater value and adapted to the affixed operation of the business upon the demised premises. (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. rPrY:` a TN leo S.I. ew .x n0 oan •..p 101..n No p.all or hi. lx5e .epnauaa aY lionhY 4.u1 p.,mi..ien. m n 1.na. 1, , TM 1._. .... lel ._in. (3) r 21. RIGHTS CUMULATIVE. a nous rights. powers, options, elections and rert of Dither party. provided in this lease. shell be construed as cumulative and no c them as exclusive of the others, or exclusive of This, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remody to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be given to the respective parties hereto of the respective addresses designated on page one of this laase unless either party notifies the other, in writing, of a dlfferont address. With. out prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage propaid, by registered or certified mail, return receipt requested, by the United State mail and so deposited in a United States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein con. tained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parfics hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 2S. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for the purpose of releasing dowor, or distributive share, unless said spouse is also a co-owner of an interest in the loosed premises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. feminine or neuter gender according to the context. 27. a.1 Any improvements made by lessee shall remain at termination of this lease. b)_. Tenant shall remove all snow and ice on both Washington Street and Gilbert Street for the entire length of the building, and shall also IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written. maintain the parking and lawn on Gilbert. CITY of IOWA CITY WASHINrTCIN! PARK, INC. Glasgow, Pr,,�Aide City Clerk `?n4 ry RANK BOYD, S creta INDIVIDUAL .r .dm- STATE OF a COUNTY OF SS' TENANT sna..r. m•"� On this day of 19_, before me, the undersigned, a Notary Public in and for said County and onlUtl is State, personally appeared and to me personally known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the some as their voluntary act and deed. (SEAL) ..... . ............... _... .._......... _------ Notary Public in and for said County and State CORPORATION. STATE OF ... COUNTY OF SS. On this day of A. D. 19 before me, the undersigned a Notary Public in and for said County and State, personally appeared and .ddt to me. personally known, who being by me duly sworn, did say that they are the '"•� and respectively, of said corporation executing the knawl• within and foregoing instrument, that no seal has been procured b fee said cor oration; that said instrument was signed and sealed on x„o.i. 9 9 I P Y ) P 9 1 m•as. (the seal affixed thereto is the seal of said) onleltl xa behalf of said corporation by authority of its Board of Directors: and tie} 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. (SEAL) FIDUCIARY STATE OF COUNTY OF SS. ........ Notary Public in and for said County and State On this day of A. D. 19 - before ms, the undersigned, a Notary Public in and for said County in said State. personally appeared as Executor of the Estate of . Deceased, to me known to be the identical person named in and who executed the foregoing instrument and arknowledged that—he executed the same as the voluntary act and deed of himself and of such fiduciary. (SEAL) PARTNER Public in and for said County and State STATE OF COUNTY OF r55. On this day of J A. D. 19— before me, the undersigned, a Notary Public in and for said County and State personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they are) member(s) of the Partnership executing the within and foregoing instrument and acknowledged that (hal (they) executed the same as the voluntary act and deed of said co-partner(s) by (him) (them) and by said partnership voluntarily executed. For acknowledgment as a corporate fiduciary see obverse side of Court Officer Deed (Official Form No. 101). _._.—._.._.._.._. Notary Public in and for said County and State Received & Approved By the Legal Department 1+1 11 A31 K'es }- I c RESOLUTION NO. 81-159 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1982 BEGINNING JULY 1, 1981. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified person- nel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council 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 except as other- wise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and 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 1, 1981: City Clerk - $24,831.00 City Manager - $46,015.00 It was moved by lynch and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x A Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 16th day of June, 1981. ATTEST: &t L CITY CLERK Received & Approved By Tpe Legal Department 'ilc�J 6 y� ?a RESOLUTION NO. 81-160 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 EMPLOYEES, LOCAL #1183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1981, THROUGH JUNE 30, 1983. 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 tentative collective bargaining agreement to be effective July 1, 1981, through June 30, 1983, a copy of which Agreement is attached to this resolution as "Exhibit A" 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 BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. 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 Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts z Vevera Passed and approved this ATTEST: CITY CLERK 16th day of June , 1981. Reeeived & Approved By The Legal Department 4192 AGREEMENT BETWEEN THE CITY OF IOWA CITY THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 183, AFL-CIO JULY 1, 1981 THROUGH JUNE 30, 1983 zi oz/ TABLE OF CONTENTS Page PREAMBLE. . . . . . . . . . . . . . . . . . . . 2 ARTICLE I - RECOGNITION . . . . . . . . . . . . . . . . 3 ARTICLE II - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . 3 ARTICLE III - NO STRIKE --NO LOCKOUT . . . . . . . . . . . . 4 ARTICLE IV - BULLETIN BOARDS . . . . . . . . . . . . . . . . 4 ARTICLE V - BUSINESS AGENTS . . . . . . . . . . . . . . . . 4 ARTICLE VI - DUES CHECK OFF . . . . . . . . . . . . . . . . 5 ARTICLE VII - HOURS OF WORK . . . . . . . . . . . . . . . . 5 ARTICLE VIII - OVERTIME . . . . . . . . . . . . . . . . . . 8 ARTICLE IX - HOLIDAYS . . . . . . . . . . . . . . . . . . . 11 ARTICLE X - VACATIONS . . . . . . . . . . . . . . . . . . . 12 ARTICLE XI - SICK LEAVE . . . . . . . . . . . . . . . . . . 13 ARTICLE XII - SPECIAL LEAVES . . . . . . . . . . . . . . . . 15 ARTICLE XIII - SENIORITY . . . . . . . . . . . . . . . . . . 18 ARTICLE XIV - DISCIPLINE . . . . . . . . . . . . . . . . . . 21 ARTICLE XV - INSURANCE . . . . . . . . . . . . . . . . . . . 22 ARTICLE XVI - SAFETY . . . . . . . . . . . . . . . . . . . . 22 ARTICLE XVII - PERSONNEL TRANSACTIONS . . . . . . . . . . . 23 ARTICLE XVIII - CLOTHING AND EQUIPMENT. . . . . . . . . . . 23 ARTICLE XIX - RECOVERY AND REHABILITATION PROGRAM . . . . . 24 ARTICLE XX - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . 24 ARTICLE XXI - PAY PLAN . . . . . . . . . . . . . . . . . . . 27 ARTICLE XXII - AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER. . . . . . . . . . . .28 ARTICLE XXIII - GENERAL CONDITIONS . . . . . . . . . . . . .28 ARTICLE XXIV - DURATION OF AGREEMENT. . . . . . . . . . . .29 ARTICLE XXV - SAVINGS CLAUSE . . . . . . . . . . . . . . . .29 CLASSIFICATION PLAN . . . . . . . . . . . . . . . . . . . . 30 1 Oft AGREEMENT OF 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 organi- zation 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: &M 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 Employee 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 Employee 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 1975 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 right, 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. 3 4f7 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. ARTICLE III NO STRIKE --NO LOCKOUT Section 1.No Strike. No employee covered by this Agreement shall engage in any stri— k�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 ARTICLE IV BULLETIN BOARDS Section I. 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 Human Relations Director. 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. 4 #rev Section 2.The Union shall notify the Human Relations Director 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 schedule 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. 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. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. 5 417 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 (10) hour -per -week increments. Section 2.Regular Work Week A. Definitions - A day will be defined as the time between 12:01 A.M. and— mid g t, 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 Da 0 erations - The regular work week for permanent full -ti emp oyees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. 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. Six and Seven Day Operations - The regular work week for permanent me full-tiemployees shal I 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. Section 4. Changing the Regular Hours of Work. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. 10 Section 5.Temoorary and Part -Time Employees A. Permanent part-time 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. Temporary employees may compete for permanent openings with the employer. Their seniority shall be computed from their last date of hire. C. Special program employees include those funded by CETA, work study, WIN, Revenue Sharing for youth programs contract, and similar employees. 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. Section 6.Rest Periods. Except for the transit employees, the City will provide a fi teen 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 7.Meal Periods. The City will provide an unpaid lunch period of not lessess tarty (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 Friday 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 8.Clean-ug lime. If the nature of work performed requires it, employees wiT a ll ballowed a minimum of five (5) minutes for personal clean-up at the end of the work day. 7 OW Section 9.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 consideraiton 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. ARTICLE VIII OVERTIME Section 1.0vertime. 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. For permanent part-time employees all working time in excess of that worked by permanent full-time employees will 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 employee may request reasons for the denial of the time off or pay. _.u), .uV V.uj III I F. V. IYO IVI VIIV VI VIM IVIIVO IIIN. r I*& V?s 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. B. The City shall maintain and post (at least monthly) in a public 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: R] 403 A rest period of one-half hour immediately following the work day, or 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.Stan�d-B Time. Employees who are on stand-by time are required to be at a�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 at a rate of six (6) hours at current base pay rate for each week of stand-by time. A call device and vehicle will be furnished to an employee on stand-by. Employees called to work shall be paid at the regular call-in rate for each call in accordance with Section 6 Minimum Call-in in addition to stand-by 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 nine (9) 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 icalled 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 minimun call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect 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. Each quarter an employee may meet, upon request, with his/her department head to review the hours worked in an attempt to facilitate the provisions of this section. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. 10 V0 Section 8.Librar Overtime. Permanent employees required to work on Sundays at the Library wil receive 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 succeeeding pay checks. ARTICLE IX HOLIDAYS Section 1.The following days shall be paid holidays for permanent employees: New Year's Day (January 1); 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. In order to receive holiday credit, an employee must work the day before and the day after a holiday or must make prior arrangements for approved paid or unpaid leave. 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 24 and January 2. Section 3. Permanent employees on a conti nous shift shall receive eighty-eight (88) hours 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 as yet occurred 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 a �_py holiday hours. He would be paid sixteen (16) hours of ho iday 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) 11 elQso 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 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 (1 1/2) 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 eight (8) 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. Section 7. Holidays or personal leave days shall not be carried beyond July 1 of any year. 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 ac— co g to the following schedule: Length of Service Days Per Pay Month 0-5 years 1 5 years 1 day - 10 years 1 1/4 10 years 1 day - 20 years 1 1/2 more than 20 years 2 12 feU 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.Pa ment 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 l.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 on the basis of a permanent employee's current hourly base salary. 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. 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: 13 497 (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. Section 3.Notification. An employee shall notify his/her supervisor as soor, as reasonably possible of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after 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. 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 ill. 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. 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 lengt'i of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, length of service before an employee 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. 14 WI? ARTICLE XII SPECIAL LEAVES Section 1.On the Job Inaury. 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 exits: 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) working days thereafter 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. Section 2.Funerals. An employee will be granted up to three (3) work days per incid ne the t with no loss of compensation or accruals to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, 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 three (3) work days of accumulated sick leave with the approval of the 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 disability (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 will be offered vacancies in related areas or vacancies for which the employee is otherwise qualif �a. In the event an employee fails 7�o 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: 15 Of a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired. C. Must pay premium for coverage under the group life insurance plan if coverage is desired. d. Shall not receive any other accruals or job benefits during the period of absence. e. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. f. Shall not earn sick, vacation, or other leave. g. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Department Director may waive the above conditions (a. through g.) 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 and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6.Military Leave. Employees called by any branch of the Armed Forces of the U m ted 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 re -instatement 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.Votinc 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. 16 3-00 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. 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 Section C above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. 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: 17 Sat 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. 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 s x (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: They may not grieve any disciplinary actions taken against them. 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: IN Soa. a. Transfer Procedures. Except in the case of emergency cir- cumstances, 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 qualifed 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. Step H. 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. 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 classification 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 employees within classification (who are by definition without seniority) 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 who 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. 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 19 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 preceeding conditions. 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. The Union shall hold the City harmless and indemnify it for all suits, judgments, costs, fees or other expenses incurred due to any challenge made to the proper application of this Article, provided the Union is given prior notice of any such legal action and the opportunity to defend. C. Recall from Layoff. The names of permanent employees laid off sha 1 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 pursant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their returning to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. The use of senority 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. Em to ee o tion. A transferred employee shall be granted up to ten 10 days to determine he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. 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 20 _'SCsi 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 Senority. In the event two or more transit drivers have identicalseniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE XIV DISCIPLINE Section l.Pur ose. 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 1975 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 warning 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 first 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. 21 505 ARTICLE XV INSURANCE Section 1.Medical insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents if applicable. A pro rate share of the cost of the premium will be paid for part-time employees. Effective July 1, 1981, the City will: a. increase the major medical coverage from $50,000 to $250,000, and b. increase the D -X -L coverage from $50.00 to unlimited. 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. 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 4. 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. 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 22 506 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 on the City Manager's 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 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. 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. Section 2. The employer will provide required protective clothing, or protective devices, including up to $35.00 per pair `or the purchase of no more than (2) pairs of safety shoes annually. 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 23 5o7 supervisor. The employee shall provide the full cost of safety prescription glasses. ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section l.Voluntar_y 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 and 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 ident 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. 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 for purposes of this section. Section 2.Representation. 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 Human Relations Director. 24 9'ok 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. Section 4.Procedures. A grievance that may arise shall be processed and settled in theof owing manner: A. Step 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 five (5) working days after the knowledge of the event giving rise to the grievance. The date of the oral presentation of the grievance shall be certified in writing. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within five (5) working days after the Step 1 conference. If no response is received from the supervisor within five (5) working days the grievance will be processed pursuant to Step 2. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within five (5) 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 in an attempt to resolve the grievance. The Department Director or Library Director shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon to grievants and steward, if applicable. 25 509 C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within ten (10) 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. The City Manager will investigate and respond to the grievant and steward within ten (10) working days. 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. 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 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. 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. 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 nonworking hours of the labor members. 26 S/O 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 PIAN 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 June 30, 1981, shall be adjusted upward by 8.2% effective July 1, 1981. Also effective July 1, 1981, the following additional annual adjustments to be made: Job Classification 1. Electrician 2. Electrical Technician 3. Shop Supervisor 4. Housing Inspector 5. Senior Engineering Technician 6. Civil Engineer 7. Construction Inspector 8. Maintenance Workers -Parks -Streets -Landfill -Refuse Annual Adjustment $ 318.00 832.00 1205.00 756.00 842.00 766.00 514.00 400.00 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 Plan. Each range of the pay classification plan will contain six (6) stepsTA—F). Employees at Step A are eligible for review and an increase to Step B after six (6) months. Step A will be determined by the City unilaterally based on market information and other factors related to the particular job title for which the wage is being set. Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside 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. 27 S// 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 years 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 AMOUNT 5 years $ 200.00 10 years 275.00 15 years 375.00 20 years 475.00 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 con- ditions of this Agreement shall be conducted by authorized represen- tatives 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 parties. 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. 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. FI:1 drill 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 1, 1981, and June 30, 1983, except for base salaries which shall be subject to reopened negotiations concerning salary changes effective July 1, 1982. Furthermore, this contract shall continue from year to year subsequent to June 30, 1983, unless written notice to change or modify it is served by either party to the other prior to August 15 of the year preceding the expiration date of this agreement or any extension thereof. 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. 29 si3 Ranges 1-24 CITY OF IOWA CITY CLASSIFICATION PLAN JULY 1, 1981 Pay Pay Range TITLE Range TITLE 01 Clerk/Typist 13 Electrician Maintenance Worker I Water Meter Reader 14 Senior Maintenance Worker Library Clerk (Parks, Landfill, Streets, Refuse) Cashier 15 Housing Specialist 02 Account Clerk Laboratory Technician Duplicating Machine Operator Senior Mechanic Keypunch Operator Librarian I Senior Treatment Plant Operator 03 Maintenance Worker I (Parks, Landfill, Streets, Refuse) 16 Electronics Technician 04 Animal Control Officer 17 Building Inspector Senior Library Clerk Rec Program Supervisor II Senior Clerk/Typist Parking Enforcement Attd. 18 Librarian II Broadband Telecommunication Spec. 05 Transit Operator Police Dispatcher 19 Housing Inspector Maintenance Worker II 20 Shop Supervisor 06 Maintenance Worker II (Parks, Landfill, Streets, Refuse) 21 Senior Engineering Technician 07 Library Assistant 22 Rehabilitation Officer Planner I 08 Senior Account Clerk Senior Construction Inspector Maintenance Worker III Treatment Plant Operator 1 23 Senior Librarian Housing Management Aide Planner II Transit Operations Assistant 24 Civil Engineer 09 Maintenance Worker III (Parks, Landfill, Streets, Refuse) 10 Technical Assistant Mechanic I Chief Radio Dispatcher 11 Buyer Senior Maintenance Worker Mechanic II 12 Construction Inspector 30 THE AMERICAN FEDERATION OF STATE, CITY OF IOWA CITY, IOWA COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 BY: /� /.� A /1vh a. . BY: PRES�DENfi YOR BY: 21h t "slam iL /-�_ u_ ` ATTEST: ,L -(c l Gtr CITY CLERK !' moi" �-• TEAM MEMBERS a "r LIBRARY BOARD OF IOWA CITY, IOWA 31 i-/5� 01-01 01.02 01-03 01-04 O1 -OS 02-03 02-01 02-02 03-01 04-01 04-02 04-03 04-04 05-01 05-02 05-03 06-01 07-01 08-01 08-02 08-03 08-04 08-05 09-01 10-01 10-02 10-03 11-01 11-02 11-03 12-01 r POSITION TITLE Clerk/Typist Maintenance Worker 1 Water Meter Reader Library Clerk Cashier Keypunch Operator Account Clerk Duplicating Machine Op. Maintenance Worker I (Parks. Landfill, Streets Refuse) Animl Control Officer Senior Library Clerk Senior Clerk/Typist Parking Enforce. Atten. Transit Operators Police Dispatcher Maintenance Worker 11 Maintenance Worker 1I (Parks, Landfill, Streets, Refuse) Library Assistant Senior Account Clerk Maintenance Worker tll Treatment Plant Op. I Housing Management Aide Transit Operations Assistant Maintenance Worker III (Parks, Landfill, Streets, Refuse) Technical Assistant Mechanic I Chief Radio Dispatcher Buyer Senior Maintenance Worker Mechanic II Construction Inspector 13-01 Electrican 14-01 Senior Maintenance Worker (Parks, Landfill, Streets. Refuse) MINIMUM A B Hr 5.145 5.769 Biwk 411.60 461.52 Ann 10,701.60 11,999.52 Hr 5.314 5.950 Biwk 425.12 476.00 Ann 11,053.12 12,376.00 Hr 5.337 5.961 Biwk 426.96 476.88 Ann 11,100.96 12,398.88 Hr 5.480 6.145 Biwk 438.40 491.60 Ann 11,398.40 12,781.60 Hr 5.662 6.352 Biwk 452.96 508.16 Ann 11,776.96 13,212.16 Hr 5.681 6.544 Biwk 454.48 523.52 Ann 11,816.48 13.611.52 Hr 5.855 6.560 Biwk 468.40 524.80 Ann 12,178.40 13.644.80 Hr 6.048 6.782 Biwk 483.84 542.56 Ann 12.579.84 14,106.56 Hr 6.240 6.974 Biwk 499.20 557.92 Ann 12,979.20 14,505.92 Hr 6.25S 7.018 Biwk 500.40 561.44 Ann 13,010.40 14,597.44 Hr 6.474 7.267 B1wk 517.92 581.36 Ann 13,465.92 15,115.35 Hr 6.502 1.265 Biwk 520.16 581.20 Ann 13,524.16 15.111.20 Hr 6.627 7,420 Biwk 530.16 593.60 Ann 13,784.16 15,433.60 Hr 6.665 7,459 91.k 533.28 596.72 Ann 13,865.24 15,514.72 MID -POINT C e S.950 6.145 476.00 491.60 12,376.00 12,781.60 6.145 6.352 491.60 508.16 12,781.60 13,212.16 6.142 6.337 491.36 506.96 12,775.36 13,180.96 MAXIMUM E F 5.352 5.560 $08.16 524.80 13,212.16 13,644.80 6.560 5.782 524.80 542.56 13,644.80 14.106.56 6.544 6.752 523.52 540.16 13,611.52 14,044.16 6.352 6.560 6.782 7.018 508.16 524.80 542.56 561.44 13,212.16 13,644.80 14,106.56 14,597.44 6.560 6.782 524.80 542.56 13,644.80 14,106.56 6.752 6.974 540.16 557.92 14,044.16 14,505.92 6.782 7.018 542.56 561.44 14,106.56 14,597.44 7.018 7.267 561.44 581.36 14,597.44 15,115.36 7.018 '7.267 561.44 581.36 14,597.44 15,115.36 7.210 4 7.459 576.80 596.72 14,996.80 15,514.72 7.267 7.516 581.36 601.28 15,115.36 15,633.28 7.516 7.794 601.28 623.52 15.633.28 16,211.52 7.210 7.459 7.708 7.986 576.80 596.72 616.64 638.88 14,996.80 15,514.72 16,032.64 16,610.88 7.267 7.516 7.794 8.071 581.36 601.28 623.52 645.68 15,115.36 15,633.28 16,211.52 16,787.68 7.516 7.794 8.071 8.376 601.26 623.52 645.68 670.08 15,633.28 16,211.52 16,787.68 17,422.08 7.514 7.763 8.041 8.318 601.12 621.04 643.28 665.44 15,629.12 16,147.04 16,725.28 17,301. 44 7.669 7.947 8.224 8.529 613.52 635.16 657.92 682.32 I5,95I.52 16,529.76 17,105.92 17,740.32 7.108 7.986 8.263 8.568 616.64 638.88 661.04 685.44 16.032.64 16,610.88 17,187.04 17,821.44 5/G .-f/ 7 POSITION TITLI MINIMW M_i 11-PU1147 MAXIMUM A B C D E F 15-01 Housing Specialist Mr 6.831 7.516 7.794 623.52 8.071 645.68 8.376 670.08 8.708 696.64 15-02 Laboratory Technician Birk 546.48 601.28 16,211.52 16,787.68 17,422.DB 18,112.64 15-03 Senior Mechanic Ann 14,208.48 15,633.28 15-04 Librarian 1 15-05 Sr. Treatment Plant Op. 16-01 Electronics Technician Hr 6.874 7.667 7.916 633.28 8.194 655.52 8.471 677.68 8.776 702.06 Biwk Ann 549.92 14,297.92 613.36 15,947.36 16,465.28 17,043.52 17,619.68 18,254.08 17-01 Building Inspector Hr 7.068 7.794 8.071 8.376 8.708 9.012 17-02 Pec Program Supr. 11 Biwk 565.44 623.52 645.68 670.08 696.64 720.96 Ann 14,701.44 16,211.52 16,787.68 17,422.08 18,112.64 18,744.96 18-01 Librarian 11 Hr 7.309 8.071 8.376 8.706 9.012 9.359 IB -02 Broadband Telecom. Spec. Biwk 584.72 645.68 670.08 696.64 720.96 748.72 Ann 15,202.72 16,787.68 17,422.08 18,112.64 18,744.96 19,466.72 19-01 Housing Inspector Hr 7.431 8.157 8.434 8.739 699.12 9.076 726.08 9.375 750.00 Bial Ann 594.48 15,456.48 652.56 16,966.56 674.72 17,542.72 18,177.12 18,878.08 19,500.00 20-01 Shop Supervisor Hr 7.647 8.373 8.650 8.955 9.287 9.591 767.28 Biwk 611.76 669.84 692.00 716.40 742.96 Ann 15,905.76 17,415.84 17,992.00 18,626.40 19,316.96 19,949.28 21-01 Senior Engineering Tech. Hr 7.714 8.476 8.781 702.48 9.113 729.04 9.417 753.36 9.764 781.12 Biwk 617.12 678.08 Ann 16,045.12 17,630.08 18,264.48 18,955.04 19,587.36 20,309.12 22-01 Rehabilitation Officer Hr 7.885 8.708 9.012 9.359 9.720 777.60 10.066 805.28 22-02 Planner Biwk Ann 630.80 16,400.80 696.64 18,112.64 720.96 18,744.96 748.72 19,466.72 20,217.60 20,937.28 22-03 Sr. construct. Inspector 23-01 Senior Librarian Hr 8.199 9.012 9.359 9.720 10.066 10.413 23-02 Planner Biwk 655.92 720.96 748.72 777.60 805.28 833.04 Ann 17,053.92 18,744.96 19,466.72 20,217.60 20,937.28 21,659.04 24-01 Civil En91 Mer Hr 8.567 9.380 9.727 10.088 10.434 10.781 Biwk 665.36 750.40 778.16 807.04 834.72 862.48 Ann 17,819.36 19,510.40 20,232.16 20,983.04 21,702.72 22,424.48 .-f/ 7 RESOLUTION NO. 81-161 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, 1981, THROUGH JUNE 30, 1982. 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 tentative collective bargaining agreement to be effective July 1, 1981 through June 30, 1982, a copy of which Agreement is attached to this Resolution as "Exhibit A" 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 BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 Lynch and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 16th day of f/June , 1981. p ATTEST: �c 1 CIT7 CLERK Received & Approved BY The Legal Department S/00 CONTRACT BETWEEN CITY OF IOWA CITY, IOWA /IJd IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1981 I id JUNE 30, 1982 s1 TABLE OF CONTENTS ARTICLE Preamble . . . . . . . . . . . . . . . . . . . . . . Article I -- Recognition . . . . . . . . . . . . . . Article II -- Management Rights . . . . . . . . . . . . Article III - No Strike - No Lockout . . . . . . . . . . . Article IV -- Dues Check Off . . . . . . . . . . . . . . . Article V -- Hours of Work . . . . . . . . . . . . . . . . Article VI -- Overtime . . . . . . . . . . . . . . . . . . Article VII -- Special Leave . . . . . . . . . . . . . . . Article VIII -- Holidays . . . . . . . . . . . . . . . . . Article IX -- Sick Leave . . . . . . . . . . . . . . . . . Article X -- Vacations . . . . . . . . . . . . . . . Article XI -- Union Activities . . . . . . . . . . . . Aritcle XII -- Uniforms and Equipment . . . . . . . . . . Article XIII -- Insurance . . . . . . . . . . . . . Article XIV -- Duty Outside the City . . . . . . . . . . . Article XV -- Training Programs . . . . . . . . . . . . . Article XVI -- Bulletin Boards . . . . . . . . . . . Article XVII -- Personnel Transactions . . . . . . . . . . Article XVIII -- Discipline . . . . . . . . . . . . . . . Article XIX -- Transfer Procedures . . . . . . . . . . Article XX -- Supplemental Employment . . . . . . . . . . Article XXI -- Safety . . . . . . . . . . . . . . . Article XXII -- Grievance Procedure . . . . . . . . . . . Article XXIII -- General Conditions . . . . . . . . . . . Article XXIV -- Waiver . . . . . . . . . . . . . . . . Article XXV -- Savings Clause . . . . . . . . . . . . . . Article XXVI -- Duration . . . . . . . . . . . . . . . . . Article XXVII -- Wages . . . . . . . . . . . . . . Article XXVIII -- Other Compensation . . . . . . . . . . . PAGE 5P This Contract as the "City" and I. A. F. F. AFUCIO, promoting harmoniou PREAMBLE is entered into by the City the Iowa City Association Local 610, referred to as s and cooperative collectiv eof Iowa City, Iowa, referred to of Professional Fire Fighters, the "Union", for the purpose of bargaining between the parties. The parties agree to the following specific provisions: C5 a/ 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 of the 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 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 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. 5p} 3 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 moneys 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 (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 V HOURS OF WORK Section I. 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 ,5.73 4 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. Tradingof Time. The City will permit fire fighters to exchange work shifts within n 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 within the fiscal year, upon termination, or by such time as required by the law, whichever comes first. d. The substitution may not impose any additional costs on the Employer, and 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.�Staf�fin . The Chief has sole discretion to determine the number of people who ta�time off in any rank as well as the level of staff for the Fire Department. Section 5. Pa outside of classification. If an acting temporary appointment out75 rank is made inwriting y the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. 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 fia`� 5 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 in the following circumstances only: a. Where overtime assignments are made over 72 (seventy-two) hours in advance; b. The right to refuse an overtime assignment shall be limited to the first 3 (three) employees asked; 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 (132) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (lit) 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 considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the 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 worker n 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 minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) 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. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII 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 S07S 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. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incid� ent as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members 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 Pa A leave of absence without pay is a predetermined amount o time off wort, 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 (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 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 contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. 630,e The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) 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 supression activities. In the event that the employee is not excused 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 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. Vottiin 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. P�reg�a�n�yLea�ve. A pregnant employee shall be entitled to a leave of absence withouT t 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, 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); 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, or 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 F] 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 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 al personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave creditper monT—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 the first 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. Section 2. Use of Sick Leave. a. 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 a .h 4 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. 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 within one (1) hour after 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 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. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disability leave. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours (8 shifts/yr) 192 10 years 1 day -15 years 18 hours (9 shifts/yr) 216 15 years 1 day -20 years 20 hours (10 shifts/yr) 240 more than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over after July 1 of any year 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 January 1 and May 15 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. 5079 10 Employees will indicate their first choice in the order of seniority within the department. 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 that two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetin s. The Union may use the All -Purpose Room for union meetings for three 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 for 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. 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. 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 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 a—t ewe 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. Negotiations. 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: 35 h Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts Winter coat 3 work pants 11 Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications 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 reimburse the employees a maximum of $50.00 annually toward cost of cleaning uniforms which require dry cleaning. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided or employees and eligible dependents or its equivalent. When the City changes insurance carriers, it shall meet and confer with the union regarding the benefits of the new insurance plan. 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. 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 SZ 12 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. 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. Materials removed will be placed in an inactive file. 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 L321 7 13 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 1977 Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to 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 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge 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 ans Trfers. 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 member, 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: Two (2) employees desire to trade battalions, OR, 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 employment. 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. S33 14 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 th�ity 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. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean an�pute 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. 63 15 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 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 fo owls i ng manner: Step I. 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 representative), 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 Arbitration. Section 6. Arbitration. Grievances not resolved at Step 2 of the Grievance Procedure matey e—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 Fire Chief's response at Step 2. Copies of any such request by an employee will be furnished to the City and 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) propective 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 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. .S'3S 16 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 $5.00 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 bl vehicle if availae at times and in areas designated by the Fire Chief. 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 V 17 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. This Contract supersedes 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 nU RATION This Contract shall be in effect between July 1, 1981, and June 30, 1982, 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 extention thereof. ARTICLE XXVII WAGES Section 1. Beginning July 1, 1981, the base pay of each step for the Iowa City Fire Department Fire Fighters, Lieutenants and Captains will be increased by a total of twelve and nine -tenths (12.9) percent. A copy of the 1981-82 Pay Plan is attached as Exhibit A. SW In 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 (2) percent 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, 1981. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1981) and for August, 1981 -November, 1981 -February, 1982 -May, 1982. 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 (2) percent 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. Lo�ngevit Pad. A payment will be made to permanent full time employees as of December 1, 1981, to reflect years of service with the City according to the following schedule: Lenath of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 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. In addition, a payment of $400 will be made to each permanent full time bargaining unit employee as of December 1, 1981. In the event that an employee terminates for any reason after December 1, 1981, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1982, will return $200 of the December 1 payment. 6o 19 CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL 8610 --�� , B BY • a Lo nvno DATE: 7 BY: Z37 FIRE PAY PLAN JULY 1, 1981 MINIMUM POSITION TITLE A B C U 35-01 Hr 5.28 5.52 5.76 5.99 Firefighter* Biwk 591.36 618.24 645.12 670.88 Ann 15,375.36 16,074.24 16,773.12 17,442.88 36-01 Hr 6.54 6.82 Fire Lieutenant* Biwk 732.48 763.84 Ann 19,044.48 19,859.84 37-01 Hr 7.14 7.44 Fire Captain* Biwk 799.68 833.28 Ann 20,791.68 21,665.28 *56 hr work week MAXIMUM E F 6.25 6.54 700.00 732.48 18,200.00 19,044.48 7.14 799.68 20,791.68 7.78 871.36 22,655.36 RESOLUTION NO. 81-162 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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 Roharts and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch X Erdahl X Neuhauser x Perret X Roberts X Vevera X Passed and approved this 30th day of June 19 81 � ayor i Attest:, City Clerk 82-66 82-67 82-68 82-69 82-70 82-71 82-72 82-73 82-74 82-75 82-76 82-77 82-78 82-79 82-80 82-81 82-82 82-83 82-84 82-85 82-86 82-87 82-88 82-89 82-90 82-91 82-92 82-93 82-94 82-95 82-96 82-97 82-98 82-99 82-100 82-101 82-102 82-103 82-104 82-105 82-106 82-107 82-108 Iowa City Moose Lodge #1096, P.O. Box 26 Watt's Foi arket, 1603 Muscatine Ave. Vitosh Sti rd, 1905 Keokuk St. Gas Company, 2300 Muscatine Ave. Quik Trip #503, 123 W. Benton Quik Trip #509, 225 S. Gilbert St. Quik Trip #539, 301 Market Pearson's Drug Store, 202 N. Linn St. Sinclair Marketing, 731 S. Riverside Dr. Tuck's Place, 210 N. Linn Sheller Globe, Hwy. 6 East Towncrest DX, 2611 Muscatine Ave. Walgreens, 1646 Sycamore St. Diamond Dave's Taco Co., Old Capital Center #279 Comer's, 13 S. Dubuque St. Sambo's Restaurant, 830 South Riverside Drive Owens Brush Company, Lower Muscatine Road K -Mart Store #4315, 901 Hollywood Boulevard American College Testing Program, Inc., Hwy 1 The Brown Bottle, 314-"!S.:6iDS9n Copper Dollar, 211 Iowa Ave. Sycamore Eating & Drinking Co., Mall Shopping Senor Pablos, 830 1st. Ave. Bill's I-80 DX, Hwy 1 & I-80 Sanctuary, 405 S. Gilbert Vine, 330 E. Prentiss Wilke's, 122 Wright St. Ken's Hardware, Hwy 6 West Knights of Columbus, 328 E Washington St. Doc's Standard, 801 S. Riverside Dr. Big Ten DX, 513 S. Riverside Dr. Kitty Hawk, 800 S. Dubuque Rossie's Cafe, 329 S. Gilbert Deadwood, 6 S. Dubuque VFW #3949, Hwy 6 By -Pass Breadline, 325 E. Washington Osco Drug #448, Old Capitol Center Harry's Dodge St. DX, 605 N. Dodge Maxwell's, 121 East College St. Interstate 80 Center _3�%j S, the Engineering Department has certified that the following improvements have been ocmpleted in accordance with plans and specifications of the City of Iowa City, Storm sewer in the storm water management basin (Villa Park extended) for MacBride Addition, Part III. AND * EREAS, Maintenance Bonds for the improvements are on file in the City Clerk's office, NOW TfMFEFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by -the City of Iowaa City. It was moved by Roberts and se=xled by Vevera that the Resolution as read be accept , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 30th day of June , 19 81 . 7 Mayor ATTEST; ti,dj Received 86 Approved City Clerk By The legal Deparhmn �Z $ CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT June 24, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Storm sewer in the storm water management basin (Villa Park extended) for MacBride Addition, Part III. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, / Charles J. Sc m!S ad6kke, P,E, City Engineer CJS/DG/jp ,6-145- SOLUTION NO. 81-164 M YA RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THF SCOTT BOULEVARD pAVIN' ImPRpyEmENr onmrrT PHASE II DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 14thday of July 19_x_, at 7.30 rm_ 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 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 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 Roberts and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES; NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 30th day of June 19 21 —' ATTEST: --�� City Cler) Remhred & Approve,' tIhe Legal Deparhmnt 6 6/25A1 RESOLUTION 81-165 WHEREAS, the owner and proprietor, Rolin Investments, Ltd., has filed -with the City Clerk of Iowa City, a preliminary plat and planned area development plan and subdivision of Regency Gardens, Parts I through V; an Addition to the City of Iowa City, Iowa, covering the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°13'31"W, 1875.00 feet along the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4°54'03"E, 445.14 feet; Thence S85°05'57"W, 187.15 feet; Thence N04054'03"W, 31.12 feet; Thence S85°05'57"W, 152.73 feet; Thence NOO°16'31"W, 441.54 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 3.3 acres. AND WHEREAS, the owner and proprietor, Rolin Investments, Ltd., has filed with the City Clerk of Iowa City, a final plat and planned area development plan and subdivision of Regency Gardens, Parts I through IV, an Addition to the City of Iowa City, Iowa, covering the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°13'31"W, 1875.00 feet along the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4°54'03"E, 285.12 feet; Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E, 5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence NOO°16'31"W, 302.24 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 2.14 acres. AND WHEREAS, said property is owned by the above named corporation and the dedications as required by the subdivision ordinance of the City of Iowa City, have been made with the free consent and in accordance with the desires of said proprietor; -2 - AND WHEREAS, said preliminary and final plat and planned area development plan and subdivision have been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said commission has recommended that said plat and plan and subdivision be accepted and approved; AND WHEREAS, said preliminary and final plat and planned area development plan and subdivision are found to conform with the requirements of the city ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the Code of Iowa (1979) and all other statutory requirements: NOW THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa: 1. That said preliminary plat and planned area development plan and subdivision of Regency Gardens, Parts I through VI, an Addition to the City of Iowa City, Iowa, and the final plat and planned area development plan and subdivision of Regency Gardens, Parts I through IV, be and the same are hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets, sidewalks and public utilities easements set out therein is hereby accepted as by law provided and the west side of Westwinds Drive shall be posted "No Parking". BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution and of the final plat of said subdivision to the office of the County Recorder of Johnson County, Iowa. BE IT FURTHER RESOLVED that the City G=cil of the City of Iowa City, Iowa, hereby approves the Storm Water Management Agreement and s �8 -3 - Easement Agreement with Mad Creek Development Corporation and Rolin Investments, Ltd., and authorizes the execution of said Storm Water Management Agreement and Easement Agreement by the Mayor and City Clerk. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were AYE NAY Balmer x Erdahl x _ Lynch x _ Neuhauser x Perret x Roberts x Vevera _ X ABSENT The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, Iowa, as a true and exact copy of a Resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the day of �'f,�h ,� 1981. ABBrE STOLFUS City Clerk of Iowa City, Iowa Passed and approved this iia"day of 1981. C/ KIMay or i ATTEST: Q, -t -Xkde�� AB City Clerk of Iowa C ty, Iowa CORPORATE SEAL RN*lvsd $ Appmvod BY TIM Legal Dep j►hr.,. so STORM WATER MANAGEMENT AGREEMENT AND EASEMENT AGREEMENT THIS STORM WATER MANAGEMENT AGREEMENT AND EASEMENT AGREEMENT is hereby made and entered into by and between MAD CREEK DEVELOPMENT CORPORATION, an Iowa corporation ("Mad Creek") and ROLIN INVESTMENTS, LTD., an Iowa corporation ("Rolin"), and the CITY OF IOWA CITY, IOWA, an Iowa Municipal corporation ("City"). RECITALS: 1. Rolin has filed a final plat and planned area development plan and subdivision for Regency Gardens, Parts I through IV, with City and desires to have City approve said subdivision. 2. Mad Creek and Rolin have reached an agreement wherein Rolin may store storm water from said development, including Regency Gardens, Parts V and VI (as well as Parts I through IV), on real estate owned by Mad Creek. 3. Mad Creek is willing to grant to City the right of the use of the easements described herein. In consideration of the mutual covenants, conditions and restric- tions contained herein it is agreed as follows: 1. GRANT OF EASEMENT. Mad Creek hereby grants and conveys to Rolin a perpetual easement over, across and under the real estate described in Exhibit "A" attached hereto for a storm water management holding basin facility and over, across and under the real estate described in Exhibit "B" for the holding basin facility access easement. Mad Creek and Rolin further grant and convey to City the right to use said easements to the extent the City needs to enforce its rights under the Storm Water Management Agreement between Rolin and City. -2- 2. CONSIDERATION. Mad Creek hereby acknowledges receipt of Ten Dollars ($10.00) from Rolin for payment of the grant of easement set forth herein and Mad Creek further acknowledges that the development of Regency Gardens, Parts I through VI, by Rolin will be favorable to Mad Creek because Mad Creek believes it will enhance the value of real estate owned by Mad Creek located to the south of Regency Gardens, Parts I through VI. 3. USE OF EASEMENTS. The storm water management holding basin facility described in Exhibit "A" shall be used solely for the holding of storm water from Regency Gardens, Parts I through VI. Further, the holding basin access easement described in Exhibit "B" shall be used solely for the purpose of gaining access to the storm water management holding basin and no improvements on the holding basin access easement shall be permitted by Rolin. Mad Creek agrees to keep said access easement free and clear of all improvements to permit access by vehicles to the storm water management holding basin and reserves the right to pave said easement if it so desires. However, Mad Creek shall have no obligation to pave or otherwise improve the current status of the holding basin access easement and any improvements shall be in its sole discretion. In the event Rolin wants to pave said access easement, written consent from Mad Creek shall be obtained which consent shall not be unreasonably withheld. 4. BINDING. This Easement Agreement shall run with Mad Creek's land and the title thereto and shall be binding on Mad Creek and its heirs, and any successors in interest who shall hereafter acquire title to the property of Mad Creek. 5. COVENANT. In consideration of the City approving Rolin's Storm Water Management Plan, Rolin agrees as a covenant running with the land that the City shall not issue any building permit on any lots in ✓✓51 -3 - Regency Gardens, Parts I through IV, unless and until the proposed storm water control facility and the site work incident thereto have been completed according to the plans and specifications approved by the City. 6. RIGHTS OF CITY. Rolin and Mad Creek further grant to City the following rights in connection with the easements described in paragraph 1 herein: a. The right to grade and regrade the area included within the Storm Water Management Easement Area ("Exhibit A") provided that the City shall promptly reseed any areas upon which such grading or regrading has been accomplished. b. The right from time to time to trim and cut down and clear away any and all trees and brush on said Storm Water Management Holding Basin Easement area ("Exhibit A") and Holding Basin Access Easement area ("Exhibit B"), which now or hereafter, in the opinion of City, may interfere with the Holding Basin Access Easement or the natural passage of storm water through the storm water storage area of the Storm Water Management Holding Basin Easement, provided that any damage caused by the City to the storm water storage area described in the Storm Water Management Holding Basin Easement or the area described in the Holding Basin Access Easement area shall be promptly repaired by the City. C. The right in ingress and egress to the Storm Water Management Holding Basin Easement area ("Exhibit A") and, over and across the Holding Basin Access Easement ("Exhibit B") area for the purpose of construction or ordinary maintenance within the Storm Water Management Holding Basin Easement area. 7. RESERVATION OF RIGHTS. Rolin and Mad Creek, and their successors and assigns, reserve the right to use the Storm Water -4 - Management Holding Basin and Access Holding Basin Easement areas ("Exhibits A and B") for any purpose which will not interfere with City's full enjoyment of the rights herein granted; provided that Rolin and Mad Creek and their successors and assigns shall not erect or construct any buildings, fences or other structures or obstructions on said areas or substantially add to the ground cover on said areas. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on thisday of 1981. CITY OF IOWA CITY, IOWA a!R )t I By ABBE SIOLFUS, City C er %2fel By 1',-c 6-3o 9,1 ROLIN INVESTMENTS, LTD., — M rest ent PAUL 0 Secretary MAD CREEK DEVELOPMENT CORPORATION By M S53 STATE OF IOWA SS. JOHNSON COUNTY _F_ On this i day of Jut,, - 1981, before me, the undersiened. a Notary Public in and for the State of Iowa, personally appeared PAUL S. OLIN, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary of said corporation; that the corporation has no corporate seal; that said instrument was signed on behalf of said corporation by authority of the Board of Directors and that the said PAUL S. OLIN as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. STATE OF IOWA SS. JOHNSON _COUNTY Notary Public in'�a d for the State of Iowa On this� day of , 1981, before me, the undersigned, a Notary Public in and for the tat of Iowa, personally appeared JOHN R. BALMER and ABBIE STOLFUS, 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; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of said Municipal corporation by authority of the City Council and that the said JOHN R. BALMER and ABBIE STOLFUS 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. CORPORATE SEAL STATE OF IOWA SS. JOHNSON COUNTY Notary Public in and for the State of Iowa On this day of SL(IVC 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared (hz( , A `,1,,,C -aft& h' ,s ) to me personally known, who, being by me duly sworn, did say that they --are the hre'S eo, /T of said corporation; that the corporation has no corporate seal; that said instrument was signed on behalf of said coryoration by authority of the Board of Directors and that the said 43,cuc e- *�'- O h 1� 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 i and for the State of Iowa SSfL EXHIBIT "A" STORM WATER MANAGEMENT HOLDING BASIN EASEMENT Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N00013'31"W, 1875.00 feet, on the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet; Thence S4°54'03"E, 893.26 feet to the Point -of -Beginning; Thence East 218.60 feet; Thence S00°13'31"E, 225.00 feet; Thence West 280.00 feet; Thence N13°56'46"E, 199.71 feet; Thence N85°05'57"E, 15.00 feet; Thence N4°54'03"W, 30.00 feet to the Point -of -Beginning. Said tract of land containing 1.29 acres. S5S EXHIBIT "B" HOLDING BASIN ACCESS EASEMENT Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N00°13'31"W, 1875.00 feet, on the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet; Thence SO4054'03"E, 557.98 feet; to the Northerly Right -of -Way line of Roberts Road which is the Point -of -Beginning; Thence S4°54'03"E, 365.28 feet; Thence S85°65'57"W, 15.00 feet; Thence N4°54'03"W, 365.27 feet; Thence N85°02'57"E, 15.00 feet to the Point -of -Beginning. Said tract of land containing 0.12 acres. SS` AGREEMENT THIS AGREEMENT, made by and between ROLIN INVESTMENTS, LTD., the Owner and subdivider, hereinafter called the "Subdivider", and the CITY OF IOWA CITY, IOWA, a Municipal Corporation, hereinafter called the "city". WITNESSETH: 1. CONSIDERATION AND COVENANT. In consideration of the City approving the plat and planned area development plan and subdivision of Regency Gardens, Parts I through IV, the Subdivider agrees as a Covenant running with the land that the City shall not approve any building permit on any lots in the said subdivision unless and until concrete paving at least twenty-eight (28) feet in width, water mains, storm sewers and sanitary sewers have been installed abutting any lot on which a building permit has been requested, as required by the City of Iowa City, Iowa, under its platting ordinance. 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In consideration of the City approving the Subdivider's storm water management plan, the Subdivider agrees as a Covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until the proposed storm water control structure and the site work incident hereto have been completed according to the plans and specifications approved by the City. 3. CONSTRUCTION OF IMPROVEMENTS. All such improvements as stated in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications of the City of Iowa City, Iowa, with inspections by the City engineer or designate. Said inspections consist of occasional inspection of the work in progress, but shall not relieve or release the Subdivider from its responsibility to construct said improvements pursuant to said plans and specifications. 4. SIDEWALKS. The Subdivider agrees that within one (1) year from the date of approval of the final plat of said subdivision, to install sidewalks in said subdivision abutting said lots at least four (4) feet in width and - 2 - according to the plans and specifications of the City of Iowa City, Iowa, and with inspections by the City engineer or designate as specified in Section 3. 5. BUILDING PERMIT AND ESCROW MONEYS. It is further provided,however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pavement, water mains, storm sewers, sanitary sewers, and storm water management facilities are not installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements for said lot or lots plus ten percent (10%) thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa. When said funds are deposited then, in that event, the building inspector of the City of Iowa City, Iowa, shall issue a building permit provided that the applicant complies with all other require- ments and ordinances of said City. 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install such improvements as stated in Sections 1 and 2. 7. USE OF ESCROW MONEYS. If, after the issuance of an occupancy permit, the improvements as stated in Sections 1 and 2 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of the construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots abutting or in front of which said improvements are made. The City shall refund to the depositor any escrow moneys not used by the City after the construction and installation of such improvements. 8. WAIVER. In the event Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains, storm sewers, sanitary sewers, and storm ,,558 - 3 - water management facilities, or if the Subdivider, its assigns or successors in interest or the owner of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said improvements which shall be a lien and charge against all the lots abutting or in front of which improvements are made and any lots which may be assessed for improvements under the provisions of Chapter 384 of the Code of Iowa The cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. 9. RELEASE. The City agrees when such improvements have been installed to the satisfaction of the City, it will immediately file in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. 10. STREET MAINTENANCE. It is further provided that the Subdivider and its assigns and successors in interest agree that the public services included, but not limited to street maintenance, snow removal and rubbish and garbage collection, need not be extended in said subdivision until the pavement is installed and accepted by the City. F DATED this z / day ofy �� e , 1981, at Iowa City, Iowa. ROLIN INVESTMENTS, LTD. CITY OF IOWA CITY, IOWA i BY .PAUL S. OLIN, PresidentJ 'HN R. BALMER, Mayor BY CL" cs � ! �_ BY -EUL S. OLIN, Secretary ABBIE STOLFUS, City Cgerk �M����9�i B?eY�N4�'.lep SIP ,6 sj STATE OF IOWA SS. JOHNSON COUNTY - 4 - On this q .i day of u A'c_ 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared PAUL S. OLIN, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary of said Corporation; that the Corporation has no corporate seal; that said instrument was signed on behalf of said Corporation by authority of the Board of Directors and that the said PAUL S. OLIN as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and by him voluntarily executed. STATE OF IOWA SS. JOHNSON COUNTY 04Notary Public in and for the State of Iowa On this _Z~' day of 1981, before me, the undersigned, a Notary Public in and for thd St to of Iowa, personally appeared JOHN R. BALMER and ABBIE STOLFUS, 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; that the seal affixed hereto is the seal of said City; that said instru- ment was signed and sealed on behalf of said Municipal Corporation by authority of the City Council and that the said JOHN R. BALMER and ABBIE STOLFUS 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. CORPORATE SEAL Not ry Public in and for the State of Iowa Sbo DEDICATION AND CERTIFICATE OF OWNER OF REGENCY GARDENS, PARTS I THROUGH IV IOWA CITY, JOHNSON COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That Rolin Investments, Ltd., an Iowa corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, being the owner in fee of all the land included in Regency Gardens, Parts I through IV, an Addition to the City of Iowa City, Iowa, more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°13'31"W, 1875.00 feet along the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4°54'03"E, 285.12 feet; Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E, 5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence NOO°16'31"W, 302.24 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 2.14 acres. has caused a final planned area development plan and subdivision of said land to be made and the lots, sidewalks, streets and public utility easements to be marked, named and numbered with, all as shown by a plat dated 1981, which plat is attached hereto so that the same may be recorded and hereafter designated as Regency Gardens, Parts I through IV, an Addition to the City of Iowa City, Iowa, and the said Rolin Investments, Ltd. hereby acknowledges the subdivision of the said land shown by said plat and subdivision to be by its free consent and in accordance with its desire, and does hereby set apart and dedicate to the public use forever all land included and shown on said plat as sidewalks, public streets, and public utility easements. IN WITNESS WHEREOF, the owner has caused these presents to be signed on this ;2 i7rday of June, 1981. 56/ STATE OF IOWA SS. JOHNSON COUNTY -2- ROLIN INVESTMENTS, LTD. PAUL S. OLIN, PRES OEN By J� 'PAUL , SECRETARY On this ,; day of June, 1981, before me a Notary Public in and for the State of Iowa, personally appeared Paul S. Olin, to me personally known and sworn on oath for himself did say that he is the President and Secretary of said Rolin Investments, Ltd., executing the within and foregoing instrument, 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 Paul S. Olin as such officers 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 ih and for the State of Iowa JZereiy�id "I PROTECTIVE COVENANTS AND RESTRICTIONS OF REGENCY GARDENS, PARTS I THROUGH IV IOWA CITY, JOHNSON COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the owner of all lots in Regency Gardens, Parts I through IV, to Iowa City, Iowa, the dedication of which Addition is recorded in Book , page , in the Office of the County Recorder of Johnson County, Iowa, for the mutual benefits of those persons who may 0 purchase any of the lots in said Regency Gardens Subdivision, Parts I through IV, Iowa City, Johnson County, Iowa, now owned by the undersigned, hereby impose the following covenants and restrictions on each lot in said sub- division, and shall be binding upon all the present and future owners on each and every parcel of ground in said subdivision as covenants running with the land, and with such force and effect as if contained in each subsequent conveyance of land. 1. All lots shall be used solEly as residential lots and no structures shall be erected thereon other than a single-family dwelling. The following minimum design standards shall apply to all lots: a. Each dwelling will have a single or double car garage or carport; b. Each dwelling shall have ground floor square foot living area of at least 750 square feet; c. All driveways shall be hard surfaced with concrete or asphalt pavement. 2. Each lot owner shall have a five-foot easement for the purpose of driveway maintenance over, across and under the adjoining lot to be used solely for maintaining or repairing the lot owner's driveway. 3. Each lot owner shall have a five-foot easement over and across the adjoining lot for the sole pupose of maintaining the lot owner's dwelling. Said five-foot easement shall be used only if maintenance to the lot owner's dwelling cannot be done from the lot owner's own lot. ."3 - 2 - 4. No noxious or offensive trade shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 5. Camping trailers, motor homes, boats, trailers, or snowmobiles shall not be allowed to be stored anywhere on the lot, unless the above equipment is stored in the attach --d garage. 6. Vegetable gardens may be maintained only at the rear of a dwelling. 7. Fences may be constructed only at the rear of a dwelling and no fences shall be permitted in the front of a dwelling. 8. Nothing contained herein shall relieve the owner from the obligation to comply with all ordinances of the City of Iowa City relative to zoning or building permit applications. 9. These covenants shall be binding on all lot owners until January 1, 1999, at which time said covenants shall be automatically extended for successive periods of 10 years unless by a vote of a majority of the then owners of the lots said covenants are amended. 10. If the parties hereto, or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants or restrictions herein during their existence as provided for in Paragraph 9, it shall be lawful for any other person or persons owning any other lots in said develop- ment or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either prevent him or them from so doing or to recover damages or other dues for such violation. 11. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. s�s� STATE OF IOWA SS. JOHNSON COUNTY - 3 - ROLIN INVESTMENTS, LTD. BY • CIL ( 611 - Q PAUL S. OLIN, President BY: /CC �(' mac, •- (S���� �G PAUL S. OLIN, Secretary On this aq/'� day of -J k V) Q , 1981, before me a Notary Public in and for the State of Iowa, personally appeared PAUL S. OLIN, to me personally known and sworn on oath for himself did say that he is the President and Secretary of said Rolin Investments, Ltd., executing the within and foregoing instrument, that no seal has been procured by the said corporation; that the said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said PAUL S. OLIN as such officers acknowledged the execution of said instrument to be the voluntarily act and deed of said corporation, by it and by him voluntarily executed. ., t l,lid Notary Public in d for the State of Iowa ,0s OPINION OF ATTORNEY I, Thomas J. Cilek, hereby certify that I am a practicing attorney at law of Iowa City, Iowa; that I have examined the Abstract of Title to the property described as follows: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence NOO°13'31"W, 1875.00 feet alono the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4°54'03"E, 285.12 feet; Thence S87°50'53"W, 135.55 feet; Thence SO2°09'07"E, 5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence NOO°16'31"W, 302.24 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 2.14 acres. and that the legal title to said property is in Rolin Investments, Ltd., and that said property is free from all encumbrances. DATED at Iowa City, Iowa, this day of 1981. THO AS CILEK' Receival & /Approved By The Lagal Depamnerd e' 6-30-'P" CERTIFICATE OF CLERK I, Mary E. Conklin, hereby certify that I am the Clerk of the District Court of Iowa, in and for Johnson County, Iowa, and that the property described below: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°13'31"W, 1875.00 feet along the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4054'03"E, 285.12 feet; Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E, 5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence N00°16'31% , 302.24 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 2.14 acres. and shown on the attached plat, and known and designated as "Regency Gardens, Parts I through IV" is free from all judgments, attachments, mechanic's liens, or other liens, as appears on the records in my office. DATED at Iowa City, Iowa, this 3o day of 1981. MARY ii. C LIN Clerk of District Court of Iowa in and for Johnson County Received & Approved By The Legal Department 6 -3a -P/ �07 CERTIFICATE OF COUNTY TREASURER I, Donald J. Krall, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the land described below: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°13'31"W, 1875.00 feet along the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4°54'03"E, 285.12 feet; Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E, 5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence N00°16131"W, 302.24 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 2.14 acres. and shown on the attached plat and known and designated as "Regency Gardens, Parts I through IV" is free from all taxes. r DATED this =`' z`day of 1981. J DONALD J. KRALL�" County Treasure - Johnson County Received & Approved By The Legal Deparhnent iZ� b-30-� CERTIFICATE OF RECORDER I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the following described real estate: Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°13'31"W, 1875.00 feet along the Centerline of Mormon Trek Boulevard; Thence West, 1015.41 feet to the Point - of -Beginning; Thence SO4°54'03"E, 285.12 feet; Thence S87050'53"W, 135.55 feet; Thence S02°09'07"E, 5.82 feet; Thence S87050'53"W, 193.20 feet; Thence N00°16'31"W, 302.24 feet, on West line of NW 1/4, Section 17-79-6; Thence East, 305.39 feet to the Point -of -Beginning. Said tract of land containing 2.14 acres. as shown on the attached plat, and known and designated as "Regency Gardens, Parts I through IV" is in Rolin Investments, Ltd., and that it is free from encumbrances. DATED this .36 day of _.r_ 1981. JOHN E. O'NEILL Johnson County Recorder Received & Approved By The Legal Deparhnent 6-ao-r-1 -5;9 PROTECTIVE COVENANTS AND RESTRICTIONS FOR ATTACHED DWELLING UNITS IN REGENCY GARDENS, PARTS I THROUGH IV THESE PROTECTIVE COVENANTS AND RESTRICTIONS are hereby established effective the day of recording in Johnson County, Iowa, by Rolin Investments, Ltd., and shall apply to lots contained in Regency Gardens, Parts I through IV, in Iowa City, Iowa, for the purpose of governing the relationship between owners of lots which are located in one building structure (attached dwelling units). 1. USE OF ADJOINING WALL. The wall dividing the two laterally joined dwelling units shall be a party wall and the owner of each dwelling unit connected by said party wall shall have the right to use said wall jointly with the owner of the other dwelling unit. Each owner attached by said party wall shall have the right to use the utility lines (whether for electrical, plumbing, heating, etc.) contained in said party wall. Neither party may take any action to disrupt or disturb said party wall or the utility lines contained therein without the written consent of the ad- joining owner sharing said party wall. 2. PARTY WALL MAINTENANCE. Each owner of a dwelling unit attached by the party wall shall be jointly and severally liable with the owner of the other dwelling unit sharing said party wall for the costs reasonably necessary for replacement, maintenance and repair, except as otherwise agreed in writing by the parties. Any insurance coverage obtained for said party wall shall first be applied to such replacements, maintenance and repairs and the parties shall each pay fifty percent (50%) for any uninsured replacement, maintenance or repairs. 3. NEGLIGENCE. In the event that one of the owners adjoined by a party wall is negligent with the result that damage or destruction results in the party wall, said negligent owner shall pay for the cost of said replacement, maintenance or repair. The owner shall also be responsible for his or her family and all invitees and licensees for damage or destruction done to the party wall. SP — 2 — 4. NO ALTERATION IN PARTY WALL. Neither owner adjoined by a party wall shall'in any way change the party wall (with the exception that interior decorations on the party wall are permitted) nor shall an owner change any of the pipes, conduits, ducts, insulation or other special components located within said party wall without the written consent of the owner of the other dwelling unit attached by said party wall. 5. MAINTENANCE OF ROOF. Each owner which shares a roof with another owner shall be solely responsible for repairing and replacing the roof covering his or her respective dwelling unit as separated by the party wall. Any repair or replacement to the roof shall be identical to the existing roof and there shall be no modification from the original construction drawings in repairing or replacing the roof and to the extent possible the shingles or other roof covering shall match the existing shingles or roof covering. 6. EXTERIOR MAINTENANCE AND REPAIRS. The owner of a dwelling unit may repair or replace the exterior component of such dwelling unit, including siding and painting, as long as said exterior components are similar to the exterior components of other dwelling units which are attached together (whether by one common wall or two common walls). If an owner of a dwelling unit desires to use exterior components which are different in design or color from the exterior components of the attached dwelling units, the written consent of the owners of the dwelling units which are attached thereto ("attached thereto" shall mean would share a common roof, which may have one or two party walls) mustbe obtained. If any dispute arises between owners of attached dwelling units concerning a change of siding, roofing materials, color scheme, or any other exterior component, the dispute shall be resolved by arbitration pursuant to Paragraph 7 herein. 7. ARBITRATION. Any dispute between owners concerning a change of siding, roofing materials, color scheme or other exterior components, or regarding the provisions of these covenants and restrictions shall be decided by arbitration. Each owner involved in a dispute shall select an arbitrator. If the number of arbitrators thus selected is an even number, 57/ - 3 - said arbitrators shall choose one additional arbitrator. The decision of the majority of the arbitrators shall be final and conclusive of the question presented and shall be binding upon all parties. If any party refuses or fails to appoint an arbitrator within ten (10) days of a written request from another party involved in the dispute, such arbitrator may be appointed by the arbitrators selected by the other owner or owners involved in the dispute. Arbitration shall be conducted as rapidly as possible and need not follow the rules of evidence or the rules of the American Arbitration Association, however, said rules may be used for general guidance and each party involved in the dispute may have the right to present its case through witnesses or affidavits. The cost of the arbitration shall be shared equally by the parties involved in the dispute. 8. USE FOR RESIDENTIAL PURPOSES. All lots and dwelling units shall be used solely for residential purposes, except that a home occupation in said residence is permitted. However, a home occupation which increases the in- surance premium for an owner in the same building structure (whether connected by a party wall next to said home occupation or by a party wall one dwelling unit removed) shall be prohibited. Further, no home occupation shall constitute an obnoxious or offensive activity or become a nuisance by sub- stantially increasing the vehicular traffic to said dwelling unit in excess of what would be expected at any normal residence. No signs regarding said home occupation shall be permitted on the outside of the dwelling unit. 9. RENTAL OF DWELLING UNIT. Nothing in these covenants and restrictions in any way limits or restricts the right of an owner of a dwelling unit from renting such dwelling unit to third parties so long as the use of the unit by such tenants is consistent with the provisions herein and the applicable zoning regulations. 10. CROSS EASEMENT. Each lot owner shall have an easement over and across that portions of the adjoining lot owner's lot located within his or her dwelling unit to the extent that the party wall is not located on the lot line but is located on the adjoining lot owner's property. �,Z - 4 - 11. ENFORCEMENT. If any owner of a lot, or the heirs or assigns of an owner, shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other owner of a lot attached in the same building structure to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction and either prevent him or her, or them, from so doing or to recover damages for such violation. 12. BINDING. These covenants and restrictions are to run with the land and shall be binding on all owners and on all persons claiming under c1� them until and unless they are amended or revoked in writing by�lthe owners of the dwelling units attached in one building structure. 13. INVALIDATION. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. Signed and dated this C� %� day of " GUI(' , 1981. STATE OF IOWA SS. JOHNON COUNTY ROLIN INVESTMENTS, LTD. BY: a�lt ?—"A AUL S. OLIN, President 1 BY: L AUL S. OLIN, Secretary On this a I day of J 4v -Q-- , 1981, before me a Notary Public in and for the State of Iowa, personally appeared PAUL S– OLIN, to me personally known and sworn on oath for himself did say that he is the President and Secretary of said Rolin Investments, Ltd., executing the within and foregoing instrument, 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 PAUL S. OLIN as such officers 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 a d for the State of Iowa ;zecoived & Approved By The legal Department R/ 573 , /�A Z-4-, RESOLUTION NO. 81-166 RESOLUTION AUTHORIZING APPLICATION FOR 30 UNITS UNDER THE SECTION 8 MODERATE REHABILITATION PROGRAM AND REQUESTING FUNDS. WHEREAS, the Iowa City Housing Authority has determined that there is a need for housing for low-income families; and WHEREAS, the Iowa City Housing Authority has received an invitation from the Department of Housing and Urban Development to submit an application to administer a Section 8 Moderate Rehabilitation Program; and WHEREAS, Iowa City presently has a contract under the Section 8 Existing Housing Program, Contract No. KC9033, with the Department of Housing and Urban Development and wishes to expand this program. 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 make application to the Department of Housing and Urban Development for 30 units of Section 8 Moderate Rehabilitation units; 2. that said application shall be a request for funds under the Section 8 Housing Assistance Payments plan for moderate rehabilitation units; 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. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June 1981. �1 YO 6X61 ATTEST: CITY CLERK Received 8 Approved By The legal Department .67X HUD -9012 (11-68) EXTRACT FROM THE MINUTES OF A regular MEETING OF THE Council OF THE City of Iowa City HELD ON THE 30th DAY OF June , 1981 The Council of the City of Iowa City met in regular meeting at Civic Center, 7:30 P.M. 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 call the following answered present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. and the following were absent: None The Mayor declared a quorum present. 0 233978-P S%s' HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus , the duly appointed, qualified and acting City Clerk of City of Iowa City , do hereby certify that the attached extract from the minutes of the June 30th, 1981 meeting of the Council of the City of Iowa City , held on June 30th, 1981 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said this 30th day of June 19 81 (SEAL) GPO 892-629 G ..6-74 GENERAL CERTIFICATE I, Abbie Stolfus, 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 the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized 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 Balmer Mayor 1/2/80 1/2/80 1/2/82 Councilman 11/6/79 1/2/80 1/2/84 Glenn E. Roberts Mayor Pro tem 1/2/80 1/2/80 1/2/82 Councilman 11/8/77 1/2/78 1/2/82 Clemens Erdahl Councilman 11/8/77 1/2/78 1/2/82 Lawrence Lynch Councilman 11/6/79 1/2/80 1/2/84 Mary C. Neuhauser Councilwoman 11/6/79 1/2/80 1/2/84 David Perret Councilman 11/6/79 1/2/80 1/2/84 Robert A. Vevera Councilman 11/8/77 1/2/78 1/2/82 Neal Berlin City Manager 1/14/75 1/14/75 Indefinite John Hayek City Attorney 10/2/73 1/2/80 1/2/82 Abbie Stolfus City Clerk 9/1/70 1/2/80 1/2/82 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 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 holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. 877 Page 2 Ge it Certificate 8. Since October 7, 1980, 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 measures, 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 30th day June 19 81 ABBIE STOLFU CITY CLERK .s7% m -i U.S. DEPARTMEN,� 7 HOUSING AND URBAN DEVELOPMENT `4i SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM APPLICATION FOR MODERATE REHABILITATION (Submit an original and seven copies of this application form and attachments/ APPLICATION/PROJECT NUMBS (FOR HUD USE ONLY) ❑❑❑❑ ❑❑❑❑ 1:100 The IOWA CITY I -BUSING AUTHORITY hereby requests an Annual Contributions Contract to pro (Official Name of Public Housing Agency) vide housing assistance payments for 30 units of Section 8 Moderate Rehabilitation. ® No prior applications for Section 8 Moderate Rehabilitation have been submitted. ❑ Prior application(s) approved, disapproved, or pending. Give ACC Part I Number a application/project number(s) Number of applications submitted at this time 1 MAILING ADDRESS OF PHA IOWA CITY HOUSING AUTHORITY CIVIC CENTER — 410 E. WASHINGTON STREET PHONE NUMBER 319/356-5138 Sjr44ATUREAND TLE PHA�9OFFICER AUTHORIZED TO SIGN THIS APPLICATION JOHN R. BALMER, MAYOR DATE 6-30-81 A. LOCAL GOVERNMENT CONCURRENCE (LOCALITIES WITH APPROVED HOUSING ASSISTANCE PLAN& The local government approves the submission of this application and finds it consistent with the Housing Assistance flan as specified in Section E — Need for Housing Assistance. SIGNATURE AND TITLE OF CHIEF EXECUTIVE OFFICERS OF LOCALITIES WITH APPROVED HOUSING ASSISTANCE PLANS IDENTIFIED IN SECTION B. (Attach an addendum, if necessary.) SIGNATURE AND TITLE LOCALITY (City. Town, etc.) DATE THE CITY COUNCIL IS THE HOUSING AUTHORITY. THE MAYOR'S SIGNATURE B. PRIMARYAREA(S) IN WHICH UNITS WILL BE REHABILITATED LOCALITY /City, Town, atc.lHAP (Yes or No) COUNTY CONGRESSIONAL DISTRICT UNITS IOWA CITY YES JOHNSON EIEST3 C. PROPOSED ASSISTED DWELLING UNITS Number of units by bedroom size should be provided for each Fair Market Rent area. (Attach a separate schedule if necessary.) NUMBER OF DWELLING UNITS BY BEDROOM COUNT TOTAL FAIR MARKET RENT (FMR) Bldg, Elderly, Handicapped or Disa. Family Large Family DWELLING AREAS Type Efficiency 1 -BR 2-13H 1 -BR 2 -BR 3 -BR 4 -BR 5 -Br 6 -BR UNITS Elev. Nonelev. 20 10 30 Elev. Non-elev. Elev. Non-elev. Elev. Non-elev. Elev. Non-elev. ev. on-elev. lev. Non-elev. Non-elevator BuildingTypes Likely to be Used (Detached, Semi-detached/Row, Walkup): ALL OF THE ABOVE WILL BE CONSIDERED HUD -52515A (6-7E .S7i PURPOSE AND LOCATION OF PROGRA Indicate which (one or morel of the Program objectives the PHA proposes to achieve with this project and demonstrate the feasibility of achieving that objective(s). (Check appropriate box(es). If boxes 2 or 3 are checked, the area(s) applicable to the objectives should be identified.) 1. ® Freedom of housing choice and spatial deconcentration of assisted housing into areas outside of low income and minority con- centrations. (PHAs in areas without a concentration of assisted housing may choose this objective and use the Moderate Rehabili- tation Program in their jurisdiction to provide for dispersal of assisted housing.) If this objective is selected, the PHA must demonstrate that there are sufficient units in need of moderate rehabilitation in areas outside of low income and minority concentrations within the area of operation of the PHA which can be rehabilitated within the FMR limitations of the Program. The PHA must also submit a Certification that it will select units outside of areas of minority con- centration consistent with 24 CFR, Section 882.503(a)(9)(i). 2. ❑ Prevention of displacement of Lower -Income Families in areas undergoing private rehabilitation. If this objective is selected, the following items must be submitted: (a) a map outlining the neighborhood boundaries and indi- cating major transportation corridors (streets, buslines, railroad tracks) and commercial, recreational and public facilities; and (b) a description of neighborhood characteristics, including demographics (number of households, median income, age characteristics of population, population trends, etc), owner/renter status of current residents, extent of vacancy and overall condition of the housing stock. The PHA must also demonstrate that there are units in the neighborhood suitable for moderate rehabilitation, can meet the site and neighborhood standards pursuant to Section 882.405(b), and can be rehabilitated within the FMR limitations of the Program. 3. ❑ Neighborhood preservation and revitalization. If this objective is selected, the PHA must submit the information specified in 2(a) and (b) above and a letter from the chief executive officer of the local government endorsing the application and describing other public and private improvements completed, underway and/or planned in the neighborhood to complement the Moderate Rehabilitation Program. The PHA must also demon. strate that the Program is appropriate to the needs of the neighborhood and that there are units in the neighborhood suitable for moderate rehabilitation and which can meet the site and neighborhood standards pursuant to Section 882.405(b). E. NEED FOR HOUSING ASSISTANCE Demonstrate that the project requested in this application is consistent with the applicable Housing Assistance Plan including the goals for meeting the housing needs of Lower -Income Families or, in the absence of such a Plan, that the proposal project is responsive to the housing stock in the community and the housing assistance needs of Lower -Income Families (including the elderly, handicapped and disabled, large Families and those displaced or to be displaced) residing in or expected to reside in the community and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. CURRENT HAP REFLECTS 70 RENTAL UNITS PROJECTED FOR REHABILITATION IN THE 3 YEAR GOALS. THE PLANNING STAFF IS CURRENTLY DRAFTING A REVISED HAP FOR SUBMISSION WHICH WILL PROVIDE AN UPDATED AND CURRENT HAP WITH NEW GOALS AND WILL BE CONSIS— TANT WITH THIS APPLICATION. THE UNITS WILL BE LOCATED IN THE CITY LIMITS, PUBLIC FACILITIES AND SERVICES WILL BE AVAILABLE. F. QUALIFICATION AS A PUBLIC HOUSING AGENCY Demonstrate that the applicant qualifies as a Public Housing Agency (24 CFR,Section 882.102) and is legally qualified and authorized to carry out the project applied for in this application. If the applicant already has an ACC for a Section 8 Existing Housing or Moderate Rehabilitation Program, the appropriate boxes indicating that relevant documents have been previously submitted should be checked. If the PHA already has an ACC for an Existing Housing project but is not administering a Moderate Rehabilitation project, a statement from the public housing counsel must be submitted stating that the PHA is qualified to participate based on the documentation pre- viously submitted for the Existing Housing Program. (Check Appropriate Boz Below) SUBMITTED WITH THIS PREVIOUSLY APPLICATION SUBMITTED 1. The relevant enabling legislation ❑ 2. Any rules and regulations adopted or to be adopted by the ❑ agency to govern its operations 3. A supporting opinion from the PUBLIC HOUSING AGENCY COUNSEL ® E3 G. REHABILITATION AND LEASING SCHEDULE Provide a proposed schedule specifying the number of units to be placed under Agreement and the number of units to be leased by the end of each three-month period (24 CFR, Section 882.505 (c).) 1ST QUARTER 5 2ND QUARTER 10 3RD QUARTER 10 4TH QUARTER 5 W1 In 9991 FA fR.7gl .576 H. HOUSING QUALITY STANDARD; Indicate below whether local housing codes, the Housing Quality Standards as set forth in 24 CFR, Sections 882.109 and 882.405 or other standards which at a minimum meet the Performance Requirements of the Housing Quality Standards will be used in the oper- ation of the Program. Examples of other standards to be used would include local rehabilitation codes or variations in the Accepta- bility Criteria of the Housing Quality Standards. If the PHA proposes to use other standards, a copy of such standards must be sub- mitted with a justification for their use. If the PHA proposes to use local housing codes, the PHA must provide a certification that the local housing codes meet the Performance Requirements of the Housing Quality Standards and are on file in its office. (Check appro- priate box). []Use of local housing codes which are more restrictive than the Housing Quality Standards (attach above referenced certification) ® Use of Housing Quality Standards contained in Sections 882.109 and 882.405 [--]Other (specify and justify) I. ADMINISTRATIVE CAPABILITY Describe the experience of the PHA in administering housing or other programs, including the Section 8 Existing Housing Program, and provide other information which evidences present or potential administrative capability for the proposed Program. THE HOUSING AUTHORITY CURRENTLY ADMINISTERS 409 UNITS OF SECTION 8 EXISTING AND HAS 32 UNITS OF TURNKEY PUBLIC HOUSING IN CONSTRUCTION. THE STAFF OF 4.5 POSITIONS IS EXPERIENCED AND AFTER APPROVAL OF THIS PROGRAM, CONSIDERATION WILL BE GIVEN TO INCREASING THE STAFF. J. REHABILITATION EXPERTISE Describe the rehabilitation expertise and experience of the PHA or how this expertise will be obtained. If the PHA proposes to sub- contract with any public or private rehabilitation entity, the name of the subcontractor and a detailed description of the subcontractor's rehabilitation experience should be provided. (A memorandum of intent between the PHA and the subcontractor specifying the obli- gations of each party must be submitted.) The description of rehabilitation expertise should detail the PHA's or subcontractor's ex- perience specifying the type of buildings (e.g., single-family or small mufti -family); the extent of rehabilitation (e.g., cosmetic, major systems repair or replacement, orsubstantial renovation); and the role the PHA's or subcontractor's staff performed in the rehabilitation (i.e., how much of the work was contracted out to architects, engineers or inspectors and how much of the work was actually per- formed by staff). If the PHA proposes to hire staff, the qualifications of the staff should be detailed. The PHA must also demonstrate the capacity to perform the services required in 24 CFR, Sections 882.507, 882.509, and 882.510. CITY CURRENTLY HAS ONE EXPERIENCED REHABILITATION OFFICER WHOSE POSITION WILL BE REDUCED TO PARTTIME EFFECTIVE JULY 1. CONSIDERATION WILL BE GIVEN TO UTILIZING THIS PERSON FOR THE SECTION 8 REHAB ON A PARTTIME BASIS. IF THIS IS NOT ACCEPTABLE, AN— OTHER PERSON WILL BE HIRED AND TRAINED AS NECESSARY. K. FINANCING Indicate the types of financing expected to be used including Federal, State or locally assisted financing programs and describe the availability of such financing. If available, statements from these financing sources indicating their willingness to finance rehabilitation under this Program should be submitted. AT THIS POINT IN TIME LOCAL UNASSISTED FINANCING WILL BE UTILIZED. IT IS POSSIBLE THAT SOME TYPE OF ASSISTANCE MAY BE AVAILABLE THROUGH THE CDBG PROGRAM. THIS COULD BE LOW—COST LOANS OR INTEREST PAYMENTS. HUU-b2b1bA Ib -/HI S�/ L. RELOCATION Permanent displacement of tenants wi.. _...y be allowed when sufficient suitable -sized �...... will not be available in the building or com- plex after rehabilitation. Indicate whether or not permanent displacement under these circumstances will be allowed. (Check appro- priate box). ® No building will be selected for participation in the Program where permanent displacement of tenants will be necessary. ❑ Displacement of tenants will be allowed and any displacement will be accomplished and benefits provided as required in Section 882.407. If the PHA plans to select buildings where displacement will be necessary, the PHA must attach a certification that it will comply with the requirements specified in Section 882.407 and provide a selection preference to any displaced Family in any assisted housing program it administers. If the PHA does not administer the Section 8 Existing Housing Program, a letter from the PHA administering that program in the area indicating that a preference will be provided to Families displaced by the Moderate Rehabilitation Program must be attached. The PHA must also indicate the agency which will provide relocation assistance, describe how the assistance and payments associated with permanent displacement will be funded, and attach a commitment from the funding agency. M. ATTACHMENTS The following additional items may be submitted either with the application or after application approval, but no later than with the PHA executed ACC. Items 1, 2 and 3 below should be submitted together. SUBMITTED WITH TO BE PREVIOUSLY THIS APPLICATION SUBMITTED SUBMITTED 1. Equal Opportunity Housing Plan (24CFR, Section 882. 503(b)l and Certifications, Form HUD -920. ❑ ❑ 2. Estimates of Required Annual Contributions, Forms HUD -52671, HUD -52672, and HUD -52673. ❑ ® ❑ 3. Administrative Plan (24 CFR, Section 882.503(b)(4). ❑ ❑ 4. Proposed Schedule of Allowances for Utilities and Other Services, Form HUD -52667, with a justification of the ❑ ❑ amounts proposed. HUD FIELD OFFICE RECOMMENDATIONS RECOMMENDATION OF APPROPRIATE REVIEWING OFFICE SIGNATURE AND TITLE DATE HUD -52515A (6-79) '0007 RESOLUTION NO. 81-167 RESOLUTION AUTHORIZING THE CITY MANAGER, UNDER THE AUTHORITY PROVIDED BY SECTION 206 OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (UNIFORM ACT) TO USE SMALL CITIES/LOWER RALSTON CREEK PROJECT FUNDS, NOT TO EXCEED $10,000 IN EXCESS OF THOSE ALREADY AUTHORIZED UNDER SECTION 203 OF THE UNIFORM ACT, FOR THE TIMELY RELOCATION OF JOSEPHINE GRAHAM. WHEREAS, the City of Iowa City has been granted $775,000 for the second year of the Small Cities Comprehensive Grant Program under the Housing and Community Development Act of 1974 for the revitalization of the Lower Ralston Creek Neighborhood; and WHEREAS, the second year allocation for the Small Cities Program includes funds for acquisition and relocation; and WHEREAS, the relocation of Josephine Graham, 205 E. Benton Street, is necessary for the Small Cities Project to proceed in a timely manner; and WHEREAS, the maximum relocation payment authorized under Section 203 of the Uniform Act to be paid by the City to Josephine Graham is not sufficient for her to purchase decent, safe and sanitary replacement housing under current market conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City, under the authority provided by Section 206 of the Uniform Act, is hereby authorized to use Small Cities Project funds, not to exceed $10,000 in excess of those already authorized under Section 203 of the Uniform Act, to enable the timely relocation of Josephine Graham. It was moved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June , 1981. YOR ATTEST: / / Ct J//j i c CITY CLERK l Received & Approved By the Legal Department s4IQ I m�.3 RESOLUTION NO. 81-168 RESOLUTION AUTHORIZING AN EXTENSION OF THE PERIOD FOR RECEIPT OF OFFERS TO PURCHASE LAND FOR PRIVATE DEVELOPMENT (ALL, OR A PORTION OF, ELM GROVE PARK). WHEREAS, the City Council desires to sell all, or a portion of, Elm Grove Park for private development; and WHEREAS, the City Council has adopted Resolution No. 81-52, authorizing and directing the solicitation of offers to purchase all, or a portion of, Elm Grove Park for private development; and WHEREAS, the City Council desires to extend the deadline for receipt of said offers to purchase until September 30, 1981; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the City Manager is hereby authorized and directed to so extend the period for receipt of offers to purchase all, or a portion of, Elm Grove Park for private development. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such extension of the period for receipt of offers to purchase Elm Grove Park for private development. It was moved by Neuhauser and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June 1981. ATTEST: CITY CLERK By Me a)e:r,LLrhne;a _: . rPAT/ .7 , RESOLUTION NO. 81-169 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A FOURTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. WHEREAS, it is in the public interest to provide transit services to Iowa City residents who have special transit needs due to age or handicap, and WHEREAS, the Johnson County SEATS program is designed to provide special elderly and handicapped transit services, and WHEREAS, Iowa City and Johnson County have entered into a 28E Agreement for purposes of providing such services, which Agreement has been recorded in the Johnson County Recorder's Office, and WHEREAS, a Renewal Agreement has now been negotiated in order to continue said delivery of special transit services to Iowa City residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFIOWA CITY, that the Mayor is hereby authorized to execute and the Clerk to attest said Renewal Agreement and to direct that said Agreement be filed with the Secretary of State and the County Recorder as required under Chapter 28E, Code of Iowa 1979. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser x Perret X Roberts X Vevera Passed and approved this 30th day of June , 1981. _51YR� � / Y ATTEST: CIT CLERK ` Received & Approved By 7iee Legal Deparhnent 6 2 iI FOURTH RENEWAL OF AGREEMENT FOR TRANSIT SERVICES This 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 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. The fourth renewal term of this agreement shall commence July 1, 1981 and continue for one year through and including June 30, 1982. 2. Paragraph 4(A) of the original agreement, as amended, is further amended by deleting the entire language thereof and substituting the following: "The County shall operate sufficient vehicles within the corporate limits of Iowa City to provide approximately 100 vehicle hours of service per week; actual hours of operation shall be set by Johnson County through its Board of Supervisors." 3. Paragraph 4(C) of the original agreement, as amended, is further amended by deleting the entire language thereof and substituting the following: "The County shall request a donation. All such donations will be retained by the County to help defray operating costs." 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein provided, the City of Iowa City agrees to pay to Johnson County the sum of $52,000.00 for the one-year period covered by this contract. 5Y4 4. In all other respects the original agreement, as amended, between the parties remains in full force and effect. 6. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this .307-'-1 day of ce/ 1981. CITY IOWA CITY WA JOHNSON COUNT IOWA BY: hn Balmer BY Dennis L genber , Chai an Mayor Board of Supervisors d Attest: Attest: City Clerk County Auditor S"d 7 {e segs a1— 5 RESOLUTION NO. 81-170 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY FOR THE OPERATION OF THE IOWA CITY SENIOR CENTER. WHEREAS, the City of Iowa City will be operating and monitoring a Senior Center for the benefit of elderly residents of Johnson County; and WHEREAS, the City and Johnson County find it in their mutual interest for joint support of the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, THAT: 1. The Mayor is hereby authorized to execute and the Clerk to attest the 28E Agreement with Johnson County, attached hereto and incorporated herein by reference. 2. Upon execution, the Clerk is directed to file the Agreement with the Iowa Secretary of State and the Johnson County Recorder's Office. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June 1981. n AY R ATTEST: (/ ' CITY CLERK Received R, Aprrcved By The legal Departasent G zb AGREEMENT FOR SENIOR CENTER OPERATION This agreement, made and entered into this 3p"�4 day of , 1981, by and between the City of Iowa City and Johnson Count , both municipal corporations. WhEREAS, Chapter 28E of the 1981 Code of Iowa provides, in sub- stance, 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 hereto to encourage the use of a multi-purpose Senior Center by residents of Iowa City and Johnson County. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and Johnson County, as follows: I. Scope of Services: The City of Iowa City shall provide a minimum of 22,430 square feet of space in the old Federal Post Office on the corner of Linn and Washington Streets for a co -location of services and activities for the elderly, including kitchen, dining and re- lated facilities for the congregate meal program (including but not limited to home delivered meals) which the County administers through its Advisory Committee and staff and other services for the elderly funded by the County as is mutually agreeable between the City and County. Staffing, funding and policy for the operation of the facility shall be based on recommendations by the Senior Center Commission to the City Council which shall make the final decision after consultation and review by the County. It is agreed that the elderly residents of Johnson County will be entitled to the same level of service as residents of Iowa City. II. Duration and Termination: The terms of this agreement shall commence July 1, 1981, for a period of one year and shall be renewed auto- matically for succeeding terms of one year each unless 120 days notice to the contrary is given by either party. . Sf J x III. Compensation: Johnson County agrees to pay 200 of the net budget for operational costs of the Senior Center. This figure to be arrived at after deducting any funding of operational costs by sources other than Iowa City. Operational costs shall include personnel, commodities, services and charges and capital outlay necessary to operate the facility. These payments shall occur quarterly commencing on the first day of July, 1981. Iowa City agrees to maintain records of said operational expenses according to mutually acceptable auditing pro- cedures and further agrees to make said records avail- able for auditing and inspection during business hours, upon reasonable notice by the County. IV. Budget Procedure: The City Council shall determine and approve the Senior Center operational budget after review by consultation with the County as and follows or as otherwise mutually agreed to: A. On or before January 1S of each year, Iowa City shall transmit to the County a proposed Senior Center budget for the fiscal year which commences on July 1 of that year. B. On or before February 15 of each year, Johnson County shall transmit to Iowa City a resolution Of commitment to fund 200 of the operational _ costs of the Senior Center for the year which commences on July 1 of that year in such amount as will not exceed 20% of the proposed budget as transmitted to the County or in an amount other- wise determined by the County. C. On or before March 1S of each year, Iowa City shall, adopt a final Senior Center budget for the ensuing fiscal year. Johnson County shall thereupon be obligated to pay not to exceed 200 of the net adopted budget for operational costs or the amount previously transmitted to Iowa City under sub -paragraph IV(B) above whichever shall be the lesser amount. 1 s,� r- -3- D. Subsequent amendments to the Senior Center budget in any fiscal year shall not increase the obligation of the County for financial support unless mutually agreed to by the parties. E. The budget procedure set forth above shall commence with fiscal year 1983. For fiscal year 1982, it is mutually agreed that the Senior Center net operating budget is $138,814.00 and that the County shall pay not to exceed 20% thereof which is $27,762.80. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA \JOHN BALMER DENNIS J. LANGE ERG, HAIRMAN MAYOR BOARD OF SUPERVISORS Attest: CITY CLERK l Attest: TOM SLOCKETT, COUNTY AUDITOR RESOLUTION NO. 81-171 A RESOLUTION AWARDING A CONTRACT TO MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR THE PURCHASE AND INSTALLATION OF A TWO- WAY RADIO SYSTEM FOR THE IOWA CITY TRANSIT SYSTEM. WHEREAS, the City of Iowa City, Iowa, has filed an application with the Iowa Department of Transportation for State Transit Assistance, and WHEREAS, the City has filed an application with the Iowa Department of Transportation for Federal transit assistance under Section 18 of the Urban Mass Transportation Act of 1964, as amended, and WHEREAS, the City has been awarded such capital grants by the Iowa Department of Transportation to finance the purchase and installation of a two-way radio system for the Iowa City transit system, and WHEREAS, Motorola Communications and Electronics, Inc. has submitted the best bid for the purchase and installation of the radio system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Motorola Communications and Electronics, Inc. be awarded the contract to purchase and install the above-mentioned two-way radio system. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June , 1981. AYOR ATTEST: CITY CLERK Reearvred & Approved By The Legal Deparhmnt �.Vr'6u/ 6-/6- jC_/ RESOLUTION NO. 81-172 A RESOLUTION AWARDING A CONTRACT TO COLUMBIA EQUIPMENT CO. FOR THE PURCHASE OF TEN (10) BUS 'SHELTERS FOR THE IOWA CITY TRANSIT SYSTEM. WHEREAS, the City of Iowa City has filed an application with the Iowa Department of Transportation for Federal Transit Assistance under Section 18 of the Urban Mass Transportation Act of 1964, as amended, and WHEREAS, the City has been awarded a Section 18 capital grant for the purchase of ten (10) bus shelters, and WHEREAS, the Columbia Equipment Co. has submitted the best bid for the purchase of the ten (10) bus shelters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Columbia Equipment Co. be awarded the contract to purchase the above-mentioned bus shelters. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June , 1981. \l MAYOR ATTEST: CITY CLERK Iteeeived & Approved By The Legal Department _ 6 -/6 S� RESOLUTION NO. 81=173 A RESOLUTION AWARDING A CONTRACT TO WARD BUS BODY SALES FOR THE PURCHASE OF AN ADULT -SEAT PASSENGER BUS WITH LIFT FOR THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City, Iowa, has filed an application under the Urban Mass Transportation Act of 1964, as amended, to finance the purchase of transit equipment on behalf of itself, the City of Coralville, and the University of Iowa, and WHEREAS, the City has been awarded a capital grant by the United States Department of Transportation to finance the purchase of an Adult -Seat Passenger Bus with Lift, and WHEREAS, the University of Iowa has agreed to reimburse the City for the local share of the cost of the above-named bus, and WHEREAS, Ward Bus Body Sales has submitted the best bid for the purchase of the above-named bus. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Ward Bus Body Sales be awarded the contract to purchase an Adult -Seat Passenger Bus with Lift. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts _x Vevera Passed and approved this 30th day of June , 1981. QQ��,_. AYOR� ATTEST: ald1j"- CITY CLERK Received & Approved By The Legal Department 6—/./— 0/ RESOLUTION NO. 81-174 A RESOLUTION AWARDING A CONTRACT TO NEOPLAN-USA FOR THE PURCHASE OF SIX (6) ADVANCED DESIGN TRANSIT COACHES WITH LIFTS, WITH AN OPTION ON ONE (1) ADDITIONAL UNIT, FOR THE CITY OF IOWA CITY, THE CITY OF CORALVILLE, AND THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City, Iowa, has filed applications under the Urban Mass Transportation Act of 1964, as amended, to finance the purchase of transit equipment on behalf of itself, the City of Coralville, and the University of Iowa, and WHEREAS, the City has been awarded capital grants by the United States Department of Transportation and the Iowa Department of Transportation to finance the purchase of Advanced Design Transit Coaches with Lifts, and WHEREAS, the City of Coralville and the University of Iowa have agreed to reimburse the City for the local share of the cost of their respective transit coaches, and WHEREAS, Neoplan-USA has submitted the best bid for the purchase of the above-named transit coaches. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Neoplan-USA be awarded the contract to purchase six (6) Advanced Design Transit Coaches with Lifts, with an option to purchase one (1) additional coach at a later date. It was moved by Perret and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this30th day of June 1981. AYOR ATTEST: 4 Z �- - CITY CLERK Received & Approved Be Legal Department V 6 --2 3 - ,f -i S1,S RESOLUTION NO. 81-175 A RESOLUTION PROVIDING FOR PARTICIPATION BY THE CITY OF IOWA CITY, IOWA IN THE FORMATION OF THE IOWA MUNICIPALITIES WORKERS' COMPENSATION ASSOCIATION. WHEREAS, the City is subject to the provisions of Chapter 85 and 86 of the Code of Iowa, and is required to insure its liability thereunder for workers' compensation, unless relieved therefrom as provided by statute; and WHEREAS, The Code (Section 87.4) provides that a group of employers may form insurance associations and that membership in such an association together with the payment of premiums due, shall be evidence of compliance with Chapter 87; and WHEREAS, a group of Iowa Municipalities desires to form the Iowa Municipalities Workers' Compensation Association for the purpose of providing coverage for workers' compensation and employers' liability related to workers' compensation, as efficiently as possible; and WHEREAS, it is in the best interest of the City to participate in the formation of such an association; and WHEREAS, the City reserves the right hereafter to decline to b6come a member in such association; NOW, THEREFORE, BE IT RESOLVED that Iowa City joins with other Iowa Municipalities in the formation of the Iowa Municipalities Workers' Compensation Association, and that the Mayor and City Clerk are hereby authorized and directed to execute the documents necessary thereto. It was moved by Neuhauser and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x, Perret x Roberts x Vevera Passed and approved this 30th day of June 1981. ATTEST AYOR CITY CLERK Received & Approved By The Department AN AGREEMENT FORMING THE IOWA MUNICIPALITIES WORKERS COMPENSATION ASSOCIATION The undersigned municipalities hereby jointly form an association under the provisions of Chapter 28E, The Code, and all amendments thereto, with all the rights, powers and privileges vested in and conferred upon such an association under the laws of the State of Iowa, and hereby adopt, execute and acknowledge the following articles of agreement. ARTICLE I NAME -PLACE OF BUSINESS Section 1. The name of this association shall be Iowa Municipalities Workers Compensation Association. Section 2. The principal place of business of this association shall be located in Des Moines, Polk County, Iowa, and the initial address of the association shall be: Suite 100, 900 Des Moines Street, Des Moines, Iowa 50316. ARTICLE II PURPOSES -POWERS -MEMBERS Section 1. The purpose of this agreement is to establish an association whereby Iowa municipalities may jointly comply with the provision of Chapter 87, The Code, by pooling the risks of their workers compensation liabilities. Section 2. In order to carry out these purposes, the association shall exercise and enjoy all of the powers, privileges and authority exercised or capable of exercise by a municipality of this state, in meeting its obligations under Chapter 87, The Code; provided, specifically that this association shall have no power to levy taxes. S%7 Q -2- Section 3. Membership in this association shall be limited to Iowa municipalities which are members of the Iowa League of Municipalities. ARTICLE III EFFECTIVE DATE -DURATION -TERMINATION -DISPOSAL OF ASSETS Section 1. The effective date of this agreement shall be the date these Articles are approved by the Iowa Commissioner of Insurance, and the agreement is filed with the Secretary of State of Iowa and recorded with the county recorder of Polk County and of each county in which an undersigned municipality is located. Section 2. This agreement becomes effective as to any other municipality on the date the resolution authorizing the municipality to become a member is approved by the association and a copy of such resolution and approval is filed with the secretary of state and recorded with the county recorder in the county in which the municipality is located; a copy of this agreement shall also be recorded in said county if said agreement has not previously been so recorded. Section 3. This agreement shall continue in effect until terminated by the Board of Directors, provided that the termination shall not be effective until written notice thereof has been filed with the Iowa Commissioner of Insurance and the manner and method of disposing of outstanding claims has received the approval of the commissioner. Section 4. Upon the termination of this agreement, any assets of the association not required to be maintained in a reserve for the payment of claims, and any assets remaining after all claims have been settled and disposed of, shall be returned to the participant cities. so -3 - ARTICLE IV BOARD OF DIRECTORS Section 1. The business and affairs of this association shall be managed and conducted by a Board of Directors consisting of such number as may be designated in the By -Laws of the association. Section 2. The names and addresses of the initial Board of Directors are as follows: Name Position Carolyn Farrell Executive Board-LIM E. J. Giovannetti Executive Board-LIM Neal Berlin City Manager William Dillon Purchasing Officer Ken Kew Mayor Darrell Rensink City Manager Roy Youngers Mayor Address Dubuque, Iowa Urbandale, Iowa Iowa City, Iowa Davenport, Iowa Mason City, Iowa Sioux Center, Iowa Sheldon, Iowa Section 3. A director shall receive no compensation for serving as a director of the association. Section 4. A director and any officer of the association, as a condition of accepting said office, shall be reimbursed by the associa- tion for expenses actually and necessarily incurred in serving as a director, and shall be indemnified against expenses actually and necessarily incurred in connection with the defense of any action, suit or proceeding in which the director is made a party by reason of having been or being a director or officer of the association. -4 - ARTICLE V EXECUTION OF INSTRUMENTS Section 1. Deeds, mortgages, contracts, conveyances and other instru- ments creating, conveying, granting or releasing any interest in real estate and all other instruments or contracts having or requiring the acknowledgment of this corporation shall be sufficiently executed if signed by the President and Secretary or by the Vice -President and the Secretary. Section 2. The By -Laws as adopted by the Board of Directors or a special resolution may provide for other methods of execution of any instruments referred to in this Article V. Section 3. This association shall not have a seal. ARTICLE VI MEETINGS -OFFICERS -BY-LAWS ~ Section 1. This association shall have an annual meeting of its Board of Directors and may have such other and special meetings at such times and places, and with such notice as it provided by the By -Laws. Section 2. This association may have such officers and assistant officers as may be deemed necessary by the Board of Directors and the number, manner of selection or election, term of office, and other related matters shall be provided in the By -Laws. Section 3. The association may adopt By -Laws for the regulation and management of the affairs of this association not inconsistent with these Articles or the laws of the State of Iowa. Goo -5 - ARTICLE VII FUND Section 1. The association shall finance this joint undertaking through a Workers Compensation Fund consisting of the contributions of all participant members, the money earned from the lawful investment of these contributions, and all other moneys which shall be received by the association in connection with the administration of the fund. Section 2. The board at its annual meeting shall approve a budget for the coming year based on anticipated receipts from all sources and anticipated expenses including reserves required to be maintained during the coming year. The initial budget for the first year of operation, or partial year, shall be approved by the board at its initial organiza- tional meeting. Section 3. The association may use the fund to pay all lawful expenses of the association, and shall make all payments which it considers reasonable in administering the fund, including but not limited to, direct payments of workers compensation claims, the payment of premiums for insurance and re -insurance policies, the establishment of such reasonable reserves as it may be required to maintain, and the return of excess contribution to its members. Section 4. The association shall be obligated to return to the participating municipalities the excess of contributions and other income over costs, expenses, losses and such reasonable reserves as may be required by law to be maintained. Section 5. The association shall establish rules and regulations, in accordance with the laws of the State of Iowa, for the payment of workers compensation benefits and related employer liability claims against any (000/ am participating municipality. Each participant municipality agrees to comply with these rules and regulations, and further agrees that the association, its administrator and service agent will have full authority to handle, investigate and dispose of all claims for workers compensation and related employer liability made against the municipality. Section 6. The association shall appoint the League of Iowa Municipalities as administrator of the fund. The administrator shall have power and authority to implement the policy of the association and to supervise the fund, pursuant to applicable state and federal laws, rules and regulations. The administrator shall be entitled to such fees for its services as may be agreed to by the association and the administrator., Section 7. The association may appoint a Service Agent to advise the administrator in all manners relating to the supervision of the fund, including but not limited to determining of the amount of annual contributions required to be made by the participant municipalities; handling, investigating and disposing of claims against the participant municipalities; advising the administrator on the proper establishment and maintenance of necessary reserves; recommending the property amount of reinsurance; providing the reports and accountings necessary to be filed with the insurance commissioner; and presenting programs to the members relating to the elimination of safety hazards. The service agent shall be entitled to such fees for its services as may be agreed to be the association and the service agent. Section B. The fund shall obtain excess insurance coverage in accordance with state laws, rules and regulations, for maintaining the integrity of the fund. Section 9: Each participating municipality agrees that, to the extent admitted by Iowa law, it will be responsible for its pro -rata share of any excess workers compensation or related employer liability losses hoz I -7- which the fund may experience; provided that such pro -rata share shall not be required to be paid until and unless the fund has exhausted all other means of paying such losses. Section 10. The association shall determine the contributions of each municipality by applying experience modification to the standard rates for the exposure to the risk. The standard rates are to be compiled by the National Council on Compensation Insurance and are to be approved by the Iowa Commissioner of Insurance. Each municipality agrees to make prompt payment of these contributions. Section 11. In the event the fund pays any claim against a municipality, the fund shall be subrogated to the extent of such payment to all the rights of the municipality against any person or other entity legally responsible for such loss, and the municipality agrees to render all reasonable assistance to effect recovery. Section 12. The liability of this fund to the employees of the munici- pality shall be specifically limited to such obligations as are imposed by Iowa law against the employer for workers compensation and employer's liability related to workers compensation. Section 13. The association shall determine whether an applicant shall be admitted to membership; and whether a member shall be expelled from the fund in accordance with its rules and regulations. ARTICLE VIII APPROPRIATE ACTION Section 1. Each of the undersigned municipalities affirms that the • council has by resolution authorized and directed the mayor and clerk to execute this agreement, and further states that a certified copy of its X03 10 resolution will be filed with the Iowa Commissioner of Insurance and the Iowa Secretary of State with this agreement. Section 2. None of the municipalities jointly creating this association are required to participate in the fund established by the association, but may do so subject to the same conditions and restrictions as are placed on other cities. ARTICLE IX rlMM,u161:431 Section 1. These Articles may be altered, amended or repealed and new Articles may be adopted by the directors at any annual or special meeting , of the directors, provided that before any change becomes effective, it must first be approved by sufficient members constituting a majority of the paid in dollar volume of contributions to the fund during the current fiscal year and by the Iowa Commissioner of Insurance and filed in the manner provided for filing these Articles. The undersigned cities execute this Agreement on the date hereafter stated. CYV 'OF SHELDON fir' f 'Y,i /''._ OR Art �: ._ : `'► I �. ATF ; CITY OF URBANDALE Attest: —DATE -- MAYOR Tt, \,DATE CITY OF DUBUQUE CITY OF IOWA CITY r ` n Attest: lam. 7- Attest: 30� ERK —DATE I � 9 •r.• • IV �� ME STATE OF IOWA SS. JOHNSON COUNTY On this 30th day of June, 1981, before me, the undersigned, a Notary Public in and for the State of'Iowa, personally appeared JOHN R. BALMER and ABBIE STOLFUS, 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, a municipal corporation; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council and that the said JOHN R. BALMER and ABBIE STOLFUS 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. N-fta—yY Public in and for theS tate of Iowa CORP TE SEAL • .ryprr••'hrnei•' �TATE OF //,,,6 IJf IOWA SS. tdf' COUNTY On this 1st day of July, 1981, before we, the undersigned, a ,J Notary Public in and for xhe State of owa, personall appeared Aar G4 s and oro//^y , , ).cl.e// , to me personally n n, w o, a ng y me duly sworn, say a they are the Mayor and City Clerk, respectively, of the City of Sheldon, Iowa, a municipal corporation; -that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of said municipal5orporation by authority of the City Council and that the said /(" Ye a'. Prs and J/oro/A /h �c1,e// as such officers acknowledged e execution of :said instrument to De t e voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. 11otary u c n an or t o tate o Iowa %ME SEAL BooK 5110 PALS 6,?0 STATE OF IOWA SS. POLK COUNTY -10 - On this 1st day of July, 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me persona known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Urbandale, Iowa, a municipal corporation; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council and that the said and as such oo ers acknowledged EFa execu ion of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. ':.N Notary u iC drd fR the Ttate o I wa is i ,(-AORPIORATE SEAL STATE OF IOWA SS. DUBUQUE COUNTY On this 1st day of July, 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared D. Michael King, Mayor and Mary Davis, City Clerk , to me personally nown, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council and that the said D. Michael Kin Ma or and Mar Davis Cit Clerk as such o accnow a ge t o execution of sai instrument o e t e voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. r P \ YOZATE SEAL rfr}It ' •.�•Nw w N6Vaey Public in and for t otate Iowa 1 silo ;J� 621 1®d4 r RESOLUTION NO. 81-176 RESOLUTION APPROVING SIGNING OF RELEASES IN CONNECTION WITH BLOCK 64 URBAN RENEWAL REDEVELOPMENT WHEREAS, the City of Iowa City, College Plaza Development Company, and Plaza Towers Associates have for some time been involved in a dispute concerning the development of Block 64 in Iowa City, Johnson County, Iowa, and, WHEREAS, the parties have resolved these differences and wish to execute mutual reciprocal releases of all claims that they each may hold against the other, and, WHEREAS, all three of the above named parties recog- nize the importance to the public and to the City of prompt redevelopment of Block 64. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City as follows: 1. That the attached release of claims whereby the City of Iowa releases all claims held by it against the parties named therein all as specified in the release of claims be and it is hereby approved. 2. That the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Iowa City. It was moved by Vevera and seconded by Roberts that the resolution as read be {O0/ - z - adopted, and upon roll call there were: 1981. AYES: NAYS: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x ABSENT: Vevera x Passed and approved this 30th day of June , ATTEST: -J�/Zz) City Clerk Received & Approved By the legal Department G — M RELEASE OF CLAIMS Pursuant to authority given by the City Council of Iowa City, and for valuable consideration received, the undersigned Mayor and City Clerk of Iowa City, Johnson County, Iowa, on behalf of the City of Iowa City, hereby re— leases and discharges College Plaza Development Company, a partnership, and each of its individual partners, The College Plaza Corporation and each of its officers, directors and shareholders, High Country Corporation and each of its officers, directors and shareholders, those further persons or corporations named below, from any and all claims possessed or held by the City of Iowa City against said individuals, firms or corporations as a result of the filing of a tort claim notice by College Plaza Development Company and High Country Corporation with the City of Iowa City on or about November 14, 1980. Specifically, the City of. Iowa City releases, acquits and forever discharges the following firms and individuals from any and all claims as hereinafter described: 1. The College Plaza Corporation and its officers, directors and shareholders. 2. College Plaza Development Company, and each of its partners 3. High Country Corporation and all of its officers, directors and shareholders. 4. Viggo M. Jensen Company and all of its officers, directors and shareholders. 5. Calvin A. Rnight. 6. Laverne G. Shay. 7. Shay Electric Service, Inc, and all of its officers, directors and shareholders. 8. William V. VanDuyn. 9. R. M. Boggs. 10. R. M. Boggs Company, Inc. and all of its officers, directors and shareholders. 11. Stevens Sand & Gravel Company, Inc. and all of its officers, directors and shareholders. 12. John M. Stevens, Jr. 13. Thomas Nereim. 14. John Douglas Benz. 15. H & L Investments, a partnership consisting of Richard F. Hansen and John Lind. .. �J.4 .4YUW:wW WAiYii. 'para ae.4 ..4a — -.1. y 40.% 4 . . 01iA .411.1 1, _ .O i a. -2- 16. Richard F. Hansen. 17. John H. Lind. 18. Any and all other individuals, partnerships or corporations owning any interest in any of the above enumerated firms, partnerships or legal entities. The claims released, discharged, acquitted and waived are the following: 1. Any claims for tortious interference with contract rights held by the City of Iowa City existing as a result of the filing of the above specified notice of tort claim. 2. Any claims held by the City based upon any malicious prosecu- tion or abuse of process cause of action. 3. Any other claims,demands and causes of action of every nature and description held by the City of Iowa City resulting from the filing of said tort claim notice or any other actions relating thereto, including any claim for damages whether said claim is known or not or which has or may ever be claimed, including but not limited to the bidding process which the City solicited, reviewed and selected one or more proposals relating to the development of Block 64 in Iowa City, Johnson County, Iowa. The consideration for this release is the contemporaneous irrevocable withdrawal of the tort claim notice filed November 14, 1980, and executed by all necessary parties of releases of any claims held by them in connection with the bidding process for the development of Block 64 whether mentioned, outlined or specified in the notice of tort claim of November 14, 1980, or not. Further consideration of this release will be the contemporaneous execution of a release of all claims held by Plaza Towers Associates of any claims possessed by them arising from the above referred to transaction or events. Dated at Iowa City, Iowa, this 30th day of June, 1981. Attest: Abbie Stolfus, City Cleik ��b RESOLUTION NO. 81-177 RESOLUTION APPOINTING CITY ATTORNEY AND ESTABLISHING COMPENSATION FOR FISCAL YEAR 1982 BEGINNING JULY 1, 1981 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 Iowa City, Iowa, that Mr. Robert Jansen hereby is appointed to the position of City Attorney and that said position shall receive as compensation that amount which is set forth in lieu of all other fees and compensation except as otherwise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and 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 compensation is hereby established effective July 1, 1981: City Attorney - $44.00 hourly for all legal work, except litigation $49.00 hourly for litigation It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30th day of June 1981. AY R ATTEST:7u �J CITY CLERK Received & Approved By The Legal Uepartmert b // RESOLUTION NO. 81-178 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 Class "B" Beer Permit or liquor control license, to wit: VFW Post #2581, 1012 Gilbert St. It was moved by Ferret and seconded by Lynch that the Resolution as reade adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of July 19 81 Attest: 1�1z RESOLUTION NO. 81-179 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: List attached It was moved by Perret and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch x Erdahl X Neuhauser X Perret X Roberts X Vevera X 19 81 Passed and approved this 14th day of July Attest: City Clerk 410 82-105 Hambur, n #2, 214 N. Linn 82-106 Hill rto t 1123 N. Dodge St. / ---82=3$7--- . ci-a-;,ou s e V 6L�QJ 82-108 Pagliai's Pizza, 302 E Bloomington 82-109 Burger Palace, 121 Iowa Ave. 82-110 FW # r 1 1 Gilb C t 82-111 82-112 82-113 82-114 82-115 82-116 82-117 82-118 82-119 82-120 82-121 82-122 82-123 82-124 82-125 82-126 82-127 82-128 82-129 82-130 82-131 82-132 82-133 82-134 82-135 82-136 82-137 82-138 82-139 82-140 82-141 82-142 82-143 82-144 82-145 82-146 82-147 82-148 82-149 82-150 Fairchilds, 105 E. Burlington Randall's, 1851 Lower Muscatine George's Buffet, 312 Market Chuck's Clark, 504 E. Burlington Bob Bell's LTD, 2315 Muscatine Ave. Micky's, 11 South Dubuque BPO Elks #590, 637 Foster Rd. The Shamrock, 525 S. Gilbert St. Woodfields, 223 E. Washington Country Kitchen, 1402 S. Gilbert St. Wareco, 828 S. Dubuque St. Mall _Wt Service, Mall Shopping Center Discount Den of Iowa, Inc., 117 E. College St. RESOLUTION NO. 81-180 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 Class "B" Beer Permit or liquor control license, to wit: Field House, Inc. dba The Field House, 111 E. College The Great American Saloon Co. dba Maxwell's, 121 E. College St. It was moved by Perret and seconded by Lnch that the Resolution as reade a opted, and upon rollca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of Jul Attest: 61..5 RESOLUTION NO. 81-181 RESOLUTION ACCEPTING THE WORK FOR THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY RAMP A WHEREAS, the Engineering Department has recommended that the im- provement covering the Court and Corridor for the Downtown Parking Facility - Ramp A as included in a contract between the City of Iowa City and Streb Construction Co., Inc. of Iowa City, Iowa dated No'Vember 10, 1980 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 et and seconded by Lynch that the resolution as read be adopted, and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH X NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 14th day of July 1981. ATTEST: d 6/d RESOLUTION NO. 81-182 RESOLUTION SETTING PUBLIC HEARING ON Gilbert Street Railroad Crossing Improvements DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARI G,' AND DIRECTING CITY ENGINEER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the above-named project is to be held on the 28th day of 9uly , 19 81 , at 7:30 P.M. in the Councn Chambers, Civic Center, Iowa--flty, 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 Perret and seconded by Lynch that the resolution as rea a adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of July , lg 81 ATTEST: f Y R CITY CLERK 611 RESOLUTION NO. 81-18: RESOLUTION AUTHORIZING CONVEYANCE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED ALONG FOSTER ROAD AND ST. ANN'S (ST. ANNE'S) DRIVE. WHEREAS, the City of Iowa City owns portions of the real property hereinafter described by Attachment A and incorporated by reference herein; and WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 81-3022 on June 2, 1981, vacating the above-described street right-of- way; and WHEREAS, the City Council proposes to convey the above-described real property to Condowa, Inc. subject to retaining existing easements and subject to the following terms: 1. All surveying and engineering costs to be paid by Condowa, Inc. 2. Condowa, Inc. shall quit claim certain property described in Iowa City for right-of-way purposes, Attachment A. WHEREAS, a public hearing on proposed conveyance was held on the 14th day of July, 1981, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, with publication of notice as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to convey the above-described real property to Condowa, Inc., in exchange for payment of engineering and surveying costs of the property in question and provision of a Quit Claim Deed to the City as described above by Attachment A. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate quit claim deed conveying the above-described property to Condowa, Inc. It was moved by Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of July 1981. 4MAYO�. �— ATTEST: u CITY CLERK Rsmived & Aoprovwi By n. a saga! L4apartrnent ATTACHMENT A LEGAL DESCRIPTION: PARCEL No. 1 (vacated R.O.W.) An irregular strip -of land adjacent to the Northerly and Lots 28 and 29 of Conway's Subdivision and outlot "A" of 30 Conway's Subdivision, more particularly described as 6-.19 Easterly boundaries of the Resubdivision of Lot follows: Beginning at the NE Corner of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N201110711W, 616.31 feet and N6004813811E, 395.69 feet from the SW Corner of the NEI of the NEI of Section 3-79-6; Thence I129011'22"W, 5.50 feet; Thence N60048'38"E, 53.52 feet; Thence Southeasterly 122.21 feet along a 66.50 foot radius curve, concave Southwesterly, whose 105.73 foot chord bears S66°32.126"E; Thence Southeasterly 104.47 feet along a 320.00 foot radius curve, concave Northeasterly, whose 104.01 foot chord bears 523014141"E; Thence Southeasterly 105.79 feet along a 90.00 foot radius curve,concave Northeasterly, whose 101.11 foot chord bears 566046122"E; Thence 579°03'08"W, 15.00 feet; Thence Northwesterly 142.74 feet along a 95.15 foot radius curve, concave Northeasterly, whose 129.73 foot chord bears N59058119"W; Thence N14059'45"W, 52.04 feet; Thence Northwesterly 101.66 feet along a 95.75 foot radius curve, concave Southwesterly, whose 97.12 chord bears N45128121"W; Thence S60048'38"W, 77.40 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 2 (vacated R 0 W ) A 5.50 foot wide strip of land adjacent to the Northwesterly line of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision more particularly described as follows: Beginning at the NE Corner of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N2011'07"W, 616.31 feet and N6004813811E, 395.89 feet from the SW Corner of the NEI of the NEI of Section 3-79-6; Thence 560048138"W, 80.00 fest; Thence N29011122"W, 5.50 feet; Thence N60048138"E, 80.00 feet; Thence S29011122"E, 5.50 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 3 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Northwesterly lino of Lot 2 of the resubdivision of Lot 30 Conway's Subdivision more particularly described as follows: Beginning at the NE Corner of Lot 2 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N201110711W, 616.31 feet and N60048'3811E, 315.89 feet from the SW Corner of the NEI of the NEI of Section 3-79-6; Thence S60048'38"W, 115.00 feet; Thence Southwesterly 23.56 feet along a 15.00 foot radius curve, concave Southeasterly, whose 21.21 foot chord bears S1504813B"W; Thence N29011'22"W, 5.50 feet; Thence Northeasterly 23.56 feet along a 15.00 foot radius curve, concave Southeasterly, whose 21.21 foot chord bears N15048'38"E; Thence N60°48'38"E, 115.00 feet; Thence S29°11'22"E, 5.50 feet to the Point -of -Beginning. Alf -2- LEGAL DESCRIPTION: PARCEL No. 4 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Northwesterly line of Lot 25 of the resubdivision of Lbt•"30 Conway's Subdivision, more particularly described as follows: Beginning at the NW Corner of Lot 25 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N2011'07"W, 616.31 feet from the SW Corner of the NE4 of the NE4 of Section 3-79-6; Thence NO2°11'07"W, 6.44 feet; Thence N60°48'38"E, 117.54 feet; Thence Southeasterly 23.56 feet along a 15.00 foot radius curve, Southwesterly, whose 21.21 foot chord bears S74011'22"E; Thence 529011'22"E, 5.50 feet;' Thence Northwesterly 23.56 feet along a 15.00 foot radius curve, Southwesterly, whose 21.21 foot chord bears N740 11'22"W; Thence 560048138"W, 120.69 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 5 (vacated R.O.W.) concave concave A 5.50 foot"wide strip of land adjacent to the Southeasterly line of Lot 25 Conway's Subidivision, more particularly described as follows: Beginning at the SW Corner of Lot 25, Conway's Subdivision, said corner being N2011107"W, 690.39 feet from the SW Corner of the NE4 of the NE4 of Section 3-79-6; Thence N60040'38"E, 110.46 feet; Thence S33009'07"E, 5.51 feet; Thence S60048'38"W, 114.19 feet; Thence NO2011'07"W, 6.44 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 6 (vacated R.O.W.) A 5.50 foot wide strip of land adjacent to the Southeasterly line of Lot 24 Conway's Subdivision, more particularly described as follows: Beginning at the SW Corner of Lot 24 Conway's Subdivision, I12011107"W, 690.39 feet and N6004813811E, 110.46 -feet from NE4 of the NE4 of Section 3-79-6; Thence N60048'38"E, 79.92 feet; Thence S33009'07"E, 5.51 feet; Thence S60048'38"W, 79.92 feet; Thence N33009'07"W, 5.51 feet to the Point -of -Beginning. LEGAL DESCRIPTION: PARCEL No. 7 (vacated R.O.W.) said corner being the SW Corner of the A 5.50 foot wide strip of land adjacent to the Southeasterly line of Lot 23 Conway's Subdivision, more particularly described as follows: Beginning at the SW Corner of Lot 23 Conway's Subidivision, said Corner being N2011107"W, 690.39 feet and N60148'38"E, 190.38 feet from the SW Corner of the NE -41 of the NE4 of Section 3-79-6; Thence N60048'38"E, 79.92 feet; Thence 533009'07"E, 5.51 feet; Thence S60048'38"W, 79.92 feet; Thence N33009'07"W, 5.51 feet to the Paint -of -Beginning. -3- LEGAL DESCRIPTION: PARCEL No. 0 (vacated R D W ) A 5.50 foot wide strip of land adjacent to the Southeasterly line of Lot 22 Conway's Subdivision, more particularly described as follows: Beginning at the SW Corner of Lot 22, Conway's subidivision, said corner being N201110711W, 690.39 feet and N6014813811E, 270.30 feet from the SW Corner of the NE4 of the NE -41 of Section 3-79-6; Thence N60048'38"E, 79.92 feet; Thence S3300910711E, 5.51 feet; Thence S60048'38"w, 79.92 feet Thence N33009'07"W, 5.51 feet to the Point—of—Beginning. LEGAL DESCRIPTION: PARCEL No 11 (vacated R 0 W ) An irregular strip of Land adjacent to the Westerly line of Lot 26 Conway's Subdivision more particularly described as follows: Commencing'at the NE Corner of Lot 1 of the resubdivision of Lot 30 Conway's Subdivision, said corner being N2011'07"W, 616.31 feet and N60048'38"E, 395.69 feet from the SW Corner of the NEI, of the NE4 of Section 3-79-6; Thence N60°48'38"E, 192.43 feet; Thence 54020143"E, 121.13 feet to the Northwesterly corner of Lot 26 of Conway's Subdivision; Thence S29041'47"E, 60.40 feet; Thence S55056'52"E, 10.57 feet to the Point—of.—Beginning; Thence 555056'52"E, 39.37 feet; Thence Northwesterly 40.47 feet along a 50.00 foot radius curve, concave Northeasterly, whose 39.37 foot chord bears N5505615211W to the Point—of— Beginning. A dp?/ RESOLUTION NO. 81-184 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF The Scott Blvd Paving ImnrovamPntPro;Po_ct Rhasp11 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. 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 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 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 hid 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 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 10:00 A.M. on the 5th day of August , 19_81. Thereafter, the bias will be opened by the City Engineer or his designer , 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 11th day of August , 19,91 6a.? Page 2 Resolution No. 81-184 It was moved by Lynch and seconded by Roberts that the Resolution as read e ado-p—t-e-cT, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of ATTEST: x 16 CITY CLEW d July , lg 81. i MAYOR - 6073 RESOLUTION NO. 81-185 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF FY82 Asphalt Resurfacing Project WHEREAS, L. L. Pelling Co., Inc. of Iowa City, Iowa has submitted the best bid 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 1- 1 _ Palling f.n_ Tnr , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Lynch and seconded by Roberts that the Resolution as read be adopted, and goon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSHER x PERRET x ROBERTS x VEVERA Passed and approved this 14thday of July , 19 81 ATTEST: bW fa CONTRACT THIS AGREEMENT, made and entered into this _.Al,_-- day of +_— —' 19 8/ , by -and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and L. L. Pellina Co. . Inc. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 27 th day of 19 81, for THE FY82 ASPHALT RFSORFACTNG PRnJFCT under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. __ . �� �a e. Spec Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by on(! Shall be as binding as if called for by all. 3. -That payments are to be made to the Contractor in accordance with and subject to the provisions embodied .in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST: ATTEST: (Title) City Clerk (Title) Company Offi is 64W4 FORM OF PROPOSAL THE FY82 ASPHALT RESURFACING PROJECT CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON AP1`PLICAT TO THE ENGINEER. Name of Bidder _ L Lut f Address of Bidder —2 -Al o TO: City Clerk City of Iowa City Iowa City, Iowa 52240 C� SzZ� The undersigned bidder submits herewith bid security in the amount of $ % J%o _ in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda — — and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis as provided in the "Standard Specifications". ITEM DESCRIPTION sion I Surface course type A (3/8" mix) eveling course type A (3/8" mix) ack Coat +sphalt Removal ianhole Adjustment :atch Basin Adjustment abric Reinforcement ion II urface course type A (3/4" mix) veling course type A (3/8" mix) c, -k, Coat sphalt Removal euaval of Wooden Bridge 8" R.C.P. Storm Sewer, 3000D ESTIMATED UNIT UNIT UANTITY PRICE Tons 2112 Tons 4045 Gals. 1950 Sq. Yds. 408 Each 38 Each 16 Sq. Yds. As re- quired SUBTOTAL DIVISION I - EXTENDED AMOUNT $ q�4 -s4.7 , �c p$ 12 'is c CC) 7 9.G0t1 6U $ Tons 406 $-;�6 C1 ,- $ �u c( -Ac Tons 406 $ 5ti Si• $ «f.5ri.y,: Gals. 400 Sq. Yds. 300 $ "i.S't, $ LmSL C, Lump Sum 1 $ tic L.F. 30 $ 'p ec $ `2LOr, GC ITEM DESCRIn 'ON 48" R.C.P. Apron 3000D Fabric Reinforcement ,vision III Pavement P.C.C. Class C 7" Pavement Removal A C C type A (3/8" mix) for Railroad Crossing LJI IFAM ILU 40 U111 LA ILIIULU UNITUQ ANTIT" 1 PRICE AMOUNT Each 2 $'-7�0 .cc $ or . uu Sq. Yds. As required $ 2..Sv $ SUBTOTAL DIVISION II - $ & III Lt% q4'8�% The undersigned bidder certifies that this proposal is made Sq. Yds. 490 $ z\ co $ 'G121c-cn Sq. Yds. 490 $ .00 $ 3 Ckvt, on Railroad Crossing Tons 40 $'1S.Co $ 3con rc Traffic Control Lump Sum 1 $l c c1 $ "I.5'a:oo Railroad Header Each 4 $ ,c� $ '� oc oo SUBTOTAL DIVISION III - TOTAL DIVISIONS I, II, & III - $ -5-SS- l.—1 o c% The undersigned bidder certifies that this proposal is made in good faith, without Ilusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the itract Documents and agrees that, in the event of any discrepancies or differences Sween any conditions of his proposal and the Contract Documents prepared by the City Iowa City, the provisions of the latter shall prevail. FIRM: By: siness AddReSs eal - if bid is by a corporation RTNERSHIPS: FURNISH FULL NAME OF L PARTNERS z� d aid. 'ERFORMANCE AND PAYMENT BON[ KNOW ALL MEN BY THESE PRESENTS THAT Ili e name Inc., I or Legal t a Principal, hereinafter called the Contractor and Contrac ited Fire _& Casualty Company Cedar Rapids Iowa as Surety, hereinafter ere insert the Zegal tztZe of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Thraa Hundred Thirty Five Thousand, Six Hundred Seventy and 60/100--- Dollars ($335,670.60) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 81, entered into a Contract with Owner for... F.Y.82 Asphalt Resurfacing Project, Iowa City, Iowa a In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect A. The Surety hereby waives notice of any alteration or extension Of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PR -1 ��'� I. UumNieLe uIc w I CL L 1n dccurudnce wltn 1t5 terms ano condi tic or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this .paragraph, shall mean the total arra unt payable .by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one (1) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accoi--..ce with provisions of ChaptE, X13 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF A.D., 1981 IN THE PRESENCE OF: L. L. PELLING COMPANY, INC. rinci� B W tness o' — — t e B Witness e1 Ajt)rney-in-Fact and Nowa Resident Agent I ED FIRE & CASUALTY COMPANY .._.VIE OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 30, 198 2 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V —Surety Bonds and Undertakings." Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attorney. -In -fact to act in behalf of the Company in the execution of Policles of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer autho- rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or cer. tification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorn.ya-in-fact, subject to the limitations set forth In their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Com- pany may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents and its corporate seal to be hereto affixed this 30th Please insert the date at the bottom 1980 . of the Pother of Attorney, the same UNITED FIRE �& CASUALTY COMPANY date used on the Contract and Bond. State of Iowa, County of Linn, ss:/(( ice President On this 3 0th day of January 1980 , before me personally came Richard J . Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. MI ROGER G. HECKROTH R ECMO G. NE l I HpI S"Mbu 30, 1980 Notary Public My commission expires September 30, 19 8 0 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. "6 crsu� In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said n SW,'CCFPOAAii .,3. Company this day of 19 (� 11mr) d 8s C l/ Secretary ,�� .J. CERTIFICATE OF INSURANCE f Wvausau insurance Companle5 us is to certify that the insurance policies (described. below by a policy number) written on forms in use by the company have been issued. its certificate Is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy Jerred to herein. ame and address of Insured I ? Expnagon Date Policy Number ' Unless otherwise indicated, this policy affords full coverage under the Workers' Producer No.: 1470 L. L. Pelling Company, Inc. Place: Cedar Rapids, IA R. R. #5, Scott Blvd. Date Issued: 7-8-81 Iowa City, IA 52240 Region: Midwest L 6-1-82 0711-00-043681 —Employers holiday r Ana of Covemoe ? Expnagon Date Policy Number ' Unless otherwise indicated, this policy affords full coverage under the Workers' Compensation jaws of all states (except states where coverage can be provided only by 1 State Funds, and Canodo) and as designoted in the policy and endorsements for Coverage B .r nr. tnotian 1 6-1-82 0711-00-043681 —Employers holiday Limits of Liability Bodily Injury Property Damage "'onenavr 1 6-1-82 0722-00-043681 $ 500,000 Each Occurrence E 100,000 Each Occurrence n Imhinv s 500,000 Ag9regme s 100 000 A9gregme rraauru Completed OPClotians: ®Included ❑Excluded single Lima E Each Occurrence C ommuuol - All Written Contracts: ® Included ❑ Not Covered E Aggregate .. .rr+ Landlords $ Each Occurrence E Each Occurrence n leri."s Liability E Aggre9me on a c Nal L.abday— $ Each Occurrence E Each Occurrenre s cinni Conlraus E Aggregate Single lima E Ecch Occurrence E Aggregate rio1i1e1iodi1iyLJ 6-1-82 0722-02-043681 $ Per Person X All Owned Autos 1�{] Hired and Nonowned Autos E Per Accident $ Per Acciden . Speolred Autos Only Single Until b5nn, 000 Per Accident milia 000 Each Occurrence An, 1 6-1-82 0722-03-043681 $$2,500 Aggra s2,500,000 Rellen gone Products - Completed Operations .tial Provisions/Locations/Specified Autos: The City of Iowa City, IA is named as an additional insured on the above policy 110722-00-043681 applicable to all work done by the policyholder in the City of Iowa City, IA during the policy year. w anvonding any regmremenl, term or condition of any contract or other document with respect to which lhrs carfit¢ale may be issued or may pertain, the insurance offord- r ; the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the In.mi thereof. it entry of o number in this column means that The coverage is afforded by the company doled by the same number ued to: City of Iowa City, IA Issued b 71. MPLOYERS INSURANCE OF WAUSAU A Mutual Company Civic Center .) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Iowa City, IA (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY (4.) WORLWIDE UNDERWRITERS INSURANCE COMPANY Signed 1�TE( / - /a Amhvved Cur.rwn, P lY roe.e RESOLUTION NO. 81-186 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CBD Alley Paving - Phase II, Block 82, O.T. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the beet bid 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 Metro Pavers, Inc. , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Perret and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved thin 14th day of ATTEST: July 19 81 6 o7.S CONTRACT THIS AGREEMENT, made and entered into this 1� day of e 19 8/, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and METRO PAVERS. INC. party of the second part, hereinafter referred to as the "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 27th day of May 19 81, for CBD Alley Paving - Phase II, Block 82, O.T. under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. e. Specia -ovisions f. Proposal g. .This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. � r Be Mayor �► ATTEST: a (Title) City Clerk Contractor (Seal) ( itle) V��,_f ATTEST: (Title) Company Official) CF -2 1 2 3 4 5 6 7 8 FORM OF PROPOSAL CBD ALLEY PAVING - PHASE II BLOCK 82, O.T. CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Metro Pavers, Inc. Address of Bidder 1722 Stevens Drive , Iowa City, Iowa 52240 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ to % in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda I I I , and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ITEM DESCRIPTION Alley pavement, P.C. Concrete class C-3, 7 inch Sidewalk, P.C. Concrete, 4 inch Class A, 3/4 inch Road stone Asphaltic Concrete Pavement type A, 3/8 inch, 6 inch depth Concrete removal Remove existing storm sewer Intake Removal Alley Intakes r � G ESTIMATED UNIT EXTENDED UNITUAQ NTITY PRICE AMOUNT Sq. Yd. 795 $ /S°C' $ 14 &2sccl Sq. Ft. 35 $ %_o01 $ 70 °O Ton 15 $ /060 $ 5-0 CO Ton 20 $ -e/-g°O $ 9bosp Sq. Yd. 850 $ 2' o $—/ 70c Lin. Ft. 315 $ 2 $ pk 35' Each 4 $ CSC $ Each 3 $ 9 FiOcO $ r � G ITEM DESCRIPTION 9. Manhole, Std. 48" Diameter 10. Sewer, 2000D Storm, 12 inch Dia 11. Storm Drain Connections ESTIMATED UNIT EXTENDED UNITUAQ NTITY PRICE AMOUNT Each 1 $ /000 `— $ lne?o cc - Lin. Ft. 315 $ /�/°O $ -6-9$. Each 10 $ 150 °� $ 1500"` TOTAL EXTENDED AMOUNT The undersigned bidder certifies that this proposal is made in good faith, with- out collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in th event of any discrepancies or differences between any conditions of his proposal and the 'Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: Metro Pavers. Inc President Title Iowa City, Iowa 2240 Business Address (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS 4as PERFORMANCE AND PAYMENT BOND 418-913 KNOW ALL 14EN BY THESE PRESENTS THAT metro Pavers,_ Inc., P. o. sox 251,_ _ Iowa City, Iowa (/Ir:rr• i),aw" 1. Ih(S narae and addre:r; or Zerlal titlo of the Contraa-Lor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company as Surety, hereinafter (ller•a insert the Zerg(2Z titZe of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Twenty-eight Thousand Two and no/100 Hundred Thirty-six _ Dollars ($28,236.25 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 1981_, entered into a Contract with Owner for... CBD Alley Paving - Phase II Block 82, O.T. In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is'hereinafter referred to as the Coritracl. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contrac•nor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five}_ years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or I corporation other than the Owner named herein or the heir:, executors, administrators or successors of Owner. GAS IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 14th DAY OF _T", A.D., 19,83. IN THE PRESENCE OF: METRO PAVERS, INC. D'inrinal V221 tness MERCHANTS MUTUAL BONDING COMPANY (Surety) Tit ames E. Thompson Attorney-in-fact MERCHANT MUTUAL B0NDINC rOMPANY DES MOINES, IOWA POWER OF ATTORNEY Kraiw All Men By These Presents, that the M6R("IIAMS sn'rrAl. xusnnr. aun•A%v, a corpnruion July organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. Sn,te of Iowa, hath made, constituted and appointed, and does by these presents make. constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMair II, Carl J. (-rant Jr., Jalfos E. Thonyscrt, Jarfes v. Norris, F. Melvyn Hrubetz an and State of Iowa its true and lawful Aum oey-in-Fact. with full power and uuthoniy hf��erehy con erred in its name, place and stead, to sign. execute, acknowledge and deliver in its behalf u% surety: Any or all bonds or undertakings, provided that no band or undertaking executed under this authority shall exceed in amount the sum of CNE MILLICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby a% fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given. are hereby ratified and confirmed, This Power-of-Atromey is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2. SECTION 5A. -"'The Chariman of the Board or President orany Vice President or Secretaryshall have power and authority to appoint Atiomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Sed of the Company thereto, bonds and undertakings, recognizance%, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has cursed these presents to be signed by its President and Vice President, and its corporate sed to be herein affixed, this 22nd day of may A.D.. 1979 Attest MERCHANTS MUTUAL BONDING COMPANY the P"'U'r' STATE OF IOWA COUNTY OF POL.K By �3; On this 22nd day of May ,19 79 . before me appea,,d and Wlllam Warner, to me personally known, who being by me duly sworn did say that they are President and VicePresident rreesper lively of the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing instrument. and that the Seal affixed to the said instmmrrtt is the Corporate Seal of the .said Corporation and [hat the said instrument was signed and sealed in behalf of said Corporation byauthority of its Board of Directors. In Testimony Whereof. I have hereunto set my hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. e IOWA}ia! Q% s, e % ). ,.,,„,•„r ,qtr STATE OF IOWA Z R 1 A t. 46 COUNTY OF POLK 418-913 A'urnn Pnhn,. Polk Covnrr. fn.o arrr,.n,•n�„�,.„rtrr+,,, 9-30-81 I, William Warner. Vice President of the MERCHANTS MUTUAL BONDING COMPArytk.•'U•'N that the above and foregoing is a true and correct copy of the POWER OF A'ITOR(! MERCHANTS BONDING COMPANY, which is still in force and effect. 'A' MERCHANTS In Witness Whereof. I have hereunto set my hand and affixed the seal or the Company, at ,I,? _ 'r,is 14th day of July 19. 81 ' 4• �-393: r ,���� This power of atlomcy expires Until Revoked w. certify b. said NAME AND ADDRESS OF AGENCY LaMair-Mulock-Condon Co. 907 Walnut Street Des Moines, Iowa 50309 NAME AND ADDRESS OF INSURED Metro Pavers, Inc. P.O. Box 251 Iowa City, Iowa 52240 COMPANIES AFFORDING COVERAGES COMPANY LA Iowa National Mutual Ins. Co. ET ER COMPANY O LETTER /B COMPANY ■ LETTER V COMPANY LETTER COMPANY E LETTER E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY POLICY Limits of Liability in Thousands EACH AGGREGATE LETTER TYPEOFINSURANCE POLICYNUMBER EXPIRATION DATE OCCURRENCE A GENERAL LIABILITY CCC 80 145 206 4-25-82 BODILY INJURY $ 500 s 500 ® COMPREHENSIVE FORM ®PREMISES—OPERATIONS PROPERTY DAMAGE S 200 s 200 4 ® EXPLOSION AND COLLAPSE *Coverage applies only HAZARD ® *to Street or Road ; UNDERGROUND HAZARD © PRODUCTS/COMPLETED Construction #16125313 OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND ® BROAD FORM PROPERTY PROPERTY DAMAGE COMBINED $ 5 DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURY $ 500 ® PERSONAL INJURY A AUTOMOBILE LIABILITY BODILY INJURY $250 CCC 80 145 206 4-25-82 (EACH PERSON) ® COMPREHENSIVE FORM BODILY INJURY $ 500 ® OWNED (EACH ACCIDENT) HIRED PROPERTY DAMAGE S 200 I® BODILY INJURY AND 1111 NON -OWNED PROPERTY DAMAGE S COMBINED A EXCESS LIABILITY C, 48 120 946 4-25-82 ® UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE $1,000- $ 1,000 ❑ OTHERTHAN UMBRELLA COMBINED FORM A WORKERS'COMPENSATION WC 30 495 803 4-25-82 STATUTORY and EMPLOYERS' LIABILITY $ LOO IE/LN4CP0[Nil OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Project: CBD Alley Paving - Phase II Block 82,O.T. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will NXMMXxxD mail In days written notice to the below named certificate holder,7GXK39MXDM NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Iowa City, Iowa Iowa City, Iowa 52240 DATE 16. 1981 MAIR - MOLOCK - CONDON CO. RESOLUTION NO. 81-187 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT 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. WHEREAS, Chapter 28E of the 1979 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 transportation by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights that: 1. The Mayor is hereby authorized to sign and the City Clerk to attest an agreement between the City of Iowa City and the City of University Heights, a copy of which agreement is attached to this Resolution and made a part hereof. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest this Resolution. It was moved by Roberts and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret X Roberts x Vevera Passed and approved this 14th day of July 1981. \�P'IAYOR� 9 ATTEST: CITY CLERK Received & Approved By The legal Department a0—.23—£f/ AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT, made and entered into this /+1'24 day of ,1981, by and between the City of Iowa City and the Un City of ers y Heights, municipal corporations. WHEREAS, Chapter 28E of the 1979 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 transportation by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: I. Scope of Services: The City of Iowa City shall provide public transit service to the City of University Heights. It is hereby agreed that Iowa City shall determine the scheduling of buses, the routes and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of service as residents of Iowa City who are served by the same routes. II. Duration: The term of this agreement shall commence July 1, 1981, and shall continue through June 30, 1982. III. Termination: This agreement may be terminated upon thirty days written notice by either party. IV. Compensation: The City of University Heights agrees to pay $17,976 for the provision of public transit service as herein described upon the signing of this agreement. In the event this agreement is terminated by either municipality before the expiration of the one year period of duration, the City of University Heights shall receive a prorata refund of said payment. V. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF UNIVERSITY HEIGHTS, IOWA CITY OF IOWA CITY, IOWA ATTEST: Q. ITY CLERK MAYOR ATTEST: ( [ 44 1 CITY CLERK 6 Received & Approved BY The Legal Department /— RESOLUTION NO. 81-188 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH CITY CAB COMPANY OF IOWA CITY FOR THE FY82 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS Program for delivery of special elderly and handicapped transit services, and WHEREAS, Iowa City, Johnson County and City Cab Company intend to negotiate an Agreement in order to provide supplemental taxi services for Iowa City residents, and record this Agreement in the Johnson County Recorder's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the Mayor is hereby authorized and the Clerk to Attest an Agreement for supplemental taxi service to the Johnson County SEATS Program, and to direct that said Agreement be filed with the Secretary of State and the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa 1979. It was moved by L nch and seconded by Perret that the resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of July 1981. i ATTEST: L��c CITY CLERK Received i Approved By The Legal Department 91 M AGREEMENT This agreement is made and entered into on the /(o day of , 1981, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City", Johnson County, and City Cab Company. I. SCOPE OF SERVICES City Cab Co. would provide transportation for handicapped and elderly residents of Iowa City. II. GENERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville, and University Heights. 2. The provision of transportation under this proposal will be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City will call the SEATS dispatcher to request transportation. The SEATS dispatcher will determine if the ride is eligible for the subsidized taxi service and will inform the City Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this program, an elderly person is defined as any individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limits his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons will also be eligible to obtain rides. 407f /F I 4. At present, SEATS urban area service operates approximately 57 hours a week. During its hours of operation, the following trips will be eligible for subsidized taxi service: (1) Medical (i. e. doctor, dentist, drugstore); trips that cannot be easily scheduled twenty-four hours in advance. (2) Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, employment, volunteer service, and social/senior activity trips. Off -hour service will be limited by the allocation of funds. In addition, off -hour service must be scheduled during hours of SEATS operation. III. COMPENSATION 1. Each eligible participant shall pay City Cab Co. a donation for, , each trip and the City shall subsidize the remaining cost of the trip.. No eligible participant without a donation will be denied a ride by the supplemental service provider. In this situation, the City shall subsidize the entire cost of the trip. The determination of the total trip cost shall be calculated from the mileage rate submitted by City Cab Company in their bid for the service --$1.70 for the first mile and $.55 for each additional half mile. 2. On a monthly basis the taxi company 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 the taxi company. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 1630 j 3. Funding of $4,000 shall be allocated by the City of Iowa City for this project, this amount being the City's total contribution for supplementary service in Fiscal Year 1982. None of these funds shall be allocated for advertising or public relations. Any unused funds at the end of Fiscal Year 1982 will remain in the Iowa City Transit budget. 4. None of these funds shall be allocated for advertising or public relations. IV. INDEMNIFICATION City Cab Co. agrees to defend, indemnify and save harmless the City of Iowa City, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement. V. ASSIGNMENT City Cab Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City or such assignment shall be void. VI. DISCRIMINATION City Cab Co. 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 disability. 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. 631 4 VII. AFFIRMATIVE ACTION 1. City Cab Co. agrees to implement an affirmative action program within the first month of this Agreement which shall be monitored and approved by Phyllis Williams, Civil Rights Specialist of Iowa City. 2: City Cab Co. shall maintain written qualifications which are job related for each job classification. 3. City Cab Co. shall maintain records of the number of vacancies, the race and sex of each applicant, of the persons hired and each current employee. The Civil Rights Specialist may inspect these records during normal business hours. 4. City Cab Co. will advertise when deemed necessary by the Civil Rights Specialist to obtain a pool of qualified women and minority applicants for vacancies in all job classifications. The ad will state that City Cab Co. is an "Equal Opportunity.,, Employer." 5. The transportation provider shall permit inspection of their records concerning the supplementary service by a person representing the City of -Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. VIII. DURATION This program shall be in effect from July 15, 1981, to June 30, 1982. Upon agreement of the parties, the terms of this program may be extended an additional thirty (30) days, pending negotiations for renewal. However, this agrement may be terminated upon 30 days written notification by either party. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. X. This agreement represents the entire agreement between the City of Iowa City, Johnson County and City Cab Co. for the provision of subsidized cab service. It may be amended only by written instrument signed by all parties. CITY CAB COMPANY President AT - ATTEST: CITY OF IOWA CITY, IOWA p B 1f p ayor City Clerk JOHNSON COUNTY, IOWA By: 1� ca 9'."j" Chairper on Board of Supervisors ' `=i ATTEST: County Audi or �y °d i Approv d bgal �p+rtmenl 6 r— RESOLUTION NO. 81-189 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1981 THROUGH JUNE 30, 1982. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1981, through June 30, 1982, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, 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 BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 Lynch and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret X Roberts x Vevera Passed and approved this 14th day of July 1981. MAYOR ATTEST: �& CITY CLERK 6 3fL Received & Approved By The Legal Department ��/1of81 TABLE OF CONTENTS V/gs PAGE PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I -- RECOGNITION . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II -- MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . 2 ARTICLE III -- CHECK OFF . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV -- UNION BUSINESS AGENTS . . . . . . . . . . . . . . . 3 ARTICLE V -- UNION MEETINGS . . . . . . . . . . . . . . . . . . . 4 ARTICLE VI -- BULLETIN BOARDS. . . . . . . . . . . . . . . . . 4 ARTICLE VII -- SENIORITY . . . . . . . . . . . . . . . . . . . . 4 ARTICLE VIII -- DAILY AND WEEKLY HOURS OF WORK . . . . . . . . . 5 ARTICLE IX -- OVERTIME -STANDBY . . . . . . . . . . . . . . . . . 6 ARTICLE X -- HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . B ARTICLE XI -- VACATIONS . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XII -- SICK LEAVE . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XIII -- SPECIAL LEAVES . . . . . . . . . . . . . . . . . 10 ARTICLE XIV -- LAY-OFFS . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XV -- TRAINING . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE XVI -- PERSONNEL TRANSACTIONS -RULES. . . . . . . . . . . 13 ARTICLE XVII -- SHIFT TRANSFERS . . . . . . . . . . . . . . . . . 14 ARTICLE XVIII -- INSURANCE . . . . . . . . . . . . . . . . . . . 14 ARTICLE XIX - EQUIPMENT . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XX -- WEAPONS AND SPECIAL EQUIPMENT. . . . . . . . . . . 16 ARTICLE XXI -- ADEQUATE FACILITIES . . . . . . . . . . . . . . . 16 ARTICLE XXII -- UNIFORMS . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XXIII -- DUTY OUTSIDE THE CITY . . . . . . . . . . . . . 17 ARTICLE XXIV -- SUPPLEMENTAL EMPLOYMENT . . . . . . . . . . . . . 17 ARTICLE XXV -- POSITION CLASSIFICATION . . . . . . . . . . . . . 17 V/gs ARTICLE XXVI -- GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . 18 ARTICLE XXVII -- EFFECTIVE PERIOD . . . . . . . . . . . . . . . . 21 ARTICLE XXVIII -- COMPENSATION . . . . . . . . . . . . . . . . . 21 ARTICLE XXIX -- PUBLIC EMERGENCY . . . . . . . . . . . . . . . . . 22 ARTICLE XXX -- GENERAL CONDITIONS . . . . . . . . . . . . . . . . 22 431 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the IOWA CITY PATROLMEN'S ASSOCIATION, called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. The parties specifically agree to the following Articles: 1 3� ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bar- gaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half- time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agree- ment. 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 provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. 2 ARTICLE III CHFCK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City and the Union. Section 4. The City agrees to withhold, upon receipt of proper authorization from an officer, the sum of Five Dollars ($5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the pro- visions of this Article. ARTICLE IV UNION 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 during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. 3 j� 39 ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or pre- cedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. (o t40 Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week. a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/ her supervisor. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1, subsection b. For example: (1) For an officer assigned to the 7am to 3pm shift, days off shall commence at 3:00 pm on the last regularly scheduled working day and end at 7:00 am on the next regularly scheduled working day. (2) For the 3 pm to 11 pm shift, days off commence at 11 pm on the last regularly scheduled working day and end at 3 pm on the next scheduled working day. (3) For the 11 pm to 7 am shift, days off commence at 7 am on the last regularly scheduled working day and end at 11 pm on the next scheduled working day. 5 / 4WI Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week and shall be calculated by multiplying the current monthly salary times twelve (12) and dividing that amount by two thousand eighty (2,080) hours. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (li) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the A 4 49ed;2— type of work required, the ability of the individual officer, his/her availability, and his/her desire to perform the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited foward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). C. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do SO. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (k) hour immediately following his normal work day, or b. One additional one-half (h) hour of paid compensation at the overtime rate as the officer and his supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend cal I. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed forty (40) hours in any one fiscal year and any excess in accumulation over forty (40) hours shall be paid. No overtime shall be carried over from one fiscal year to another and any overtime accumulated at the end of the fiscal year shall be paid. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obediance to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation. When such appearances arise from the performance of his/her duties, obligations, or activities as a police officer, the officer will be compensated at the overtime rate. 7 03 ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); 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 officers 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 may direct that officers 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, the officer may select a particular day subject to the approval of his supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous shift officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer 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., Officer B receives eighty-eight (88) hours of holiday credit on July 1. Officer 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 the last week's wages. If an officer works a full shift on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The shift starting 8 6 0-4/ time controls holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5-10 years 1 1/4 10-15 years 1 1/2 15-N years 1 3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each 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 granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half N of the officer's then current hourly base salary. An officer must have been employed by the City for at lest one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day or accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. In addition to sickness of an officer, sick leave may be used for: l00 (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his supervisor or a supervisor on duty on the shift immediately preceding his, as soon as reasonably possible, of any sickness or illness which will cause him to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P.P.B.), and b. The medical advisor of the I.C.P.P.B. 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 shift when the injury occurs and for a period of two (2) days thereafter if authorized by the I.C.P.P.B. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the I.C.P.P.B. after which determination the sick leave and any other leaves used for such purpose shall be restored. 10 6 �G Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his accumulated sick leave with the approval of his supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he left and will receive compensation on the same basis as if he had continued to work at his regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he 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 officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Must pay group hospitalization premiums falling due during any month the officer is not on the payroll, if coverage is desired. C. Must pay premiums for coverage under the group life insurance plan, if coverage is desired. d. Shall not receive any other job benefits during the period of absence. e. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. Shall not accrue seniority during leaves exceeding thirty (30) days. The Chief of Police may make exceptions to the above conditions (a. through f.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowances for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or 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. Officers subject to the foregoing shall, upon re -instatement 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 had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. The officer will return to work as soon as she is medically able to do so. ARTICLE XIV [AY-nFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the 1977 Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the sep- 12 ,/ T e aration date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRATNTNn Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his hourly base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/ her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any 13 G 5�9 such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documen- tation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on said shift. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary shift transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Section 2. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his 14 6 Sd annual salary. Any fraction of $1000 in annual salary shall be rounded off to the next higher thousand. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him in said vehicle to the shift commander. Section 3. All other equipment furnished by the City shall be maintained by the ,City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on all the radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. 15 6S/ ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being determined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer blue permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. 16 � S.Z b. 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 (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, these shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classification in which he/she is temporarily serving, whichever is higher, provided: a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. 17 6 S3 ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rul a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall be given written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Unless a response to a grievance is received within the time limitation hereinafter provided 18 / or (except as otherwise specifically set forth under Step 1), the grievance will be settled in favor of the party not in default of the time limitation except the time limitation referred to in this Article may be extended by agreement of the parties. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance 19 (o SS Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbi- tration shall be divided equally between the parties. Each party shall bear the cost of preparing and pre- senting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting 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 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. 20 6S6 The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Association. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. C. A conference shall be held at least once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Association and the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1981, and shall continue through June 30, 1982. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. Commencing July 1, 1981, the City shall increase the pay of officers pursuant to the following schedule: A six (6%) percent across the board raise based on the June 30, 1981 salary. 21 IV S-7 Section 2. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $200.00 10 years $275.00 15 years $375.00 20 years $475.00 Section 3. Shift Differential. Officers working the 3 to 11 shift on a regular basis will receive five (5) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. Section 4. Equalization of Benefits. If either the shift differential or longevity pay is increased in any other bargaining unit, the same increase will be granted to the Iowa City Police Patrolmans' Association. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, religion, sex, age or ethnic background. Section 4. Waiver. This Agreement supercedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. 22 6.5710 RESOLUTION NO. 81-189 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1981 THROUGH JUNE 30, 1982. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1981, through June 30, 1982, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, 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 BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 Lynch and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of July 1981. MAYOR ATTEST: djL- CITY CLERK Received E Approved 13yTheLegal Department Yp 7/10181 Section 6. as much advance conditions. CITY OF IOWA CITY Anticipated Changes. The City shall give the Union notice as possible of any major change of working ATTEST: Date: 23 IOWA CITY ICE PATROLMEN'S ASSOCIA ON BY: . L-.-Z,2o— pRe5"d'e,>f - s C. n P. R. BY: Date: D 7- ; 8/ (D 57k RESOLUTION NO. 81-190 RESOLUTION ESTABLISHING A CLASSIFICATION COMPENSATION PLAN FOR ADMINISTRATIVE EMPLOYEES. WHEREAS, the City of Iowa City employs certain employees referred to as Administrative 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 IOWA CITY, that Administrative Employees shall receive compensation as established by the Administrative Classification/Compensation Plan. It was moved by Lynch and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser _ Abstain Perret x Roberts x Vevera Passed and approved this 14th day of July 1981. -- JMAYOR ATTEST: CITY CLERK 65f City of Iowa City MEMORANDUM Date: July 8, 1981 To: City Council From: Anne Carroll, Director of Human Relations Re: Administrative Job Classifications/Compensation Study As approved by the City Council in April, following the recommendations of the Management Advisory Panel, a comprehensive review of the Admini- strative job classification/compensation structure was conducted with the assistance of the consulting firm Hayes/Hill, Inc. A job classification plan is established to reflect the internal compara- bility of diverse positions within a workforce - i.e., Sr. Building Inspector and City Treasurer or Transit Manager and Recreation Superintendent, and establishes the relative "worth" of positions to the organization to ensure that, to the greatest extent possible, positions of comparable worth are also equivalent in compensation. The methodology used to evaluate each position was designed by Hayes/Hill, who instructed the City Benchmark Committee, in its use. This Committee was composed of the Directors of Finance, Planning and Program Development, Parks and Recreation, Human Relations, the Police Chief and the City Engineer, who performed the actual evaluations by which positions were assigned to the appropriate classification. Prior to their review, all administrative employees completed a question- naire describing their duties, level of interaction with others, fiscal and supervisory responsibilities, decision-making requirements, working conditions, entry level education and experience requirements, etc. - in total a measure of each job in 37 discrete areas, with points awarded in each area, establishing the classification level. Following the placement of positions into classifications, salary survey information was compiled and averaged for all positions in the classification, establishing the salary range. In April, the City Council appropriated, two percent of Administrative salaries to be used to make the individual compensation adjustments .indicated as necessary due to reclassification. These funds were used to bring some individual employees to the minimum of a new salary range, to raise the salary structure as a whole for those supervisory positions that were impacted by accelerating bargaining unit salaries, and to properly place employees within the salary range. The proposed classification plan was reviewed by the City Manager and Department Heads and presented to all Administrative employees. Employees were also given the opportunity to request an additional review of their proposed classification by the Benchmark Committee if they were not satisfied, 'and this resulted in several revisions to the plan. All employees were also informed, as completely as possible, of the methodology used in the study. 447 The attached classification/pay plan differs from the previous plan in that it contains three classifications of department head level positions, which represents discrete levels of department size, responsibility and City-wide impact. Also, across the entire classification plan individual positions have been reclassified following evaluations - moving both up and down. Blank grades have been included to facilitate growth or change in the system. As in previous pay plans, salary ranges for police and fire positions have been assigned to a salary range separate from the classification to which they belong due to pension payment considerations, and as recommended by our pension system auditors. The new system utilizes point scores awarded in each of 37 areas of a job. Currently, these point scores range from 1,150 for the most highly rated position to 460 for the lowest, and has been grouped into a spread, i.e., 463-508. for Grade B. Changes in job responsibilities, such as an increase in the number of employees supervised, or assignment of an additional functional unit, for example, will impact on the points awarded to a position and will indicate the need for reclassification, which will then be forwarded for City Council action. Future use of this system of determining reclassification needs is expected to facilitate more clear- cut, objective, and defensible decision-making with regard to classification recommendations. bdw3/9-10 G (V 0 v ADMINISTRATIVE PAY PLAN JULY 1, 1981 GRADE MINIMUM MIDPOINT MAXIMUM A Hr. 7.27 8.69 10.11 Biwk. 581.60 695.20 808.80 Annual 15121.60 18075.20 21028.80 B Civil Rights Specialist Hr. 7.82 9.39 10.95 Word Processing Supv. Biwk. 625.60 751.20 876.00 Asst. Transit Mgr. Annual 16265.60 19531.20 22776.00 Asst. Supt. - Streets Asst. Supt. - Solid Waste Energy Coordinator Information Spec. Library Coord. - Circulation C Asst. Supt. - Water Hr. 8.41 10.14 11.86 Animal Control Supv. Biwk. 672.80 811.20 948.80 Annual 17492.80 21091.20 24668.80 D Sr. Bldg. Inspector Hr. 9.05 10.95 12.85 Purchasing Agent Biwk. 724.00 876.00 1028.00 CDBG Coordinator Annual 18824.00 22776.00 26728.00 Development Prog. Coord. Sr. Planner Transportation Planner Asst. City Engineer Asst. Supt. - Pollution Control Housing Coordinator Airport Manager Equipment Supt. Parking Systems Supt. Treasurer Library Coordinator - Community Services Library Coordinator - Information Services Library Coordinator - Technical Services Library Coordinator - Youth Services E1 F F1 F2 F3 G Police Sergeant Hr. 928.00 Biwk. 24128.00 Annual Pollution Control Supt. Hr. 2 Biwk. Streets/Sanitation Supt. Annual Water Supt. Transit Manager s GRADE MINIMUM MIDPOINT MAXIMUM D1 Fire Marshal Hr. 9.05 10.70 12.35 Biwk. 724.00 856.00 988.00 Annual 18824.00 22256.00 25688.00 E Cemetery/Forestry Supt. Hr. 9.73 11.82 13.91 Parks Supt. Biwk. 778.40 945.60 1112.80 Traffic Engineer Annual 20238.40 24585.60 28932.80 Asst. City Attorney Asst. City Manager Controller Asst. Library Director E1 F F1 F2 F3 G Police Sergeant Hr. 928.00 Biwk. 24128.00 Annual Pollution Control Supt. Hr. Recreation Supt. Biwk. Streets/Sanitation Supt. Annual Water Supt. Transit Manager Police Captain Hr. Biwk. Annual Deputy Police Chief Battalion Chief (56 hr. work week Hr. Biwk. Annual 9.73 778.40 20238.40 10.52 841.60 21881.60 10.52 841.60 21881.60 10.52 841.60 21881.60 10.73 858.40 22318.40 12.89 1031.20 26811.40 11.73 938.40 24398.40 15.25 1220.00 31720.00 11.60 12.68 928.00 1014.40 24128.00 26374.40 12.09 13.66 967.20 1092.88 25147.20 28412.80 Hr. 7.51 8.33 9.14 Biwk. 841.12 932.96 1023.68 Annual 21869.12 24256.96 26615.68 Hr. 11.37 14.05 9.14 Biwk. 909.60 1124.00 1337.60 Annual 23649.60 29224.00 34777.60 GRADE H H1 T J 11 3 MINIMUM H.I.S. Director Hr. 12.30 Human Relations Director Biwk 984.00 Library Director Annual 25584.00 Fire Chief Hr. 12.30 Program Specialist Hr. Biwk. 984.00 11.02 Annual 25584.00 PPD Director Hr. 13.30 Parks & Rec. Director Biwk. 1064.00 Annual 27664.00 Finance Director Public Works Director Police Chief Hr. Biwk. Annual Hr. Biwk. Annual 14.38 1150.40 29910.40 14.38 1150.40 29910.40 MIDPOINT MAXIMUM 15.31 18.32 1224.80 1465.60 31844.80 38105.60 To be determined 16.69 13335.20 34715.20 17.23 1378.40 35838.40 20.08 1606.40 41766.40 20.08 1606.40 41766.40 To be determined UNCLASSIFIED Sr. Center Co -Ordinator Hr. 9.52 11.28 13.03 Biwk. 761.60 902.40 1042.56 Annual 19801.60 23462.40 27,106.56 Program Specialist Hr. 7.72 9.41 11.02 Biwk. 617.28 752.80 881.92 Annual 16049.28 19572.80 22929.92 UNCLASSIFIED - City Clerk - City Manager - City Attorney GRADE UNIT DESIGNATION POSITION TITLE 10 A Admin A Admin A Admin Hr Library Circ. Sup. Biwk Animal Control Sup. Mo Word Processing Sup. Ann ADMI�!ISTRATIVE PAY PLAN JULY 1, 1980 6.613 7.898 MINIMUM MID -POINT MAXIMUM 6.011 7.184 8.356 480.88 574.72 668.48 1,041.91 1,245.23 1,448.37 12,502.88 14,942.72 17,380.48 Hr 6.613 7.898 9.191 1 A Admin Library Tech. Ser. Sup. Biwk 529.04 631.84 735.28 A Admin Affirm. Act. Com. Spec. Mo 1,146.25 1,368.99 1,593.11 A Admin Assist. Superintendent. Ann 13,755.04 16,427.34 19;117.28 A Admin Energy Coordinator A Admin Assist. Transit Manager Hr 7.211 8.758 10.303 A Admin Program Specialist Biwk 576.88 700.64 824.24 Mo 1,249.91 1,518.05 1,785.85 Ann 14,998.88 18,216.64 21,430.24 14 A Admin Airport Manager Hr 8.415 9.919 11.421 A Admin Sr. Housing Inspec. Biwk 673.20 793.52 913.68 A Admin Sr. Building Inspec. Mo 1,458.60 1,719.29 1,979.64 A Admin Purchasing Agent Ann 17,503.20 20,631.52 23,755.68 A Admin Senior Planner A Admin Personnel Analyst A Admin Assistant City Atty. I A Admin Assistant City Engr. A Admin Parkirn System Sup. GRADE' UNIT 14 A 15 DCCIGNATION POSITION TITLE MINIMUM MID -POINT MAX Admin Police Sergeant Hr 8.451 9.367 10.288 Biwk 676.08 749.36 823.04 Mo 1,464.84 1,623.61 1,783.25 Ann 17,578.08 19,483.36 21,399.04 Hr 8.897 10.538 12.179 Admin Sr. Ctr. Coord. • Biwk 711.76 843.04 974.32 Admin CDBG Coordinator Mo 1,542.15 1,826.59 2,111.03 Admin Redevelop. Coord. Ann 18,505.76 21,919.04 25,332.32 Admin Housing Coordinator Admin Librarian Child's Ser. Admin Librarian Adult Ser. Admin Transit Manager Admin Traffic Engineer Admin Controller Admin Treasurer Admin Assistant City Atty. II Admin Budget Administrator Admin Cemetery/For. Sup. Admin Street/Sanitation Sup. Admin Park Superintendent Admin Recreation Sup. Admin Equipment Sup. Admin Pollution Control Sup. Admin Water Superintendent GRADE UNIT OESIGNATION POSITION TITLE MINIMUM MID -POINT MAX I M1IM A Admin eolice Captain Hr 9.802 10.566 11.330 Biwk 736.16 Biwk 784.16 845.28 906.40 1,595.01 2,043.25 Mo 1,699.01 1,831.44 1,963.87 24,519.04 29,910.40 Ann 20,388.16 21,977.28 23,566.40 Hr 6.651 7.287 7.926 A Admin *Battalion Chief Biwk 744.91 816.14 887.71 A Admin Training Officer Mo 1,613.97 1,768.30 1,923.37 A Admin Fire Marshall Ann 19,367.66 21,219.64 23,080.46 *56 hr. work week Hr Hr 9.202 11.788 14.380 16 A Admin Assist. City Mgr. Biwk 736.16 943.04 1,150.40 A Admin City Engineer Mo 1,595.01 2,043.25 2,492.53 A Admin Assist. City Atty. III Ann 19,140.16 24,519.04 29,910.40 Hr 10.288 11.349 12.409 A Admin Deputy Police Chief Biwk 823.04 007.92 992.72 Mo 1,783.25 1,067.16 2,150.89 Ann 21,399.04 23,605.92 25,810.72 GRRUIUNIT DESIGNATInN POSITION TITLE 14.739 MINIMUM MID -POINT MAXIMUM 1,179.12 Mo 1,895.23 2,224.21 2.554.76 Ann 22,742.72 26,690.56 3 17 A Admin Public Works Director Hr 10.820 14.096 17.378 A Admin P & PD Dev. Director Biwk 865.60 1,127.68 1,390.24 A Admin Finance Director Mo 1,875.47 2,443.31 3,012.19 A Admin Housing & Inspec. Dir. Ann 22,505.60 29,319.68 36,146.24 A Admin Human Relations Dir. A Admin Library Director A Admin Park & Recreation Dir. A Admin Police Chief Hr 10.933 13.874 16.815 Biwk 874.64 1,109.92 1,345.20 Mo 1,895.05 2,404.83 2,914.60 Ann 22,740.64 -28,857.92 34,975.20 A Admin Fire Chief Unclassified City Clerk City Manager City Attorney Hr 10.934 12.832 14.739 Biwk 874.72 1,026.56 1,179.12 Mo 1,895.23 2,224.21 2.554.76 Ann 22,742.72 26,690.56 30,657.12 RESOLUTION NO. 81-191 RESOLUTION ESTABLISHING A CLASSIFICATION COMPENSATION PLAN FOR CONFIDENTIAL EMPLOYEES. WHEREAS, the City of Iowa City employs certain employees referred to as Confidential 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 IOWA CITY, that Confidential Employees shall receive compensation as established by the Confidential Classification/Compensation Plan. It was moved by Perret and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of July , 1981. ATTEST: �'Z. C TY CLERK 14 GG4F CONFIDENTIAL EMPLOYEES PAY PLAN JULY 1, 1981 POSITION TITLE A B C D E F 43-01 Word Processing 5.48 5.85 6.21 6.35 6.48 6.62 6.76 6.89 7.02 7.16 7.30 Operator 438.40 468.00 496.80 508.00 518.40 529.60 540.80 551.20 561.60 572.80 584.00 43-02 Administrative 11398.40 12168.00 12916.80 13208.00 13478.40 13769.60 14060.80 14331.20 14601.60 14892.80 15184.00 Clerk/Typist 4. .._ Administrative 6.05 6.45 6.85 7.01 7.16 7.32 7.48 7.63 7.78 7.95 8.11 Account Clerk 484.00 516.00 548.00 560.80 572.80 585.60 598.40 610.40 622.40 636.00 648.80 44-02 Secretary II 12584.00 13416.00 14248.00 14580.80 14892.80 15225.60 15558.20 15870.40 16182.40 16536.00 16868.80 45-01 Administrative 6.26 6.68 7.09 7.25 7.41 7.58 7.74 7.91 8.07 8.23 8.39 Secretary 500.80 534.40 567.20 580.00 592.80 619.20 619.20 632.80 645.60 658.40 671.20 45-02 Sr. Bus Driver 13020.80 13894.40 14747.20 15080.00 15412.80 15766.40 16099.20 16452.80 16785.60 17118.40 17451.20 45-03 Deputy City Clerk 45-04 Personnel Assistant 46-01 Personnel 6.83 7.21 7.59 7.77 7.95 8.13 8.31 8.49 8.67 8.87 9.06 Generalist 546.40 576.80 607.20 621.60 636.00 650.40 664.40 679.20 693.60 709.60 724.80 2 Accountant 14206.40 14996.80 15787.20 16161.60 16536.00 16910.40 17284.80 17659.20 18033.60 18449.60 18844.80 211 RESOLUTION NO. 81-192 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Donutland #41, 817 S. Riverside Dr. Yen Ching Restaurant, 1515 Mall Drive Moore BusinessForms South Riverside Drive Dickey's Sav-A-Lot, f213 S. Gilbert St. The Crow's Nest, 328 E. Washington St. East-West Oriental Foods, 615 Iowa Ave. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 28th day of July 19 81 Attest: - City Clerk �J AYES: NAYS: ABSENT: Balmer X Lynch X Erdahl- X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 28th day of July 19 81 Attest: - City Clerk �J RESOLUTION No. 81-193 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF Lower Ralston Creek Improvements - Phase I DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 11th3ay of August , 19 81 , 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 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 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 Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: Balmer Erdahl Lynch x Neuhauser Perret Roberts Vevera Passed and approved this 28th ATTEST: day of Ju 19 81 RESOLUTION NO. 81-194 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF _ THE GILBERT STREET RAILROAD CROSSING IMPROVEMENTS 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. 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 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 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 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 10:00 a.m. on the 19th day of August , 1981. 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 August , 1981 Ramhnd a A nx vod BY Ilia Legal DepadTnent FI ge 2 Resolution No. 81-194 It was moved by Roberts and seconded by Erdahl that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 28th day of ATTEST: %%%p rJ 91 9ftiy✓, /� CITY CLERK " F s July , 19 81. ATTACHMENT 1 RESOLUTION NO. 81-195 Resolution authorizing filing of application with the Environmental Protection Agency, United States of America, for a Grant under the Water Pollution Control Act, (33 U.S.C. 1251 et seq.). WHEREAS, under the terms of the Water Pollution Control Act (33 U.S.C. 1251 et seq.), the United States of America has authorized the making of grants to authorized applicants to aid in the construction of specific public projects, and WHEREAS, the City Council of the City of Iowa City has the legal authority to apply for the grant and to finance, construct and operate the proposed facility, and WHEREAS, the City Council of the City of Iowa City desires that the City Manager, Neal G. Berlin, be authorized to make application for a grant under the Water Pollution Control Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized to execute this Resolution, and 2. That Neal G. Berlin, City Manager, is hereby authorized to execute and file an application on behalf of the City of Iowa City, Iowa, with the United States Government for a grant in aid for construction of the University Heights System - Step 3 Grant and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency may reasonably request in connection with such application and to sign all necessary documents and receive payment. It is moved by Roberts and seconded by Lynch that the Resolution be adopted an upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of July 1981. Mayor ATTEST: / Received a Approved {y al oe w,��_ 2 --) Ft i'71/ PART I CONSTRUCTION GRANTS OR COOPERATIVE AGRE.°!.LENTS C4B r.WmY Ya 10.!0140 .. NUMAH 3, STATE •. HUMAIR FEDERAL ASSISTANCE 2. APR1- C190830 05 APPU. CANT'S CATION 1. TYPE ❑ PREAPPLICATIGN 6. DATE �`h 6. DAT! ASLGHED Yrar mmrA day APPU- CATION IDENTI. FIER OF d APPLICATION 11 81 1� 19 ACTION �a,r (.AI. A v 0 NOTIFICATION OF INTENT (Opt.( �1nO1f ❑ REPORT OF FEDERAL ACTION Blank A. LEGAL APPLICANT/RECIPIENT 5. FEDEML EMPLOYER IDENTIFICATION NO. of Iowa City �A,, ,,,,_, ,City DNF City 6, 0,"-•.i-• , Civic Center, 410 E. Washington Stre f O- 16I� 141116 A I.•rin,D. Au ,Iowa City Johnson GwA .. HUMSIR - 6TITLE r c is d.G ,.c,,,„, , -Iowa A_Ep 52240 (Fro- for wastewater treatment Neal G. Berlin 319-356-5010 Fdial 6.G.�1P .•rAamr works a d«IrpAwr Nal 7. TITLE AND DESCRIPTION OF APPUUNT'S PROJECT B. TYPE Of APPUCANT/AECINENT University Heights System A- Fr• K- (��•�ry Aa•� A...rr I -- wr.�-.--- V Construction (step 3 Grant) C- 0.p ��• IE Enre. aPPropnaN Irtv. I 9. TYPE OF ASSISTANCE 1 A- bur Gro,. D- M.wenr• A_ 1..oal-,,o, G.•nl f- OM« Enrrr opp.o- A C_ loon vriare lawfd 10. AREA OF PROJECT IMPACT Womn of nlv. rwnfvA 11. ESTIMATED NUM- 12. TYPE OF APPLICATION JTog Ci t�C Un�verj'1`t "4iei ghts , o nson oun Ow BER OF PERSONS S16EFl j1 t? 11 U�UJ A- N- C- R-- E- Ap.4nM F M-1 D- Cw�n..ona E^rrr °pp apwrr rrrrcr 13. PROPOSED FUNDING IA. CONGRESSIONAL DISTRICTS Of. 13. TYPE Of CHANGE IFa• 11 r or 12 J A- I -o- Dr F- OH /Spew/yl: •. IEDERAI 1 501,170 .00 • AmxANT 6. First 7illr7 First 11- Mow- Dd C- I.w••-D.nvum 6. AMIKMR 133,645 .� r. STATE 33,410 .o0 16. D OEECT IT;, 17. PROJECT D- Dry«.- DwvM1w E- CO�`�r^ d DURATION Enter app.o. d. IOCAL 00 IP 1 12 Ai -A, pnarr /rurr(q .. OTHER ,00 13. ESTIMATED DATE TO Yeo, m°nrh day 19. EXISTING FEDERAL IDENTIFICATION NUMBER AE SUBMITTED To gl 7 15 C190830 1. TOT.LL 3 m . FEDERAL AGENCY iP, 12 20. FEDERAL AGENCY TO RECEIVE REQUEST (Nam, Cir,. Score. ZIP rode) 21. REMARKS ADDED PA. Reaion VIT.Kansas Cit%L,is ouri 64106 1 0 *� INN. 22. •. Tr R 1-1 •F .1 k..e..1Mp• •M 6 . 6. IT r.oM..J 61 OMA O,o , A-93 x.:. aod'^a*.n .•..•E+.:nrd, 1..+am F No n. R,rp THE drr• 6 rt:. Yr•99lim.s.Iw•A�nr^ -.. -.� rpo..rr arrarhed a`. APPUCANT •.r Fw •nJ rv.•r1, rl.r d.rv.rnl 677 1- JJ, 6, M.. F.rl.rd. LC V I t I LeV Y I allll I I11IIU Programming ❑ ❑ CERTIFIES Rvr"""a 6..E 111 East Central Iowa Association of ❑ ❑ THAT -9 -,!, .iH. IM •M1.d.r1 ....n.w. 171 Commissions ❑ ❑ II�.•.�..-U.P,... ul Re ional Planning 21. CERTIFYING •. "D NAME AND TITLE 6. UAE DATE SIGNED Yrar naIh do, U Rf PAT., p t„ .� n e 1 G. U ll V SINTA u horizeed Re resentative TF 81 7 29 2A. AGENCY NAME 25. APPLICA- rear morth day TION RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 20. FEDERAL APPLICATION Z ¢� IDENTIFICATION 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEN 32. FUNDING Yw, month day 34. Year moats day -STARTI•. FEDEW S m .w ❑..AWARDED 33. ACTION DATE 1- 11 DATE 19 DATE 6 APn1CAErt ,W 35. CONTACT FOR ADDITIONAL INFORMA- 0 6. REJECTED 36. Y.ar .,A day TION (Nam, and u/rpA°nr nvm Gr/ ENDING c STATE .00 ❑ c RETURNED FOR DATE 19 AMENDM[NT d. to- ,aD 37. REMARKS ADDED ❑ i. DEFERRED ❑ Yw 0w •. OTHEa .M 1:1 .. WITHDRAWN _ 1. TOTAI 1 .00 31. •. 4 .i:., •6•.a •r,l•n, •..Y r•r•..M1 .•wrw fr- d«.�.,6w-4 ti 6. Ft DUAL AGENCY A-93 OFFICIAL r nod N .,r..ry n.w.- '^ A- r•M p.reinA •1 M 1, OMA !M1'amr and uk Aon. nal FEDERAL AGENCY : 6wry A-95 ACTION .7-.107 STAT ARD FD U. PADA Marr 4.771 InrnM fl 0.Y1 C-.,1401 EPA Eorm i)CS_}: y7•.. 79_:'v1 _- - 19 G 7S PART II PROJECT APPROVAL INFORMATION Forni Approved SECTION A o,rue No. ISs-HO 134 Item 1. Iowa Department of Does this assistance request require State, local, Name of Governing gggqdy Environmental Quality regional, or other priority rating? XPriority Rating Yes No Item 2. Iowa Department of Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Environmental Quality X Yes—No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X YesNo (Attach Comments) East Central Iowa Association of Regional Planning Commisions Item a. State Office of Planning Does this assistance request require State, local, Name of Approving Agency and Programming regional or other planning approval? Date --L—Yes —No Item 5. Is the proposed project covered by an approved Check one: State ❑ comprehensive plan? Local [XX X Regional ❑ YesNo Location of plan- Item lan Item 6. Will the assistance requested serve a Federal installation? Yes X No Item 7. Will the assistance requested be on Federal land or installation? Name of Federal Installation Federal Population benefiting from Project Name of Federal Installati Location of Federal Land Percent of Project Yes X No Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Has the project for which assistance is requested caused, since January 1, 1971, or will it cause, the displacement of any individual, family, business, or farm? Yes X No Number of: Individuals Businesses Item 10. Is there.other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Step 1 Grant- Facility plan --i-Yes-No Step 2 Grant- Plans and specifications Item 11. Is project in a designated flood hazard area? Yes X No EPA Fwm 5700-33 (R.7.. 10_79) PAGE 6 OF 19 6 74 Form Approved OhfB No. 158-RO134 PART H —SECTION B 11. SITES AND IMPROVEMENTS: Not required, Attached as exhibits Applicant intends to acquire the site through: i f required Eminent domain, X Negotiated purchase, Other means (specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: X Applicant, Agency or institution operating the facility, Other (specify 13. INDICATE WHETHER APPLICANT/OPERATOR HAS: N/A Fee simple title, Leasehold interest, Other (specify) 14. IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION: a. Length of lease or other estate interest , and number of years to ru b. Is lease renewable? Yes No c. Current appraised value of land S N/A d. Annual rental rate $ 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL & VALID 16. WHERE APPLICABLE. ATTACH SITE SURVEY,SOIL INVESTIGATION REPORTS AND COPIES OF LANDAPPRAISALS. 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. 18. ATTACH PLOT PLAN. 19. CONSTRUCTION SCHEDULE ESTIMATES:—Not required,— Being prepared,—Attached as exhibits Percentage of completion of drawings and specifications at application date: Schematics 100 % Preliminary 100 % Final 100 % 20. TARGET DATES FOR: 9/1/81 10/15/31 Bid Advertisement Contract Award 6/15/82 7/15/82 Construction Completion Occupancy 21. DESCRIPTION OF FACILITY: Not Required X Attached as exhibits Drawings — Attach any drawings which will assist in describing the project. See p1 alis and Specifications — Attach copies of completed outline specifications. specifications Of drawings and specifications have nor been fully completed, please attach copies or working drawings that have been completed.) NOTE: ITEMS ON THIS SHEET ARE SELF EXPLANATORY; THEREFORE. NO INSTRUCTIONS ARE PROVIDED. PAGE 8 OF 19 E PA Form 5700_02 (R., 10-79)) 6 77 Form Approved OMB No. 138.R 0134 PART III — BUDGET INFORMATION — CONSTRUCTION cliCTION A — GENERAL 1. Federal Domestic Assistance Catalog No ..................... 66.418 2. Functional or Other Breakout ............................ SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions/augmentation Total Amount Required Latest Approved Amount Adjustment +or (—) 1. Administration expense s s s 3,500 2. Preliminary expense 3. Land structures, right-of-vaay snot 4. Architectura engineering basic fees COnstruc l0 5. Other architectural engineering fees 6. Project inspection tees 60,450 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 633,785 12. Equipment 13. Miscellaneous 14, Total (Lines 1 through 13) 723,605 15. Estimated Income (itapplicable) 16. Net Project Amount (Line 14 minus 151 17. Less: Ineligible Exclusions 87,069 18. Add: Contingencies 5% 31,689 19. Total Project Amt. (Excluding Rehabilitation Grants) 668,225 20. Federal Share requested of Line 19 75% 1 501,170 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Linu 20 & 211 501,170 23. Grantee share 20% 133,645 24. other shares state 5% 33,410 25. Total project (Liner 22, 23 & 24) s s s 668,225 *see Attachment 2 EPA Farm 5700_32 (Rev. 10_79) PAGE 9 OF 19 WA G 7F Form Approved OMB No. 158.R0134 EPA Fomr5700=32 (Ray. 10-79) PART IV PROGRAM NARRATIVE (Aftach—See lnatrisctsona) PAGE 11 OF 19 6// SECTION C — EXCLUSIONS Classification Ineligible for Participation 111 Excluded lion, Contingency Provision (2) a. $ $ b. C. o. e. f. 9. Totals $ $ SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Secunties b. Mortgages c. Appropriations (By Applicant) d. Bonds 133,645 e. Tax Levies f. Non Cash 9. Other (Explaml h. TOTAL — Grantee share 133,645 28. Other Shares a. State 5% 33,410 b. Other c. Total Other Shares 29. TOTAL $ 167,055 SECTION E — REMARKS EPA Fomr5700=32 (Ray. 10-79) PART IV PROGRAM NARRATIVE (Aftach—See lnatrisctsona) PAGE 11 OF 19 6// I PART IV - NARRATIVE STATEMENT Section D Form Approved 031`8 No. 158-RO134 SUMMARY OF COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY /Applicant) APPLICANT'S APPLICATION NO. SCHEDULED BY PROJECT AND CATEGORY 190830 5 C- -0_ /Read instructions on reverse before cornp(eligl; form/ Iowa Cit Iowa •a. b. C. it e. PROJECT PROJECT PROJECT PROJECT TOTAL ALL I' SEQUENCE SEQUENCE SEQUENCE' SEQUENCE PROJECTS 2. PROJECT STEP STEP 3 STEP 3 STEP 3 STEP 3 ESTIMATED CALENDAR QUARTER/ 3. R YEAAPPLI AT ON WILLE SUBMIT- 3/82 4/82 4/82 3/82 TED ' $ $ $ $ $ a. CATEGORYI r7 Secondary lreatm cot and BPI 30,800000 30,800,000 b. CATEGORY II more Stringent Treatment c. CATEGORY IIIA Infiltration/Innow Correction d. CATEGORY IIIB 3 Sewer Syawai tr aeemen: 4 0,000 410,000 Rehab•4 talion e. CATEGORY IVA New Collectors and Appurtenances 4. f. CATEGORY IVBrr22 r 1 New jntemeptors and Appurtenunees 11,270 000 5 8004000 17,070.000 g. CATEGORY V Correction of Combined Sewer (Nerllows h. CATEGORY VI Treatment and/or Control of Stormwaters TOTAL COST a. PREVIOUSLY FUNDED S S $ S S OF STEP 2 S. AND STEP 0 b. PLANNED s i"] PROJECTS $ 30.800,000 S 11.270 000 5410,000 S 5,800,000 `, :ry�S1 - - — TOTAL A COST OF ALL t b' UUNFUNDEDPROJECTS a' TO BE INCLUDED IN THE ENTIRE 48,280,00 GRANT STEP I PROJECT COST `�" va s. - •• 7. PROJECT NO. C 190830 -0 439,00 COST ESTIMATES OF PLANNED PROJECTS WERE COMPUTED AS OF Jul V 1981 AND REFLECT THE LATEST 6 3562.32 CONSTRUCTION COST INDEX OF AS REPORTED BY THE ENGINEERING NEWS RECORD. 9a. ESTIMATES PREPAREDIVERIFIED BY 9b. REVIEW AND APPROVAL BY STATE AGENCY NAME (Please prior) DATE NAME (Pleare print) DATE J. W. Kimm July 15, 1981 ORGANI ATI ON ORGAN ILAT ION Veenstra & Kimm nc. N ACODE I NUMBEOpR SIGNATURE ELEP NUMB 225–()000 S NA 9c. REVIEW AND APPROVAL BY EPA REGIONAL OFFICE NAME (Pleareprmt) DATE s SIGNATURE • The Step I project, If any, will be reported on line 7. •' If no Step 1 project was funded by EPA, insert N/A. EPA F— $700-37 (Re. 10-79) (1) Water.PoLlution Control Plant (3) Sewer Rehabilitation (2) Southeast Interceptor (4) Main Outfall Sewer PAGE I6 -0F 19 W Form Approved OMB No. 158-ROT34 PART V ASSURANCES The applicant hereby agrees and certifies that he will comply with the regulations, policies. guidelines and requirements. Including office of Management and Budget Circulars No. A-95 and A-102, and Federal Management Circular 744 as they relate to the application, acceptance and use of Federal funds for this federally -assisted project.'Also,' the applicant agrees and canities wi lh respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assur- ances contained therein, and directing and authorizing the per- son identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11988, relating to evaluation of potential effects of any actions in a floodplain, Executive Order 12088, relating to the prevention, control and abatement of water pollution, and Executive Order 11990. relatmg to minimizing harm to wetlands. 3. It will have sufficient funds available to meet the non -Feder- al share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure ef- fective operation and maintenance of the facility for the purpos- es constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications: that it will submit to the appropriate Federal agency for prior approval changes that oiler the costs of the project, use of space, or functional layout; that it will not en- ter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 5. It will provide and maintain competent and adequate archi- tectural engineering supervision and inspection at the construc- tion site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other Information as the Federal grantor agen- cy may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal. Slate and local agencies for the mainte- nance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. EPA Form 5700-32 (Rev. 10-791 B. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to. and Usable by, the Physically Handi- capped," Number At 17.1-196:. as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the proj- ect will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 8&352) and in accordance with Title VI of that Act, no per- son in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately lake any measures necessary to effectuate this agreement. If any real pruperty or structure thereon fs provided or improved with the aid of Feder- al financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real properly or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from us, Ing their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisi- tions Act of 1970 (P.L. 91-646) which provides for fair and equi- table treatment of persons displaced or whose property is ac- quired as a result of Federal and federally assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of jaw, pro- gram requirements, and other administrative requirements ap- proved in accordance with OMB Circular No. A-102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. PAGE 10 OF 19 /Al 16. II will comply with the minimum wage and maximum hours provision of the Federal Fair Labor Standards Act, as they apply to employees of institutions of higher education. hospitals, other non-profit organizations. and to employees of State and local governments who are net employed in integral operations in areas of traditional governmental functions. 17 It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal gra6tor agency of the receipt of any communication from the Director of the EPA Office of Enevonmental Review indicating that a facility to be niliz,d in the project is under conside, abon for listing by the EPA. 18. It will comply with the flood insurance purchase require- ments of Section 102(x) of the Flood Disaster Protection Act of 1973. Public Law 93-234. 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975. the purchase of flood insurance in communities where such insur- ance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area hav- ing special flood hazards. The phrase "Federal financial assist- ance" includes any form of loan, grant, guaranty, insurance City of owa City Authorized Representative 29th July , 1981 Form Approved OMB No 156-RO134 payment, rebase, subsidy, disaster assistance loan or grant, or any other form of direct or mduecl Federal assistance. 19. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16. U.S.C. 470). Executive Order 11593, and the Archeological and Historic Preservation Act of 1974 (I6 US.C. 469a -I at seq.) by (a) consulting with the Stale Historic Preservation Officer on the conduct of investigations, as neces- sary, to identity properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to ad- verse effects (see 36 CFR Parr 800.8) by the activity, and notify- ing the Federal grantor agency of the existence of any such properties. and by (b) complying with all requirements estab- lished by the Federal grantor agency to avoid or mitigate ad- verse effects upon such properties. 20. It will comply with all applicable requirements of Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) it the grant is available under any grant au- thority of that Act, which provides that no person in the United Slates shall, on the ground of sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to dis- crimination under any program or activity under the said Federal Water Pollution Control Act Amendments for which the applicant received financial assistance and will take all necessary mea- sures to effectuate this agreement. .Y% WHPnwenlnlinluGGrrg'[ lw] of-tlaj/140 EPA Form 5700_32 (^.e•. 10_79, PAGE 19 Oe 19 4 IfZ Resolution No. 81-195 Page 2 CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Iowa City, Iowa, does hereby certify; That the attached resolution is a true and correct copy of the resolution authorizing the filing of application with the Environmental Protection Agency, as regularly adopted at a legally convened meeting of the City Council, duly held on the 28th day of July 1981; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of July 1981. BY afc C Clerk ATTACHMENT 2 Ineligible Items Proposal Quantity Unit Extended Item Ineligible Price Price 1.5 848 SY $ 5.00 $ 4,240.00 1.6 573 SY 4.00 2,292.00 1.8 52 Sq. 20.00 1,040.00 1.9.4 247 LF 25.00 6,175.00 1.10.1 36 LF 25.00 900.00 1.10.3 120 LF 100.00 12,000.00 1.11 1 Ea. 1,400.00 1,400.00 1.14.1 2 Ea. 1,650.00 3,300.00 1.14.2 2 Ea. 1,825.00 3,650.00 1.14.4 1 Ea. xxxxx 10,000.00 1.17.2 600 SY 21.00 12,600.00 1.17.3 501 SY 29.00 14,529.00 1.18 83 SY 21.00 1,743.00 1.19 320 SY 22.50 7,200.00 1.22 24 Ea. 250.00 6,000.00 Total Ineligible Construction Cost $ 87,069.00 Estimated Total Construction Cost $633,785.00 Estimated Ineligible Construction Cost $ 87,069.00 Estimated Eligible Construction Cost 546,716.00 ATTACHMENT NO. 3 STATEMENT BY APPLICANT This is to certify that the applicant, the City of Iowa City, Iowa, in making this application for a Step 3 grant under EPA Grant Program 66.418, Construction Grants for Wastewater Treatment Works, certifies that the proposed project will be constructed to comply with all pertinent requirements of the Clean Air Act as amended in August, 1977, and all applicable local environmental laws and regulations. CITY OF IOWA CITY, IOWA By Authorized Representative 29th July . 1981 61s ATTACHMENT 4 STATEMENT The name, address and telephone number of the consulting engineer is as follows: Veenstra & Kimm, Inc. Engineers & Planners 300 West Bank Building 1601 22nd Street West Des Moines, Iowa 50265 515-225-8000 CITY OF IOWA CITY, IOWA By��� Authorized Representative 29th July , 1981 6 �� ATTACHMENT 5 STATEMENT The City has, after extensive negotiations, approved a contract with Veenstra & Kimm, Inc., for the work to be done under this grant. A copy of Resolution N0.81-195 authorizing the mayor and city clerk to execute the contract and a copy of the signed contract are attached. EPA 5700-41 forms for each of the work tasks set forth in the contract are included with the unsigned contract. Veenstra & Kimm, Inc. has selected an engineering MBE to meet EPA requirements related to MBEs. Veenstra & Kimm, Inc., has not, as of this time, negotiated a contract with the MBE because the project has yet to be approved by EPA and IDEQ. Veenstra & Kimm, Inc., is reluctant to negotiate the MBE contract until the project is approved. Construction contracts for the University Heights System will be awarded by competitive bidding as required by Iowa law and the Federal Construction Grant Regulations. The construction contracts will not be awarded until IDEQ and EPA have approved the plans and specifications, a Step 3 grant for the construction has been awarded by IDEQ and EPA and permission to award the contracts has been received from IDEQ and EPA. CITY OF IOWA CITY, IOWA By Authorized Representative 29th July , 1981 487 ATTACHMENT 6 STATEMENT It is planned that monthly requests will be made for partial grant payments following the date of acceptance of the grant offer in accordance with the following schedule: Days After Date of Acceptance of Grant Offer Amount 60 $ 67,170 90 62,000 120 62,000 150 62,000 180 62,000 210 62,000 240 62,000 270 62,000 CITY OF IOWA CITY, IOWA By Autho�Representative 29th July , 1981 ATTACHMENT 7 ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 The City of Iowa City, Iowa, hereby assures that it has authority under applicable state and local law to comply with Section 210 of the Federal Act entitled "The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," approved January 2, 1971 (Public Law 91-646, 91st Cong. S.1, 84 Stat. 1894) and certifies, assures, and agrees that, notwithstanding any other provision set forth in any application, contract, or agreement with respect to the application identified as No. 190830 05: It will fully comply with the requirements of Subpart F of 40 CFR 4; It will adequately inform the public of the acquisition policies requirements, and payments which apply to the project; It will make every reasonable effort to acquire real property expeditiously through negotiation; Before the initiation of negotiations it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property; Before the initiation of negotiations it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time it will provide the owner a written statement of the basis for such amount in accordance with 40 CFR 4.602. Before requiring any owner to surrender possession of real property it will pay -the agreed purchase price; or deposit with the court, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of compensation in a condemnation proceeding for the property. It interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an ower to institute legal proceedings to provide the fact of the taking of his real property; and It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant. References to 40 CFR are citations to Title 40, Code of Federal Regulations, Part 4, published in the Federal Register Vol. 39, No. 54, March 19, 1974. -1- 44rf This document is hereby made part of and incorporated in any contracts or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provisions therein to the extent that such provisions conflict with the assurance or agreements provided herein. CITY OF IOWA CITY, IOWA Authorized Representative 29th July . 1981 -2- COMMERC[CIVIC CENTER. 410 E. WASHINGTON ST • IOWA CITY, IOWA 52240 Kdo V KA?7 319-354-1800 m IOWA OI IT Y, IDMJI) r.we.e mvmy Allan S. Abramson Water Division Environmental Protection Agency 324 East 11th Street Kansas City, Missouri 64108 Dear Mr. Abramson Reference is made to our pending grant application number C190830 05. We have reviewed the regulations pertaining to user charge and use ordinance provisions of the FWPCA as amended by the Clean Water Act of 1977 (Public Law 95-217) and hereby give notice that the City of Iowa City, Iowa, intends to comply with the regulations as published in 40 CFR 35.900-35.970, Federal Register Volume 43, No. 188, dated September 27, 1978. Our schedule for developing an acceptable sewer use ordinance will enable us to meet the required payment withholding schedules contained in the above cited regulations. CITY OF IOWA CITY, IOWA By Neal G. Berlin Authorized Representative 6 9/ ENVIRONMENTAL PROTECTION AGENCY ASSURANCE OF COMPLIANCE FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND SECTION 13 OF THE FWPCA AMENDMENTS OF 1972 NAME AND ADDRESS OF APPLICANT/HECIPIE called ASSUROR) City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 ANT IDENTIFICATIO be completed by EPA) TYPE OF GRANT DEMONSTRATION OTHER (Specify): CHECK ONE: [ANEW REQUESTED S 501,170 ❑RESEARCH ❑TRAINING ❑CONTINUATION HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements of the U.S. Environmental Protection Agency (hereinafter called "EPA') issued pursuant to that title, to the end that in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Assuror receives financial assistance from EPA and hereby gives assurance that it will now and hereafter take all necessary measures to effectuate this agreement. HEREBY AGREES THAT IT will comply with all applicable requirements of Section 13 of the Federal Nater Pollution Control Act Amendments of 1972 (P.L. 92-500) and all requirements of EPA issued pursuant to that section, to the end that in accordance with that section of that Act, no person in the United States shall, on the ground of sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity under the said Federal Nater Pollution Control Act Amendments for which the Assuror receives Financial assistance from EPA and hereby gives assurance that it will now and hereafter take all necessary measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of financial assistance extended to the Assuror by EPA, this Assurance obligates the Assuror, or, in the case of any transfer of such property, any transferee for the period during! which the real property or structure is used for a purpose involving the provisions of similar services or benefits. If any personal property is so provided, this Assurance obligates the Assuror for the period during which it retains ownership or possession of the property. In all other cases, this Assurance obligates the Assuror for the period during which the financial assistance is extended to it by EPA. THE ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other financial assistance extended after the date hereof to the Assuror by EPA including installment payments.after such date on account of arrangements for Federal financial assistance which were approved before such date. The Assuror recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that the United Slates shall reserve the right to seek judicial enforcement of this Assurance. This Assurance is binding on the Assuror, its successors, transferees, and assignees, and the person or persons whose signature ippear below are authorized to sign this Assurance on behalf of the Assuror. The obligations assumed by the Assuror hereunder are in addition to any obligations which may be imposed on the Assuror by applicable regulation now outstanding or which may hereafter be adopted by EPA to effectuate any provision or goal of the Title VI and all applicable requirements of the said Section 13, and no part of this Assurance shall be read so as to in any ietract from or modify any obligation which may be imposed on the Assuror by any such regulation standing alone. SIGNATURE 04PASStLROR BY PRES I CHAIRMAN OF BOARD OR COMPARABLE AUTHORIZED DATE OFFICIAL � Neal G. Berlin Authorized Representative July 29,.1981 EPA Farm x700—i (Re,. 6_76) PPgVIOUS EDITION 15 OOSOLET� 4 5z U, S, EN VIgONe; ENTAL PROTECTION AGENCY COMPLIANCE REPORT Cllac V'I, Cit•il Rights Act of 19 64 14 ;,ter Pollution Control Act, As And mende 1), leedernl Pnr;o iDn :\Pero cod 1\STRUCTIONS ON REVERSE f3Eh O"1M ^• 15K—ROO.i: �- APPLICANT (,\:,me and sru.ci n ORI. COSI! LETIVR pOH\L POPULATION IN�THE APPLICANT'S JURISDICTION IS SERVED ;ION 8Y TR'cATMI"NT 5'fS TEM OR WILL BIcOVPON Cp MPLp_ ION OF PROPOSED EPA GRANT PROJECT AND ON-GOING ASSOCIATED CONSTRUCTION, CHECK HERE L BE UP 0 -C I' CO',IFL ETE THE FOLLOWING Ot\•LT IF ABOVE BLOCK IS NOT CHECKED A- SUBMIT A :.IAP WHICH DELINEATES THE App LICANT•S: �- Fl I fTI G HICAL JURISDICTIO:: FOR PROVISION OF Tq EATML''r!T 7. ...-STING Tq EATME, SYiTf. COVER 4G E; C O.15TglIC TIO-; : ,, +YSTEM sERVICE; J ARLETEF TAB USTURENTDER REATMENT SYSTEMOCONSTRUCTION, O -NC' ASSOCIATED CONyTq PL <w: ED F ANY ON -R �. CO'nP LE BELOW: uC TION; r - POGU-ATIO:l C AIEGORY PRESENT 2' POPULAT 3. p POPULATION ION OpI TIONnL PRESENTLY POPULATION P6PVLATIpp; -- OF APPLICAr.T T SERVED TO BE SERVED REMAINING TO i n=MM'_'101'1" JROJECT oROSERVED <FT L -R BY THIS P:..;c FLIPECT e..0. o1_•114 0, cl.. • _ ` CENT l f,. TOTAL :•r'E THE SCHEDULE FON PUTUgE CONSTRUCTION BY WHICH TREATMENT SYSTEM SERVICE WILL BE PROVIDED TO p —� "TS7ME SCHEDULE LI CANT'S JUR E CONS—, . ICTIO ALL IN>'n•p_ I I jII 1 I -S A1107 -HER FEDERAL AGENCY BEING ASKED TO PROVIDE FINANCIAL ASSISTANCE TO ANY CONSTRUCTION AS50CIATED WIT, THIS PROJECT' [—I, )ND • IF �, ES' LIST TnE OTHER FEp ER AL AG ENCY(SI 2. DE5""I THE ASSOCIA 1 C''rN h• -hut the infurmallon I;ivcn uhavc i CERTIFICATION Pnlu.+finefe by Imw U. S. Code, Title 1B, Secr on ;,n4) orrect to the beat of my knowletl • SIGNAT E O UT MO RIZE Ge or belief. (A rvill;ufly also sruremcnr is B. TITLE OF AUTHORIZED OFFICIAL City Manager O. DATE FOR U.5. ENVIRONMENTgL PROTEC July 29, 1981 DIRECTOR, OI VI SIGN OF CIVIL RIGHTS AND ION AGENCY AP PgOVEO I_7 DIS yPP ROVED URBAN AF AIRS TE 0 J IOWA STATE HISTORICAL DEPARTMENT DIVISION OF HISTORIC PRESERVATION June 1, 1981 Mr. Marvin Thornton Veenstra and Kimm 300 West Bank Building 1601 22nd Street West Des Moines, IA 50265 ADRIAN D. ANDERSON. DIRECTOR STATE HISTORIC PRESERVATION OFFICER Re: potential impacts of Iowa City wastewater treatment system construction on historic townsite of Napoleon, Johnson County Dear Mr. Thornton: The Division has completed its review of the potential impacts of the sewer main paralleling Sand Road to the new wastewater treatment plant site on the historic townsite of Napoleon. In our opinion the proposed project will not impact upon significant cultural heritage resources. The archaeological survey done some time ago for the project area demonstrated to our satisfaction that prehistoric archaeological resources would not be affected by this portion of the project. Recent discussions with various persons, in an effort to gather information about the potential impacts on the historic archaeological resources of the area, specifically the townsite of Napoleon, result in the opinion that historic archaeological resources will not be impacted by the proposed project. The above opinion is based on the emphemeral nature of structures known to have been in the townsite and the post—abandonment land use history of the area. Apparently all that was associated with the habitation of Napoleon were a claim cabin erected by Gilbert in 1837, and "general store—trading post" structure erected at approximately that time. Both were ab3ndonel and/or moved with the establishment of the 'Territorial Capitol in Iowa City in 1839, or very close to that time. It is possible that the second structure mentioned was left in the townsite. Since the abandonment, however, the land use history has included plowing and pastureing during recent decades. The structures were log ones, apparently with wooden sills and the latter were on the surface or very close to it. Plowing activity would have obliterated any integrity of an archaeological record associated with the structures. In addition, the area has been a popular area for persons to apply their skills with metal detectors and other means of collecting metal objects. It is very likely that many of the material remains once present in association with the buildings have been collected by such means and are no longer available nor traceable. It is recommended that the proposed construction in the area of the townsite of Napoleon be authorized to proceed without additional archaeo-logi'CSI'-work-Teing performed in the area of the townsite. Sincerely, / Adrian D. Anderson, Director cc: Morris Preston, IDEA _ r State Historic Preservation Officer Jay Timinermaq,' EPA it SL 26 EAST MARKET STREET . IOWA CITY. IOWA 52240 TELEPHONE (319) 353-4186 / 353-6949 0 0 IOWA STATE HISTORICAL DEPARTMENT DIVISION OF HISTORIC PRESERVATION ADRIAN D. ANDERSON. DIRECTOR STATE HISTORIC PRESERVATION OFFICER October 16, 1980 Mr. Marvin L. Thornton Veenstra & Kimm, Inc. 300 West Bank Building 1601 22nd Street West Des Moines, Iowa 50265 Re: SE Interceptor System and University Heights System, Sewer System Rehabilitation, Plans and Specifications, EPA Project No. C190830 04, City of Iowa City, Johnson County, Iowa. Dear Mr. Thornton: We have received a copy of your letter of September 25, 1980 to Shirely Christoffersen concerning the project referenced above. The Division has no objection to avoidance of the archaeological site by the federally assisted undertaking. The decision to avoid the site is, however, not for the Division to make, at this time. If the site meets the criteria of significance for listing in the National Register of Historic Places, which could be established or shown not to be the case if the intensive survey was conducted, then it would be appropriate that the Division recommend avoidance of it. The latter would, however, be appropriate as a mitigative action, developed while looking at other alternatives to lessen the impact of the federally -assisted undertaking on the site. It is not appropriate for the Division, at this time, to recommend avoidance of the archaeological site. However, the Division has no objection to avoidance of the site. If the site is avoided there would be no impact of the federal undertaking on the site and the project could proceed without additional consideration of cultural resources. Sincerely, Adrian D. Anderson, Director State Historic Preservation Officer ADA/lv cc: Shirley Christoffersen, IDEQ Jay Zimmerman, EPA 26 EAST MARKET STREET . IOWA CITY. IOWA 52240 TELEPHONE (319) 353..41_86 / 953.69 9c� _ 7 000 east central iowa council of governments 00 332 east washington iowa city, iowa 52240 (319) 354-2328 0 May 5, 1980 Mr. M. L. Thornton Veenstra & Kim Engineers & Planners 300 (Jest Bank Bldg. - 1601 - 22nd Street West Des Moines, IA 50265 Dear Mr. Thornton: I have received your request for A-95 clearance regarding the combined Step II -Step III application for funds to imple- ment the Iowa City, Iowa Facility Plan for wastewater collection and treatment facilities ECICOG's policy is to review Step II and III applications when a significant change has been made from activities and costs proposed in the facility plan. While I note that total project costs have increased by over $2 million, it is my understanding that these are due to inflation, based on a conversation with your office. Since no significant changes from the Facility Plan have been made, our agency will not review the project further. This letter should serve to satisfy the requirements of the A-95 process. Sincerely, ron illigan\) Senior Planner JM:mw cc: Mr. Charles J. Schmadeke, City of Iowa City. G 4ic RESOLUTION NO. 81-196 RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION. WHEREAS, the City of Iowa City, Iowa, has negotiated a lease with Johnson County Agricultural Association, a copy of said lease 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 siad lease for the rental of 7,500 square feet at the 4-H Grounds for a price of $350 per month for ten months out of the year for a two (2) year contract from September 1, 1981, through June 30, 1983, said rental property to provide covered, heated storage for equipment for the City Streets Division and other Divisions in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the lease with Johnson County Agricul- tural Association. 2. That the City Clerk shall furnish copies of said lease to any citizen requesting same. It was moved by Vevera and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of AYOR ATTEST: CITY CLERK W-10 Received & Approved 9 t The al Department I IOWP STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OfficialtForm No. 30 R•Aa..e,r0 aw�•t.--. -ter. w sew,, 2007, OF THIS FORM, CONSULT YOUR LAWYER S'otos` LEASE-BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this day of 19—, by and between Johnson County Agricultural Association (hereinafter celled the "Landlord") whose address for the purpose of this lease IS 3149 Hwy. 218 South Iowa City (Street and Number) (City) Iowa 52240 and City of Iowa City (State) (Zip Code) (hereinafter called the "Tenant" whose address for the purpose of this lease Is 410 F Washington St_ Towa City (Street and Number) (City) Iowa 52240 WITNESSETH THAT: (State) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions here- in contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Land. lord, according to the terms and provisions herein, ME, following described real estate, situated in ,lnhnson County, Iowa, to wit: 50' x 150' barn known as the swine barn at the Johnson County 4-H Fairgrounds on Highway 218 equipped with natural gas burning heaters, said barn containing 7,500 square feet, more or less. with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and promises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of 2 ten month pPr 3fid5commeocing at mid - eight of the day previous to the first day of the lease farm, which shall be on the - l St day of September 7988 and ending of midnight on the last day of the lease farm, which shall be on the 30th day of June 7982-8 .,., upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. T e a ove - specified term is exclusive of July 1 - August 31, 1982. RENTAL TO BE PAID FOR 10 MONTH PERIOD IN TWO PAYMENTS EACH YEAR: January, 1982 - $1,750 June, 1982 - $1,750 January; 1983 - $1,750 June, 1983 - $1,750 2. RENTAL Tenant agrees to pay to Landlord as rental for said term, as follows: $ 350.00 per month, in advance, the first rout payment becoming due upon Strike (a) the execution of this lease: or one and the some amount, per month, in advance, an the day of each month thereafter, during the term of this lease. In addition to the above monthly rental Tenant shall also pay: FOR ALL UTILITIES USED BY THE TENANT All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at per annum from the due date, until paid. 3. POSSESSION.- Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Landlord at the time and date of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be en- able to glve possession on sold date. Tenant's only damages shall he a rebating of the pro rata rental. 4. USB OP PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises only for For restrictions on such use, see paragraphs 6 (c), 6 (d) and II (b) below. s. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord, shall have the right to mortgage all of its right, title, interest in said promises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may 6a expressly herein provided. &9f I— . Sw A"sxuen. 30, LEASE -BUSINESS PROPERTY c7,v..sant.5072 W T.ars ___ ____ ___ .«__ __.. � .__...� ... � .u.. /dol (b) LANDLORD'S DUTY OF CA ID MAINTENANCE. Landlord will keep the roof, rral part of the floor, walls and other struc- tural parts of the building in good re, (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the promises, at its own expense, care for and maintain said premises in a reasonably safe and service- able condition, except for structural parts of the building. Tenant will furnish its own interior and exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Without limiting the generality of the foregoing, Tenant will make necessary repairs to the sower, the plumbing, the water pipes and electrical wiring, except as follows: and Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises; to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, If and only If the other terms of this lease Rx responsibility for beating upon the Tenant. Tenant of its own expense may install floor cover- ing and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass In the windows of the leased premises and for maintaining the parking area, driveways and sidewalks on and abutting the leased promises, If the leased premises Include the ground floor, and if the other terms of this lease Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord first had and obtained, of the plans and specifications therefor. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordi. nances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. If Tenant, by the terms of this lease is leasing premises on the ground floor, it will not allow fresh of any kind to accumulate on said premises in the halls, if any, or the alley or yard in front, side or rear thereof, and it will remove same from the premises of its own expense. The Tenant will not be responsible for snow removal. 7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of tele phone, water, sewer, gas, heat, (if heating is Tenant's responsibility), electricity, power, air conditioning (if air conditioning is the Tenant's responsibility(, garbage disposal, trash disposal and not limited by the foregoing all other utilities and services of whatever kind and nature which may be used in or upon the demised premises. Payment for electricity used by the Tenant will be made July 1 to the Landlord for the previous ten month period. (b) AIR CONDITIONING equipment shall be furnished at the expense of neither and maintenance thereof at (Landlord or Tenant) the expense of (Landlord or Tenant) (c) JANITOR SERVICE shell be furnished at the expense of _ neither Landlord or Tenant) (d) HEATING shall be furnish d at the expense of Landlor� with Tenant responsible only for natural gas expense ofi heating (Landlord or Tenant) S. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (See #27 below) (b) Tenant may, at the expiration of the term of this lease, or renewal or ronewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory data of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, with- out the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease form due and payable at once. Such written permission shall not be unreasonably withheld. 10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by law. ful authority (but reasonably preserving Lai rd's rights of appeal) against said real property shall be timely paid by the parties in the following proportions: by Landlord _ kl__%; by Tenant %. (b) Increase in such taxes, except as in the next paragraph provided, above the amount paid during the base year of (base year if and as may be defined in this paragraph) shall be paid by Landlord, 100 %; by Tenant %. (c) Increase in such taxes caused by improvements of Tenant shall be paid by Landlord 100 %; by Tenant %. (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all faxes, assessments or other public charges levied or assessed by lawful aufhorify (but reasonably preserving Tenant's rights of appeal) against its personal property on the premises, during the term of this lease. (e) SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the parties in the following proportions: by the Landlord 100 _%; by the Tenant %. SEE PARAGRAPH #27 INSURANCE. (a) Landlord end Tenant will each keep ifs respective proper+y in+eros+s in +ha premises end its liability in r thereto, a personal property on the premises, reasonably insured against hazards end casualties; that is, fire end those it,. cov. ered by ex+en e e o; end Tenant will procure and deliver to the Landlord a car}ifice+ion from the respective in companies to that effect. Such insuran 6o made payable to the parties hereto es their interests may appear, except t enant's share of such insurance proceeds ere hereby ass nd made payable to the Landlord 4o secure rent or other obli on due and owing Landlord by Tenant. [See also I I (e) below] (b) Tenant will not do or omit the doing of any a would vitiate any i , or increase the insurance rates in force upon the reel estate improvements on +he premises or upon any persona + o anent upon which the Landlord by law or by the terms of }his lease, hes or shall have alien. (cl Subrogation rights aro noT To ba waived a apeelal provision ched to his lease. (d) Tenant further agrees to comply w' mmendations of Iowa Insurance Service Bureau a liable for end to promptly pay, as if current rental, any increase in ins rates on said premises and on the building of which said premise art, due to increased risks or hazards resulting from s use of the premises otherwise than as herein contemplated and agreed. (e) INS PROCEEDS. Landlord shall settle and adjust any claim against any insurance company under its se ;as of ;nsur a premises, and said insurance monies shall be paid to and held by the Landlord to be used in payment for cost of repai ration of damaged building, if the destruction is only partial. [See also I I (a), above] INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and str parts o 'Iding, Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs a and expenses occasion r arising out of, any accident or other occurrence causing or inflicting injury and/or dem any person or property, happening or o on or about ;he leased promises, or due directly or indirectly to the }ansate r occupancy thereof, or any part thereof by the Tenant or rson claiming through or under the Tenant. The Tenant covenants and agrees that it will at its own expense procure and mal sualty and liability insurance in a resp company or companies authorized to do business in the State of Iowa, in amounts not le: for any one person injured, and $500,000 for any one accide wI limits of $25,000 for prop- erty damage, protecting the Landlord against such enrages, costs ore on account of injury to any person or persons, or to any property belonging to any person or y reason of such casualty, acciden r happening on or about the demised promises during the term thereo I Icafes or copies of said policies, naming the Landlord, and provi I )teen (15) ice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) ays from the data of the beginning of the term of this lease. As to insurance of the Landlord for roof and structural au paragraph II(a) above, 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the want of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence. this lease shall not terminate but the rent for the leased premises shall abafe during the time of such business interference. In the event of partial destruction. Landlord shall repair such damages within 60 days of Its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Land. lord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which ]his property is located make it impossible for Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises Including the park. Ing area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises or the then current legal use for which the premises are being used and which damages cannot be repaired within sixty (60) days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder. Tenant paying rental pro rata only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent aufhority, for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be en- titled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED. HOWEVER, before any such cancellation and for- feiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this lease will be cancelled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as an alternative to the foregoing (and neiiher exclusive of the other) Landlord may proceed as in paragraph 21, below, provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, re-enter said premises, upon giving of ten (10) days' written notice by Landlord to Tenant. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys. advertising and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to miti- gate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 9_% per annum, from date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased promises, provided only (1) that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. I (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right to maintain in the windows or on the build- ing or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement there. on, or upon the leasehold interest of the Tenant therein. and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements. alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Tenant. Landlord may proeaed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is not a Tenant, then the execution of this instrument by the spouse shall be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the right, from time to time, during the term of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised premises, when in the judgment of the Tenant it shall have become obsolete, outworn or unnecessary in connection with the operation of the business on said premises; provided, however, that the Tenant shall. in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adapted to the affixed operation of the business upon the demised premises. (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. coovriuht 1971 by The Iowa state Bar Association. '7040 An m reas res—rd. eo cart n u ao1 enie 1.r on ,nay ea reproduced 9y am me n wilnout Permlesion, in wrinn9. m craThe Iowa State ear Association. 21. RIGHTS CUMULATIVE. Th ous rights. powers, options, elections and romec either party, provided in this lease, shall be construed as cumulative and no one sm as exclusive of the others, or exclusive of an hs, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equ,Taole or legal remedy to which either party may be entitled as long as any default remains in any way unromedied. unsatisfied or undischarged. 22. NOTICES AND DEMANDS. Noficos as provided for In this lease shall he given to the respective partles hereto at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. With out prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid. by registered or certified mail, return receipt requested, by the United State mail and so deposited in a Uniled States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein cun- fained shall extend to and be binding upon the respective successors, hairs, administrators, executors and assigns of the parties hereto; except that if any pert of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, farms or conditions of 'his lenso to be kept or porformed by Landlord or Tenant shell be in any manner modified. waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the leased premises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. feminino or neuter gender according to the context. 22. The Landlord agrees to assume liability for any and all loss, costs, damage and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased primises, except that Landlord shall have no liability for any loss, costs, damages or expenses to Tenant or 4,ts employees or to Tenant's or its employees' property incurred by Tenant or its employees in, upon, or about the leased premises when such loss, costs, damage and expenses are directly caused by the negligence of the Tenant or its employees and the Tenant shall further hold the Landlord harmless for any loss of Tenant's or its employees' property in the event of fire, theft, malicious mischief or vandalism. IN WITNESS WHEREOF, the parties hereto have duly executed this 1 ase in duplicate th 4dayndM ove written. -���1HN MAYOR ,p� LANDLORD INDIVIDUAL � C.v/�✓-'v( sr •Bal. STATE OF Iowa REEMONT ISAACS, MANS ER taws COUNTY OF Johnson SS' TENANT n I. .ans• On this 4 day of AUQUSt 19�Qp,�I before me, the undersigned, a Notary Public in and for said County and o -. e.. as State, personally appeared John Balmer and AhhdP S..tol fU5 to me personally known to be the identical persons nemod in end o executed the wit 'n and foreg ' g instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) ATTEST: CITY CLERK CORPORATION. Rgwlvgd & Approved STATE OF Iowa By The Lagall De of'K est COUNTY OF Johnson }SS.r7111719 On this Brit day of QU gLS* A. D. 19 81 , before me, the undorsi o a Notary ublic In and for said County and State, personally appeared John Balmer end Abbl a Stol fus , to me, personally known, who being by me duly sworn, did say that they are the Mayor YEI. •I end Clty Clerk respectively, of said corporation executing the aifhin and foregoing instrument, that (no seal has been procured by 1ne said) corporation; that said instrument was signed (end sealed) on „ant. (the seal affixed thereto is the seal of said) ar,...•r e•. a behalf of said corporation by authority of its Board of Directors: and het the said John Balmer and Abbie 17tolfu5 as such officers acknowlodgod the execution of said'nsimn ant to be the voluntary act and dead of said corporaticn by it and by them voluntarily executed. !� (SEAL) ........ _..... --------- Notary Public in and for said County and State FIDUCIARY STATE OF S5. COUNTY OF On this day of A. D. 19 , before me, the undersigned, a Notary Public in and for said County in said State, personally appeared as Executor of the Estate of , Deceased, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that_he executed the same as the voluntary act and deed of himself and of such fiduciary. (SEAL) Notary Public in and for said County and State PARTNER STATE OF COUNTY OF SS, On This day of A. D. 19 , before me, the undersigned, a Notary Public in and for said County and State personally appeared and to me personally known, who, being by me duly morn, did say that he is (they ere) member(s) of the Partnership executing the within and foregoing instrument and acknowledged that (he) (they) executed the same as the voluntary act and deed of said co-parner(s) by (him) (them) and by said partnership voluntarily executed. For acknowledgment as a corporate fiduciary see obverse side of Court Officer Deed (Official Form No. 101. (4) Notary Public in and for said County and State RESOLUTION NO. 81-197 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Johnson County SEATS Agency, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center through the above-named agency. 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 Johnson County SEATS. It was moved by Roberts and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS x x x X x x ABSENT: Balmer Erdahl Lynch x Neuhauser Perret Roberts Vevera Passed and approved this 28th day of July , 1981. ATTEST: C11Y CLERK 'MAYOR Received & Approved By The Legal DeparhneM Z 191 Vo 02— 10 SEATS AGREEMENT This agr-eement, made and entered into this 28th day of July 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as CITY, and the SEATS Program, Johnson County, Iowa, hereinafter referred to as the COUNTY. WHEREAS, it is in the mutual interest of the City and County to continue providing transit service to the elderly and handicapped; and WHEREAS, the County, pursuant to its general powers, has an operation of special elderly and handicapped transit service; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, 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 AND COUNTY AS FOLLOWS: I. SCOPE OF SERVICES A. The City agrees to provide space, utilities, furniture, equipment plus parking spaces to the County for the sole purpose of carrying out the Johnson County SEATS program to commence August 15, 1981, and continue until June 30, 1982. II. -- GENERAL TERMS A. The City agrees to provide 270 square feet of office space on the ground floor of the Senior Center. Storage space will be provided in the boiler room and parking space for vans will be provided as outlined below. 1. Eight parking permits shall be issued to the SEATS vans for parking in the Civic Center parking lot. Eight spaces 70..3 2 adjacent to each other on the west end of the lot shall be reserved for the SEATS vans between the hours of 7 p.m. and 7 a.m. each day. 2. SEATS vans may use the passenger loading zones on Washington and Linn Streets to pick-up or drop-off passengers. 3. SEATS vans may use either the passenger loading zones on Washington and Linn Streets or space parallel to the north entrance ramp to the Senior Center for temporary, not to exceed 30 minute, parking between trips. Only one van may be parked in each of these spaces at one time. B. The City agrees to provide heating and cooling for the office space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: 2 desks, 2 desk chairs, 1 armchair, 2 side chairs. E. The City agrees to make available the services of a xerox machine and print shop at a cost to the County which is the actual per copy cost to the City. Fr The City agrees to install a central telephone system which the agencies shall use. G. The City agrees to furnish refuse pickup on a regular basis. H. The City agrees to treat in a confidential manner all participant information that is jointly gathered. ;7d7 3 I. The County agrees to provide a transportation service which is consistent with the purpose and goals of the Senior Center. _J. The County agrees to pay for the installation of their telephone lines(s) and to pay the monthly charges for the line(s). K. The County agrees to submit a yearly self-evaluation of the services SEATS provides. L. The County agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: I. Monthly total of service units (ride) provided. 2. Monthly total of elderly receiving service (duplicated and unduplicated counts). 3. Identification of requests for services or activities not currently provided. M. The County agrees to submit a 30 day written notice when program changes are planned. N. The County agrees to accept the responsibility of opening, closing, and supervising the building when staff occupies the office at time the Center is not open to the general public. 0. The County agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. III. INDEMNIFICATION The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, costs, or damages resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the County in the performance of the conditions set forth in this agreement. 70.5' ,51 IV. DISCRIMINATION A. The County shall not permit any of the following practices: 1. 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 disability. 2. 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. B. The County shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE The County shall maintain in furl force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: $300,000 combined single limit to cover bodily injury and property damage. �. The County shall furnish the City with a certificate of such insurance upon request. The failure of the County to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. 70,4 P 5 VI. TERMINATION This agreement shall be effective August 15, 1981, and shall terminate June 30, 1982. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the SEATS program as outlined in the application for space in the Senior Center. VII. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. , B. No space may be reassigned to any other agency or organization. VIII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. IX. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. FOR THE CITY: HN R. BAL ER, MAYOR ATTEST: CITY CLERK V Received 8 Approved By the Legal Deparnnent 7 i5 FOR THE COUNTY: DENNIS L GENBER CHAIRM N BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTES JOHNSON COUNTY AUDITOR by: David L. Elias Deputy 707 STATE OF IOIUA SS JOHNSON COUNTY M On this 1(o day of Julx , 1981, before me, the undersigned, a NotaryPu5lic in and for said County, in said State, personally appeared Dennis J. Langenberg and David L. Elias to me personally known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors and Deputy Auditor for said County, 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 Board of Supervisors; and that the said Dennis J. Langenberg and David L.Elias 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. - �D-'4zk(- 's,' Notar) Pu lic STATE OF IOWA SS JOHNSON COUNTY On this 28thday of July , 1981, before me, the undersigned, a notary public in and for said County and State, personally appeared the following persons: John R. Balmer, Mayor and arian K. Karr, Deouty City Crk , to me known to be the identical persons named in and who execuleted the within and foregoing instrument and acknowledged that they acknowledged the same as their voluntary act and deed. No ary Public in and for said County and State in 16W-4ff • `"—`" RESOLUTION NO. 81-198 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the American Association of Retired Persons, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center through the above-named organization. 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 American Association of Retired Persons. It was moved by Perret and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _x Erdahl Lynch _x Neuhauser x Perret _ x Roberts x_ Vevera Passed and approved this 28th day of July 1981. -'� AYOR ATTEST: �f2ua�91 y�at�, �,�uty CITY CLERK Received & Approved IDy The Legal Department lo A_7-3_81 77-11 /a AMERICAN ASSOCIATION OF RETIRED PERSONS AGREEMENT THIS AGREEMENT, made and entered into this qday of ez4� 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and the American Association of Retired Persons Chapter 1816 of Johnson County, Iowa, hereinafter referred to as AARP. WHEREAS, AARP is a non-profit corporation whose goals are to make the lives of older people more pleasant, to help older people keep control of their lives as long as possible, and to identify and seek solutions to problems not being otherwise addressed; and WHEREAS, it is in the mutual interest of the City and AARP to attempt to meet such goals at the Senior Center; and WHEREAS, Resolution No. 78-142 establishing the City's intent to develop and manage a multi-purpose Senior Center specifically recognizes that "...Service agencies are resources that might be involved in the projects and services of a multi-purpose program." NOW, THEREFORE BE IT AGREED BY AND BETWEEN THE CITY AND AARP AS FOLLOWS: I. SCOPE OF SERVICES ` A. The City agrees to provide space, furnishings, janitorial services, utilities, and use of specific equipment and services as set forth below. II. GENERAL TERMS A. The City agrees to provide 16% square feet of space on the ground floor of the Senior Center to AARP for its use in the provision of education and community services to the elderly, to commence August 15, 1981 and to continue until June 30, 1982. 7/d REDRAFT 07-22 2 B. The City agrees to provide heating and cooling for this space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: one desk, one desk chair, two side chairs. E. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to AARP. F. The City agrees to install a central telephone system which the agency shall use. G. The City agrees to make available the services of the Senior Center secretary or the phone answering device to accept calls to the organization on a limited basis when no staff is present in the office. H. The City agrees to furnish refuse pickup on a regular basis. I. The City agrees to treat in a confidential manner all participant information that is jointly gathered. J. AARP agrees to provide services and activities which are consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to, tax aid, rent reimbursement information, property tax credit information, peer counseling, medicare and medigap assistance, volunteer training, driving education and Institute of Lifetime Learning. K. AARP agrees to staff their office with volunteers a mimimum of 30 hours per week. 7i/ REDRAFT 07-22 3 L. AARP agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). M. AARP agrees to submit a yearly self-evaluation of services and activities. N. AARP agrees to 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 participation in scheduled activities (duplicated and unduplicated counts). 3. Identification of requests for services or activities not currently provided. 0. AARP agrees to submit a 30 day written notice when program changes are planned. P. AARP agrees to accept the responsibility of opening, closing or supervising the building when an AARP activity or service occurs at a time the Center is not open to the general public. IV. INDEMNIFICATION AARP, acting as its own agent, agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the AARP volunteers, including, but not limited to, injuries to persons or properties served by or coming into contact with AARP. AARP agrees that it is not 7/.Z REDRAFT 07-22 4 acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. V. DISCRIMINATION AARP agrees not to deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. VI. INSURANCE AARP shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: to cover the insured liability for personal injury or death in the amount of $300,000 and for property damage at $10,000. AARP shall furnish the City with a certificate of such insurance upon request. The failure of AARP to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. VII. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VIII. TERMINATION This agreement shall become effective August 15, 1981, and shall terminate June 30, 1982. However, this agreement may T REDRAFT 07-2 5 otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the AARP program as outlined in the application for space in the Senior Center. IX. This agreement shall be filed with the City Clerk of Iowa City, Iowa. X. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in the instrument;• and that -this agreement constitutes the entire contract. FOR THE CITY OF IOWA CITY, IOWA: FOR AARP OF JOHNSON COUNTY, IOWA: ulo 45VE Balmer, Mayor N e Title ATTEST: Abbie Stolfus, City Clerk ' Received & Approved The Legal Department zz ATTEST: ame e %1� RESOLUTION NO. 81-199 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Elderly Services Agency, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center through the above-named agency. 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 Elderly Services Agency. It was moved by Erdahl and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of July 1981. J AYOR c ATTEST: %%Jzua J yY tje , t DQ6itf CITY CLERK Received & Approved By The Legal Department z 81 71r ELDERLY SERVICES AGENCY LEASE AGREEMENT THIS AGREEMENT, made and entered into this a-5-1- day of 1981, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and the Elderly Services Agency of Johnson County, Iowa, hereinafter referred to as ESA. WHEREAS, ESA is a non-profit corporation whose goal is to provide services to the elderly; and WHEREAS, it is in the mutual interest of the City and ESA to attempt to meet this goal at the Senior Center; and WHEREAS, Resolution No. 78-142 establishes the City's intent to develop and manage a multi-purpose Senior Center. NOW, THEREFORE BE IT AGREED BY AND BETWEEN THE CITY AND ESA AS FOLLOWS: I. SCOPE OF SERVICES The City agrees to provide space, furnishings, janitorial services, utilities, parking space and use of specific equipment and services as set forth below. II. GENERAL TERMS N A. The City agrees to provide 705 square feet of space on the ground floor of the southwest corner of the Senior Center to ESA for its use in the provision of services to the elderly of Johnson County to commence on August 15, 1981, and to continue until June 30, 1982. B. The City agrees to provide parking space for one van to be used for the ESA chore program. Said parking space is located at the Chauncey Swan parking lot. %/` REDRAFT 07/22/81 3 L. ESA agrees to submit a yearly self-evaluation of the services they provide. M. ESA agrees to cooperate in the Senior Center data collection. A monthly report will be filed with the staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service (duplicated and unduplicated accounts). 3. Identification of request for services or activities not currently provided. N. ESA agrees to inform the City at least 30 days in advance when program changes are planned. 0. ESA agrees to accept the responsibility of opening, closing and supervising the building when its staff occupies the offices at a time when the Center is not open to the general public, and at such a time, ESA is not responsible for opening the building to the general public. III. INDEMNIFICATION ESA, acting as its own agent agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the ESA staff or volunteers, including, but not limited to, injuries to persons or properties served or coming into contact with ESA. ESA agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. %/% REDRAFT 07/22/81 4 IV. DISCRIMINATION A. ESA shall not permit any of the following practices: 1. 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 disability. 2. 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. B. ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE A. ESA shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. VF REDRAFT 07/22/81 5 ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with a minimum amount. Copies of said policies are to be furnished to the City upon request. VI. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VII. TERMINATION This agremeent shall become effective August 15, 1981, and shall terminate June 30, 1982. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the ESA program as described in the application for space in the Senior Center, or in the event of a material or substantial breach by the City of its obligation to provide services and space as specified under this agreement. IX. This agreement shall be filed with the City Clerk of Iowa City. )t The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original, but there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. 719 REDRAFT 07/22/81 FOR THE CITY OF IOWA CITY, IOWA: L FOR ESA OF JOHNSON COUNTY: ATTEST: Abbie Stolfus, City Clerk Received i Approved By the Legal Deparfinent rl 2L I If (liLc.Qce4.,.t Title ATTEST: Name e 1 RESOLUTION NO. 81-200 RESOLUTION AMENDING THE CLASSIFICATION/COMPENSATION PLAN FOR ADMINISTRATIVE EMPLOYEES. WHEREAS, Resolution 81-190 adopted by the City Council on July 14, 1981, establishes the classification/compensation plan for Administrative employees, and WHEREAS, the classification/compensation plan was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the classification/compensation plan for Administrative employees be amended as follows: 1. The establishment of a salary range for the position of Fire Chief, Grade H1, of $25,584 to $34,112 annual salary. 2. The establishment of a salary range for the position of Police Chief, Grade J1, of $29,910.40 to $38,126.40 annual salary. 3. The establishment of the position of City Engineer in Grade H, with a salary range of $25,584 to $38,105.60 annual salary. It was moved by Perret and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of July 1981. 4YO:_�RZ ATTEST: t�oAu�y CITY CLERK Received & Approved By TThhe, Legal Department cam/ 7 -Z -?— Y/ 7.4 �co./' & �' RESOLUTION NO. 81- 201 RESOLUTION RESCINDING THE TEMPORARY CLOSURE OF CAPITOL STREET FROM THE NORTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO THE SOUTH RIGHT-OF-WAY LINE OF COLLEGE STREET. WHEREAS, the City Council adopted Resolution No. 79-194 on May 8, 1979, in order to temporarily close a portion of Capitol Street to facilitate the construction of the parking ramp on Block 83; WHEREAS, the parking ramp in Block 83 is now constructed and in operation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the temporary closure of Capitol Street from the north right-of-way line of Burlington Street to the south right-of-way line of College Street is hereby rescinded. It was moved by Vevera and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this28th day of Jul y1981. y f YOR ATTEST: iuu�J ,r���,,, At CITY CLERK Received & Approved By The Legal Department 7v? v7- U of I PENTACREST = Afley area to be rededicated J O r U Capitol St Parking Ram w O IOWA AVE _o m C C U) U WASHINGTON COLLEGE OLD PUBLIC LIBRARY 44 CIVIC CENTER RECREATION CENTER BURLINGTON z w � w w m z m z z � Q /C911 � RESOLUTION NO. 81-202 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Bart's Place, 826 S. Clinton Amelia Earhardt Deli, 223 E. Washington St. Discount Dan's Shell, 9335. Clinton St. Russ' Standard, 305 N. Gilbert 6:20, 620 Madison Village Inn Pancake House, #9 Sturgis Corner Dr. Sirloin Stockade, 621 S. Riverside Dr. Kirkwood 76 Store, 300 Kirkwood Ave. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch _ Erdahl X Neuhauser Perret X Roberts X Vevera X KI X Passed and approved this 11th day of August , 19 81 ayor Attest: City Clerk 7,� 7 i � w RESOLUTION NO. 81-203 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 Class "B" Beer Permit or liquor control license, to wit: Iowa City Moose Lodge #1096, 2910 Muscatine Ave. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll -call roll-callthere were: AYES: NAYS: ABSENT: Balmer x tench x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of August 19 81 . ayor Attest: City Clerk RESOLUTION NO. 81-204 RESOLUTION TO REFUND CIGARETTE PERMIT WIIEREAS, El IFronterizo at 1200 Gilbert Crt. in Iowa City, Iowa, has surrendered cigarette permit No. 82-39 , expiring June 30th , 19 82 , 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. 82-39 , issued to E1 Fronterizo be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of g 100.00 , payable to Hawkeye Amusement as a refund on cigarette permit No. 82-39 It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 11th day of August 19 81 r ;o4r Attest: 7a � AYES:AN YS ;c Bpi SEN : Balmer X Lynch x Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 11th day of August 19 81 r ;o4r Attest: 7a � RESOLUTION NO. 81-205 RESOLUTION SETTING PUBLIC HEARING ON INCREASED WATER RATES. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., August 25, 1981, to permit public input for or against the proposed increased water rates. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time set for such hearing. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x TRoberts x Vevera Passed and approved this 11th day of August 1981. 4kAYOR ATTEST: r CITY CLERK 3ceiv� ., Ar..,f.;;er+ ,7a 7 JAZ N o�� RESOLUTION NO. 81-206 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 25th day of August , 19 $1 , 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 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 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 Perret and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this lith day of August Vevera there were: 19 81 Ma -Or It 9C9fV3Ci :a !:—"K2tP) ATTEST: .riy i};c- !WJal J.<;xr!+•wW City Cler RESOLUTION NO. 81-207 A RESOLUTION SETTING PUBLIC HEARING FOR THE GRANTEE PERFORMANCE REPORT FOR THE FIFTH YEAR HOLD -HARMLESS ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT TO PLACE INFORMATION REGARDING SAID GRANTEE PERFORMANCE REPORT 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 -proposed Grantee Performance Report is to be held on the 25th day of August 1981 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 in a newspaper published at least once weekly and having general circulation in the City, not less than ten days before said hearing. 3. That information regarding said report is hereby ordered placed on file by the Director of Planning and Program Development in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser " x Perret x Roberts x Vevera Passed and approved this llthday of August , 1981. Z YOR ATTEST: CITY CLERK 61 R®ceFvW & Approve -4 BY The mal Department 7� i RESOLUTION NO. 81-208 RESOLUTION SETTING PUBLIC HEARING ON THE MATTER OF THE NOTICE OF VIOLATION, NOTICE OF CLAIM, AND ORDER OF COMPLIANCE ISSUED BY THE CITY OF IOWA CITY TO SHELLER -GLOBE CORP. ON JULY 1, 1981, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY CLERK TO GIVE WRITTEN NOTIFICATION OF SAID HEARING TO SHELLER -GLOBE CORP. EITHER THROUGH PERSONAL SERVICE OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the matter of the Notice of Violation, Notice of Claim, and Order of Compliance issued by the City of Iowa City to Sheller -Globe Corp. on July 1, 1981, relating to prohibited discharges into the City's sewer system, is to be held before the City Council on the 10th day of November, 1981, 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 matter 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 City Clerk is hereby authorized and directed to give written notification of said hearing to Sheller -Globe Corp. either through personal service or by certified mail, return receipt requested. Said notice shall include a statement of the time, place and nature of the hearing and the body before whom the hearing is to take place. It was moved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch _ x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August, 1981. ATTEST: CITY CLERK 14ceived i 1ppr9vv4i ar 1fi. Le-"' Dep.rtmeni 730 RESOLUTION NO. 81-209 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER RALSTON CREEK - PHASE I PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NO'T'ICE 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 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 are hereby approved. 2. That the amount of bid security to accompany each bid the above-named project shall be in the amount of 10% Of bid Treasurer, City of Iowa City, Iowa. for the construction of payable to 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 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 10:00 A.M. on the 2nd day of September , 19 8L Thereafter, the bids will be opened by the Cit� Enginper or hit daaignaa 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 8th day of September , 19—BL. 1'9d $ Approvsd 'y Tie L-'991 DeParhnent �— 721 Page 2 Resolution No. 81-209 It was moved by Roberts and seconded by Perret that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ASSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August , 1981. OR ATTEST: CITY CLERK. 73a RESOLUTION NO. 81-210 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENT WITH PLUM GROVE ACRES, INC. CONCERNING EXTENSION AND RELOCATION OF SCOTT BOULEVARD, TOGETHER WITH PROPOSED CONVEYANCE. WHEREAS, it is in the public interest to extend and relocate certain portions of Scott Boulevard right-of-way in Iowa City and Johnson County, Iowa; and WHEREAS, it is necessary to acquire certain property owned by Plum Grove Acres, Inc., together with construction easements, in order to construct said improvements; and WHEREAS, the City of Iowa City wishes to vacate and convey certain portions of existing Scott Boulevard in partial consideration for said acquisition. 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 an agreement with Plum Grove Acres, Inc. It was moved by Vevera and seconded by Perret the Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser X Perret x Roberts X Vevera Passed and approved this 11th day of August 1981. �—ItAYOR ATTEST: CITY CLERK Rewlved A Approved By The legal Depaftw,t %33 ACQUISITION AGREEMENT THIS AGREEMENT made and entered into this 11th day of August , 1981, by and between Plum Grove Acres, Inc., Seller, and the City of Iowa City, Buyer. 1. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed, on a form furnished by Buyer, and Buyer agrees to purchase the real estate situated in Johnson County, Iowa, legally described as follows: A portion of the Southwest Quarter (SW 1/4) of Section 7, Township 79 North, Range 5 West and a portion of the Northwest Quarter (NW 1/4) of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, more particularly described as follows: Beginning at an iron pin that marks the northwest corner of Section 18, T79N, R5W of the 5th P.M., Johnson County, Iowa; thence north 00°54'28" west, 35.00 feet along the west line of the southwest quarter of Section 7, T79N R5W of the 5th P.M., Johnson County, Iowa, to a point; thence north 88°30'13" east 450.04 feet to a point; thence north 00°54'28" west 30.00 feet to a point; thence north 88°30'13" east 100.00 feet to a point; thence south 00054'28" east 30.00 feet to a point, thence north 88°30'13" east 10 feet to a point; thence south 00°54'28" east 35.00 feet to a point; thence south 00°43'39" east 35.00 feet to a point; thence south 88030'13" west 10.00 feet to a point; thence south 00043'39" east 727.76 feet to a point; thence north 89°28'11" west 100.02 feet to a point; thence north 00°43'39" west, 724.22 feet to a point; thence south 88°30'13" west, 400.03 feet to a point; thence north 00°43'39" west 35.00 feet to a point, thence south 88°30'13" west 50.00 feet to the point of beginning, said tract containing 2.59 acres more or less, as shown on Exhibit "A" attached to this agreement. The premises include all estates, rights, title and interest in the real estate specified subject to all easements. Seller agrees to convey no later than Sept. 1 , 1981, subject to the execution of this agreement and receipt of the lump sum payment provided in Paragraph 3 hereof. 2. Buyer agrees that as part of the consideration for the purchase of the above described tract, it will vacate and convey to Seller that portion of the existing Scott Boulevard right-of-way running South from Court Street (extended) as shown on Exhibit "B" attached to this agreement, subject to all easements. Buyer agrees, at its own expense, to survey said tract to provide a complete and accurate legal description for the conveyance to Seller, which conveyance shall be by Warranty Deed. Buyer agrees to vacate and convey as required by law, said conveyance to be completed no later than November 1 , 1981. 7.3 �z 2 3. Buyer agrees that in addition to vacating and conveying the tract described in the previous paragraph, it will pay Seller a total lump sum of $1.00 and Seller agrees to grant the right of possession and convey title to the property described in Paragraph 1 hereof upon receipt of said payment and receipt of title to the property described in Paragraph 2. 4. Seller agrees to furnish and to deliver to Buyer at the Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises described in Paragraph 1 and Seller agrees to make all necessary abstract corrections. Buyer agrees to pay the costs of said abstracting. Buyer also agrees to take all steps necessary to vacate and convey the property described in Paragraph 2 to Seller and to provide Seller with an abstract of title showing merchantable title to said property with the costs of said abstract being paid by Buyer: Buyer also agrees to pay all costs necessary and incident to transferring the two properties described herein including abstracting, documentary stamps, recording fees, and Sellers's attorneys' fees incurred in connection with this transaction up to, but not to exceed, $500.00. 5. Seller warrants that there are no tenants on the property described in Paragraph 1 with compensable leasehold interests and that said property is being sold subject to no leasehold rights. 6. Seller agrees to grant the Buyer, in addition to the other provisions herein, grading rights as shown on the attached drawings, marked Exhibits "C-1" and "C-2" and made a part of this Agreement. 7. Buyer agrees that all of the excess dirt from the grading project consisting of approximately 4,000 cubic yards will be deposited on land retained by Seller in such location as Seller shall reasonably request. Buyer also agrees that prior to depositing said excess dirt on Seller's property, it will first strip the top soil to be stored on the site and then replaced on top of the excess dirt after it has been deposited and graded. 8. All grading and dirt moving shall be at Buyer's expense. 9. Buyer also agrees that the existing roadstone from the present farm driveway that is to become Court Street extended, will be hauled and deposited on the remaining portion of the farm driveway being retained by Seller and located to the east. 72S 3 10. Buyer agrees to pay Seller $350.00 for loss of profit from potential agricultural use for the year 1981. 11. Buyer also agrees to grant Seller reasonable access from its remaining land onto the new Scott Boulevard and Court Street a right-of-way. 12. This contract shall apply to and bind the legal successors in interest of each of the parties herein. 13. Seller and Buyer state that this agreement is being made for their mutual benefits and in connection with the relocation of Scott Boulevard. Buyer agrees that the portion of the property it is acquiring for the relocation of Scott Boulevard as well as the portion acquired for the extension of Court Street shall be under contract for paving at Buyer's expense on or before March 1, 1982, and in the event that said contract for paving is not awarded on or before said date, Buyer agrees to void this acquisition agreement and take all steps necessary to return the property to Seller and put each of the parties in the same position as they were in on the execution of this agreement. 14. The terms and provisions of this contract shall survive the transfer of titles to the properties being conveyed herein. IT WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. PLUM GROV RES, INC. BY: -" /�C(GG " Bruce R. Glasgow, Presi e t RecaiV%d & AFfrvmved NThe Legal Department CITY OF IOWA CITY, IOWA ayor ATTE i4L City Clerk 73 6 EXHIBIT "A" LARRY R. SCHNITTJ ER ` MY COidtAISSION WIRES September 30, 1981 z DESCRIPTION OF COURT STREET AND SCOTT BOULEVARD RIGHT OF WAY Beginning at an iron pin that marks the northwest corner of Section 18, T79N, R5W of the 5th -P_11., Johnson County, Iowa; thence north 00054'28" west, 35.00 feet along the west line of the southwest quarter of Section 7, T79N, R5W of the 5th P.11., Johnson County, Iowa, to a point; thence north 88°30'13" east 450.04 feet to a point; thence north 00054'28" west 3,0.00 feet to a point; thence north 880 30'13" east 100.00 feet to a point; thence south 00054'28" east 30.00 feet to a point; thence north 88030'13" east 10.00 feet to a point; thence south 00054'28" east 35.00 feet to a point; thence south 00043'39" east 35.00 feet to a point; thence south 88030'13" west 10.00 feet to a point; thence south 00°43'39" east 727.76 feet to a point; thence north 89028'11" west 100.02 feet to a point; thence north 00043'39" west, 724.22 feet to a point; thence south 88030'13" west, 400.03 feet to a point; thence north 00043'39" west 35.00 feet to a point; thence south 88030'13' west 50.00 feet to the point of beginning, said tract containing 2.59 acres more or less. MIS #339-022 707 Nbb-5U�� G y„ • `b� 10 00 0 w v 450.04 N88°3013"E O z N88°3 '13'E M P �n o 0 ° O N IOD6 GO ,i0 M N 0 M 500.04' 50 I 588° 13'W o w o -MW 10.00' M -M gP 400.03 38035'13"W ° 0 0 Cr C O z N m POINT OF BEGINNING I� z o r U W N R z M O U z z w SCALE 1"=10o I further certify that the plat as shown is -M p a correct representation of the survey and P v all corners are marked as indicated. g i%- 23 Z - R ert D. 1lickels0 feg. No. 7036 Date W Z Subsc bed and orn to before me this N w �b`day of 19 C� 3 _ N N N ti cry Notary PdbfTc, in and r the State of Iowa LARRY R. SCHNITTJ ER ` MY COidtAISSION WIRES September 30, 1981 z DESCRIPTION OF COURT STREET AND SCOTT BOULEVARD RIGHT OF WAY Beginning at an iron pin that marks the northwest corner of Section 18, T79N, R5W of the 5th -P_11., Johnson County, Iowa; thence north 00054'28" west, 35.00 feet along the west line of the southwest quarter of Section 7, T79N, R5W of the 5th P.11., Johnson County, Iowa, to a point; thence north 88°30'13" east 450.04 feet to a point; thence north 00054'28" west 3,0.00 feet to a point; thence north 880 30'13" east 100.00 feet to a point; thence south 00054'28" east 30.00 feet to a point; thence north 88030'13" east 10.00 feet to a point; thence south 00054'28" east 35.00 feet to a point; thence south 00043'39" east 35.00 feet to a point; thence south 88030'13" west 10.00 feet to a point; thence south 00°43'39" east 727.76 feet to a point; thence north 89028'11" west 100.02 feet to a point; thence north 00043'39" west, 724.22 feet to a point; thence south 88030'13" west, 400.03 feet to a point; thence north 00043'39" west 35.00 feet to a point; thence south 88030'13' west 50.00 feet to the point of beginning, said tract containing 2.59 acres more or less. MIS #339-022 707 EXHIBIT "B" 50004 N88030'13'E I u r m z 0 U w w Z 0 O 3 z SCALE I"=100 ° DESCRIPTION OF TRACT TO BE CONVEYED' Beginning at an iron pin that marks the III] corner of Section 18, T79N. R511, of the 5th P.M., Johnson County, Iowa; thence N88030'13"E 50.00 feet; thence S00043'39"E 35.00 feet to the point of beginning; thence S00043'39"E 710.07 feet; thence N89028'11"I1 45.01 feet; thence N00043'39"11 708.48 feet: thence I488030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. I further certify that the plat as shown is a correct representation of the surve and all corners are marked as indicated. abert D. 14ickel Reg. 11p. 7036 Date AL ibed and scorn to before me this c3� ay of 19_. ikE� "' `'. LARRY R. SCHNITTJER JAI in and for the State Of IO A MIAISSIONE%FIRES 11115 339-022 50 _ m 45.00 N88°3013 E 400.03 POINT OF 1O BEGINNING C; � N88°3013 E w N PeINT o� C BEGINNING C- U In z 42 132°27'40' y�0�, 132°43'20" i 45 539°l0i"W DESCRIPTION OF SEIIER EASEMENT m o Commencing at an iron pin that marks the IJ61 Cor. of Sec. 18, T791J, R5l•1, of the 5th P.I1., Johnson County, Iowa; o 3 m M M v 0 0 z 7 thence N88° 30'13"E 50.00 Feet; thence S00°43'39"E 3 w 35.00 Feet to the point of beginning; � thence S00°43'39"E 135.00 Feet; thence S89°16'21"I1 45.00 Feet; thence IJ00°43' 0 39"ll 134.39 Feet; thence fJ88°30' 13"E 0 N 45.00 Feet to the point of beginning, said tract contains 0.14 acres more or less. 4501' N89°28'1 l"W 50.01 3tY EXHIBIT "C-1" DESCRIPTION OF TEMPORARY EASEMENT 0 0 SCALE I"= 100 A strip of land 35' wide lying west of and adjacent to the west ROW line of Scott Boulevard and extending from Station 19+70 to Station 27+00; also a strip of land 20' wide lying south of and adjacent to the south ROk line of Court Street and extending from Station 1+40 to Station 5+50 on Court Street. 72/ EXHIBIT "C-2" N8803013'E 155.00 0 N NB803013'E 430.04 20 _ 100' pp 0 NM M N10 2!� M 0 0 N88°30'13"E o 500.04 COURT T. -0 EXTENDED 27 00 50' 35' o. m 26-00 (J N z z w z 25 00 J r w - 3 d J � m F- 0 O U O W N U W m N 0 r 0- Z z SCALE I"= 100 t- a w 3 w M oV 0 M O M d z c � r w m 3 v M 0 50 40 0 V N O 21 DO O z p M N 20 DO PROPERTY LINE DESCRIPTION OF TEMPORARY EASEMENT A strip of land 40' wide lying east of and adjacent to the east ROW line of Scott Blvd. and extending from Sta. 19+70 to Sta. 21+00; also a strip of land 35' wide lying east of and adjacent to the east ROW line of Scott Blvd. and extending from Sta. 21+00 to Sta. 27+00; also a strip of land 25' long and 70' wide lying east of and adjacent to that portion of Court St. ROW which extends east of the Scott Blvd. east ROW line; also a strip of land 35' wide and adjacent to the east ROW line of Scott Blvd. north of Court St. and extending from Sta. 27+70 to Sta. 28+20; also a strip of land 20' long and 100' wide lying north of and adjacent to that portion of Scott Blvd. ROW which extends north of the Court St. north ROW line; also a strip of land 20' wide lying west of and adjacent to the west ROW line of Scott Blvd. north of Court St. and extending from Sta. 27+70 to Sta. 28+20; also a strip of land 20' wide lying north of and adjacent to the north ROW line of Court St. and extending from Sta. 1+20 to Sta. 5+50 on Court St. 746 RESOLUTION NO. 81-211 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH VEENSTRA & KIMM, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to a contract with Veenstra & Kimm, Inc., a copy of said amendment being attached to this resolution and by this reference made a part hereto, and WHEREAS, the City Council deems it in the public interest to enter into said amendment for the construction of the University Heights System Improvements, subject to IDEQ and EPA approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment with Veenstra & Kimm, Inc. 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting the same. It was moved by Perret and seconded by the Resolution be adopted, and upon roll call there were: Roberts AYES: NAYS: ABSENT: x BALMER x ERDAHL _ x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 11th day of August 1981. ATTEST: icy City Clerk that Received & A iinro,.-n-' By ine Laga) Ell 74f/ NINTH AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM, INC. UNIVERSITY HEIGHTS SYSTEM WHEREAS, the City of Iowa City, hereinafter referred to as the City, entered into an agreement dated March 4, 1975, with Veenstra & Kimm, Inc., Engineers & Planners, hereinafter referred to as the Consultant, for the preparation of a Facility Plan in accordance with Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), as amended, and as further amended by the Clean Water Act of 1977 (Public Law 95-217), and WHEREAS, the parties hereto executed the original agreement and amendments thereto, dated June 10, 1975, May 10, 1977, August 23, 1977, May 12, 1973, June 13, 1979, April 29, 1980, July 2, 1980 and February 12, 1981, hereinafter referred to collectively as the Agreement, and WHEREAS, the amendment dated February 12, 1981, hereinafter referred to as the Eighth Amendment, provided for services by the Consultant to prepare plans and specifications for the Southeast Interceptor System, Outfall Relief System, University Heights System, and Sewer System Rehabilitation and such other improvements which may be included by amendment, all as set forth in said Facility Plan, and for other services set forth in said Eighth Amendment, and WHEREAS, said Facility Plan has been certified by the Iowa Department of Environmental Quality (IDEQ) and approved by the U.S. Environmental Protection Agency (EPA), and WHEREAS, it is prudent and timely for the City to file a Step 3 (Construction) grant application for funding of the state and federal portions of construction, engineering and other eligible costs for the University Heights System, and WHEREAS, Step 2 (Design) services are complete and finished upon the date of award of construction contracts and exclude any services beyond that date for general services during construction, resident review and construction staking, and any other services normally associated with the Step 3 (Construction) phase, and WHEREAS, the City wishes to retain the Consultant to represent it and provide all engineering services involved in the Step 3 phase of the University Heights System not provided for in the original agreement, as amended, and WHEREAS, said Step 3 engineering services shall include the following specific services: 1. Prepare the application and supporting documentation for a Step 3 grant for funding of the Project. 2. Provide general services during construction, itemized hereinafter. 3. Provide resident review and construction staking. -1- 57 "z NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended agreement shall be further amended by adding the following paragraphs and subparagraphs relative to engineering services during the Step 3 (Construction) phase of the University Heights System. "STEP 3 GRANT APPLICATION. The Consultant shall prepare the application and supporting documents or the Step 3 grant. GENERAL SERVICES DURING CONSTRUCTION. The Consultant shall provide general services during construction, including: 1. Coordinate joint work plan at outset before commencing work. 2. Establish bench marks and/or base lines to permit starting construction work. 3. Consult with and advise the City and prepare routine change orders as required. 4. Coordinate work of testing laboratories. 5. Assist in interpretation of plans and specifications. 6. Review shop drawings and data of manufacturers. 7. Process and certify payment estimates of contractor to the City. S. Attend and conduct a preconstruction conference. 9. Make routine and special trips to the job site as required. 10. Provide written monthly progress reports to the City showing progress on the project. 11. Attend conferences with the City, contractors and public utility companies. 12. Make a final review after construction is completed to determine that the construction complies with the plans and specifications and, with the Director of Public Works, recommend acceptance of the work by the city. 13. Provide the City with two complete sets of plans showing the final construction. 14. Provide the City with copies of the resident engineer's and/or engineering technician's field notes and diaries on a weekly basis. RESIDENT REVIEW AND CONSTRUCTION STAKING. Resident review is understood to include the detailed observation and review of the work of the contractor and materials to assure compliance with the plans and specifications. -2- 2;K3 The Consultant shall provide resident review by assigning a resident engineer and/or engineering technician to the Project for such periods reasonably required to assure proper review of the work. The personnel assigned and the period of such assignment shall be such that a resident reviewer is on the jobsite whenever the contractor is working and is available for call from the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. Construction staking is understood to include the establishment of required bench marks and base lines for locations, elevations and grades of construction. For sewers, the Consultant shall establish offset line and grade hubs at manholes and at points 50 feet and 100 feet beyond manholes. The Consultant shall periodically check sewer elevations to determine the accuracy of laser equipment. For pavement, the Consultant shall set grade points at intervals of 25 feet at convenient distances from the centerline of street; elevations shall be set to gutter grade. SPECIAL CONDITIONS. The following special conditions shall apply to this Amendment: 1. The Consultant shall subcontract for not less than seven percent (7%) of the fees for services for grant -eligible improvements under this Amendment to a Minority Business Enterprise (MBE) capable of performing such services. Said services may include field inspection and surveys, and drafting of as -built plans. The subcontract and the utilization of the MBE shall be in accordance with the provisions of 40 CFR 35.936-7 and the construction grants notice of EPA Region VII of March 21, 1979, entitled IMPLEMENTATION OF POLICY FOR INCREASED USE OF MINORITY CONSULTANTS AND CONSTRUCTION CONTRACTORS and any amendment to said policy. 2. The provisions of Appendix C-1, required by 40 CFR 35.937-9(c) and attached hereto, are hereby incorporated by reference and made a part hereof and shall be adhered to by the Consultant. Should any provisions in Appendix C-1 conflict with any other provisions, Appendix C-1 shall control. 3. The Consultant shall provide qualified personnel, equipment, subcontractors and facilities necessary to complete the services outlined herein. All services set forth in this Amendment will be performed by the Consultant or under his supervision and all personnel engaged in the services will be fully qualified. 4. The Consultant shall not commit any of the following employment practices and agrees to include the following clauses in any subcontract: a. To discharge from employment or refuse to hire any individual because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. b. To discriminate against any individual in terms, conditions or privileges of employment because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. -3- Should the City abandon the Project, or any task therein, before the Consultant has completed the work, the Consultant shall be compensated for the work and services performed to the date of written notice of abandonment. Compensation shall be on the basis of the sum of Direct Labor Cost, other Direct Costs and Indirect Costs incurred to that date plus a percentage of the fixed fee based on the percentage of work completed for the task so abandoned. It is understood and agreed that the employment of the Consultant by the City for the purposes aforesaid shall be exclusive, but the Consultant shall have the right to employ such assistants as he may deem proper in the performance of the work subject to the approval of the City. The Consultant shall furnish the City with certificates of insurance by an insurance company licensed to do business in the State of Iowa stating that the insurance cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested, for the following specific coverages: Personal injury accident and/or death and property damage. The coverage provided shall be $250,000 each personal injury accident and/or death, $500,000 each aggregate personal injury accident and/or deaths and $50,000 for each property damage accident. b. Errors and omissions coverage in the amount of not less than $500,000. c. Workmen's compensation in the amounts required by law. It is understood and agreed that the scope of services set forth herein under GENERAL SERVICES DURING CONSTRUCTION and RESIDENT REVIEW AND CONSTRUCTION STAKING does not include engineering services required in connection with bid protests or services required for arbitration or litigation proceedings between the City and Contractor. Such services shall be considered as special services. This Amendment, and each and every portion thereof, shall be binding upon the successors and assigns of the parties hereto. COMPENSATION FOR STEP 3 SERVICES 1. The City shall compensate the Consultant for the work performed under Step 3 engineering services based on the actual costs incurred plus a fixed fee in accordance with EPA Forms 5700-41 (2-76) with attachments, attached to and made a part of this amendment. Maximum actual costs and the fixed fee for each component of the work shall be as shown hereinafter. Should the scope of work, as defined herein and on the grant application, change and should it be imminent that thereby the costs of performing the work shall exceed the above, a contract amendment must be negotiated and approved by grant amendment issued by the United States Environmental Protection Agency before such change in costs be approved by the City. -4- The Consultant shall submit monthly statements proportionate to total project work completed. Invoices shall be due and payable upon receipt and shall be paid by the City within thirty (30) days from date of receipt of invoice. Final payment will be made based on actual work accomplished, subject to the above conditions and written notice by the Consultant to the City of completion of the project. The fees of the Consultant shall be based on the costs of (1) Direct Labor Cost, (2) Indirect Costs, which constitute allowable overhead, (3) other Direct Costs, which constitute expenses of the Consultant, and (4) a Fixed Fee. For purposes of this Amendment, it is understood and agreed that the Indirect Costs (overhead) have been estimated at the provisional rate of one hundred fifty percent (150%) of direct labor. It is further understood and agreed by the parties hereto that the provisional rate is subject to upward or downward adjustments during the course of the Project, or after Project completion, based on the actual overhead rate during the period of service by the Consultant under this Amendment. For purposes of fee computations, the term Direct Labor Cost shall refer to the actual hourly wages, including hourly overtime wages, paid to persons employed on an hourly basis or, in the case of persons employed on an annual basis, the Direct Labor Cost shall be that person's annual salary, without bonuses or pension allowances or any other benefits paid to or on behalf of the person, divided by 2,080. It is understood and agreed that the hourly rates shown on the Forms 5700-41, or on other forms for non -eligible improvements, attached hereto, were used to develop a maximum fee and the actual hourly rates charged may vary upward or downward from those shown depending upon the actual rates paid to the employees involved in the work. It is further understood that the rates shown are intended to be applicable at the midpoint of completion of the tasks set forth in this Amendment. The term Indirect Costs, which constitute allowable overhead, shall include indirect salaries, group insurance, payroll taxes, pension plan, rent, utilities, office supplies and expense, engineering supplies and expense, postage and freight, repairs and maintenance, telephone excluding toll charges under this Amendment, professional card listings, library costs, dues and licenses, recruiting and education, administrative travel, miscellaneous administrative expense, computer fees, legal and accounting, amortization, depreciation and operating insurance. It is understood and agreed that Indirect Costs shall specifically exclude contact and sales expense, entertainment, interest expense, truck and auto expense, long distance telephone calls under this Amendment and officers' life insurance. -5- _7 � The maximum actual costs and the fixed fees, shown on Form 5700-41, shall be as follows: For general services during construction, the maximum amount chargeable under this Amendment for the actual costs incurred is Twenty-two Thousand Twenty and 00/100 Dollars ($22,02.0.00). The fixed fee for general services during construction is Three Thousand Eight Hundred Fifty and 00/100 Dollars ($3,850.00). For resident review and construction staking, the maximum amount chargeable under this Amendment for the actual costs incurred is Fifty-one Thousand Four Hundred Fifty and 00/100 Dollars ($51,450.00). The fixed fee for resident review and construction staking is Nine Thousand and 00/100 Dollars ($9,000.00). The undersigned do hereby covenant and state that this Amendment is executed in duplicate as though each were an original, and that there are no oral amendments that have not been reduced to writing in this instrument. It is further covenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Amendment nor have any of the above been implied by or for any party to this Amendment. Dated this 11th day of August , 1981. ATTEST: By City Clerk ATTEST: CITI OF IOWA CITT, IOWA :Q,�,i� 4VEENSTRA & KIMM, By, Presiden Reuivad 4 Approved 8Y The legal Department �.� d 6-�6 M 751% API eamx GI—ItEuunatD Paovlsiovs— C"SULTING F!NCINI:La1NG Acain i:NTs 1. General 2. Res,cembility of the Engineer 3. Scope of Work 4. Cheerers 5_TerminaLlon 6. Remedies 7 Pavmrnt 8 Prnn•ct Design 9 Audit; Aceem to Records 10. Price Reduction for Defective Cost or Pricing DALE I1. Snbruntrnc LS 12 labor Standard, 13. Equal Employment Opportunity 14. Utdvnuon of Small or Minority Ruso- ncss 15. Covenant Against Contingent Fees 16, 0. RWILICS 17. Patents 13. U.jpynghts and Rights In Data 1. GENERAL (aa The oamer and the engineer agree the . the following provisions apply to the EP grant -eligible work to be performed undr this agreement and that such provisions st - persede any conflicting provisions of ti agreement. (b) The work under this agreement funded In part by a grant from the U.S. E. vironmental Protection Agency. Neither l.` United States nor the U.S. Environment ! Protection Agency (hereinafter, "EPA") is a party to this agreement. This agreeme: !. which covers grant-ellgible work Is subje, . to regulations contained in 40 CPR 35.9.1 35.937. and 35.939 In effect on the date is execution of this agreement. As used 1•) these clauses, the words "the date of exec) tion of this agreement" mean the date ( execution of this ngrctment and any subn,• quent modification of the terms, compere.:.. ton or scope of services pertinent to unpe'- formed work. (c) The owner's rights and remedies pr vlded in these clauses are in addition to ar.v other rights and remedies provided by !a v or this a)freement. 2. RESYONSIRILITY OF THE ENGINEER (a) The engineer shall be responsible fcr the professional quality, technical accurst:,, timely completion, and the coordination c all designs, drawings. spocificatons, reporL:, . and other services furnLshed by the engi- neer under this agreement. The engineer shall, without additional Compensation, cor- rect or r,;viae any errors. omissions, or other deficiencies In his dust gm, drawings, speclf,- cations, reporx. and other services. tell The engineer shall perform such pre fmsinnal services as may be necessary to v+ compitsh the work required to be pvrfornted under this agreement. In arcnrdnnee will this agreement and applicable EPA r•qulre- menLs In effect on the date of ext•Gutiou of thus agreement. (C) The owner's or EPA's approval of drawmcS, designs, specifications. report•:, and incidental engineering work or materi- als furnished hereunder shall not in vie way relieve the engineer of ruponsiblllty for the technical adcgmacy of his work. Net. ther the owner's nor EPA's review, approval or acceptance of, nor payment for, any of the svrvlcvs shall tx- construed tip operate as a waiver of ane rights under this agreemert or of any cause of action aristng out of the performance of this agreement. Id) The engineer shall be and shall remain liable. in accordance with applicable law, fee NI damages to the owner or EPA caused by I= ne:r,. r', rrglegent performance of wry G( the services furnished und,•r this agree. ment• except for crrnrs, ombaioos or oth.a deficiencies to the exnGmt attributable to the owner• owner-furnu lied data lir any died Party. The enginter shall not be responsible for any time delays In the project caused ty circumstances beyond the engineeer's can. trot. Where innovative processes or tecle- n(ques (see 40 CFR 35.906) are recommend. ed by the engineer and are used 'the engi- neer shall be liable only for gross negligence to Uie extent of such use. a. SCOPE or WORK. The services to be performed by the engi- neer shill Include all services required to complete the Cask or Step In accordance with applicable EPA regulations (40 CF -t Part 35, Subpart E in effect on the date est execution of this agreement) to the ex(et.t of the scope of work as defined and set OL I In the engineering services agreemeat to which these provisions are attached. 4. CHANGES (a) The owner may, at any time, by writ• ten order. make changes within the gereend Scope of this agreement in the services cr work to be performed. If such changes cause an increase or decrease In the engincers cost of, or Lime required for, performance t f any services under this agreement, whether or not changed by any order, an equitable adjustment shall be made and this agree- ment shall be modified In waiting accordinl:- ly. The engineer must assert any claim fee adjustment under this clause In writing within 30 days from the date of receipt by the engineer of the notification of change, unless the owner grants a further period cf time before the date of final payment under this agreement. (b) No services for which an additional compensation will be charged by the eng'- river shall be furnished without the wr(tte:I authorlration of the owner. (c) In the event that there is a modlfice. tion of EPA requirements relating to the services to be performed under this agree. ment after the date of execution of this agreement, the Increased or decreased cost of performance of the services provided for in this agreement shall be reflected In Re appropriate modification of this agreement.. 5. TERMINATION (a) Either party may terminate this agree. ment. In whole or les part, in writing. If the other party substantially faits to fulfill Its obligations under this agreement through no fault of the t: rminating party. However, no such termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice (delivered by certified mall. return receipt requested) of Intent to terminate and (2) an opportuni- ty for consultation with the terminating party before termination (b) The owner may terminate this agree. ment, est whole or In part. In writing. for Its convenience, If the termination is for good cause (such as for legal or financial reasons. major changes In the work or program re. quirements. Initiation of a new step) and the engineer is given (3) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of Intent to terminate. and (2) an opportunity for consultation with the Lenr lnating party before termination. (c) If the owner terminates for default• an equitable adjustment In the price provided for In this cgrecmcnt shall be made, but it) no amount shall be allowed for anticipated profit on unperformed Services or other work, and (2) any payment due to the engi. liver at the Lime of termination may to so. lusted to the extent of any additional costs the owner Incurs because of the engineer's default. If the engineer terminates for de. fault or If the owner terminates for conven. lenee, the equitable adjustment shall In. clude a reasonable profit for services or other work performed. The equitable ad. justment for any termination shall provide for payment to the engineer for services rendered and expenses Incurred before the termination, In addition to termination set- tlement costs the engineer reasonably Incurs relating to commitments which had become firm before the termination. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the engi. neer shall (1) promptly discontinue Ell ser- vices affected (unless the notice direcs oth- erwise), and (2) deliver or otherwise make available to the owner all data, drawings. specifications, reports• estimates, summar. les, and such other Information and nacert- als as the engineer may have accumulated In,oerforming this agreement, whether com- pleted or In process. (et Upon termination under paral:raphs (R) or (b) above, the owner may take over the work and prosecute the same to comple. [Ion by agreement with another party or otherwise. Any work the owner lakes over for completion will be completed at the owner's risk, and the owner will hold harm- less the engineer from all claims ane dam- ages arising out of Improper use of the engi- neer's work. (1) If, after termination for failure of the engineer to fulfill contractual obligations, It is determined that the engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the owner. In such event, adjustment of the price provided for In this agreement shall be made as paragraph (G of this clause pro• vides. a. REMEDIES Except as this agreement otherwise pro. vides, all claims, counterclaims, disputes. and other matters in question between the owner and the engineer arising out of or re- lating to this agreement or the breach of It will be decided by arbitration if the parties hereto mutually agree, or In a court of com- petent jurisdiction within the State In which the owner Is located. T. PAYMENT (a) Payment shall be made In accordance with the payment schedule Incorporated In this agreement as soon as practicable upon submission of statements requesting Pay- ment by the engineer to the owner. If no such payment schedule Is Incorporated In this agreement, the payment provisions of paragraph (b) of this clause shall apply. (b) The engineer may request monthly progress payments and the owner shall make them as soon as practicable upon sub- mission of statements requesting payment by the engineer to the owner. Where such program payments are made, the owner mny withhold up to ten ( 10 1 percent of the vou. chered amount until satisfactory completion by the engineer of work and services within a step called for tinder this agreement. When the owner determines that the work under this agreement or any specified task hereunder is substantially complete and that the amount of retained percentages Is In excess of the amount considered by him to be adequate for his protection, he shall release to the engineer such excess amount. FE-:ERAL REGISTER, VOL 43, NO. 123—WEDNESDAY, SEP7FNSER D, 1973 7? -',f (c) No payment request made under Pat% graph (a) or (b) of this clause shad exceed the estimated amount and value of the work and services perforned by the engineer under this agreement. The engineer shall prepare the estimates of work performed and shall Supplement them with such Sup- porting data as the owner may require. (d) ttpon satisfactory completion of the work p^rforrned under this ngrcement, at a condition prrcedent to final payment under tlrs ncrecmrnt or to SIlUlcmcnt upon tcmi- natwn Of the agreement, the engineer shill exrnne ;Cod deliver to the owner a release of a-1 claims against the owner arising under or by urtLc of this ngrcement, other thin suer minims. If any. as may be speclflealy exe(-,p•.•d by the engineer from the oper- ation of the release In stated amounts to be set l..rin therein. S. PROJECT DESICN (a Sl the performance of this agreement. the 1:.meer shall. to the extent practicabe, pro, i .•: for maximum use of structures, rr.a• cl a products, materials, construction met.ud::, and equipment which are readily avai,.0):- through competitive procurement, or LUOngn standard or proven production techn,%Ls. methods, and processes, ConchI 'L- ent 'x:Lh Pent'x:Lh 40 CFlt 35.936-3 and 35.936-13 in effect On the date of execution of this agree- ment, ext•ept to the extent to which Innova- tive L.,ou:o.ogy may be used under 40 CFR 35.9 11 in effect on the date of execution of this WrI'ment. (b) ;*he engineer shall not. In the perform- ance of the work under this agreement, pro- duce a design or specification which wou d require the use of structures, machines. products, materials, construction methods. equipment, or processes which the englne,!r knows to be available only from a so e source, unless the engineer has adequate y justified the use of a sole source In writin ;. (c) The engineer shall not. In the perform once of the work under this agreement. pro• duce a design or specification which would be restrictive In violation of sec. 204(x)(6) ( f the Clean Water Act. This statute requir(n that no specification for bids or statemert of work shall be written In such a manner as to contain proprietary, exclusionary, or &L criminatory requirements other than those based upon Performance, unless such r(- quirement: are necessary to test or Clamor - strata a specific thing, or to provide for ne,- essary Interchangeability of parts An equipment, or at least two brand names or trade names of comparable quality or utility are listed opal are followed by the words "or veal" wnh ­vIrd to r,:ab-ril.., If a IMPbe ..:,,co,d, r. ,ngawer IouSt b•• �r;)arcd to suostantomc the basis for the s6cctiun Of the material. (d) The engineer shall report to the owmcr anv sol. --source or restrictive design or specl. flc-atton giving the reason or reasons why I, Is neecWary to restrict the design or speclfl. cation. ,e, The engineer shall not knowingly specify or approve the performance of work at a facility which Is in violation of clean air or water standards and whlch is listed by the Director of the EPA Office of Federal Activities under 40 CFH Fart 15. 9. AUDIT; ACCESS TO RECORDS (a) The engineer shall maintain books, records, documents. and other evidence dl- rectly pertinent to performance on EPA grant work under this agreement In Steer^_ once with generally aceepttd accounting prinr:ples And practices eorsLtentl.• So. plied, and 40 CFR 30.605. 30.805, and 35.93E- 7 In effect on the date of execution of the agreement. The engineer shall also main- tain the. lir."'bd Information and data used by the engineer to the preparation or sup- port of the cost submission required under 40 CFR 35.937-6(b) in effect on the date of execution of this agreement and a copy Of the cost summary submitted to the Owrier. The U.S. Environmental Protection Agency. the Comptroller General of the United States, the U.S. Department of Labor, owner, and (the State water pollution con- trol agency] or any of their duly allLhorizc(i representatives shall have access to such books, records. documents. and other evt- dence for Inspection, audit, and copyinz. The engineer will provide proper facilities for such access antl inspection. (b) The engineer agrees to include para- graphs (a) through (e) of this clause in all his contracts and all tier subcontracts di- rectly related to project performance that are In excess of 510.000. (c) Audits conducted under this provisicn shall be In accordance with generally ac- cepted :cepted auditing standards and established procedures and guidelines of the reviewing or audit agency'(Ics). (d) The engineer agrees to the disclosure of all Information and repor's resultlr g from access to records under paragraphs (a) and (b) of this clause. to any of the agencl,�s referred to In paragraph (a). provided that the engineer Is afforded the opportunity for an audit exit conference, and An opportunity to comment and submit any supporting dot- umentation on the pertinent portlors of th.e draft audit report and that the final audit report will Include written comments of rea- sonable length. If any, of the engineer. (e) The engineer shall maintain and make available records under paragraphs (a) =it (b) of this clause during performance on EPA grant work under this agreement and until 3 years from the date of final EPA grant payment for the project. In addition those records which relate to any "Dispute •• appeal under an EPA grant agreement, to litigation, to the settlement of claims ar6:- Ing out of such performance, or to costs cr hems to which an audit exception has been taken, shall be maintained and made availa- ble until 3 years after the date of resolution of such appeal, litigation. claim, or excep. Lion. 10. PRICE RIEDUCHON rOR DxYEC X" COST OR PRICING DATA (This clause Is applicable if the amount of the, agreement C1:ceeds 3100.000-) (a) If the owner or EPA determines that any price, including profit, negotiated In connection with this agreement or any eon reimbursable under this agreement was In- creased by any significant surra because the engineer or any subcontractor fumished in. complete or inaccurate cost or pricing d+ta or data not current as certatled in heti cerub. Catton of current cost or pricing data (EPA form 5700-41), then such price. cost, or profit shall be reduced accordingly and the agreement shall be modified in writing to reflect such reduction. (b) Failure to agree on A reduction shall be subject to the remedies clause of this agreement. (Note.—Since the agreement is subject to rrductionunder this clause by reason of da. fectilT frost or prtnn7 data snbm illed to eonnectmn t ,th certain subcontracts. (he mender may neva to Irc!ude e- <!dam td each such sNbcOntract requiring the subeon- imceor to appropriately tndrmntP4 the engt- 4e•r.:! to atJo e Pec:ed Mat anv se5rontrce- for subject to such indemnification will gen- erally reputre substantially similar indenmt- ficatton for defecttt•e cost or pricing data re- qutred to be submitted by his lover tier too - contractors.) 11. SUBCONTRACTS (a) Any subcontracWn and Outside awo- ciates or consultants required by the engi. neer In connection with services under Ihis agreement will be limited to such indi,,id. uals or It r, as were Specifically Identified and agreed to during negotiations. or as the owner specifically authorizes during the Performance of this agreement. The owner must give prior approval for any substmu- tlons in or additions to such subcontractors, assoctates, or consultants. (b) The engineer may not subcontract cer- vices In excess of thirty (20) percent (or — percent, If the owner and the enp- neer hereby agree) of the contract price W subcontractors or consultanes without the owner's prior written approval. 12. LABOR STANDARDS To the extent that this agreement in. volves "Construction-' (as defined by the Secretary of Labor), the engineer agrees that such construction work shall be sub,cct to the fallowing labor standards provisions. to the extent applicable: (a) Davis -Bacon Act (40 U.S.C. 27Ee- 276a-7); (b) Contract Work Hours and Safety Standards Am (40 U.S.C. 327-333); (c) Copeland Anti -Kickback Act (18 U.S.C. 874); and (d) Executive Order 11246 (Equal Employ- ment Opportunity): and implementing rules, regulations. and relevant orders of the Secretary of Labor or EPA. The engineer further agrees that this agreement shall Include and be subject to the "Labor Standards Provisions for Feder- ally Assisted Construction Contracts" (EPA form 5720-4) In effect at the time of execu- t1on of this agreement. la. EQUAL EMLOY.H OPPORTUNITY In accordance with EPA policy as ex. pressed In 40 CFR 30.420-5. the engumer agrees that he will not discriminate agauut any employee or applicant for employment. because of race, religion, color, sex, age, or national origin. 14. VrILIEATiON Or SMALL AND MTNORITr BOSIi.S5 In accordance with EPA policy " ex- pressed in 40 CFR 35.936-7, the engineer agrees that qualified small business and on. nority, business enterprises shall have the maximum practicable opportunity to par- Ucipatc In the performance of EPA grant - assisted contracts and subcontracts. 15. COV Et(ANT AGAINST CONTINGrNT FFES The engunCer warrants that no person or tilling agency hal been employed or re- tained to sohctt or secure this contract •ipon an agreement or understanding for a com- mission, percentage, brokerage, or cunt", gent fee. excepting bona fide employees. For breach or violation of this warranty the owner shall have the right to annul this agreement without liability or In its disrre. tion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commlssion, percentage, brokerageor rontingent fee. 16. GRATUITIES IS) If it is found. after notice and hearer. 3y the owner MAL Ine Ci14,neer. Or L.'i .,. PE3E.CA::EO;IST , VCL U. NO. IS3—WECNE50AT. tE7 fE.43E2 J, 1773 751_/ the engl serf s agents or repre'scruatl Cl'S, t L frred or gave gratuldrs tin the form of rn tertainmrnt. gifts. or otherwise). to any offb ced, employre. or agent of Lhr nwnec. of Li:e State, or of EPA :n an attempt to secure a contract or favorable treatment, in award. w4. ninending, or making any deLermma. lion; related to the performance of this a:rcr'ment. the owner may, b1' writt n n„ ,.,V to the engineer, terminate the richt of :hc erlguicer W proceed under this agree- mrm. The owner may also pursue other r.4: is and rrmrdies that the law or this agreement provides. However, the exlsterce of the facts upon which the owner low.es such findings shall be In issue and may be' reviewed In proceedings under the remed.es Clause of tn-: a,:reemrnL. (b) In the ie.ein this agreement is terror. rated as provided In paragraph (a) here'if. the owner shall be entitled: (1) To pursue the same remedies against the engineer ar. It could pursue in the event, of a breach of the Contract by the engineer. and (2) as a penal. ty, in addition to any other damages In which it may be entitled b1' law, to exempla. ry damages in an amount (as determined by the owner) which shall be not less than 3 nor more than 10 times the costs the engi. neer incurs In providing any such gratuities to any such off!cer or employee. 11. PATENTS It [Na agreement involves research. devel. opine -ital. experimental, or demonstration work and any discovery or Invention arises or is ne.rloped In the course of or under this :urrccment, such Invention or discovery shall be subject to the reporting and rights provisions of subpart D of 40 CFR part 30. In effect on the due of execution of this agreement, including appendix B of part 30. In such case, the engineer shall report the discovery or Invention W EPA directly or through the owner, and shall otherwise comply with the ow'ner's responsibilities In accordance with subpart D of 40 CFR part 30. The engineer ntlreM that the disposition of rights to Inventions made under this agreement shall be in accordance with the terms and conditions of appendix B. The en- gineer shall Include appropriate paLent pro. vislons to achieve the purpose of this condi- tion In all subcontracts Involving research. developmental, experimental. or demonstra- tion work. IA. CO"RIr H" AHD RIGHTS IN DATA (a) The engineer agrees that any plans. drawings, designs, specifications, computer programs (which are substanl.ially paid fpr with EPA grant funds). technical reports. operating manuals. and other work submit. led with a step 1 facilities plan or with a step 2 or step 3 grant application or which are specihed to be delivered under this agreement or which are developed or pro- duced and paid for under this agreement (referred to in this clause as "Subject Data") are subject to the rights In the Cnitrd Slides, as set forth In subpart D of 40 CFR part 30 and In appendix C to 40 CM part 30, In effect on the dale of execu- tion of this agreement. These rights Include the right to use, duplicate. and disclose such subject data, in whole or In part. In any manner for any purpose whatsoever, and to have others do so. For purposes of this clause, "grantee' u used In appendix C refer: to the engineer. If the material Ls co- pyrightable, the engineer may copyright it,. as appendix C permits, subjr..t to the righ Ls In the Government in appendix C. but the mwnrr a- .e Fcdcro— Government reser.e a royalty free, nonexclusive, and Irrevocable ::rrns„ to r,^vnn'see. publish. and use such materials, inwhole or In part, and to auLhn- rize others to do so. The engineer shall In. cludr appropriate provisions to achieve Lhe purpose of this condition in all subcontrarls expected to produce copyrightable subjeCL data. 'b) All such subject data furnished by the engineer pdrSdnnL to this agreement are In. struments of his services in respect of the Project. It Is understood that the engineer des not represent such subject, data W be suitable for reuse on any other project or for any other purpose. If the owner reuses the subject data without the engineer's spe- ci:m written verification or adaptation. such reuse will be at the risk of the owner. with. out liability to the engineer. Any such ver. iflcadon or adaptation will entitle the thin. neer to further compensation at rates agreed upon by the owner and the engineer. VCL 13, NO. 12E—WC0SF57AT, 5FP7U-FF: :7, !i:3 -7SQ Attachment No. 1 COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPAGRANTS I Form Approved (See accompanying Instructions before completing this form) I OMB No. 158-R0144 PART I - GENERAL 1. Grantee 2. Grant Number CITY OF IOWA CITY, IOWA I C190830 05 3..Name of Contractor or Subcontractorf 4. Date of Proposal Veenstra d Kim, Inc., Engineers 8 Planners I July 15, 1981 5. Address of Contractor or Subcontractor (With Zip Code) 1 6. Type of Service to be Furnished 300 West Bank Building 1601 22nd Street West Des Moines, Iowa 50265 PART II - COST SUM%MY Step 3 Engineering Services University Heights System General Services During Construction 7. Direct Labor (Specify Labor Categories) Estimated Hours Hourly Rate Estimated Cost Totals See Attachment 2 $ $ XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Direct Labor Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXX $ 6,956 S. Indirect Costs (Specify Indirect Cost Pools) Rate x Base = Estimated Cost XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Direct Labor Pool 1.50 S 6,956 $10,434 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Indirect Costs Total: XXXXXXXXX XXXXXXXXX XXXXXXXXXXXX 510,434 9. Other Direct Costs a. Travel (1) Transportation - Vehl (2) Per Diem ea XXXXXXXXXXXXXXXXXX Estimated XXXXXXXXXXXXXXXXXX Cost XXXXXXXXXXXXXXXXXX 960 XXXxxxxxxxxXxxxxxx b• Equipment, Materials, (Specify Categories)Suppl les I Quantityl Cost l EstCost d _ Copying, Printing and Duplicating S LS S 130 Telephone LS 500 Equipment Subtotal: XXXXX%XX XXXXXXXXXX 8 630 c. Subcontracts Estimated Review Shoo Orawlnas I S 2.400 1 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Subcontracts Subtotald XXXXXXXXXI XXXXXXXXXX $ 2,400 XXXXXXXXXXXXXXXXXX d. Other (Specify Categories) Estimated XXXXXXXXXXXXXXXXXX Cost XXXXXXXXXXXXXXXXXX $ XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Other Subtotal: XXXXXXXXX XXXXXXXXXX $ XXXXXXXXXXXXXXXXXX e. Other Direct Costs Total: XXXXXXXXX XXXXXXXXXX XXXXXXXXXXXX S 4,630 10. Total Estimated Cost $22,020 11. Fixed Fee S 3,850 12. Total Price _ I $25,870 EPA Form 5700-41 (2-76) 7-5-1 PART III - PRICE SUMMARY 13. Competitor's Catalog Listings, In -House Estimates, Prior Quotes Market Proposed (Indicate basis for price comparison) Price( s) Price XXXXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXxx 4 PART IV - CERTIFICATIONS 14. Contractor VEENSTRA d KIMM, Engineers d Planners 14a. Has a Federal Agency or a federally certified state or local agency performed any review of your accounts or records In connection with any other federal grant or contract within the past twelve months? X Yes No (If "Yes" give name and address and telephone number of reviewing office) EPA Region VII Audit Division Kansas City, Missouri 64106 816-374-5342 14b. This summary conforms with the following cost principles: 3WRIZiG&IME 14c. This proposal Is submitted for use In connection with and In response to (1) request of the the City of Iowa City This Is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) July 15, 1981 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been det , as a result of audit, not to have been complete, current and a urate ate a e. (3) July 15, 1981 Date of Execution Signet President Title of Proposer 15. Grantee I certify that I have reviewed the cost/price summary set forth herein and the proposed cost/price summary set forth herein and the proposed costs/price appear acceptable for suba�gr7eement award. V Date of Execution r Signature of Reviewer Authorized Representative Title of Reviewer 16. EPA Reviewer (If applicable) Date of Execution Signature of Reviewer of Reviewer EPA Form 5700-41 (2-76) Page 2 � z Attachment No. 2 to EPA Form 5700-41 (2-76) Iowa City, Iowa University Heights System EPA Project No. C190830 05 General Services During Construction 7. DIRECT LABOR (specify labor categories) 7s3 Estimated Hourly Estimated Hours Rate Cost Management Supervision 55 $30.00 $ 1,650 Construction Engineer 130 20.00 2,600 Project Engineer 48 15.00 720 Design Engineer 25 14.00 350 Assistant Construction Engineer 5 14.00 70 Draftsman 55 10.00 550 Technician 50 10.00 500 Executive Secretary 15 10.00 150 Secretary 36 8.00 288 Clerk 12 6.50 78 7s3 ;"4 (9L -Z) !t-OOLS wood Vd3 097'09S eoljd 1401 'ZI 000'6 S eaj PDXlj 'II 057'15$ }sop pa}aw1}53 18401 'Ol 091'91£ XXXXXXXXXXXX XXXXXXXXXX JXXXXXXXXX :1401 s}sop 40eJ10 J9440 •a XXXXXXXXXXXXXXXXXX $ XXXXXXXXXX T XXXXXXXXX :le}o}gnS j944-0 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX S XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX }Soo P9}0wl}s3 (seljo6e}po A;IoedS) ja440 'p XXXXXXXXXXXXXXXXXX 000'5 S XXXXXXXXXX XXXXXXXXX le}0}gn5 s}oej}uoogns XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX 000'5 $ AOIAeN }UGPJSOd pup 6ul)le}S uol}onJ}suoo XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX }sop pa}Pwl}s3 s4OPJ4uoognS •0 XXXXXXXXXXXXXXXXXX 09L S XXXXXXXXXX XXXXXXXX :le}o}qnS 4uawdlnb3 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX cob Sl euo4dalel XXXXXXXXXXXXXXXXXX OS£ $ Sl $ slelje}eW pup savD.}S ucl+onj}suoo XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX }sop pe}ew1}s3 }sop A4714uen0 (seljc5a}eo A;IoadS) sallddnS 'slelj94.e41 14.uswdlnb3 •q XXXXXXXXXXXXXXXXXX 007'6 $ XXXXXXXXXXXXXXXXXXXX :le}0}gnS IaA2Jl XXXXXXXXXXXXXXXXXX 009'9 S w910 gad (Z) XXXXXXXXXXXXXXXXXX 008'Z $ a6eaIIW 910148A - uol}e}jodsuejl (1) XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX }sop 1)9}awl}s3 IaAeJl •e XXXXXXXXXXXXXXXXXX s}sop 4-32JIn J840 '6 OBL'1ZS XXXXXXXXXXXX XXXXXXXXX XXXXXXXXX :Ie401 s4 -sop }OeJIpul XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX OBL'IZS OZ5'7ls 0911 food Fogel }oajl0 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX }sop P9}9wl}s3 = ases X a}eN (stood }sop 40a.i1pul A;IOadS) s}sop 43ai1pul 'B OZS'71$ XXXXXXXXXXXX XXXXXXXXX XXXXXXXXX :10401 -jogel 4-owl0 XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX $ S 7 }uawVe}}V eaS sIa}01 }sop ps}ewl}s3 a}eN AIJnoH sjnoH P11Pwl}s3 (seljo6a}eo jogel A;load S) Fogel 43aJ10 •L ANwNtns 1500 - II 1NVd ou I Ie}s uol}onj}suoo pup na1AaN 4.uaplsa8 m4.sAS s4-46191-1 A}ISJeAlun seolAJaS 6ulJ98u16u3 £ da}S 99Z05 Pno1 'seulcy, sa0 }sap.; }aaJ}S Pull 1091 bulPllne %ups }sap.00£ pa4sluunj aq o} e31AJ8S ;o edAl '9 I (sp00 dIZ 4}IFI) jo}0P0}uoognS Jo J040PJ4uO0 ;o ssaJppV 'S 1661 'Sl Alnp sJauueld 8 sJaaul6u3 '•0ul 'wwlX g P4sueaA IesOdoJd ;o a}ep •7 J040eJ4uoognS jo jo}oPj;uoo ;o aweti '£ 50 0£60610 wol 'Allo VN01 d0 w o jagwnN ;ueJg •Z as4uej0 •( lVN3N30 - 11NVd 77108-851 '0N BWO (wjo; sly} bul4eldwoo ajo;aq suol}onj}su1 6ulAuedw000e eaS) panojddV woj S1NVN0 Vd3 'S'n 830Nn S1N3W33N9Vsns NOB 1VNNO2 AeAwnS 3018d NO 1500 £ '( PART III - PRICE SUMARY 13. Competitor's Catalog Listings, In -Nouse Estimates, Prior Quotes Market Proposed (Indicate basis for Price comparison) Prica(s) Price xxxxxxxxxxxxxx XXXXXXXXXXXXXX xxxxxxxxxxxxxx PART IV - CERTIFICATIONS 14. Contractor VEENSTRA d KIMM, Engineers d Planners 14a. Has a Federal Agency or a federally certified state or local agency performed any review of your accounts or records In connection with any other federal grant or contract within the past twelve months? X Yes No (If "Yes" give name and address and telephone number of reviewing office) EPA Region VII Audit Division Kansas City, Missouri 64106 816-374-5342 14b. This summary conforms with the following cost principles: 41 CFR 1-15.4 14c. This proposal Is submitted for use In connection with and in response to (1) request of the the City of Iowa City This Is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) July 15, 1991 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pric to have been det e., s a result of audit, not to have been complete, current 14 occuro -date abo (3) July 15, 1981 , Date of Execution Signature o Pr o President Title of Proposer 15. Grantee Reviewer I certify that I have reviewed the cost/price summary set forth herein and the proposed cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. Data of Execution Signature of Reviewer Authorized Representative Title of Reviewer 16. EPA Reviewer (If applicable) Date of Execution EPA Form 5700-=1 (2-'6) Signature of Reviewer Title of Reviewer Pace 2 Attachment No. 4 to EPA Form 5700-41 (2-76) Iowa City, Iowa University Heights System EPA Project No. C190830 05 Resident Review and Construction Staking 7. DIRECT LABOR (specify labor categories) Estimated Hourly Estimated Hours Rate Cost Resident Reviewer I 960 $12.00 $11,520 Survey Chief 120 11.00 1,320 Survey Helpers 240 7.00 1,680 g5M,= 715% RESOLUTION NO. 81-212 / RESOLUTION AWARDING CONTRACT AND AUTHORIZIcva AAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT - PHASE II WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the best bid 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 Metro Pavers. Inc. for the sum of $394,266.45 , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. d It was moved by Roberts and seconded by Veyera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENTS x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 11th day of August , 19 81 ATTEST: It.OMfVW Ut AF? Ov9Cl By The Legal Deparfi:xry YA4-e— 9- � - & l CONTRACT THIS AGREEMENT, made and entered into this 1� day of 191_/, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and METRO PAVERS, INC. of Iowa City, Iowa party of the second part, hereinafter referred to as the "Contractor" WTTNFCCFTN- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 8th day of July e 19 81, for Scott Boulevard Paving Improvement Project, Phase II under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers One (1) b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation. Highway Division,'plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. 767 e. Spec_ Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. chat payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor ,!(Seal) _� (Seal ) D�--- a (Title) Mayor itle ATTEST: (Title) City Clerk ATTEST: rc o %S, 1 2 3 4 5 6 7 8 FORM OF PROPOSAL SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE II CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER.' Name of Bidder Address of Bidder Metro Pavers, Inc, P.O. Box 251 Iowa City, Iowa 52244 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda 1 , , and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, .or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ITEM DESCRIPTION Pavement, Standard P.C. Concrete, Class C, 8" Sidewalk, P.C. Concrete, 4" Asphaltic Cement Concrete, Type A, 3/8" Mix Concrete Removal Sewer, 2000 D Storm, 12" dia Sewer, 2000 D Storm, 15" dia Sewer, 2000 D Storm, 21" dia Sewer, 2000 D Storm, 42" dia. ESTIMATED' •UNIT EXTENDED UNITUAQ NTITY_ PRICE AMOUNT sq. yd. sq. ft. ton sq. , d. Iin. ..ft. lin. ft. lin. ft. lin. ft. 11,550 $,y $ 27,288 $ 931 93 $ j' $ 4/L 1,895�- r•f, � c 1,187 f1!- 224 167 %s7 The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City.of.Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH -FULL NAME OF ALL PARTNERS) FIRM: Metro Pavers Inc- :es nc President Title Iowau@ity, Iowa '$2244 Business Address P-2 757 ESTIMATED `1IT EXTENDED _M DESCRIPTION UNITUAQ NTITY ;ICE AMOUNT, 9. Intake, RA -3 each 9 10. Intake, RA -5 each 4 11. Intake, RA -8 each 14 $ i Z• C� 12. Manhole, Type A, as per plan each 5 $' r, O r>r7, Cf - f13. 13. Manhole, Special, as per plan each 1 $ 5 r�r 14. Excavation, Class 10, Roadway & 15,690 047 - $�_ $ `/ �= Borrow Borrow cu. yd. 15. Clearing & Grubbing % of schedule 517.3 $•'5��" 16. Seeding, Fertilizing & Mulching acre 4.5 $ 57o cr �,Jr 17. Fence, Field, Type 39, Installed stas. 14.4 $ 1 n 0 �$ 'L 5_V1 r� 18. Gabions each 190 $_ $ r 19. Aprons, Concrete 42" dia. each I . $ On. 5 O� P0, Rip -Rap, as per plan cu. yd. 6 21. Plantings, as per plan lump sum !_ _ 22. Aprons, Concrete 15" dia. each 2 h $ / i r $ J 0O.. 4 �- TOTAL BASE BID AMOUNT $ ! �!' I• %, The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City.of.Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH -FULL NAME OF ALL PARTNERS) FIRM: Metro Pavers Inc- :es nc President Title Iowau@ity, Iowa '$2244 Business Address P-2 757 PERFORMANCE AND PAYMENT BOND #418-924 KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers, Inc., Iowa City, Iowa (Ib:rc insert the nacre and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and Merchants Mutual Bonding Company, Des Moines, Iowa as Surety, hereinafter (fere insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount ofThPP H1ndrPA'Ninaty-Four Thousand Two Hundred Sixty -Six and 45(100 ____------_ Dollars ($ 394,266.4h for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement datedt „ , - -�1981 --- 19 , entered into a Contract with Owner for... SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE II In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall he null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: %s1 1. Complete the Contract in accordance with its terms and conditions, or 2. obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall_ mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of five 5 years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 7517 IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall,in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS lith DAY OF August, A.D., 19s1• IN THE PRESENCE OF: METRO PAVERS, PrincipalINC. /L1 Wi ess T! tl e nnMnTNTG ure y WitnessJ s E. Thompso Tit Attorney-in-fact 7J' MERCHAr > MUTUAL BONDIr COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS MUTUAL BONDING COMPANY, a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of fes Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint C.B. Condon, G.A. LaMair II, Carl J. Grant Jr., James E. Thompson, James E. Norris, F. Melvyn Hrubetz INDIVIDUALLY of Des Moines and State of Iowa its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: ANY OR ALL BONDS OR UNDERTAKINGS, PROVIDED THAT NO BOND OR UNDERTAKING EXECUTED UNDER THIS AUTHORITY SHALL EXCEED IN AMOUNT THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby mGfied and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE 2, SECTION 5A. -The Chariman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." In Wimess Wheq!of, MERCHANTS MUTUAL BONDING COMPANY has caused these presents to be signed by its Vice Presidents, and its corpomte seal to be hereto affixed, this 18th day of May A.D., 19 81 Attest: STATE OF IOWA COUNTY OF POLK 5 -A -III MERCHANTS MUTUAL BONDING COMPANY By V ✓o.rtf • 6 J1, J Off; cb: E+mmive Vire PresiEmr •'' 0 31 On this 18th day of May .19 81 , before me appeared M.J. Long and William Warner, to me personally known, who being by me duly swom did say that they arc Vice Presidents respectively of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing imtrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. IJNaiaq PaNic, Potk County, lu� (/ t IOWA hfY Commuzian EIDiIfI y0r••.'�P STATE OF IOWA 9-30-82 QR I AL r' ;•' COUNTY OF POLK L M. J. Long, Vice President of the MERCHANTS MUTUAL BONDING COMPANY, do hereb foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MERCH e,,, which is still in force and effect. .y In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at this 11th day of August 19, 81 a This power of attorney expires Until Revoked 1 11ra%ealjove and ;Xml-wi C�PNY, • Z yUfNES.; . 7S7 z. , f Insuranct THIS CERTIFICATE IS ISSUCt lk MATTER OF INFORMATION ONLY AND CONFERS, THIS CERTIFICATE DOES: NOT ItMfND� EXTEND OR ALTER -THE COVERAGIf AFFORDED BY GIVES UPON THE CERTIFICATE HOLDER. THE POLICIES LISTED BELOW NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES LaMair-Mulock-Condon Co. 907 Walnut Street COMPANY A Iowa LETTER National Mutual Ins. Co. Des Moines, Iowa 50309 COMPANY O i LETTER NAME AND ADDRESS OF INSURED Metro Pavers, Inc. COMPANY LETTER P.O. Box 251 COMPANY Iowa City, Iowa 52240 LEITER LEITER COETTEflMPANY E i L This is to certify that policies of insurance listed below have been Issued to the Insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY POLICY Limits of Liabilit in Thousands ) EACH AGGREGATE LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION GATE OCCURRENCE A GENERAL LIAMLITY CCC 80 145 206 4-25-82 BODILY INJURY $5o0 s 500 FORM 111�2COMPREHEN'SIVE LIPREMISES—OPERATIONS PROPERTY DAMAGE s200 $ 200 L$$ E�JE�XPLAOSAIRODN AND COLLAPSE Coverage applies only *� I�UNDERGROUND HAZARD to Street or Road PRODUCTS/COMPLETED Construction#16125313 OPERATIONS HAZARD Ek BODILY INJURY AND LACONTRACTUAL INSURANCE BROAD FORM PROPERTY PROPERTY DAMAGE COMBINED $ s DAMAGE INDEPENDENT CONTRACTORS 500 PERSONAL INJURY PERSONAL INJURY II , A AUTOMOBILE LIABILITY CCC 80 145 206 4-25-82 BODILY INJURY II 250 J (EACH PERSON) aR COMPREHENSIVE FORM BODILY INJURY $ 500 L.A OWNED (EACH ACCIDENT) LJ[HIRED PROPERTY DAMAGE s NON-0WNED BODILY INJURY AND $ PROPERTY DAMAGE COMBINED A EXCESS LIABILITY Cn 48 120 946 4-25-82 BODILY INJURY AND ER UMBRELLA FORM PROPERTY DAMAGE s 1,000 s1,000 ❑ OTHER THAN UMBRELLA COMBINED FORM A WORKERS' COMPENSATION WC 30 495 803 4-25-82 STATUTORY and EMPLOYERS' LIABILITY II 100 (EXHACCIDHrt) OTHER DESCRIPTION OF OPERATIONSYLOCATIONSNEHICLES Project: Scott Boulevard Paving Improvement Project Phase II Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will7tRJ3M(gn:bp mail —3 0 days written notice to the below named certificate holder, IXAAkJLK§LkX '5t:?hFS�f�'R�@f�2�kiE3�A NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Iowa City, Iowa GATE ISSUED Iowa City, Iowa 52240 LA MAIR - MULOCK - CONDON CO. C AUTHORIZED R SENTATI ACORD 25 (1.79) [� 7-s RESOLUTION NO. 81-213 A RESOLUTION AUTHORIZING THE EXECUTION OF THE URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT. WHEREAS, the United States of America by and through the Urban Mass Transportation Administration, Department of Transportation, is offering financial assistance to local public authorities in the form of a capital grant under the Urban Mass Transportation Act of 1964, as amended, to provide for the undertaking of an urban mass transportation capital improvement project, and WHEREAS, the City Council of the City of Iowa City, deems it in the public interest to accept the United States government's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager be authorized to execute and the City Clerk be directed to certify the attached contract. It was moved by Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of August 1981. �� �' YOR� ATTEST: CITY CLERK Received & Approved By The legal Department wwmb6 UNITED STATES OF AMERICA ,EPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION NOTIFICATION OF GRANT APPROVAL 49 U.S.C. 5 1602 (SECTION 3 - CAPITAL ASSISTANCE) AMENDATORY AGREEMENT Project No. IA -03-0015 Amendment No. 01 GRANTEE: Iowa City, Iowa PURPOSE OF THIS AMENDMENT: TO revise the existing grant contracts to include the current standard tF-.xms and conditions to increase the project scope to add additional capital imprc-ve pnts. No additional funding is required. ESTIMATED TOTAL PROJECT COST AFTER THIS AMENDMENT: $1,345,680 (One Million, Three Hundred Forty -Five Thousand, Six Hundred Eighty Dollars) ESTIMATED NET PROJECT COST AFTER THIS AMENDMENT: $1,339,790 (One Million Three Hundred Thirty -Nine Thousand, Seven Hundred Ninety Dollars) MAXIMUM FEDERAL SHARE AFTER THIS AMENDMENT: $1,071,832 (One Million Seventy -One Thousand, Eight Hundred Thirty -Two Dollars) OBLIGATION DATE OF ORIGINAL. AGREEMENT AND DATE(S) OF AMENDMENT(S): March 4, 1976 (Original) July 23, 1981 (This Amendment) SOURCES OF FEDERAL FINANCIAL ASSISTANCE: Code a Year Description Total 31.10.00.00 1976 Urban Discretionary $1,071,832 DATE OF SECTION 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: October 30, 1975 (Original) March 25, 1981 (This Amendment) PROJECT DESCRIPTION AFTER THIS AMENDMENT: a) Purchase 20 35' diesel buses b) Purchase and installation of 16 mobile two-way radio units, one base station and antenna c) Purchase and installation of nine registering fareboxes and coin sorter d) Contingencies -IXmly/ DATE r&-GIONAL ADMINISTRATOR 7s9 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 49 U.S.C. § 1602 (SECTION 3) PART I THIS GRANT, effective on the date specified in the Notification of Grant Approval is entered into by and between the United States of America ("Government") and the Grantee named in the Notification of Grant Approval. In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transpor- tation capital improvement project ("Project") with Government financial assistance to the Grantee in the form of a capital grant ("Grant"), under Section 3 of the Urban Mass Transpor- tation Act of 1964, as amended, ("Act"), and to state the terms -and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project facilities/equipment used. Sec. 2. The Project - The Grantee agrees to undertake and complete the Project, and to provide for the use of the Project facilities/equipment, substantially as described in its Application, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant. The "Project Descrintion" on the Notification of Grant Approval describes the Project to be funded under this Grant. Sec. 3. The Grant - In order to assist the Grantee in financing that portion of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Project facilities/ equipment are to be used ("Net Project Cost"), such Net Project Cost being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to eighty percent (808) of the Form UMTA F 2000 Rev. 5/20/80 Page 1 actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Maximum Federal Share in the Notification of Grant Approval, whichever is the lesser. However, if this Grant is an Amendment to a prior Grant and if the Government's share was limited to 66 2/3o under that Grant, then that limit shall continue to apply in calculating the Government's share of the Net Project Cost as approved on the date of the original Grant and the data of any Amendment subject to such 66 2/30 limit. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exeed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted or drawdowns under letter of credit are made. The Grantee agrees that it will provide from sources other than (a) Federal funds (except as may otherwise be authorized by federal statute), (b) receipts from the use of the Project facilities/equipment, or (c) revenues of the public transportation system in which such facilities/equip- ment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 4. Use of Project Facilities/Equipment - The Grantee agrees to observe the property management standards as set forth in OMB Circular A-102, Attachment N, or OMB Circular A-110, Attachment N, as appropriate, as now or hereafter amended. Exceptions to the requirements of Attachment N must be specifically approved by UMTA. If, during the period, any Project facilities/ equipment aie not used in mass transportation service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of the property, which shall be determined on the basis of the ratio of the Grant made by the Government to the actual cost of the Project. Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public sale, whichever is approved by UMTA. In the event of loss due to casualty or fire, the damages paid by the insurance carrier or payable from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. Page 2 7.61 The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases where Project facilities/equipment are used in a manner substantially different from that described in the Project Description. The Grantee shall maintain in amount and form satisfactory to the Government such insurance or`self-insurance as will be adequate to protect Project facilities/equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Grantee shall also submit to the Govern- ment at the beginning of each calendar year during such period, a certification that the Project facilities/equipment are still being used in accordance with the terms of this Section and that no part of the local contribution to the cost of the Project has been refunded or reduced. Sec. 5. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Act, 49 U.S.C. § 1609(c), and Department of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification to the Government from the Department of Labor on the date set forth in the Notification of Grant Approval, which letter and any documents cited in that letter are incorporated into this Grant by reference. The Grant is subject to the conditions stated in the Department of Labor letter. Sec. 6. Procurement of Rolling Stock and Buses - In accordance with any guidelines issued by UMTA the Grantee shall make third party contract awards for the acquisition of rolling stock, including buses, only after consideration of performance, standardization, and life -cycle costs, in addition to the consideration of initial capital costs. Where necessary, the Secretary will assist the Grantee in making such evaluations. Page 3 -/607- Sec. 7. The Grant - This Grant consists of the Notifi- cation of Grant Approval; this Part I, Form UMTA F 2000, Rev. 5/20/80, entitled Grant; and Part II, Form UMTA F 5E, Rev. 5/20/80, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the grant award letter include special conditions for this Project, that letter is incorporated herein by reference and made part of this Grant. The approved Project Budget is incorporated herein by reference and made part of this Grant. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the Federal grant shall only require prior authorization from UMTA and the issuance of a New Project Budget. Sec. 8. Execution of Grant - This Grant may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. When signed by the Government, this Grant should be executed by the Grantee within ninety (90) days after the Obligation Date. The Government may withdraw its obligation hereunder if the Grant is not executed within the above ninety -day period. The effective date of the Grant shall be the Obligation Date. The Grantee does hereby ratify and adopt all statements. representations, warranties, convenants, and materials submitted by it, and does hereby accept the Government's award of financial assistance and agrees to all of the terms and conditions of this Grant. Executed this / _f_A ATTEST: E -T(TiT E AND RGAI ZP ION TITLIU AND ORGPLNIZATIcT Page 4 763 Certificate of Grantee's At I, aU;� E, wv� acting as Attorney for the Grantee do he y cer y that I have examined this Grant and have ascertained that execution of the Grant was authorized on the date of 11 1901. A copy of this authorization is attached or haf previously been submitted to UMTA. The execution of this Grant and the proceedings taken by the Grantee are in all respects due and proper and in accordance with applicable State and local law. I further certify that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof and certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Grant. Dated this 184_ day of A 19 61 OS?NXATOURE A55+. CC-41 TITLE AF O A I ION Page 5 7wl,�rz UNITED STATES OF AMERICA DEPARDEM OF TRANSPORTATION UREAN MASS TRANSPORTATION ADMINISTRATION WASHU4=, D.C. 20590 '1: 1• •• • Y• • • N'1�19 I] PART II 14 �L�:ldl•Z�•�t•7YYN �I:. for Projects under Section 3, 5, 6, or 8, of the Urban Mass Transportation Act of 1964 as amended 49 U.S.C. 5 1601 et seq., for Mass Transportation Projects under the Federal -Aid Highway Act of 1973, as amended, 23 U.S.C. § 103 et seq., or for Section 175 of the Clean Air Act Amendments of 1977, 42 U.S.C. 5 7505. Y?TPA F 5E V20/80 :70-5 1 :: • �•�/Mai/0. Section 101. Definitions...........................................1 Section 102. Accomplishment of the Project .........................2 107. (a) General Requirements........ ...................2 108. (b) Pursuant to Federal, State and Local law ......... 2 109. (c) Flans of the Recipient ...........................2 (d) Submission of Proceedings, Contracts, and Other (a) Equal Employment Opportunity.. ................8 DocUMMts.......................................3 (e) Changed Conditions Affecting Performance ......... 3 (f) No Government Obligations to Third Parties ....... 3 (g) Land Acquisition Policy ..........................3 Section 103. The Project Budget....................................3 Section 104. Accounting Records....................................3 (a) Project Accounts ......... ......................3 (b) Funds Received or Made Available for the Project.........................................3 (c) Allowable Costs..................................4 (d) Docum'-ntation of Project Costs...................4 (e) Checks, orders and Vouchers......................4 (f) Audit and Inspection .............................5 Section 105. Requisitions and Payments .............................5 (a) Request for Payment by the Recipient.............5 (b) Payment by the Government ........................5 (c) Disallowed Costs.................................6 (d) Letter of Credit.................................6 (e) Interest on late Payments ........................7 Section 106. Right of Government to Terminate ......................7 Section 107. Project Completion, Settlement and Close -Out .......... 7 Section 108. Contracts of the Recipient ............................7 Section 109. Restrictions, Prohibitions, Controls, and Tabor Provisions..........................................8 (a) Equal Employment Opportunity.. ................8 (b) Small, Minority and Women's Business Enterprise.. .............. ..................8 (c) Title VI - Civil Rights Act of 1964 .............. 1Q (d) Competitive Bidding .............................. 10 (e) Ethics ........................................... 10 (f) Interest of Members of or Delegates to Congress ........................................ 11 Section 110. Construction Contracts ................................ 11 (a) Nondiscrimination ................................11 (b) Specifications...................................14 (c) Notice.......................................21 (d) Labor Provisions ................................. 22 (e) Changes in Construction Contracts ................ 29 (f) Contract Security................................29 (g) Insurance During Construction .................... 29 (h) Signs ............................................ 29 (i) Liquidated Damages Provision ..................... 30 (j) Provisions of Construction Contracts............. 30 (k) Actual Work by Contractor ........................ 30 (1) Force Aowunt.................................... 30 (m) Safety Standards..................................30 716k L I/ siseq bulTruiguw pue zeTn6ai a uo OiTgnd ark a4 (aOWas 6Ura9s4OTs zo za4zecio 'sasnq TOOL1os anPnTOuT g011 gnq) aotnras uopegsodsues; TeiOads ao jezaua6 OtTgnd ayg og saPinozd cplTIm 'paUMo ATagenT d ao AToTTgnd xaxMa 'aoueAantm sago z0 TTe3 'snq Aq uopeg.zodsuer; sUeau pue uotgegxodsuezg 0zjgnd sapnTOtrr „uorgegmdsuea,L sseW„ AjgeabuePxaguz zag3maxai Pasn (,EM) Uoiges4sTu7uW UOT4eg3OdSUeSy sseW uegin agg IAoua6y sgi ao (im) Uoigegsodsue u go wauq.zedala atP ' C0ua6y gUL'ZTU W Sgi 30 'e0irauN ;o sagegS Pagrrgl ay4 SUeau „guamulana�„ •439COid 6144 Og ajgeOTldde SantgOarrP JCG Pue %MC osje axe asar;L !S4040Lzd Panosdde 6u-raa4siUnupe m; aouepTn6 pue 'sampeoazd 6UTSSa00Sd UOTgeOzjdde 's=a6oad van aq4 gnoge UOTgemo;uT sguasaad goTT4m '9M4 geyg ;o jenuetu jgm guaoai gscui arp supau ,;jenmw 6uTgeiadp Tuuxa4Ci„ •40a;;a io aOio; TAT ou aneg TTugs SUorg -egazdraquT ao uotssTmaad T12JO •pagegs XTJeajO ST Uoisszmrad peoaq y0ns ssaTun sgoe .Tejzurrs qTm ao uuo;rad oq Uotssnuiad agn4T-4suoo gru TTe4s g0e oTjToads a ;o uoissTiuD jo aoueuuo;rad ap'} 6ur4gTuuad ranTem zo 'aoua=Lx= 'uoTgez-r=g4ne 'Tenozdde uy •uorssnaLTad c{Ons gnoyguA peggruD ao pe=o;.rad aq you PTS uon;m gait sTLp og guensmd 40e up qTm so uuo;rad og 4uaidT3aH Gtp Og uOtsspnrad 6U 7:RMJ6 guaW-UaAOD ayg ;o jeTOTjjo pazisor{gne ue Aq g0e uaggi.Tnr 'snOTOSUOo a MMM ,XaATLIM 'aOuaiTnOUCO 'uoTgezTsa.r4ny 1jeno3ddy„ •_ • E •M wu pagdaooe uaaq sey Lp?T{M ' guaid road ap 3o 3Tm aci uo zo Lq %MU LPTm PaTT; azo;ogarar{ sguaunOOP A-m4uamTddns PUP '6UTgioddns 'facgvueTdxa TTe LpTm xxpabog 'goa£o.1d at4 m; a0ue4sisse TuToueui; TemPa3 =o3 papuaue aq Cew se jesodozd PeP puppau6ts acp suck „uor;eocjddy„ : gUaMQ-'E6V STrj; UT Pass sy • SUOTgTUT;aa *TOT UO14-)aS '£L6T ;0 g07 XPI'%g6?H PTV-Te3aP83 9141 i0/Pue ' PaPUaue Se 'V961 3O WV uo?ge: iOdsue•r,L sseW uegan atp ;o suoisinozd ayg iapun aouu4STSSe Te?OUO-T3 Tesapa; -jo; 6urprnozd S[SIIm2iT! ar{g 3o gsed 6U?qngrgsuoo • U •• 1f • • -Ne A►... cl cct..i W Submission ofProceedings, Contract and Other Documents. The Recipient t to the Government such data, reports, records, contracts and other documents relating to the Proiect as the Goverment may require. The Recipient shall retain intact, for three years following Project close -cut, all Project documents, financial records, and supporting documents. (e) Chan ed Conditions Affect' Performance. The Recipient shall immedi- ate y nota y iMrA o anychange in conditions or local law, or of any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. (f) NO Govenament Obli aticns to Third Parties. The Government shall not jest to anyobligations or i i ities by contractors of the Recipient or their subcontractors or any other person not a party to this Aareement in connection with the performance of this Project without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or sub- contract or the solicitation thereof. (g) Iand Acquisition Policy. Any acquisition of land for use in connection wi�ject must conform to the policies and procedures set forth in 49 C.F.R. Part 25 and applicable Circulars. Section 103. The Prosect Budget. A Project Budget shall be prepared and maintained by the Recipient. 7he Recipient shall carry out the Project and shall incur obligations against and make disbursements of Project Funds only in conformity with the latest approved budget for the Project. Section 104. Accounting Records. (a) Project Accounts. The Recipient shall establish and maintain as a separate set of accounts, or within the framework of an established accounting system, accounts for the Project in the manner consistent with Office of Management and Budget (UB) Circular A-102, as amended, or A-110, as may be appropriate. (b) Funds Received or Made Available fore Project. In accordance with the provisions of CM = r A- H an:!, as amenaea, or A-110, as may be appropriate, the Recipient shall record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all Project payments received by it from the Government pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, ("Project Funds"). Any balances exceeding the FDIC coverage must be collaterally secured as provided in 12 U.S.C. S 265 and inplementing regulations or in applicable WM procedures. A separate bank account may be required when drawdowns are made by letter of credit. 3 W Audit and Inspection. The Recipient shall permit, and shall inquire its ccntractore to permit, the Secretary and the Compt=11ar General of the United States, or any of their duly authorized rospresentatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, arca to audit the books, records, and accounts of the Recipient and its contractors with regard to the Project. Recipients that are State or local governments or Indian tribal govern- ments shall be responsible for meeting the audit requirements of CFS Circular A-102, Attactmennt P, or any revision or supplement thereto. The Recipient is responsible for auditing third party contracts and agreements. UI -VA also may require the Recipient to furnish at any time prior to closeout of the Project, audit reports prepared in accordance with generally accepted accounting principles. In the case of Section 5 operating Projects, subsequent to the close of the local fiscal year for which which operating assistance is sought, the Recipient shall furnish a final audit report prepared by a State or local government independent audit agency or an independent public accountant which shall include as a minimsn a Statement of Revenue and Expense, a Statement of Changes in Financial Position, and a Maintenance of Effort Calculation of the mass transportation operator for the assisted local fiscal year. Section 105. Requisitions and Payments. (a) Requests for Payment by the Recipient. The Recipient may make requests or payment o eeralsshare of allowable costs, and LMA will honor such requests in the manner set forth in this section. Payments made to Recipients mist comply with 31 C.F.R. Part 205. Recipients shall follow the procedures set forth in UKM Circular 9050.1. In order to receive federal assistance payments, the Recipient mist: (1) eanpletely execute and submit to UMTA the information required by Standard Form 270; (2) submit to UMIA an explanation of the purposes for which costs have been incurred to date or are reasonably expected to be incurred within the requisition period (not more than 30 days after the date of submission); (3) demonstrate or certify that it has supplied local funds adequate, when cxmbined with the federal payments, to cover all costs to be incurred to the end of the requisition period; (4) have submitted to UMPA all financial and progress reports required to date under this Agreement; and (5) identify the source(s) of financial assistance provided under this Project fran which the payment is to be derived. (b) Payment bx the Government. Upon receipt of the requisition and the acoampanyrnhg irfonmation in satisfactory form, the Government will prpoess the requisition ii the Recipient is oomplying with its obligations pursuant to the Agreement, has satisfied UWA of its need for the federal funds requested during the requisition period, and is making adequate progress towards the timely completion of the Project. If all of these c-cumetances ar^ found to exist, 5 7J; (6) Section 105(a), (b), and (c) above remain effective to the extent that they do not conflict with the provisions of section 105(d). (e) Iffiest on Late Pa ts. Upon notice by LHM to the Recipient of specs rc ss is Governmeent, the Recipient shall promptly snit any excess payment of amounts or disallowed costs to UMTA. Interest may be assessed from the time of notice and charged for any amounts due to the Government that are not paid as set forth in the Treasury Fiscal Rixpuirements Manual. Section 106. Righme t of Goverrent to Terminate. Upon written notice to the Recipient, the Government reserves the right to suspend or terminate all or part of the financial assistance provided herein if the Recipient is, or has been, in violation of the terms of this Agreement or if LRM determines that the purposes of the Act would not be adequately served by continuation of federal financial assistance for the Project. Any failure to make progress or other violation of the Agreement which significantly endangers substantial performance of the Project within a reasonable time shall be deemed to be a violation of the terms of this Agreement. Termination of any part of the financial assistance will not invalidate obligations properly incurred by the Recipient and concurred in by UMTA prior to the date of termination, to the extent they are noncancellable. The acceptance of a remittance by the Government of any or all Project Finds previously received by the Recipient or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Government may otherwise have arising out of this Agreement. Section 107. Project Completion, Settlement, and Close-out. Upon successful impletion of the Project or upon termination by UMTA, the Recipient shall, within 90 days of the completion date of the Project, submit a final Financial Status Report (Standard Form 269), a certification or summary of Project expenses, and third party audit reports, when applicable. Upon receipt of this information, =A or an agency designated by LIIITA will perform a final audit of the Project to determine the allowability of costs incurred, and will make settlement of the federal grant described in Part I of this Agreement. If U II'A has made payments,to the Recipient in excess of the total amount of such federal assistance, the Recipient shall promptly snit to UMTA such excess and interest as may be required by section 105(e). Project closeout occurs when UMTA notifies the Recipient and forwards the final grant payment or when an appropriate refund of federal grant funds has been received fmn the Recipient and acknowledged by UMTA. Close-out shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgement from UMTA. Section 108. Contracts of the Recipient. The Recipient shall not execute any lease, pledge, mortgage, lien, or other contract touching or affecting Project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to the Project, unless such lease, pledge, mortgage, lien, contract, or other obligation is expressly authorized I n writing by DOT; nor shall the Recipient, by any act or omission of any kind, impair its continuing control over the use of Project facilities or equipment during the useful life thereof as determined by DOT. 7 77d (2) MBE Obligation. The Reoipient and its contractors agree to ensure that minority business enterprises as defined in 49 C.F.R. Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard all Recipients and contractors shall take all necessary and reasonable steps in accordance with 49 C.F.R. Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT - assisted contracts. (3) If as a condition of assistance the Recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the Recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 C.F.R. Part 23, Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the ability of the Recipient to obtain future DOT financial assistance. (4) The Recipient stall advise each subrecipient, contractor, and subcontractor that failure to carry out the requirements set forth in 23.43(a) shall constitute a breach of contract and, after the notification of the Department, may result in temnination of the Agreement or contract by the Recipient or such remedy as the Recipient deems appropriate. (5) Recipients shall take.action concerning lessees as follows: (A) Recipients shall not exclude MBE's from participation in business opportunities by entering into long-term, exclusive agreements with non -MBE's for operation of major transportation -related activities for the provision of goods and services to the facility or to the public on the facility. (B) Recipients required to submit affirmative action programs under section 23.41(a)(2) or (a)(3) that have business opportunities for lessees shall submit to the Department for approval with their programs overall goals for the participation as lessees of firms owned and controlled by minorities and firms owned and controlled by women. These goals shall be for a specified period of time and shall be based on the factors listed in section 23.45(g)(5). Recipients shall review these goals at least annually, and wherever the goals expire. The review shall analyze projected versus actual ISE participation during the period covered by the review and any chandos in factual circunstanoes affecting the selection 0 7,;71 1. the employee, officer cr agent; 2. any member of his itmediate family; 3. his or her partner; or 0 4. an organization which employs, or is about to employ, any of the above. The oode shall also provide that the Recipient's officers, employees or agents shall neither solicit nor accept gratuities, favus or anything of monetary value 9= contractors, potential contzwtors, or parties to subagree ante. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited iter of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the Recipient's officers, employees, or agents, or by contractors or their agents. (f) Interest of Members of or Delegates to Congress. No member of or delegate to Congress a United =shA l be admitted to any share or part of this agreement or to any benefit arising therefrm. Section 110. Construction Contracts. (a) Nondiscrimination. The Recipient hereby agrees that it will incorporate or cause incorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained fran the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportwdty clause: 11 % %z Cancelled, terminated, or suape+tded in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorised in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions shall be binding upon each subcontractor or vendor. The contractor will take such action with respect to any aubcontract-or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into ouch litigation to protect the interests of the United States. The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction wank; Provided That if the Racipient so participating is a State or local government, the above equal opportunity cizase ie not applicable to any agency, instrumentality or subdivision of such govenment which does not participate in work on or under the Agraerent. The Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the conplianoe of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such carplianoe, arra that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing camlianoe. The Recipient further agrees that it will refrain fran entering into any contract or contract modification subject to EXecutive Order 11246 of Septanber 24, 1965, as amended, with any 13 7 73 d. 'Winority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons.having origins in any of the original people of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any con- struction trade, it shall physically include in each subcontract in excess of $10,000 the provisions• of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 C.F.R. 60-9.5) in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any ouch Hometown Plan. Each contractor or subcontractor participating in an approved Plan in individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or suboncontraetor's failure to take good faith efforts to achieve the Plan goals and timetables. 15 Szz- LT •peurrojaad as xaom uos;vna;euoo eaagcn uos;vvol Bova 1,v eaaRoldwe llv o; algseeaoov epawq us;ellnq uo Roslod o83 Ruvdwoo aril Bus;eod Rq puv .`avaR a vow 1,eve2 ;v eaaRoldwe elrwej puv R;saousw xlv tfqut puv lauuoeaod ;uaivabvuvw llv q;sm Roslod 311; jo masaaa osjsoode Rq !,o:;& r;.roda.r lvnuuv 'aadvdaeteu Ruvdluoa 311; us is Busesoslgnd Rq f;uawaabv 6ususv6avq annuvw s;oalloo puv lvRoslod Ruv us ;s Buspnlous Rq .`suot;r8slgo o39 a;s Bus;aew us aolovaluoo aq; 6us4aseev us uos;vaad000 asag1, Btzsleanbea puv ewvaBoad Bususava; puv suosun o; Roslod aq; jo aos;ou Buspsnoad Rq Roslod oss e,o;oru;uoo aq; a;vuswaeeso j •anogv q L spun palsdwoo aooanoe aq; o; eumaboad asaq; jo aos;ou apsnoad llvge aolova;uoo aqs •aogv7 jo ;uau4.zvdao aq; Rq penoaddv ao popurV euma6oad aeog1, RZlvsoodea `apaou ;uawRoldwe s,ao;ova;uoo aril o; ;uvaalaz sumaBoad eausval puv dsgsaos;ua.rddv puv suma6oad Buspvabdn Buspnlous 'uawom puv eay;s.zousw apnZous Rpssa.rdxe gosgtn va.zv aq; zof suiwBoad bususva1, us a1,vdsos;avd ao/puv sas;sun;aoddo bususval a;ss-9q'-Lo dolanao •a •suosgv6s7go 91,s laaw o; sgaofja 9,ao1,ova4u00 aq; papadws svq seavoad Zvaaajaz uosun aq; 1,vq; uos1,vwaojus zaglo evq aogvva;uoo aq; u"m ro lao1,ovaquoo aq; Rq ;uae uvwm zo uoezad R;s.rou= v aogoz rquoo ag1, o; paaaajaa lou evq 1,uawaaa6v Bususv6avq ans;va7jov v evq ao1,ova4uoo aq; gosgm g1,sm suosun ao uosun aq; uagrt ao;oaaso 3111, o; uos;vvsfs;ou ua;;savt alvspau n apsnoad •p •uaxv; anvq Rutu zcgovaquoo ag; suoz;ov ymzos;sppv aoaa1,vgta q;un 6uo2y 'aojaaag1, uo'svas ai q k;sw alsj aq; us pa;uauatvop aq 12vga esq; aolovaquoo aq; Rq paRoZdwa lou 1paaaajaa fs 'ao uosun aril Rq zogvvz4uoo aql o; xvaq paaaajaa lou arxi puv Zvaaajaz aoj llvq 6uwzti uosun aql o; quay am lvnpsnspus gvne JI •Zvnpsaspus gone Bova of ;vadeaa q;sm u"v; svat uos;ov lvgtn jo puv uo-t;v2'ruv6ao Rlsunuruoo ao avanoe ;uaw;snaoea v °uosun v woaj Zzuaajaa alvwaj ao R;saousw puv ;uvosZddv ;aa,zle -aq;-jjo aZvwaj puv R;saousw Bova jo saaqumu auogdela; puv easeaappv `eaumu aq; jo alsj ;uaaanv D u7D;u2VH •o •eaeuodeoa ,Buosgvzsuvbao aql fo paooaa v usvluszaa puv 'algvlsvnv eas;lun;.zoddo ;uawRoldwe aavq euole1,? ao aolotarluoo 3111, uegw quos;vrsuv&o Rlsununwo o; puv aeoanoe luawlsnroea alvwej puv Rlsaousw o; uos;vosjs1,ou ua41,satn epsaoad 'eaoanoe luaugsnaotra eltwj puv R;saousw jo lesl ;uoarno v usv;usvw puv geslgv;ed •q m. Ensure that seniority practices, job claesifi- cations, work assignments and other pereonneZ practices, do not have a discriminatory effect by continually monitoring aZZ personnel and employment related activities to ensure that the EEO policy and the oontractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicita- tions of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of_Ep Zicitations to minority and female contractor associa- tions and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obli- gations. B. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligatione (7a through p). The efforts of a contractor association, joint contractor -union, contractor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one of more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positve impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male 19 or laborer), dates of changes in statue, hours worked per week in the indicated trade, rate of pay, and locations at which the ;cork was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of Local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program.) (c) Notice. Recipient hereby agrees that it will ensure that the rntiTce set forth below shall be included in, and shall be a part of, all solicitions for offers and bids on all federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance programs of the Department of labor at 41 C.F.R. Section 60-4.6: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246): 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal EMplayment Opportunity Construction Contract Specifi- cations" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetable Goals for Goals for female minority participation participation in for each trade each trade Insert goals for Insert goals for each year. each year. These goals are applicable to all the contractor's con- struction work (whether or not it is federal or federally assisted) performed in the covered area. ?1 %77 those contained in the urge determination decision of the Secretary of Labor applicable to the Project, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily aeon by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section l(c)(2) of the Davia-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. 5.5 (a)(Z)(iv). Also for the purpose of this clause, regular contributions made or costa incurred for more than a weekly period under plans, funds, or programa, but covering the particular weekly - period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage deter- mination, and a report of the action taken shaZZ be sent by DOT to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reelaesifi- cation of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for final determination. (iii) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fri.ngs benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. 23 77X (ii) The contractor will submit waskZy a copy of aZl payrolls to the Recipient for transmittaZ to DOT. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payroZZe are correct and complete, that the wage rates contained therein are not lees than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform to the work to be performed. A submission of the "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 C.F.R., Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 C.F.R. 5.5 (a)(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of DOT and the Department of Labor, and will permit such representatives to interview employees during working hours on the jab. Contractord employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the contracting agencies that their employ- ment is pursuant to an approved program and shall identify the program. (4) Apprentices and Trainees. (A) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Depart- ment of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognised by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at 25 72f (5) Compliance with Copeland Reaulations (29 C.F.R. Part 3). The contractor shall comply with the Copeland Regulations (29 C.F.R. Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) Contract Termination; Debarment. A breach of clauses (1) through (5) may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. 5.6. (7) Overtime Reeuircments. No contractor or subcontractor contracting for any part of thb oontract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any Laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (8) Violation; Liability ,for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (7), the contractor and any subcontractor responsible therefor shall be liable to any affected employee for his upaid wages. In addition, ouch contractor and sub- contractor shall be Liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for Liquidated damages. Such Liquidated damages shall be computed with respect to each individual Laborer or mechanic e=Zouee in violation of the clause set forth in bubparagraph (7), in the sum of $10 for each calendar day on which such employee is required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (7). (9) withholding for Liquidated Damages. DOT may withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such sums as may administratively be determined 27 7,?d the Recipient for its referral to DOT for deeieien or, at the option of DOT, DOT referral to the Secretary of Labor. The decision of DOT or the Secretary of Labor as the case may be, shall be final. (ii) All questions relating to the application or interpretation of the Copeland Act, 40 U.S.C. S 276c, the Contract Work Hours Standards Act, 40 U.S.C. SS 327-333, the Davis -Bacon Act, 40 U.S.C. S 276a, or Section 13 of the Urban Mass Transportation Act, 49 U.S.C. S 2609, shall be sent to UMTA for referral to the Secretary of Labor for ruling or interpretation, and such ruling or interpretation shall be final. (14) Convict Labor. In connection with the performance of work under this contract the contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. This does not include convicts who are on parole or probation. (15) Insertion in Subcontracts. The contractor shall insert in all construction subcontracts the clauses set forth in subsections (1) through (15) of this section so that all of the provisions of this section will be inserted in all construction subcontracts of any tier, and such other clauses as the Government may by appropriate instructions require. (e) Chan sin Construction Contracts. Any changes in a construction contract fbe fitted to DOT for prior approval unless the gross amount of the changes is $100,000 or less, the contract was originally awarded on a competitive basis, and the change does not change the scope of work or exceed the contract period. Construction omtracts shall include a provision spacifiying that the above requirement will be met. (f) ContractSecurity. The Recipient shall follow the requirementsoo_ 0MB Ci A-102, as amended, or A-110, as may be appropriate, and UMM guidelines with regard to bili guarantees and bonding requirements. (g) insurance Durjng Contraction. The Recipient shall follow the insurance requirements normally required by their State and local governments. (h) Signs. The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs 29 %S/ the EPA Assistant Administrator for Enforcement. In addition, the Recipient shall notify UNTA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing in EPA. (b) Air Pollution. No facilities or equipment shall be acquired, constructed. or improved as a part of the Project unless the Recipient obtains satis- factory assurances that they are (or will be) designed and equipped to limit air pollution as provided in the External Operating Manual and in accordance with all other applicable standards. (c) Use of Public Iands. No publicly owned land from a park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so deter road by such officials may be used for the Project without the prior concurrence of DOT. (d) Historic Preservation. The Recipient shall assist UMPA in its compliance with Section o e National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order No. 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying UMPA of the existence of any such properties, and by (b) complying with all requirements established by UMTA to avoid or mitigate adverse effects upon such properties. (e) Energy Conservation. The Recipient and its third party contractors shall recognize mandatory standards and policies relating to energy efficiency utd.ch are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). Section 112. Patent Rights. (a) whenever any invention, improvement, or discovery (whether or not patentable) is conceived or for the first time actually reduced to practice, by the Recipient or its employees, in the course of, in connection with, or under the terms of this Agreement, the Recipient shall inuediately give the Secretary of DOr, through UMIA, or his authorized representative written notice thereof; and the Secretary shall have the sole and exclusive power to determine whether or not and where a patent application shall be filed, and to determine the disposition of all rights in such invention, improve- ment, or discovery, including title to and rights under any patent appli- cation or patent that may issue thereon. The determination of the Secretary on all these matters shall be accepted as final, and the Recipient agrees that it will, and warrants that all of its employees who may be the inventors will, execute all docents and do all things necessary or proper to the effectuation of such determination. 31 7 ey license, arta the third -party crntrcc-tor shall_ be &Ian ped 30 days (er such laxiger period as may be authorized by UKTA far good cause shown in writing by the third-pru ty contractor) after the notice to show cause why the lioense sho�d not be modified or revo)md. The third -party ocntractor shall have the right to appeal, in aoeordance with procedures prescribed by mm,any decision concerning the Modification or revocation of his license. (e) Tr. Lhe event no inventions, tWrovanents,or discoveries (whether ur rat patentable) are conceived, or for the first tioc actually reduced to practice by the Recipient, its eRployees, its third - party contractors, or their ermployees, in the course of, in connection with, or under the terms of this Agreement, the Recipient Shall so certify to the Secretary or his authorized representative, no later than the date on which the final report of work done, is due. (fj ;f the Recipient or the third -party contractor is permitted to fi: patent applications pursuant to this AgrFlen-nt. the following staterlent shall be included within the first paragraph of the specification of any such patent application or patent: The .invention described herein was mane in the course ut, or under, a Project with the Department of Trans- portatirm. (g) in the event the Recipient or the third -party contractor is permitted to acquire principal rights pursuant to this clause and fails to take effective snaps within 3 -years after issuance of a patent on any patent applications permitted to be filed pursuant to this clause to bring the claimed invention to the point of practical application, the Secretary or his authorized representative may revoke such rights or require the assigTrwnt of such rights to the Gcnernment . (h) The Secretary or his authorized representative uilmll, before the expiration of three (3) years after final payment. under this grant, have the right to examine any books, records, documents, and other supporting data of the Recipient which the Secretary or his authorized representative shall reasonably deem directly pertinent to the discovery or identification of inventions falling within the criteria set out'in paragraFb (a), or to ccitipliance by the Recipient with the requirenrnts of this clause. 'Ihe So=t --tart' or his authorized repifsentative shall, during the period specified above, have the 'further rig.':-, tc require the Recipient to ex=dne any books, records. docunents, and other supporting data of the thiol-psrty contractor which the Re-ipient shall reasonably dem directly pertinent ne+t to the discovery or 33 7X3 ------- --- privacy, arising out of the publication, translation, reproduc delivery, perfommim, use, or disposition of any data furn sa under this Agreement. (e) Nothing contained in this clause shall inply a licer:aa to the GOvarmmnt under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. (f) In the event that the Project, which is the subject of this Ag is not omnpleted, for any reason whatsover, all data generated under that Project shall baccm subject data as defined in the Rights in Data clause in this Agreement and shall be delivered the Government may direct. This clause shall be included in a third -party contracts under the Project. (g) Paragraphs (c) arra (d) above are not applicable to material fu to the Recipient by the Government and incorporated in the wor furnished under the contract; provided that such incorporated' is identified by the Recipient at the time of delivery of such work. Section 114. Cargo Preference - Use of United States -Flag Vessels. (a) 46 U.S.C. S 1241 provides in pertinent part as follows: (b)(1) Whenever the United States shall procure, contract for, or otherwise obtain for its own account, or shall furnish or for the account of any foreign nation without provision for reimbursement, any equipment, materials, or commodities, withi or without the United States, or shall advance funds or credit or guarantee the convertibility of foreign currencies in conn with the furnishing of such equipment, materials, or ocmnoditi the appropriate agency or agencies shall take such steps as res be necessary and practicable to assure that at least 50 per of 1 of the gross tonnage of such equipment, materials, or cmnmmodit (cenputed separately for dry bulk carriers, dry cargo liners, tankers), which ray be transported on privately owned United flag commercial vessels, to the extent such vessels are availz at fair and reasonable rates for United States -flag osmezcia7 vessels, in such manner as will insure a fair and reasonable i pation of United States -flag cctMercial vessels in such cargo* by geographic areas: ... . (2) Every departnent or agency having responsibility undo this subsection ahall administer its program with respect to this subsection under regulations issued by the Secretary of Ommmmarce ... . 35 74�� Upon written request to the Secretary, the Recipient may request a waiver of the above provisions. Such waiver may be granted if the Secretary determinss: (1) their application would be inconsistent with the public interest; (2) in the case of acquisition of rolling stock, their appli- cation would result in unr-a * le cost (after granting appropriate price adjustments to domestic products based on that portion of Project cost likely to be returned to the United States and to the States in the form of tax revenues); (3) supplies of the class or kind to be used in the manufacture of articles, materials, supplies are not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (4) that inclusion of domestic material will increase the cost of the overall Project contract by more than 10 per centum. Section 116. Charter and School Bus Operations. (a) Charter Bus. The Recipient, or any operator of mass transportation, acting on its behalf, shall not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(f), and regulations published thereunder. (b) School Bus. The Recipient, or any operator of mass transportation act,, on its behalf, shall not engage in school bus operations, exclusively for the transporation of students or school personnel, in ompetition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as +� ezxW, 49 U.S.C. S 1602(q) and regulations published thereunder. Section 117. Ccrrplianae with Elderly and Handicapped Regulations. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the Project ccoply with applicable regulations regarding Transportation for Elderly and Handi- capped Persons, set forth at 49 C.F.R. Part 27. Section 118. Flood Hazards. The Recipient shall eon:ply with the flood insurance purchase require- ments with respect to =wtruction or acxrd itien purposes, of Section 102(a) of the Flood Disaster Protecti.en Act of 1973, 42 U.S.C. S 4012(a). 37 2,is civil and criminal penalties for violation of the Act, are applicable except that the criminal penalties mall not apply with regard to contracts effective prior to September 27, 1975. In addition, failure to comply with the provisions of the Act Or of this clause will make this Agreement subject to termi- nation. (c) The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "record" means any item, collection, or grouping of information about an individual that is maintained by the Recipient on behalf of the Government, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (3) "System of records" on individuals means a group of any records under the control of the recipient on behalf of the Government from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Section 120. Miscellaneous. (a) Bonus or Connission. The Recipient warrants that it has not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financial assistance hereurider. (b) State or Territorial Law. Anything in the Agreement to the contrary no , nothing in the Agreement shall require the Recipient to observe or enforce oampliance with any provision thereof, perform any other act or do any other thing in u.mtravantion of any applicable State or territorial law; Provided, That if any of the provisions of the Agreement violate any applicable state or territorial law, or if oempliance with the provisions of the Agreement cwl.d require the Recipient to violate any applicable state or territorial law, the recipient will at once notify DUI' in writing in order that appropriate changes and modifications may be made by DOT and the recipient to the end that the recipient may proceed as soon as possible with the Project. 39 7k�-' ell RESOLUTION NO. 81-211 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT APPLICATION IN THE AMOUNT OF $776,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974, as amended, and, WHEREAS, the City of Iowa City, Iowa, has been declared a Standard Metropolitan Statistical Area eligible for Metro Entitlement funding of $776,000; and WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to participate in the application's development; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said application with the United States government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby directed to file with the United States Department of Housing and Urban Development an application for the Community Development Block Grant/Metro Entitlement Program under the Housing and Community Development Act of 1974, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said application, specifically assurances contained in HUD form 7088: and_ BE IT FURTHER RESOLVED that the City Manager is designated as the chief executive officer and as the representative of the applicant to act in connection with the application and to provide such additional information as may be required. It was moved by Erdahl and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this llthday ATTEST: CITY CLERK of August 1981. 4 WAYOR R'aceivmd 8 Approved B The Legal Department 848 RESOLUTION NO. 81-215 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AGREEMENT BETWEEN CITY AND OWNERS TO RELEASE AND REDESCRIBE STORM SEWER EASEMENT, LOT 13, DEAN OAKES FIRST ADDITION TO CITY OF IOWA CITY, IOWA WHEREAS, Lot 13, Dean Oakes First Addition to City of Iowa City, Iowa is subject to a fifteen (15) foot storm sewer easement; and WHEREAS, a house on said Lot 13 encroaches 31-, feet onto said easement and thus creates a cloud upon the title; and WHEREAS, release and redescription of said storm sewer easement 2z feet to the North shall not jeopardize the City's existing storm sewer. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor is hereby authorized to sign and the City Clerk to attest an Agree- ment with Owners of Lot 13, Dean Oakes First Addition to City of Iowa City, to release and redescribe certain portions of an existing storm sewer easement. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl X Lynch _x Neuhauser X Perret x Roberts x Vevera Passed and approved this 11th day of August 1981 , NFAYOR ATTEST: 4 �f CITY CLERK iefg AGREEMENT REGARDING STORM SEWER EASEMENT This Agreement is made between the City of Iowa City, Iowa, a municipal corporation ("CITY"); Jasbir S. Arora and Rita Arora, `'p husband and wife, c , d� r_4l. _. C_ r�_�... _fir-tiuL'..`.`L _..'� ..•r_, __..+. ___ I..h1er("OWNERS"). V r ). WITNESSETH WHEREAS, Lot 13, Dean Oakes First Addition to City of Iowa City, Iowa, is subject to an existing fifteen foot storm sewer easement which crosses said Lot in a northwesterly direction; and WHEREAS, it has come to the City's attention that a single family dwelling encroaches three and one-half feet into said easement, that said sewer was actually constructed three feet be- yond the center of said easement; and WHEREAS, a cloud remains on title to said pro erty by reason of said encroachment, and CITY, p !OLBERS wish to clear said clouds; and f" WHEREAS, relocation of said storm sewer easement shall in no way jeopardize the existing storm sewer. THEREFORE BE IT AGREED: 1. CITY hereby vacates and releases the southwesterly three and one-half feet of an existing storm sewer easement, as more particularly described in Exhibit A attached hereto and in- corporated by reference, and designated "Easement Vacation". 2. OWNERS hereby grant to CITY the northeasterly two and one-half feet adjacent to the existing storm sewer easement, for a total easement fourteen feet in width, more particularly described in Exhibit A attached hereto and incorporated by refer- ence and designated "Easement Addition." Said easement is for the purpose of installation, replacement, maintenance and use of storm sewer lines, pipes, mains and conduit as CITY shall use for con- veyance of storm water, together with right-of-way necessary for 711 -2 - ingress and egress. OWNERS agree that provisions relating to said existing easement, amended only as to location, shall con- tinue in full force and effect as covenants running with. -the land. 3. CITY and OWNERS covenant that this Agreement is being made for their mutual benefits in connection with the location of a public storm sewer easement, and that this Agree- ment shall be recorded in Johnson County Recorder's Office by CITY upon execution. IN WITNESS WHEREOF, the parties set forth their hand this day of 1981. CITY OF IOWA CITY, IOWA OWNERS 2�. ohn Balmer, Mayor sbir S. Arora Attest: City Clerk Q CORPORATE SEAL STATE OF IOWA ) ) SS JOHNSON COUNTY ) Rita Arora XWa-1-ter C fhndk'i_ck ;? 1 Esth-c,—E: chttdwa-e-k OWNERS ACKNOWLEDGEMENTS On this // day of 1981, before me, the undersigned, a Notary Publici ai' for said County and State, per- sonal ly appeared( )7Z v_ eLand to me known to W-1he identical persons named- in and who executed the within and foregoing instrument and acknowledged that they ex- ecuted the same as their voluntary act and deed. f�0Tr yAL 93Ek: ` rotary Public in and for said County and State STATE OF IOWA SS JOHNSON COUNTY -3 - On this ( day of tl " , 1981, before me, the undersigned, a Notary Public in and for said County and`State, per- sonally appeared .71,5b;r S. 0(g,,i;, and /�, t„ C(,�• 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 and for said County and State Recahred A Approved 11YThye, legal Department 79/ 9 0 01 8 -- A/ 0o0 od •eo"E— _ 266. 98' _ — / i —s mCCA!z."W s.oa' P,DB. EASEME.>JZ' hI 00"OQ' ZCe"E. ZC, o, 1e,' -- Legal Description: (Easement Vacation) N Commencing at th.l Southeast Corner of Lot 13 of Dean Oakes First Addition, Iowa (p City, Iowa, acr.nrding to the Final Plat thereof as recorded in Book 15, Page 77, o Johnson County, Iowa; Thence N00004'26"E, 63;03 feet along the East line of said DLot 13; Thence NB9055'34"W, 7.50 feet to the Point—of—Beginning; Thence '421)020'34W,0? 143.03 feet; 11innee N60)39126"E 3.50 feet; ThenceS2O020'34"E, 136.82 feet; Th-nce N 500004126"W, 7,13 feet to the Point—of—Beginning. pFS�RI�N ,Easement Addition Commencing at I.11•• as u�FPasner—oF'�C—raY Dean O4es First Addition, Iowa City, Iowa, according to the Final Plat thereof as recorded in Book 15, Paoe 22, Johnson County, Iowa; Thence N00004126"E, 80.7" feet along the East line of said Lot !3 to the Pnint—of—Beginning; Thence N290/0'34"W, '31.70 feet; Thence `46003`)'26"E, 2.50 feet; Thenr.e S7n020'3d"E, '27.27 feet to a paint on the East line of saia Lot 13; Thence, S0000412611W, 5.00 feet along said East line to the Point—of—Beginning. PIAT 1 1 v 0 0 Ol Obert D. Mickel n Reg. No. 7036 Data. a Subscribe❑ and sworn to befo me this day of ^ , 19 K 4&,&4 4t:; r lxw otary ublic in and for the State of Iowa AAAA LARRY R. SCHNITTJER MY COMMISSION EXPIRES September 30, 1981 r I r, Z0 D. o aym f o Z y 11r I i �Po ��'i RO�F3, E1.SE�1 EU'C N VG.C4Z 1 Or.l C GO,ptO' --- 9 0 01 8 -- A/ 0o0 od •eo"E— _ 266. 98' _ — / i —s mCCA!z."W s.oa' P,DB. EASEME.>JZ' hI 00"OQ' ZCe"E. ZC, o, 1e,' -- Legal Description: (Easement Vacation) N Commencing at th.l Southeast Corner of Lot 13 of Dean Oakes First Addition, Iowa (p City, Iowa, acr.nrding to the Final Plat thereof as recorded in Book 15, Page 77, o Johnson County, Iowa; Thence N00004'26"E, 63;03 feet along the East line of said DLot 13; Thence NB9055'34"W, 7.50 feet to the Point—of—Beginning; Thence '421)020'34W,0? 143.03 feet; 11innee N60)39126"E 3.50 feet; ThenceS2O020'34"E, 136.82 feet; Th-nce N 500004126"W, 7,13 feet to the Point—of—Beginning. pFS�RI�N ,Easement Addition Commencing at I.11•• as u�FPasner—oF'�C—raY Dean O4es First Addition, Iowa City, Iowa, according to the Final Plat thereof as recorded in Book 15, Paoe 22, Johnson County, Iowa; Thence N00004126"E, 80.7" feet along the East line of said Lot !3 to the Pnint—of—Beginning; Thence N290/0'34"W, '31.70 feet; Thence `46003`)'26"E, 2.50 feet; Thenr.e S7n020'3d"E, '27.27 feet to a paint on the East line of saia Lot 13; Thence, S0000412611W, 5.00 feet along said East line to the Point—of—Beginning. PIAT 1 1 v 0 0 Ol Obert D. Mickel n Reg. No. 7036 Data. a Subscribe❑ and sworn to befo me this day of ^ , 19 K 4&,&4 4t:; r lxw otary ublic in and for the State of Iowa AAAA LARRY R. SCHNITTJER MY COMMISSION EXPIRES September 30, 1981 RESOLUTION NO. 81-216 RESOLUTION ADOPTING POLICIES CONCERNING RENTAL, USE AND GRIEVANCE PROCEDURES FOR PUBLIC HOUSING UNITS - PROJECT IA 22- 3. WHEREAS, the City of Iowa City, Iowa, has entered into a Contract of Sale with Southgate Development Co., Inc. for the purpose of developing Public Housing Project IA 22-3; and WHEREAS, the City has been designated a Public Housing Authority under State and Federal law; and WHEREAS, funding for said Project is being provided by the United States Department of Housing and Urban Development (HUD) through their Turnkey Public Housing Program; and WHEREAS, certain portions of said Project IA 22-3 are nearing completion, and are thus ready for sale back to the housing authority; and WHEREAS, it is in the best interest of the housing authority to adopt guidelines governing the rental and use of said housing units. NOW, THEREFORE, BE IT RESOLVED that the "STATEMENT OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE PUBLIC HOUSING UNITS OWNED AND OPERATED BY THE IOWA CITY HOUSING AUTHORITY" together with Grievance Procedures should be and hereby are formally approved and adopted by the City of Iowa City, Iowa, as the officially designated Iowa City Housing Authority. It was moved by Erdahl and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl _ x Lynch _ x Neuhauser x Perret x Roberts z Vevera Passed and approved this 11th day of August 1981. l AYOR ATTEST: CITY CLERK R8"'"d A. ApProy5d `l'1YJal Oe P3r;snerif 6 —,�/ 7.513 STATEMENT OF POLICIES GOVERNING ADMISSION TO AND CONTINUED OCCUPANCY OF THE PUBLIC HOUSING UNITS OWNED AND OPERATED BY THE IOWA CITY HOUSING AUTHORITY 7%� TABLE OF CONTENTS Section Page Grievance Procedure I. Informal Hearing 1 II. Procedure to Obtain Formal Hearing 1 III. Procedure Governing the Hearing 2 IV. Decision of Hearing Officer/Hearing Panel 3 V. ICHA Eviction Actions 4 79S Selection of Tenants and Processing Applications I. Nondiscrimination 1 II. Eligibility for Admission 1 III. Leasing 5 IV. Unit Size 6 V. Resident Selection & Assignment Plan 7 VI. Definition of Income 8 VII. Schedule of Rents 11 VIII. Reexamination of Eligibility for Continued Occupancy 12 IX. Establishing Rents Between Admission & First 15 Reexamination & Between Scheduled Reexaminations, X. Transfers 15 XII. Reapplication of Applicants on Former Residents 16 XIII. Inspections 16 Grievance Procedure I. Informal Hearing 1 II. Procedure to Obtain Formal Hearing 1 III. Procedure Governing the Hearing 2 IV. Decision of Hearing Officer/Hearing Panel 3 V. ICHA Eviction Actions 4 79S SECTION I. SELECTION OF TENANTS AND PROCESSING APPLICATIONS Nondiscrimination The Iowa City Housing Authority; hereinafter referred to as the ICHA, Housing Authority, authority or PHA, shall not discriminate because of race, color, sex, creed, religion, national origin or disability in the negotiation, leasing, rental, or other disposition of housing or related facilities (including land) included in any project or projects under its jurisdiction covered by a contract for annual contributions under the United States Housing Act of 1937 as amended, or in the use or occupancy thereof. The ICHA shall not, on account of race, color, sex, creed, religion, national origin, or disability, deny to any family the opportunity to apply for such housing, nor deny to any eligible applicant the opportunity to lease or rent any dwelling in any such housing suitable to its needs. ICHA records with respect to applications for admission to any low - rent public housing as under the United States Housing Act of 1937 shall indicate the date and time of receipt; the determination of the ICHA as to eligibility or non -eligibility of the applicant; where eligible, the unit size for which eligible; the preference rating, if any; the date, location, identification, and circumstance of each vacancy offered and accepted, or rejected. ICHA records with respect to inquiries from families prior to commencement of formal application -taking or during a period of temporary suspension of formal application -taking shall indicate, as to each family, the date of inquiry, the name and address and whatever further information is obtained, determination made, or action taken by the ICHA with respect to such family. II. Eligiblity for Admission To be eligible for admission an applicant must meet the following conditions: A. The applicant must qualify as a family. A family consists of: 1. Two or more persons related by blood, marriage or adoption; or 2. The remaining member of a tenant family (for continued occupancy purposes only); or 3. A single person who is: at least 62 years of age; or handicapped within the meaning of Section 202 of the Housing Act of 1959; or �9� 0 C KA C. displaced by urban renewal or other governmental action; or d. disabled within the meaning of Section 223 of the Social Security Act; or e. under a disability as defined in Section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970. 4. An "elderly family" which includes two or more elderly, handicapped or disabled persons living together; or one or more such individuals living together with another person who is determined to be essential to their care or well- being. A handicapped person is one who has a physical impairment which: a. is expected to be of long continued and indefinite duration; b. substantially impedes his ability to live independently; and C. is of such a nature that such ability could be improved by more suitable housing conditions. A disabled person is one who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or which can be expected to last for a continuous period of not less than 12 months. Net Income for admission shall not exceed the following amounts at the time of admission: No. of Maximum Income Limits No. of Maximum Income Limits Persons for Admission Persons for Admission 1 $10,900 6 $17,500 2 12,450 7 18,450 3 14,000 8 or more $19,450 4 15,550 5 16,500 A family whose net family assets, together with the net income of the family, are not sufficient for it to obtain and maintain adequate accommodations on the private market, well into the 797 future. Assets may not exceed $15,000 for non -elderly families or $20,000 for elderly families. Any applicant who has assigned, conveyed, transferred, or otherwise disposed of property within the past two years without fair consideration in order to meet the assets limitation shall be deemed ineligible. D. Standards for Admission and Occupancy. Applicants may be denied admission to the ICHA properties and, after selection, termination of the lease agreement between the ICHA and the resident may occur if an authorized representative of the ICHA has documented pertinent information relative to the following: 1. Misrepresentation. The willful misstatement to or concealment from the ICHA by the applicant or resident of any material fact bearing upon or relating to any determining factor of the applicant's eligibility for admission to or the resident's eligibility for continued occupancy, or bearing upon or related to the rent to be paid by the applicant or resident. Undesirability. An applicant or resident is deemed undesirable when he or she or a member of his or her family living in the home, seriously endangers the health, safety or morals of his neighbors, or is a source of danger to the property or the peaceful occupation of other neighbors or residents, or is negligent in assuming the normal obligations of residents, more specifically described as: One who has been convicted of acts that seriously endanger the life, safety, or welfare of other persons, including, but not limited to, crimes of violence, prostitution, sale or possession of narcotics, rape, sexual molestation or deviation, or the neglect or abandonment of siblings. b. One who has demonstrated a pattern of behavior which endangers the life, safety and welfare of other persons by the threats of or acts of physical violence, gross negligence or irresponsibility. C. One who has through negligence or deliberate and intentional action damaged equipment, premises or property of the ICHA or property belonging to neighbors or other residents. d. One who has exhibited a pattern of failure to take proper care of ICHA or other rented property or who has exhibited a pattern of poor housekeeping which threatens neighbors or other residents or results in vermin or other infestation or is a general nuisance. 4 e. One who has demonstrated an unwillingness to honor or satisfy rightful indebtedness for rented property obligations. 3. Self -Sufficiency. The inability of an applicant or resident, by reason of age, physical or mental disability, or any other impairment, to meet the normal requirements for tenancy and/or whose occupancy might represent a danger to him or herself or to others or to ICHA property. 4. Abandonment. The abandonment of a public housing dwelling or other public assisted unit without having previously advised ICHA officials so that staff could secure the unit and protect its property from vandalism. 5. Non-Compiiance. Failure, neglect or refusal of an applicant or resident to furnish the ICHA satisfactory verification of family income, assets or composition when requested to do so. 6. If single, whether applicant is capable of living indepen- dently. E. Processing Aaplications for Admission 1. A written application signed by the head of the family or a responsible member of the family will be accepted from each family seeking admission to low -rent housing owned or leased by the ICHA. 2. All information relative to previous housing, net family income, net assets and preference rating will be verified, and all verified findings will be documented and recorded in the applicant folder. Such verification may include a home visit. 3. Verified information will be analyzed and a determination will be made with respect to the following: a. Eligibility of applicant with respect to back monies owed to the Authority. b. Eligibility of applicant as a family. C. Eligibility of applicant with respect to income limits for admission. d. Eligibility of applicant with respect to net assets. e. Eligibility of applicant with respect to standards for admissions. 5 f. Size of unit required for the family. g. Preference category to which the family belongs. h. Urgency of the family's need for housing. i. Rent which the family should pay. 4. Net family income will be computed in accordance with definitions and procedures as set forth in this policy. 5. As a part of the application record, Housing Coordinator or his/her designated representative will certify to the actions taken and determination made in writing to the applicant. 6. When the applicant has been offered three different units and all have been refused without sufficient reason, the date on the application will be changed and the application placed at the back of the eligible applicants. 7. If more than 60 days elapse between the date of the determination of the family's eligiblity and the date the family is scheduled for admission, .all eligibility factors are to be rechecked for changes prior to admission. F. Notification to Applicants 1. The ICHA shall promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination and shall provide the applicant, upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination. 2. When a determination has been made that an applicant is eligible and satisfies all requirements for admission including the tenant selection criteria, the applicant shall be notified of the approximate date of occupancy insofar as that date can he reasonably determined. III. Leasing A. Prior to admission, a lease shall be signed by the family head or spouse and executed by the authority. The head of the family is the family member who is held responsible and accountable for the family. The lease shall list all members of the household who will reside in the unit. 1. If a tenant transfers within the project, a new lease will be executed for the dwelling into which the family is to move. 0 2. If, at any time during the life of the lease agreement, a change in the tenant's status results in the need for changing or amending any provision of the lease either, a. a new lease agreement will be executed, or b. an appropriate rider will be prepared and made a part of the existing lease, or appropriate insertions will be made within the instrument. All copies of such riders or insertions are to be dated and signed or initialed by the tenant and by the Housing Coordinator. 3. Notices of anticipated rent increases shall be given as required by state law. 4. Conditions and requirements of the lease become a part of this policy by reference. IV. Unit Size Required The following standards will determine the number of bedrooms required to accommodate a family of a given size, except that such standards may be waived when a "vacancy problem exists, and it is necessary to achieve or maintain full occupancy: No. of Persons 1. No. of Bedrooms Minimum Maximum 0 1 1 1 1 3 2 2 5 3 4 7 4 6 9 5 8 11 plus 2. Dwelling units will be assigned taking into consideration the following: a. The bedroom size assigned should not require more than two persons to occupy the same bedroom. An unborn child will not be counted as a person. b. The bedroom size assigned should not require persons of the opposite sex other than husband and wife to occupy the same bedroom other than infants or very young children. Children under 12 months of age may occupy the same bedroom with parent(s). Children of the opposite sex five years of age or older may be assigned separate bedrooms. M 7 C. Consideration will be given if, for health reasons, a separate bedroom is required. This must be verified by a doctor and the tenant file properly documented. V. Resident Selection and Assignment Plan A. Solvency Shall be a Prime Consideration in Application of this The ICHA shall select tenants to: 1. Avoid concentration of the most economically and socially deprived families. However, at least 20% of the dwelling units shall be occupied by very low-income families. The aggregate rentals required to be paid in any year by families residing in the dwelling units in projects to which the operating subsidy applies shall not be less than an amount equal to one-fifth of the adjusted family income of all such families. 2. Attain a tenant body in each project composed of families with a broad range of incomes and rent -paying ability which is generally representative of the range of incomes of low-income families in the PHA's_area of operation. B. Preference in the Selection of Tenants Residents will be selected from among applicants eligible for dwelling of given size and within such ranges of rent as may be established from time to time to ensure the financial solvency and stability of the program, in the following order: 1. The rent paying ability of the applicant as it relates to the solvency of the authority. 2. Whether the applicant is a displaced family or about to be displaced by urban renewal or other governmental action. This does not include local code enforcement action. 3. The applicant's age or disability or handicap. 4. The urgency of housing need. In determining the urgency of need, the following will be considered: The gross rent being paid by the applicant for present housing as it relates to his annual income. 5. Whether the applicant is a veteran or serviceman or is related to a veteran or serviceman. A veteran is a person who has served in the armed forces of the USA and was discharged or released under conditions other than dishonorable. A serviceman is a person presently in the armed forces. M 6. The family size of the applicant, as it relates to the units available (does not exceed occupancy standards). NOTE: Elderly families will be given preference for units specifically built for elderly families. However, if vacancies exist, non -elderly families may be admitted. VI. Definition of Income Total Famil Income. Total family income means income from all sources of 1) the head of the household and spouse, and (2) each additional member of the family residing in the household who is at least 18 years of age, anticipated to be received during the 12 months following admission or re-examination of family income, exclusive of the income of full-time students (other than the head or spouse) and income which is temporary, nonrecurring or sporadic as defined in this section. Total family income shall include that portion of the income of the head of the household or spouse temporarily absent which, in the determination of the ICHA, is (or should be) available to meet the family's needs. Total family income includes, but is not limited to, the following: 1. The full amount, before any payroll deduction, of wages and salaries, including compensation for overtime and other compensation for personal services (such as commis- sions, fees, tips, and bonuses). 2. Net income from operation of a business or profession (expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine net -income from a business). 3. Interest, dividends, and net income of any kind from real or personal property. 4. The full amount received from annuities, periodic payments from insurance policies, retirement income, pensions, periodic benefits for disability or death, and other similar types of periodic receipts. 5. Payments in lieu of earnings, such as unemployment and disability compensation, social security benefits, workmen's compensation and dismissal wages. Welfare assistance payments including those amounts withheld as payment for food coupons.or stamps. Periodic and determinable allowances, such as alimony and regular contributions or gifts, including amounts received from any persons not residing in the dwelling. I 8. All regular pay, special payments and allowances (such as longevity, overseas duty, rental allowances, allowances for dependents, etc.), received by a member of the Armed Forces. 9. Payments to the head of the household for support of a minor, or payments nominally to a minor for his support but controlled for his benefit by the head of the household or a resident family member other than the head, who is responsible for his support. NOTE: 1. A minor is defined as a member of the household, other than the head or spouse, who is under the age of 18. Payments received for support of a minor are not considered the minor's income and are to be included in the annual income. 2. A full-time student is defined as a person, other than the head or spouse who is carrying a subject load which is considered full-time for day students under the standards and practices of the educational institution attended. B. There shall not be included in Total Family Income nonrecurring income as defined below: 1. Casual, sporadic and irregular gifts, and amounts which are specifically received for, or are a reimbursement of, the cost of illness or medical care. 2. Lump -sum additions to family assets, such as inheritances, insurance payments, including payments under health and accident insurance and workmen's compensation, capital gains, and settlements for personal or property losses. 3. Amounts of educational scholarships paid directly to the students or to the educational institution and amounts paid by the United States Government to a veteran for use in meeting the cost of tuition, fees and books, to the extent that such amounts are so used. 4. Relocation payments made pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and pursuant to the Food Stamp Act of 1964, the value of the coupon allotments for the purchase of foods in excess of the amount actually charged the eligible households. 5. Payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Service Act of 1973. go 5z 10 6. Payments received by participants in other publicly - assisted programs as reimbursement for out-of-pocket expenses incurred (special equipment, clothing, transportation, reimbursement for child care, and so forth, which are made solely to allow participation in a specific program and cannot be used for other purposes). C. The Adjusted Family Income shall be the Total Family Income less the following: (No person in the family shall be entitled to more than one exemption -- Nos. 5 & 6). 1. A deduction of five percent (5%) of Total Family Income, except that the deduction shall be ten percent (10%) in the case of an elderly family. 2. A deduction of amounts for unusual occupational expenses not compensated for by the employer, such as special tools and equipment, but only to the extent to which such expenses exceed normal and usual expenses incidental to the type of employment engaged in by the employee. 3. A deduction of amounts paid by the family for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head or spouse, except that the amount deducted shall not exceed the amount of income received by the family member thus released. 4. A deduction for extraordinary medical expenses where not compensated for or covered by insurance, defined for this purpose to mean medical expenses in excess of three percent of Total Family Income. 5. An exemption of the first $300 of the income of a secondary wage earner who is the spouse of the head of the household. 6. An exemption of $300 for each member of the family residing in the household (other than the head or his spouse), who is under 18 years of age, or who is 18 years of age or older and disabled, handicapped or a full-time student. 7. The total of all sums received by the head or the spouse from, or under the direction of any non-profit child placing agency for the care and maintenance of any persons who are under 18 years of age and were placed in the household by such an agency. gaS 11 VII. Schedule of Rents A. Gross Rent 1. Gross rent is the determination of the maximum allowable monthly rent charge for a dwelling unit, in accordance with the Department of Housing and Urban Development's definition of income as set forth in Section VI and is established as 25 percent of the net adjusted total family income. This may be increased to 30% in the near future. 2. No family will be required to pay in excess of 25 percent of its net adjusted total family income as rent except that in no instance will the rent for any dwelling unit be less than five percent of the gross income of the family who is either making application for admission or is in occupancy. B. Contract Rent 1. Contract rent is the determined monthly rent to be charged a family for use of the dwelling unit and installed equipment, such as ranges and refrigerators but excluding furniture, air conditioners, services. 2. For families occupying dwelling units in which utilities are the responsibility of the family or resident to supply, contract rent is the monthly rent to be charged the family or resident after applicable utility allowances, if any, have been deducted from the gross rent. C. Utility Allowances 1. For families occupying dwelling units in which some or all utility services are the responsibility of the family to supply, these allowances as identified in Appendix 1 will be deducted from the monthly gross rent. D. Miscellaneous Charges 1. Residents will be charged for the repair of damages or the replacement of installed equipment in the dwelling unit, project buildings, facilities, or the project common areas caused by the resident, members of the household, or guests when such damages exceed normal wear and tear. 2. " Charges for necessary repairs or replacement of installed equipment will not exceed the actual costs incurred by the ICHA for the labor and/or materials expended in the repair of or replacement of items. go(e 12 Rent Collection Policy 1. Rent is due and payable in full on the first .day of each month. Rent will be considered delinquent on the fifth day of each month. 2. On the sixth day of each month, contact (phone or visit) will be established with each tenant who has not paid rent. On the eleventh day, if rent has not been paid, eviction proceedings may be started. Once eviction proceedings have been enacted, it will not be stopped unless rent is paid in full. NO partial payments will be accepted after eviction proceedings have been enacted. All legal expenses incurred in the eviction proceedings will be charged to the tenant. A tenant may be subject to eviction after three late payments. These need not be consecutive. VIII. Reexamination and Eligibility for Continued Occupancy Reexaminations The eligibility of all families is to be reexamined at least once every 12 months and upon determination of family income as defined in Section I for the ensuing year, the rent shall be adjusted accordingly. 1. Scheduling of Reexaminations - Residents will be reexamined each year in accordance with the established reexamination date. The time between admission and the first reexamination may be extended to no more than eighteen (18) months to fit the established reexamination date. Interim Reexaminations - When it is not possible to determine family income with any reasonable degree of accuracy at the time of admission or reexamination, due consideration should be given to recipient's past income and an interim reexamination scheduled. Such interim reexamination will be conducted at any time there is an increase or decrease in income (i.e., Social Security, VA, pension, etc. which will affect the amount of rent, or if the resident is considered at fault for not supplying the correct information. 13 3. Reexamination Procedures a. At the time of reexamination, the head of the household will be required to sign the reexamination and income verification forms. b. Employment and income data including that from assets will be verified, documented and placed in the resident's folder. C. Verified information will be analyzed and a determin- ation made with respect to the following: (1) Eligibility of resident as a family or the remaining member of a family. (2) Size of unit required for the family. (3) Rent which the family should pay. B. Eligibility for Continued Occupant Only those families who qualify as a "family" as defined in Section I will be eligible for continued occupancy, except that the sole remaining member of a family may, at the discretion of the Housing Coordinator, be permitted to remain in occupancy. 1. Persons permitted to remain in occupancy as the sole remaining member of a family must be at least 18 years of age as designated by state law, and 2. Must occupy only an appropriately sized dwelling unit. 3. In addition to meeting the income limitations criteria outlined in paragraph D of this section and maintaining non -violation of the causes for termination of lease agreement as outlined in Section I -D, continued occupancy in a ICHA dwelling unit is dependent upon each resident's willingness to honor his obligations to his neighbors and to ICHA rules and regulations. The following will constitute cause for the termination of the lease agreement between the resident and the ICHA. a. Breach of Rules and Regulations. The willful or repeated violation by the resident, member of his or her family or guests, of rule, regulation or resolution of the ICHA. b. Chronic Delinquency in the Payment of Rent. The repeated failure or refusal of the resident to pay 14 rent when due, through no fault of the ICHA, necessitating service of notices to vacate. C. Noncompliance with Scheduled Reexamination. Failure, neglect or refusal of a resident to furnish management satisfactory verification of family income, assets or composition when requested to do SO. d. Violations of Lease Agreement Provisions. Actions of a resident, member of his or her family, or guests which result in direct violations of the lease agreement. e. Qualification. Failure of a resident or a sole remaining member of a resident family to qualify for occupancy under the rules and regulations of the ICHA or under any applicable state or local statutes or ordinances concerning resident eligibility. C. Action Following Reexaminations If there is any change in the rent or if a transfer from one dwelling unit to another for- the purpose of correcting occupancy standards is indicated, the lease agreement will be amended or a new lease agreement executed. If an appropriate sized unit is not available, the resident will be placed on the transfer list and moved to the appropriate size unit when one does become available. D. Families Determined to be Over -Income for Low -Income Public Rousing If, as a result of a regularly scheduled or interim reexamination of family composition and sources and amounts of family income, a resident family is determined capable of achieving housing accommodations in the unsubsidized or non- public housing sector, the ICHA will not commence eviction proceedings nor refuse to renew the month-to-month lease agreement based upon the income of the resident family unless it has identified for possible rental by the family, a unit of decent, safe and sanitary housing of suitable size available for rental at approximately the same rent -income ratio paid by the resident family before being determined over -income or, unless it is required to do so by local law. E. As a part of the record of each family reexamined, the Housing Coordinator will certify the accuracy of determinations in the space so provided on the application for continued occupancy form. a 15 IX. Establishing Rents Between Admission and First Reexamination and Interim Rent System 1. Changes in Net Family Income - The rent shall be appropriately adjusted upon any change in net family income that would result in a change in the rent being paid. 2. Changes in Family Composition - The rent shall be appropriately dl sted upon the loss or addition of a family member. Tenants shall be required to report as they occur: a. All changes in net family income, or b. All changes in family composition. Increases in rent will be effective in full the first day of the second month following that in which the change occurred, and decreases in rent will be effective the first day of the monthly following that in which the change is reported. Circumstances resulting in a decreased rent will be verified prior to adjusting the rent. Notice of rent increases shall be given as required by state law. X. Transfers A. Transfers required to correct occupancy standards may take priority over new admissions. B. Transfers for the convenience of a resident may be permitted by the Housing Coordinator. Convenience transfers will, however, be discouraged to the greatest possible extent and if allowed, will be accomplished within the following criteria: 1. A charge of $25.00 (to defray added administrative and maintenance charges) must be paid prior to the transfer. 2. The move must be accomplished within three calendar days; otherwise, rent will be charged on both units. 3. Residents will not be eligible for transfer unless they have been a tenant of the ICHA for a minimum of one year. C. The above priority of criteria may be waived by the ICHA to accommodate special needs of the resident. 0/a XII. Reapplication of Applicants or Former Residents A. An applicant rejected by reason of undesirability will not be permitted to file another application for housing for six months and only then after being able to demonstrate to the satisfaction of the ICHA that- ciircumstances which brought about an undesirable determination have changed. This may be demonstrated through casework services provided by local public and/or private agencies. B. A resident evicted by ICHA management may not file another application for housing for one year following the eviction date. At that time, the former resident must demonstrate to the satisfaction of the ICHA that circumstances which brought about an eviction have changed and that the former resident will now make a desirable resident. If circumstances so warrant, this provision may be waived at the discretion of the Housing Coordinator. C. No former resident owing the ICHA an unpaid balance will be re- admitted to a dwelling unit until the unpaid balance is paid in full. XIII. Inspections A. To assure that the objectives of the Housing Assistance Program are met and maintained, inspections are required. This part deals with those inspections and provides guidance and suggestions for those involved. The following inspections will be performed. 1. Pre -Lease Inspection. Before signing the lease the unit will be inspected by the Housing Authority and the tenant. This will be a joint inspection with the results put in writing and both parties will be provided a copy. Annual Inspections. Approximately ninety (90) days prior to lease terminations each unit will be inspected by the Housing Authority. Results of this inspection wil,l be utilized in determining eligibility for continued occupancy. Damage etc. that exceeds normal wear and tear must be corrected at the tenant's expense prior to extending the lease. This inspection will be performed in conjunction with the annual financial review. Special Inspections. A special inspection will be made upon receipt of a complaint. Violations of the lease observed or brought to the attention of the 17 owner may require a special inspection. These inspections may be made at reasonable times and with reasonable notice in accordance with the specific circumstances of each individual instance as required by state law. 4. Close Out Inspection. Upon termination of any lease the Authority will perform a final close out inspec- tion. Results of this inspection will be compared to the pre -lease and annual inspection results to determine what charges, if any, will be assessed the tenant. 5. Routine Maintenance Inspection. The Housing Authority will perform normal maintenance inspections on a pre -scheduled basis. This is to insure that the mechanical, electrical, and ventilating systems are in proper working condition. Pacaivod & Approved OV Th. "J DSptarimarsf W= Appendix 1 to Statement of Policies, Units Owned and Operated by the Iowa City Housing Authority Utility Allowance Water/Sewer/Refuse/Per month 2 Bdr. 3 Bdr. 4 Bdr. 9.70 11.78 13.86 Natural Gas/Per month 16.49 ROW - 18.68 Det. 26.22 S. Det. - 20.19 S. Det. 25.08 Electricity/Per month 23.27 27.49 31.90 TOTAL 49.46 ROW - 57.95 Det. 71.98 S. Det. - 59.46 S. Det. 70.84 ITI-3 I GRIEVANCE PROCEDURE The purpose of this Grievance Procedure is to set forth the requirements, standards and criteria to be used by the Iowa City Housing Authority to assure tenants are afforded an opportunity for a hearing if the tenant disputes within ten days any ICHA action or failure to act involving the tenant's lease with the ICHA, or ICHA regulations which adversely affect the individual tenant's rights, duties, welfare or status. The ICHA grievance procedure shall not be applicable to disputes between tenants not involving .the ICHA or to class grievances. This grievance procedure is not intended to be used for initiating or negotiating policy changes between a group or groups of tenants and the ICHA. I. Informal Hearing The grievance shall be personally presented within 10 days, either orally or in writing, to the ICHA office so that the grievance may be discussed informally and settled without a hearing. A summary of such discussion shall be prepared within 15 days and one copy shall be given to the tenant and one retained in the tenant file. The summary shall specify the names of the participants, dates of meeting, the nature of the proposed disposition of the complaint and the specific reasons therefore, and shall specify the procedures by which a hearing may be obtained if the complainant is not satisfied. This is required as a prerequisite to a formal hearing unless the complainant can show good cause why they failed to proceed under this part to the hearing officer/panel and they have waived the informal hearing. II. Procedure to Obtain Formal Hearing A. The complainant shall submit a written request for a hearing to the ICHA office within 15 days after receipt of the summary of discussion, outlined in #I above. The written request shall specify: (1) The reasons for the grievance, and (2) The action or relief sought. B. Grievances shall be presented before a hearing officer. The hearing officer shall be an impartial, disinterested person selected jointly by the ICHA and the complainant. If the ICHA and the complainant 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. C: If the complainant does not request a hearing in accordance with this procedure, the ICHA disposition of the grievance under the informal procedure shall become final, provided that failure to request a hearing shall not constitute a waiver by the gl,�4 complainant of his right thereafter to contest the ICHA's action in disposing of the complaint in the appropriate judicial proceeding. D. Before a hearing is scheduled in any grievance involving the rent as specified in the lease which the ICHA claims is due, the complainant shall pay to the ICHA an amount equal to the amount of the rent due and payable 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 until the grievance is resolved. These payments may be waived by the ICHA in extenuating circumstances. Unless waived, failure to make such payments shall not constitute a waiver of any right the complainant may have to contest the ICHA's disposition of his grievances in any appropriate judicial proceeding. E. A hearing shall be scheduled by the hearing officer/hearing panel promptly for a time and place reasonably convenient to both the complainant and the ICHA. A written notification specifying the time, place and the procedures governing the hearing shall be delivered to the complainant and the appropriate ICHA official. III. Procedures Governing the Hearing A. The hearing shall be held before the hearing officer/hearing panel. The complainant shall be afforded the opportunity to: (1) Examine before the hearing and at the expense of the complainant, to copy all documents, records and regulations of the ICHA that are relevant to the hearing. Any document not made available by the ICHA to the complainant may not be relied on by the ICHA. (2) The right to be represented by counsel or other person. (3) 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. (4) A decision based solely and exclusively upon the facts presented at the hearing and all written records relevant thereto. The hearing officer/hearing panel may render a decision without proceeding with the hearing if the hearing officer/hearing panel determines that the issue has been previously decided in another proceeding. 8/S 3 D. If the complainant or the ICHA fails to appear at the scheduled hearing, the hearing officer/hearing panel may make a determination to postpone the hearing for not to exceed five business days or may make a determination upon the record without the party present. E. At the hearing the complainant must first show he or she is entitled to the relief sought and thereafter the ICHA must justify the ICHA action or failure to act against which the grievance is directed. F. The hearing shall be conducted informally by the hearing officer/hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complainant may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer/hearing panel shall require the ICHA, the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. IV. Decision of the Hearing Officer/Hearing Panel A. The hearing officer panel shall make a decision based on all relevant evidence presented either orally or in writing and such decision shall be made upon the record as a whole. The hearing officer/hearing panel shall prepare a written decision, together with the reasons therefore, within 20 days after the hearing. Such decision may reverse, affirm, or modify the ICHA's decision and relief granted shall be explicitely set forth in writing. A copy of the decision shall be sent to the complainant and the PHA. The PHA shall retain a copy of the decision in the tenant's folder. A copy of this decision, with all names and identifying references deleted, shall be maintained on file by the PHA and made available for inspection by the complainant, his representative or the hearing officer/hearing panel. B. The decision of the hearing officer/hearing panel shall be binding on the PHA which shall take all actions, or refrain from any actions, necessary to carry out the decision unless the PHA Board of Commissioners determines within 15 days and promptly notifies the complainant of its determination, that (1) The grievance does not concern ICHA action or failure to act in accordance with or involving the complainant's lease on ICHA regulations, which adversely affect the complainant's rights, duties, welfare or status; (2) The decision of the hearing officer/hearing panel is contrary to applicable Federal, State or local law, HUD regulations or requirements of the Annual Contributions Contract between HUD and the ICHA. M- rd C. A decision by the hearing officer/hearing panel or Board of Commissioners in favor of the ICHA or which denies the relief requested by the complainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter. ICHA Eviction Actions If a tenant has requested a hearing in accordance with these procedures on a complaint involving a ICHA notice of termination of the tenancy and the hearing officer/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 tenants and in no event shall the notice to vacate be issued prior to the decision of the hearing officer/hearing panel having been mailed or delivered to the complainant. Such notice to vacate must be in writing and specify that if the tenant fails to quit the premises within the applicable statutory period, or on the termination date stated in the notice of termination, whichever is later, appropriate action will be brought against him and he may be required to pay court costs and attorney fees if unsuccessful in court. Received & Approved By the Legal Dapulsnent E17 RESOLUTION NO. 81-217 RESOLUTION ADOPTING SUPPLEMENT NUMBER NINE TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the ninth supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number nine 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 nine 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 Roberts and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer T_ Erdahl x Lynch _ x Neuhauser X Perret x Roberts X Vevera Passed and approved tnis 11th day of AuflLst 1981. OR ATTEST: CITY CLERK Received & Approved By jhe legal Department S3/� E • SUPPLEMENT NO. 9 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 81-3021, enacted May 5, 1981. See Code Comparative Table, page 2957. Remove old pages Insert new pages [1] through [4] 525 through 538 545, 546 1155, 1156 2270.1 through 2274 2359,2360 2575, 2576, 2576.1 2957 Index pages 3073, 3074 [1] through [4] 525 through 538.7 545, 546, 546.1 1155, 1156, 1156.1 2271 through 2274.7 2359, 2360 2575, 2576, 2576.1 2957 Index pages 3073, 3074 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida July, 1981 • Note—For checklist of up-to-date pages in Code, see page [1] following Table of Contents. • Checklist of Up -to -Date Pages (This checklist win be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the • page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Sapp. No. Page No. Supp. No. Title page OC 121-126 0C iii OC 177-198 OC V, vi OC 199--201 6 vii 3 261-263 OC ix—xiv OC 30312 OC xv, xvi 2 363, 864 1 xvii—xviii.i 6 366--368 2 xix, xx 2 369-372 3 xxi, xxii 7 37374.2 6 1-4 OC 876, 376 OC 6-6.1 1 377-378.1 1 7-16 OC 379-381 OC 17, 18 1 431, 432 OC 19, 20 OC 483-498 8 71 1 617-624 7 • Supp. No. 8 [1] IOWA CITY CODE • Page No. Supp. No. Page No. Supp. No. 525-538.7 9 1535, 1536 OC 539-544 7 1537-1540 6 545-546.1 9 1540.1 1 547-554 7 1541-1546 OC 555-558 8 1547-1548.1 1 559-567 OC 1549-1562 OC 617, 618 OC 1563, 1564 3 639-650 1 1565, 1566 1 669-674.1 1 1567, 1568 8 675-686 OC 1568.1 1 737-744 1 1569, 1570 OC 745, 746 3 1571, 1572 1 747-750 1 1573-1576 OC 811, 812 OC 1577-1578.1 3 813-818 8 1579-1590 OC 867, 868 OC 1591, 1592 1 919-920.1 5 1593-1597 2 921-930 OC 1643, 1644 2 931-932.2 5 1645-1646.1 1 • 933-980.16 1 1647-1662 OC 981-986.1 3 1663 1 987-988.1 1 1713, 1714 2 989, 990 OC 1714.1 1 991-994.1 3 1715-1724 OC 995-998 1 1725-1727 3 999 OC 1775-1780 OC 1049 OC 1831-1840 OC 1149-1154 8 1841-1842.1 1 1155-1156.1 9 1843-1853 OC 1157-1193 8 1903-1916 7 1229-1250 2 1967-1970 - OC 1297-1301 OC 2021 OC 1351-1356 OC 2121-2128 OC 1407-1416 OC 2129-2132 3 1467-1477 OC 2133-2138 OC 1527, 1528 2 2139-2140.1 4 1529, 1530 1 2141-2147 OC 1631-1534.1 3 2197-2208 OC Supp. No. 9 [27 • • CHECKLIST OF UP-TO-DATE PAGES—IOWA CITY Page No. Supp. No. Page No. Supp. No. 2209-2210.1 1 2530.1, 2530.2 1 2211, 2212 OC 2531-2538 OC 2213-2217 3 2539-2540.1 3 2267-2270 7 2541-2542.2 2 2271-2274.7 9 2543-2550 OC 2275-2276.1 1 2551-2554.1 3 2277-2280 OC 2555, 2556 5 2281-2282.13 7 2557-2558.1 6 2283-2290 OC 2559-2570 OC 2291-2292.1 6 2571, 2572 5 2293-2298 OC 2573, 2574 OC 2299, 2300 6 2575-2576.1 9 2301 OC 2577-2580 OC 2351, 2352 1 2581-2582.1 2 2353-2358 OC 2583, 2584 3 2359, 2360 9 2585-2588 5 2361-2364 OC 2589, 2590 3 2365-2370 1 2591, 2592 5 2419-2420.1 • 1 2593-2612 OC 2421-2424 OC 2913, 2914 8 2425, 2426 1 2935-2040 OC 2427, 2428 OC 2941-2950 OC 2429 1 2951, 2952 2 2479-2482.1 3 2953, 2954 5 2483, 2484 2 2955, 2956 7 2485-2488.2 3 2957 9 2489, 2490 2 2971-2976 OC 2491-2492.1 1 2977, 2978 OC 2493, 2494 OC 2979-2980.1 3 2495-2498.1 1 2981-2992.2 8 2499-2506 OC 2993-2994 1 2507-2510.4 1 2995-2998 8 2511-2516 OC 2999, 3000 1 2517, 2518 1 3001-3008.3 8 2519, 2520 OC 3009, 3010 1 2521-2528 1 3010.1, 3010.2 5 2529-2530.01 6 3011 5 • SUPP. No. 9 [31 IOWA CITY CODE • Page No. Supp. No. Page No. Supp. No. 3012.1, 3012.2 1 3045-3048 2 3012.3, 3012.4 3 8049050.2 4 3013-3020.2 8 3051, 3052 OC 3021, 3022 OC 3053-3054.1 8 3023, 3024 1 3055-3062 1 3025, 3026 8 3063-3064.01 2 3027, 3028 7 3064.1, 3064.2 1 3029-3032.1 1 3065, 3066 2 3033, 3034 OC 3067-X068.1 3 3035-3036 8 3069, 3070 1 3036.1 2 3071-3072.1 8 3037, 3038 1 3073, 3074 9 3039, 3040 8 3074.1 7 3041, 3042 1 3075-3076.1 1 3042.1, 3042.2 6 3077-3081 OC 3043, 3044 OC • Supp. No. 9 • [4] • BUILDINGS AND BUILDING REGULATIONS § 8-17 (c) Expiration o/ plan review. Applications for which no permit is issued within one hundred twenty (120) days following the date of application shall expire and plans submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred twenty (120) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. If the applicant for a building permit cancels the building permit or the application for same, all plan review fees assessed to part of the permit application shall be retained by the city. (Ord. No. 80-3005, § 3, 8-26-80) • Section 305, Inspections, subsection (e) is amended to read as follows: (e) Required inspections. Reinforcing steel or structural framework for any part of any building or structure shall not be covered or concealed without first obtaining the approval of the building official. The building official, upon notification from the permit holder or his/her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his/her agent wherein the same fails to comply with this code. (1) Footing inspection: To be made after trenches are excavated and forms erected and when all materials for the footings are delivered on the job. Where concrete from a central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job. • Supp. No. s 525 § 8-17 IOWA CITY CODE • (2) Frame inspection: To be made after the roof, all framing, fire blocking, and bracing are in place and all pipes, chimneys and vents are completed. (3) Final inspection: To be made after the building is completed and ready for occupancy. (Ord. No. 80-3005, § 3, 8-26-80) Section 307, Certificate of occupancy, subsection (a) is amended to read as follows: (a) Use or occupancy. No building or structure of Group A, B, E, H, I or R occupancies shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (Ord. No. 80-3005, § 3, 8-26-80) Table 3-A, Building permit fees, is deleted. (Ord. No. 80-3005, § 3, 8-26-80) • Section 421, Definitions, "T", is amended to read as follows: Truss is a pre -built and engineered component employ- ing one or more triangles in its construction, or an approved designed and engineered component that functions as a structural support member. (Ord. No. 80-3005, § 3, 8-26-80) Section 423, Definitions, "V", is amended to read as follows: Value or Valuation of a building shall be the cost per square foot based upon current replacement costs as determined by the bi-monthly publication entitled "Build- ing Standards"; building valuation data and regional modifiers as set by "Building Standards" shall be utilized in conjunction with Section 304(a), as amended, to determine valuation. (Ord. No. 80-3005, § 3, 8-26-80) Section 605, Light, ventilation and sanitation, is amended to read as follows: Supp. No. 9 526 • • BUILDINGS AND BUILDING REGULATIONS 18-17 (a) Light, ventilation and sanitation. All enclosed portions of Group A occupancies customarily used by human beings and all dressing rooms shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth of the total floor area, and natural ventilation by means of openable exterior openings with an area of not less than one -twentieth of the total floor area or shall be provided with artificial light and a mechanically operated ventilat- ing system. The mechanically operated ventilating system shall supply a minimum of five (5) cubic feet per minute of outside air with a total circulated of not less than fifteen (15) cubic feet per minute per occupant in all portions of the building and such system shall be kept continuously in operation during such time as the building is occupied. If the velocity of the air at the register exceeds ten (10) feet per second, the register shall be placed more than eight (8) feet above the floor directly beneath. • Exit lighting in portions of buildings other than the stage shall be on a separate circuit from that of the stage. Such exit lighting shall be controlled from the box office or other approved central control center located in a portion of the building other than the stage. All lights in the corridors, exit courts and exit passageways shall be protected by a wire cage. All registers or vents supplying air backstage shall be equipped with automatic -closing devices with fusible links. Such closing devices shall be located where the vents or ducts pass through the proscenium wall and shall be operated by fusible links located on both sides of the proscenium wall and both inside of and outside of the vent or duct. There shall be provided in an approved location at least one lavatory for each two (2) water closets for each sex, and at least one drinking fountain for each floor level. For other requirements on water closets, see Section 1711. • Supp No. 9 527 § 8-17 IOWA CITY CODE • (b) Ceiling height. All rooms shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. (Ord. No. 81-3020, § 2, 5-5-81) Section 608, Special hazards, is amended to read as follows: Stages shall be equipped with automatic ventilators as required in Section 3901. Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Motion picture machine booths shall conform to the requirements of Chapter 40. Proscenium curtains shall conform to the requirements set forth in U.B.C. Standard No. 6-1. Flammable liquids shall not be placed or stored in any Group A occupancy. All exterior openings in a boiler room or room • containing central heating equipment if located below openings in another story or if less than ten (10) feet from other doors or windows of the same building shall be protected by a fire assembly having a three -fourths -hour fire -protection rating. Such fire assemblies shall be fixed, automatic or self-closing. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than one-hour fire -resistive occupancy separation. Exception: Boilers or central heating plants where the largest piece of fuel equipment does not exceed four hundred thousand (400,000) Btu's per hour input. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies in- stalled in the atmospheric separation shall be activated by Supp. No. 9 528 • • BUILDINGS AND BUILDING REGULATIONS § 8-17 approved detectors of products of combustion other than heat. (Ord. No. 80-3005, § 3, 8-26-80) Section 705, Light, ventilation and sanitation, is amended to read as follows: (a) Light, ventilation and sanitation. All portions of Group 13 occupancies shall be provided with natural light by means of exterior glazed openings with an area equal to one-tenth of the total floor area, and natural ventilation by means of exterior openings with an area not less than one -twentieth of the total floor area, or shall be provided with artificial light and a mechanically operated ventilat- ing system as specified in Section 605. In all buildings or portions thereof where flammable liquids are used, exhaust ventilation shall be provided sufficient to produce four (4) air changes per hour. Such exhaust ventilation shall be taken from a point at or near the floor level. • In all enclosed parking garages used for storing or handling of automobiles operating under their own power and on all loading platforms in bus terminals, ventilation shall be provided capable of exhausting a minimum of one and five -tenths (1.5) cfm per square foot of gross floor area. The building official may approve an alternate ventilation system designed to exhaust a minimum of fourteen thousand (14,000) cfm for each operating vehicle. Such system shall be based upon the anticipated instantaneous movement rate of vehicles but not less than two and five -tenths (2.5) per cent (or one vehicle) of the garage capacity. Automatic CO -sensing devices may be employed to modulate the ventilation system to maintain a maximum average concentration of CO of fifty (50) ppm during any eight-hour period, with a maximum concen- tration not greater than two hundred (200) ppm for a period not exceeding one hour. Connecting offices, waiting rooms, ticket booths, etc., shall be supplied with condi- tioned air under positive pressure. Exception: In gasoline service stations without lubrica- • tion pits, storage garages, and aircraft hangars not Supp. No. 9 529 § 8-17 IOWA CITY CODE • exceeding an area of five thousand (5,000) square feet, the building official may authorize the omission of such ventilating equipment where, in his opinion, the building is supplied with unobstructed openings to the outer air which are sufficient to provide the necessary ventilation. Every building or portion thereof where persons are employed shall be provided with at least one water closet. Separate facilities shall be provided for each sex when the number of employees exceeds four (4) and both sexes are employed. Such toilet facilities shall be located either in such building or conveniently in a building adjacent thereto on the same property. Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a nonabsorbent interior finish as specified in Section 1711, shall have hand -washing facilities therein or adjacent thereto, and shall be separated from food preparation or storage rooms as specified in Section 510. All water closet rooms shall be provided with an exterior • window at least three (3) square feet in area, fully openable; or a vertical duct not less than one hundred (100) square inches in area for the first toilet facility, with an additional fifty (50) square inches for each additional toilet facility; or a mechanically operated exhaust system, which is connected to the light switch, capable of providing a complete change of air every fifteen (15) minutes. Such systems shall be vented to the outside air and at the point of discharge shall be at least five (5) feet from any openable window. For other requirements on water closets, see Section 1711. (b) Ceiling height. All rooms shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. (Ord. No. 81-3020, § 2, 5-5-81) Section 708, Special hazards, is amended to read as follows: Supp. No. 9 530 • • BUILDINGS AND BUILDING REGULATIONS § 8-17 Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. No storage of volatile flammable liquid shall be allowed in Group B, Division 1, 2 or 3 occupancies and the handling and use of gasoline, fuel oil and other flammable liquids shall not be permitted in any Group B occupancy unless such use and handling comply with U.B.C. Standard No. 9-1. Devices generating a glow or flame capable of igniting gasoline vapor shall not be installed or used within forty-eight (48) inches of the floor in any room in which volatile flammable liquids or gas are used or stored. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than a one-hour fire -resistive occupancy separation. Exception: Boilers or central heating plants where the • largest piece of fuel equipment does not exceed four hundred thousand (400,000) Btu's per hour input. Buildings erected or converted to house high -piled combustible stock shall comply with the Fire Code. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies in- stalled in the atmospheric separation wall shall be activated by approved detectors of products of combustion other than heat. (Ord. No. 80-3005, § 3, 8-26-80) Section 709, Open parking garages, subsection (b) is amended to read as follows: (b) Definition. For the purpose of this section, an open parking garage is a structure of Type I or Type II construction, which is open on two (2) or more sides totalling not less than forty (40) per cent of the building perimeter and which is used exclusively for parking or • Supp. No. 9 531 § 8-17 IOWA CITY CODE • storage of private pleasure cars. For a side to be considered open, the total area of openings distributed along the side shall be not less than fifty (50) per cent of the exterior wall of the side at each tier. Exceptions: (1) The grade level tier may contain an office, waiting and toilet rooms having a total area of not more than one thousand (11000) square feet and such area need not be separated from the open parking garage. (2) Publicly owned parking garages may contain an office, waiting and toilet rooms having a total area of more than one thousand (1,000) square feet when proper area separation is provided and approval of the building official is obtained. (3) Where in the opinion of the building official the total area of openings required for natural ventila- • tion of the garage can be achieved by means other than construction allowing fifty (50) per cent of the exterior area of each side to be open at each tier, said alternatives shall be considered as meeting the definition of an open parking garage. Open parking garages are further classified as either ramp -access or mechanical -access. Ramp -access open parking garages are those employing a series of continu- ously rising floors or a series of interconnecting ramps between floors permitting the movement of vehicles under their own power from and to the street level. Mechanical - access parking garages are those employing parking machines, lifts, elevators or other mechanical devices for vehicles moving from and to street level and in which public occupancy is prohibited above the street level. (Ord. No. 80-3005, § 3, 8-26-80) Section 709, Open parking garages, subsection (h) is amended to read as follows: (h) Standpipes. Standpipes shall be installed when required by the provisions of Chapter 38. • Supp. No. 9 532 • BUILDINGS AND BUILDING REGULATIONS ; a-17 Exception: Publicly owned parking garages may be exempted from the wet standpipe requirements when requested in writing by the Iowa City Fire Marshal. (Ord. No. 80-3005, § 3, 8-26-80) Section 709, Open parking garages, subsection (i) is amended to read as follows: (i) Sprinkler systems. When required by other provisions of this code, automatic sprinkler systems and standpipes shall be installed in accordance with the provisions of Chapter 38. Exception: Publicly owned parking garages may be exempted from the requirements of sprinkler systems and wet standpipes when requested in writing by the Iowa City Fire Marshal.'(Ord. No. 80-3005, § 3, 8-26-80) Section 805, Light, ventilation and sanitation, is amended to read as follows: • (a) Light, ventilation and sanitation. All portions of Group E occupancies shall be provided with light and ventilation, either natural or artificial, as specified in Section 605. Water closets shall be provided on the basis of the following ratio of water closets to the number of students: Male Female Elementary schools 1:100 1:35 Secondary schools 1:100 1:45 In addition, urinals shall be provided for males on the basis of 1:30 in elementary and secondary schools. There shall be provided at least one lavatory for each two (2) water closets or urinals, and at least one drinking fountain on each floor for elementary and secondary schools. For other requirements on water closets, see Section 1711. • Supp. No. 9 533 § 8-17 IOWA CITY CODE • (b) Ceiling height. All rooms shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. (Ord. No. 81-3020, § 2, 5-5-81) Section 905, Light, ventilation and sanitation, is amended to read as follows: (a) Light, ventilation and sanitation. All portions of Group H occupancies shall be provided with natural light by means of exterior glazed openings with an area equal to one-tenth of the total floor area, and natural ventilation by means of exterior glazed openings with an area not less than one -twentieth of the total floor area, or shall be provided with artificial light and a mechanically operated ventilating system as specified in Section 605. In all buildings or portions thereof where flammable liquids are used, exhaust ventilation shall be provided sufficient to produce four (4) complete air changes per hour. Such exhaust ventilation shall be taken from a • point at or near the floor level. In all buildings used for the repair or handling of automobiles operating under their own power, ventilation shall be provided capable of exhausting a minimum of one cfm per square foot. Additionally, each engine repair stall shall be equipped with an exhaust pipe extension duct, extending to the outside of the building, which, if over ten (10) feet in length, shall mechanically exhaust three hundred (300) cubic feet per minute. Connecting offices and waiting rooms shall be supplied with conditioned air under positive pressure. Exception: In public repair garages and aircraft hangars not exceeding an area of five thousand (5,000) square feet, the building official may authorize the omission of such ventilating equipment where, in his opinion, the building is supplied with unobstructed openings to the outer air which are sufficient to provide the necessary ventilation. Every building or portion thereof where persons are • employed shall be provided with at least one water closet. Supp. No. 9 534 • BUILDINGS AND BUILDING REGULATIONS ; 8-17 Separate facilities shall be provided for each sex when the number of employees exceeds four (4) and both sexes are employed. Such toilet facilities shall be located either in such building or conveniently in a building adjacent thereto on the same property. All water closet rooms shall be provided with an exterior window at least three (3) square feet in area, fully openable; or a vertical duct not less than one hundred (100) square inches in area for the first toilet facility, with an additional fifty (50) square inches for each additional toilet facility; or a mechanically operated exhaust system, which is connected to the light switch, capable of providing a complete change of air every fifteen (15) minutes. Such systems shall be vented to the outside air and at the point of discharge shall be at least five (5) feet from any openable window. For other requirements on water closets, see Section • 1711. (b) Ceiling height. All rooms shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. (Ord. No. 81-3020, § 2, 5-5-81) Section 908, Special hazards, is amended to read as follows: Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Every boiler or central heating plant shall be separated from the rest of the building by a two-hour fire -resistive occupancy separation. In Divisions 1 and 2, there shall be no openings in such occupancy separations except for necessary ducts and pipings. In any room in a Group H, Division 1, 2 or 3 occupancy in which volatile, flammable liquids or hazardous materials are stored or used, no energy consuming • Supp. No. 9 535 8-17 IOWA CITY CODE • equipment shall be used unless such equipment has been listed specifically for the hazardous atmosphere that may develop. In Division 4 occupancies devices which generate a spark or glow capable of igniting gasoline vapors shall not be installed or used within forty-eight (48) inches of the floor. The use, handling and sale of Class I, II and III -A liquids shall be in accordance with U.B.C. Standard No. 9-1 and the Fire Code. Drycleaning plants shall conform to the provisions of U.B.C. Standard No. 9-2 and the Fire Code. Equipment or machinery which generates or emits combustible or explosive dust or fiber shall be provided with an adequate dust -collecting and exhaust system installed in conformance with U.B.C. Standard No. 9-3. The storage and handling of cellulose nitrate plastic • other than film shall be in accordance with the Fire Code. Storage and handling of combustible fiber in amounts beyond the exemptions in Table No. 9-A shall be in accordance with the Fire Code. Combustible fiber storage rooms or vaults having a capacity exceeding five hundred (500) cubic feet shall be separated from the remainder of the building by a two-hour fire -resistive occupancy separation. Buildings erected or converted to house high -piled combustible stock shall comply with the Fire Code. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies in- stalled in the atmospheric separation shall be activated by approved detectors of products of combustion other than heat. (Ord. No. 80-3005, § 3, 8-26-80) Supp. No. 9 • 536 • BUILDINGS AND BUILDING REGULATIONS § 8-17 Section 1005, Light, ventilation and sanitation, is amended to read as follows: (a) Light, ventilation and sanitation. All portions of Group I occupancies shall be provided with natural light by means of exterior glazed openings with an area equal to one-tenth of the total floor area, and natural ventilation by means of exterior openings with an area not less than one -twentieth of the total floor area, or shall be provided with artificial light and a mechanically operated ventilat- ing system as specified in Section 605. For other requirements on water closets, see Section 1711. (b) Ceiling height. All rooms shall have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. (Ord. No. 81-3020, § 2, 5-5-81) Section 1008, Special hazards, is amended to read as • follows: Chimneys and heating apparatus shall conform to the requirements of Chapter 37 of this code and the Mechanical Code. Motion picture machine rooms shall conform to the requirements of Chapter 40. Storage of volatile flammable liquids shall not be allowed in Group I occupancies and the handling of such liquids shall not be permitted in any Group I occupancies in quantities more than one gallon unless such handling complies with U.B.C. Standard No. 9-1. All exterior openings in a boiler room or room containing central heating equipment if located below openings in another story, or if less than ten (10) feet from other doors or windows of the same building, shall be protected by a fire assembly having a three -fourths -hour fire -protection rating. Such fire assemblies shall be fixed, automatic and self-closing. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than a one-hour • fire -resistive occupancy separation. Supp. No. 9 537 § 8-17 IOWA CITY CODE • Exception: Boilers or central heating plants where the largest piece of fiiel equipment does not exceed four hundred thousand (400,000) Btu's per hour input. Ducts penetrating atmospheric separation walls as defined in Section 802, partitions or floors shall be equipped with an approved automatic -closing smoke damper when having openings into more than one atmosphere. All automatic -closing fire assemblies in- stalled in the atmospheric separation shall be activated by approved detectors of products of combustion other than heat. (Ord. No. 80-3005, § 3, 8-26-80) Section 1204, Exit facilities, is amended to read as fol- lows: Stairs, exits and smokeproof enclosures shall be as specified in Chapter 33. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the • use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of five and seven - tenths (5.7) square feet. The minimum net clear openable area shall have no dimension less than twenty-two (22) inches or shall not have less than a twenty -inch horizontal or a twenty -four -inch vertical dimension. Where windows are provided as a means of egress or rescue, they shall have a finished sill height not more than. forty-four (44) inches above the floor. (Ord. No. 80-3005, § 3, 8-26-80) Section 1205, Light, ventilation and sanitation, subsection (a) is amended to read as follows: (a) Light, ventilation and sanitation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one-eighth of the floor area of such rooms with a minimum of eight (8) square feet. All bathrooms, water closet compartments, • Supp. No. 9 538 • BUILDINGS AND BUILDING REGULATIONS § 8-17 laundry rooms and similar rooms. shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twenty-fifth of the floor area of such room with a minimum of one and one-half (1�/2) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one -twenty-fifth of the floor area of such rooms with a minimum of four (4) square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar • rooms, a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. For the purpose of determin- ing light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. Exceptions: (1) Required windows may open onto a roofed porch, where the porch: a. Abuts a street, yard, or court; b. Has a ceiling height of not less than seven (7) feet; and • Supp. No. 9 538.1 § 8-17 IOWA CITY CODE • c. Has the longer side at least sixty-five (65) per cent open and unobstructed. (2) Kitchens need not be provided with natural light by means of exterior glazed opening provided that a mechanical ventilation system capable of providing two (2) air changes per hour and artificial lighting is provided. (Ord. No. 80-3005, § 3, 8-26-80; Ord. No. 81-3020,§ 2,5-5-81) Section 1207, Room dimensions, subsections (a) and (b) are amended to read as follows: (a) Ceiling heights. Habitable space shall have a ceiling height of not less than seven (7) feet six (6) inches except as otherwise permitted in this section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight (48) inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling • members are spaced at forty-eight (48) inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than seven (7) feet above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than six (6) feet, eight (8) inches. The main support beam shall be considered the same as a furred ceiling. (Ord. No. 81-3020, § 2, 5-5-81) Supp. No. 9 • 538.2 • BUILDINGS AND BUILDING REGULATIONS § 8-17 (b) Floor area. Every dwelling unit shall have at least one room which shall have not less than one hundred fifty (150) square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than eighty (80) square feet. Efficiency dwelling units shall comply with the requirement of Section 1208. (Ord. No. 80-3005, § 3,8-26-80) Section 1210, Fire -warning and sprinkler systems, subsec- tion (a) is amended to read as follows: (a) Fire -warning systems. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room and hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping • rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with the approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When one or more sleeping rooms are added or created in existing Group R occupancies, the entire building shall be provided with smoke detectors located as required for new Group R occupancies. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without disconnecting switch other than those required for over current protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power. (Ord. No. 80-3005, § 3, 8-26-80) Section 1213, Access to buildings and facilities, is deleted. (Ord. No. 80-3005, 13, 8-26-80) • Supp. No. 9 538.3 § 8-17 IOWA CITY CODE • Section 1718 is amended [created] to read as follows: Section 1718. Trusses. Preparation, fabrication and installation of trusses shall conform to accepted engineering practices and to the requirements of this code. No alterations, including but not limited to cutting, splicing or removal of webs, gussetts or chords, shall be made without approval of a certified engineer and the building official. Any alter- ations not acceptable to the building official shall be ordered removed. (Ord. No. 80-3005, § 3, 8-26-80) Section 2311, Wind design, subsection (h) is amended to read as follows: (h) Miscellaneous structures. Fences less than twelve (12) feet in height, lath houses and agricultural buildings shall be designed for the horizontal wind pressures as set forth in Table No. 23-F except that if the height zone is twenty (20) feet or less, two-thirds of the first line of listed values may be used. For greenhouses and prefabricated metal sheds four hundred (400) square feet or less and • twenty (20) feet or less in height, one-half of the first line of listed values in Table No. 23-F may be used. The structures shall be designed to withstand an uplift wind pressure equal to three-fourths of the horizontal pressure. (Ord. No. 80-3005, § 3, 8-26-80) Section 2907, Footings, subsection (a) is amended to read as follows: (a) General. Footings and foundations, unless otherwise specifically provided, shall be constructed of masonry, concrete or treated wood in conformance with U.B.C. Standard No. 29-3 and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least six (6) inches above the adjacent finished grade. Footings shall have a minimum depth below finish grade as indicated in Table No. 29-A unless another depth is recommended by a foundation investigation. Supp. No. 9 • 538.4 • BUILDINGS AND BUILDING REGULATIONS § 8-17 Exception: (1) A one-story wood or metal frame building not used for human occupancy and not over one thousand (1,000) square feet in floor area need not be provided with a footing extending below the frost line. (Ord. No. 80-3005, § 3, 8-26-80) Table No. 29-A, Foundations for stud -bearing walls— Minimum requirements, is amended to read as follows: Thickness of Foundation Wall Width Thickness No. (inches) of of Of Footing Footing Stories Concrete Masonry (inches) (inches) 1 8 8 16 8 2 8 8 16 8 3 8 8 18 8 • Notes: Where unusual conditions or frost conditions are found, footings and foundations shall be as required in Section 2907(a). The ground under the floor may be excavated to the elevation of the top of the footing. (Ord. No. 81-3020, § 2, 5-5-81) Section 3205, Attics: access, draft stops and ventilation, subsection (a) is amended to read as follows: (a) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor or hallway of buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed to be readily accessible. The opening shall be not less than twenty-two (22) inches by thirty (30) inches. • Supp. No. 9 538.5 § 8-17 IOWA CITY CODE • Thirty -inch minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access openings. (Ord. No. 80-3005, § 3, 8-26-80) Section 3305, Stairways, subsection 0) is amended to read as follows: (j) Handrails. Stairways shall have handrails on each side, and every stairway required to be more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eighty-eight (88) inches of required width. Intermediate handrails shall be spaced approximately equal within the entire width of the stairway. Exceptions: (1) Stairways forty-four (44) inches or less in width and stairways serving one individual dwelling unit in Group R, Division 1 or 3 occupancies may have one handrail, except that such stairways open on one or both sides shall have handrails provided on the open side or sides. (2) Private stairways thirty (30) inches or less in height may have handrails on one side only. (3) Stairways having less than four (4) risers need not have handrails. Handrails shall be placed not less than thirty (30) inches nor more than thirty-four (34) inches above the nosing of the treads. They shall be continuous the full length of the stairs and, except for private stairways and Group R, Division 3 occupancies, at least one handrail shall extend not less than six (6) inches beyond the top and bottom risers. All handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails projecting from a wall shall have a space of not less than one and one-half (11/2) inches between the wall and the handrail. The handgrip portion of handrails • Supp. No. 9 538.6 • BUILDINGS AND BUILDING REGULATIONS § 8-17 shall be not less than one and one-fourth (1'/4 ) inches nor more than two and one-half (21/2) inches in cross-sectional dimension and shall have a smooth surface with no sharp corners. Exception: The handgrip portion of the handrails may have a cross-sectional dimension greater than two and one-half (21/2 ) inches with the approval of the building official. (Ord. No. 81-3020, § 2, 5-5-81) Item No. 21 of Table 33-A is amended to read as follows: Access by means of a Minimum of 2 ramp or an ele- exits other than vator must be elevators is re- provided for the quired where Square feet physically han- number of occu- per dicapped as in - Uses pants is over occupant' dicated' Enclosed 50 50 for the Yes' • swimming pool area; pools 15 on the deck Chapter 7 in the appendix is amended [created] to read as follows: Chapter 7. Covered Mall Buildings Section 710. General. (a) Purpose. The purpose of this chapter is to establish minimum standards of safety for the construction and use of covered mall buildings. (b) Scope. The provisions of this chapter shall apply to buildings or structures defined herein as covered mall buildings. Exception: When approved by the building official, the following uses need not comply with the provisions of this chapter: • Supp. Na. 9 538.7 • BUILDINGS AND BUILDING REGULATIONS § 8-17 (f) Access to exits. When more than one exit is required, they shall be so arranged that it is possible to go in either direction from any point in a mall to a separate exit, except for deadends, not exceeding a length equal to twice the width of the mall measured at the narrowest location within the deadend portion of the mall. The minimum width of exits from a mall shall be sixty-six (66) inches. Exception: Exit widths may be reduced to not less than sixty (60) inches if they are in compliance with Section 3302(b) of this code and are approved by the building official. When exit passageways are present to provide a secondary exit from a tenant space, doors to the exit passageway shall be one-hour fire doors. Such doors shall be self-closing and be so maintained or shall be automatically closing by smoke detection. Storage is prohibited in exit passageways which are also • used for service to the tenant. Such exit passageways shall be posted with conspicuous signs so stating. (Ord. No. 81-3018, § 2, 2-24-81) (g) Malls. For the purpose of providing required egress, malls shall be considered as corridors, but need not comply with the requirements of Section 3304(g) and 3304(h) of this code when the width of the mall is as specified in this section. The minimum width of a mall shall be twenty (20) feet. There shall be a minimum of ten (10) feet clear width to a height of eight (8) feet between any projection from a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display or other obstruction to egress. The mall shall be sufficient to accommodate the occupant load immediately tributary thereto. Malls which do not conform to the requirements of this section shall comply with the requirements of Sections 3304(g) and 3304(h) of this code. • Supp. No. 9 545 § 8-17 IOWA CITY CODE • (h) Security grills and doors. Horizontal sliding or vertical security grills or doors which are a part of a required means of egress shall conform to the following: (1) They must remain secured in the full open position during the period of occupancy by the general public. (2) Doors or grills shall not be brought to the closed position when there are more than ten (10) persons occupying spaces served by a single exit or fifty (50) persons occupying spaces served by more than one exit. (3) The doors or grills shall be openable from within without the use of any special knowledge or effort when the space is occupied. (4) When two (2) or more exits are required, not more than one-half of the exits may be equipped with horizontal sliding or vertical rolling grills or doors. (i) Exit connection to publicly owned open parking • garages. Covered malls otherwise meeting all the above exiting requirements may be connected directly to an open parking garage owned and operated by the city, provided that any such opening be protected by an automatic -clos- ing fire assembly in accordance with the requirements of Section 4306. (Ord. No. 80-3005, § 3, 8-26-80) Section 713. Occupancy. (a) General. Covered mall buildings shall be classified as Group B, Division 2 occupancies and may contain accessory uses consisting of Groups A, E or R, Division 1 occupancies. The area of individual accessory uses within a covered mall building shall not exceed three (3) times ' the basic area permitted by Table No. 5-C of this code for the type of construction and the occupancy involved. The aggregate area of all accessory uses within a covered mall building shall not exceed twenty-five (25) per cent of the gross leasable area. An attached garage for the storage of passenger vehicles having a capacity of not more than nine. (9) persons and Supp. No. 9 • 546 • BUILDINGS AND BUILDING REGULATIONS § 8-17 open parking garages may be considered as a separate building when they are separated from the covered mall building by an occupancy separation having a fire endurance time period of at least two (2) hours. (b) Mixed occupancy. Individual tenant spaces within a covered mall building which comprise a distinct ` occu- • • Supp. No. 9 546.1 • HOUSING § 17-2 addition to the minimum space and facility requirements for a dwelling unit or rooming unit. Refuse shall mean waste materials (except human waste) including garbage, rubbish, ashes and dead animals. Refuse container shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions. Regulations (see "rules"). Rental permit shall mean a document, issued periodically, which grants the owner or operator the option of letting a unit for rental purposes and showing that the unit for which it is issued was in compliance with the applicable provisions of this chapter at the time of issuance. Roomer shall mean an occupant of a rooming house or rooming unit and shall also mean an occupant of a dwelling • who is not a member of the family occupying the dwelling. Rooming house shall mean any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. Occupants of units specifically designated as dwelling units within a rooming house shall not be included in the roomer count. Rooming unit shall mean any habitable room or group of ad- joining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used, primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupant(s) or for communal use in accordance with section 17-6 and, in addition, may have kitchen and dining facilities available for use by the occupant(s) therein. Rubbish shall mean inorganic waste material consisting of combustible and/or noncombustible materials. Rules and regulations shall mean those administrative pro- cedures adopted by the director for the efficient internal man- agement of the department of housing and inspection services. Supp. No. 9 1155 § 17-2 IOWA CITY CODE • All rules and regulations shall be limited to departmental ad- ministrative and procedural matters, rather than substantive matters, and shall not be inconsistent with this chapter. Single-family dwelling shall mean a sructure containing one dwelling unit. Supplied shall mean paid for, furnished by, provided by, or under the control of the owner or operator. Temporary housing shall mean any tent, trailer, motor home, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) days. Toilet shall mean a water closet, with a bowl and trap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with a flushing rim or flushing rims. (Ord. No. 80-3014, § 2, 12-16-80) _ Sec. 17-3. Inspection and enforcement. (a) Authority. The inspector is hereby authorized to admin- ister and enforce the provisions of the housing code and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures, and premises located within the city, in order that he/she may perform his/her duty of safeguarding the health, safety, and welfare of the occupants of dwellings and of the general public under the provisions of the housing code. (b) Inspections. (1) Inspections of owner -occupied dwellings. a. Inspections of owner -occupied single-family dwell- ings, condominiums and cooperatives shall occur only upon request or complaint to the inspector and only the standards of sections 17-5, 17-7 and 17-8 shall be applicable. Supp. No. 9 • 1156 • HOUSING § 17-3 b. Inspections of owner -occupied single-family dwell- ings, condominiums, and cooperatives containing a family plus one or two (2) roomers shall occur only • Supp. No. 9 1156.1 •UTILITIES § 33-42 stream; within five (5) feet of any party line or fence; within fifteen (15) feet of any street line, or within twenty-five (25) feet of the door or window of any house; nor shall any cover be put over the same until such privy vault, cesspool or manure pit has been inspected and approved by the department of health. (Code 1966, § 4.16.8) Sec. 33-33. Contents and drains connected. No water leader, waste pipe, nor soil pipe shall discharge into or be connected with any privy vault, nor shall a privy vault, manure pit or cesspool be directly or indirectly connected with any privy vault, nor shall drainage, from any stable or other building discharge into a manure pit. Every manure pit shall be kept dry. (Code 1966, § 4.16.9) Secs. 33-34-33-40. Reserved. DIVISION 3. RATES AND CHARGES* • Sec. 33.41. Tap charges. All taps to sanitary sewer facilities shall be of a size ap- proved by the department of public works and may be made by the department of public works upon application of the owner or his authorized agent. The department of public works shall charge a uniform fee for the making of all taps, such fee to be based on labor, material, and overhead ex- penses. (Code 1966, §§ 9.66.1, 9.66.2) Sec. 33-42. User charge system—Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, *Editor's note—Ord. No. 81-3021, Art. VII, adopted May 5, 1981, repealed § 33-42, concerning rates, derived from Ord. No. 75-2774, § I, adopted July 22, 1975, and Ord. No. 78-2911, § 2, adopted July 25, 1978. In addition, the editor has deleted §§ 33-43-33-46, derived from the above ordinances, as being superseded by Arts. I—VI of Ord. No. 81-3021, codified as §§ 33-42-33-47, at the editor's discretion. The appendices referred to therein have not been included, but are on file with the city. • Supp. No. 9 2271 $ 3342 IOWA CITY CODE • welfare and convenience of the city to collect charges from all users who contribute waste water to the city's treatment works. The proceeds of such charges so derived will be used for the purposes of operation, maintenance, replacement and debt service for such waste water treatment works. (Ord. No. 81-3021, Art. I, 5-5-81) Sec. 33-43. Same—Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this division shall be as follows: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter (mg/1). Infiltration/inflow (III) shall mean clear, unpolluted water which enters the collection system from the ground or • uncontrollable sources. Normal domestic waste water shall mean waste water that has a BOD concentration of not more than three hundred (300) mg/1; a suspended solids concentration of not more than three hundred fifty (350) mg/1; a pH in the range of 6 to 10.5; not more than twenty-five (25) mg/l of petroleum oil, nonbiodegradable cutting oils or products of mineral oil; and not exceeding three hundred (300) mg/l of oil or grease of animal or vegetable origin. Operation and maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed. Replacement shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation • Supp. No. 9 2272 • UTII,11'IFS $ 33-43 and maintenance" includes replacement subject to the limitations set forth hereinafter in section 33-44(a)—(g). Residential contributor shall mean any contributor to the city's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only. Shall is mandatory; may is permissive. Suspended solids shall mean the total suspended matter that either float on the surface of, or are in suspension in water, waste water or other liquids and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Treatment works shall mean any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, • power and other equipment and their appurtenances; extension, improvements, remodeling, additions and alter- ations thereof, elements essential to provide a reliable supply such as standby treatment units and clear well facilities; and any work, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated waste water in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems. Useful life shall mean the estimated period during which a treatment works will be operated. User charge shall mean that portion of the total waste water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, debt service and replacement of the treatment works. • Supp. No. 9 2273 § 33-43 IOWA CITY CODE • Water meter shall mean any water volume measuring and recording device, furnished and installed by the city. (Ord. No. 81-3021, Art. II, §§1-12, 5-5-81) Sec. 33-44. Same—Funding. (a) To generate adequate revenue. The user charge system shall generate adequate annual revenues to pay: (1) Costs of annual operation and maintenance including replacement, with replacement costs becoming appli- cable and effective at such time that a new water pollution control plant is constructed and operable, and (2) Costs associated with sewer bond retirement for bonds now outstanding including payments to all sinking, revenue, depreciation, extension and improvement funds established in the ordinances or resolutions authorizing such bonds, and • (3) When required, costs associated with sewer bond retirement of bonds to be issued in the future. (b) Revenues into special fund. The revenues of the treatment works are to be set aside as received into a separate special fund and paid each month into the various separate funds created by bond ordinances and resolutions. Such payments are to be made on the first day of each month in the amounts and in the order listed herein. (c) Operation and maintenance fund. There shall be paid into this fund an amount which, with any unexpended balance therein, is sufficient to pay the expenses of operating and maintaining said works and facilities for the current month. After said first day of the month, further payments may be made into said fund from the sewer revenue funds, but only if and to the extent necessary to pay such operation and maintenance expenses actually accrued and payable and to the extent that funds for such purpose are not then available. Supp. No. 9 • 2274 • UTEU S 133-44 (d) Outstanding bonds. For bonds now outstanding, revenues shall be made available for the following funds provided for in the bond ordinances or resolutions: (1) Sewer revenue bond sinking fund. There shall be set aside from the net earnings a sufficient portion to pay the interest on and principal of all of the bonds outstanding as the same become due and for that purpose the bond ordinance provides that there shall be set aside into the sinking fund on the first day of each month a sum equal to one-tenth of the principal of all bonds maturing on the neat succeeding January first and one-fifth of the interest due on the neat succeeding interest payment date until the amounts so set aside are equal to such principal and interest, respectively. The sinking fund is to be used only for the purpose of paying interest and principal on the bonds outstanding and any parity bonds, and if in • any month the full amount is not paid, then the deficiency shall he made up from the net earnings neat available. (2) Bond and interest reserve fund. After the monthly payments into the sinking fund, there shall be neat set aside into this fund from the net earnings the sum of one thousand dollars ($1,000.00) on the first day of each month as long as any of the bonds are outstanding. Money credited to the reserve fund shall be used only for the payment of principal of and interest on the bonds and parity bonds whenever for any reason the funds on deposit in the sinking fund are insufficient to pay such principal or interest when due. It is further provided that at any time there is an excess in the reserve fund over and above the maximum amount of principal and interest to become due in any fiscal year thereafter on the outstanding bonds and parity bonds, such excess may be used to purchase or call any of the then -outstanding bonds at not exceeding par and accrued interest, or may be transferred by the city council to the depreciation, • extension and improvement fund. Supp. No. 9 2274.1 133-44 IOWA CITY CODE • (3) Depreciation, extension and improvement fund. After making the foregoing pgyments, from the balance of the net earnings there shall be paid into this fund the sum of two thousand dollars ($2,000.00) each month, or such higher amounts as the city council may fix from time to time. Monies in this fund shall be used only to pay any extraordinary costs of maintaining sewage works and facilities and to pay the cost of constructing improvements and extensions. In any event, the monies on deposit in the depreciation fund must be transferred to the sinking fund whenever necessary to prevent or remedy any default in the payment of interest on or principal of outstanding bonds or parity bonds, and must be transferred to the reserve fund whenever there is any deficiency in that fund. (e) General obligation bond issue fund. For each general obligation bond issue that shall have been or be initiated for retirement with operating revenue, a separate fund shall be • established. Transfers shall be made from sewer revenue funds in a sufficient amount to pay the principal and interest on outstanding general obligation bonds. The soµrce of these transfers shall not be from the operation and maintenance fund. (f) Surplus funds. Any excess after foregoing payments in any year may be used within the system or for any purpose lawfully directed by the city council. Operation and maintenance funds may not be used for capital improve- ment projects. (g) Replacement fund. When the new water pollution control plant is operable, there shall be established a separate, nonlapsing fund designated as the waste water treatment works replacement fund, for the specific purpose of ensuring available funds for replacement needs over the useful life of the waste water treatment works. Payments to this fund shall be made at least annually in amounts to be designated when final cost of the new water pollution control plant is determined. (Ord. No. 81-3021, Art. III, §§ 1-7, 5-5-81) Cross reference—Financial procedures, §§ 2-204-2-207. • Supp. No. 9 2274.2 • MUMS 933-45 Sec. 33-45. Same—Rates. (a) Basis. Each user shall pay for the services provided by the city based on his/her use of the treatment works as determined by water meter(s) acceptable to the city. (b) Estimated billings; separate meters. User charges shall be based on actual water used during the billing period. If actual water use is not available, the user charge will be based on prior water usage. New customers shall have a first billing based on an estimate determined by the finance department. Reference is made to Appendices A and B, attached hereto and made a part of this article by reference, for the purpose of showing the method of calculating the sewer user charge. As provided in section 33-44(g), a replacement charge shall be included in the user charge when the new water pollution control plant is constructed and operable. (d) Surcharge. For those contributors who contribute • waste water, the strength of which is greater than normal Supp. No. 9 2274.3 If a commercial or industrial contributor has a consump- tive use of water, or in some other manner uses water which is not returned to the waste water collection system, the user charge for that contributor may be based on a waste water meter(s) or separate water meter(s) installed and maintained at the contributor's expense, and in a manner acceptable to the city. • (c) Minimum charge. The minimum charge per billing period shall be three dollars and twenty-five cents ($3.25) and said minimum charge shall include water usage of four hundred (400) cubic feet during said billing period. In addition, each contributor shall pay a user charge rate for operation and maintenance including replacement of twenty-five cents ($0.25) per one hundred (100) cubic feet of water (or waste water) as determined in the preceding section and an additional ten and one-half cents ($0.105) per one hundred (100) cubic feet of water (or waste water) for debt retirement for all water used in excess of four hundred (400) cubic feet per billing period. Reference is made to Appendices A and B, attached hereto and made a part of this article by reference, for the purpose of showing the method of calculating the sewer user charge. As provided in section 33-44(g), a replacement charge shall be included in the user charge when the new water pollution control plant is constructed and operable. (d) Surcharge. For those contributors who contribute • waste water, the strength of which is greater than normal Supp. No. 9 2274.3 § 33-45 IOWA CITY CODE • domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is: (1) Six cents ($0.06) per pound BOD. (2) Three and one-half cents ($0.035) per pound SS. (e) Users to bear increased costs. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the director of public works and approved by the city council by resolution. (f) Applicability of charges. The user charge rates • established in this section apply to all users, regardless of their location, of the city's treatment works. (g) Water not discharged into system. If any user of water consumes water for any purpose which does not cause discharge into the sanitary sewer system, and if approved by the city and as established by a separate water meter installed and maintained by such user, the consumption of such water can be determined, no charge shall be made on the basis of water so supplied. Residential contributors shall not be allowed this option, unless approved by the finance department. (h) Water discharged into system from private source. If any person shall discharge water into the city sanitary sewer system from private wells or other sources other than the city water system, the city shall have the right to install a meter at the owner's expense to measure such flow or to use whatever means are satisfactory to the owner and the city to measure such flow for the purpose of determining Supp. No. 9 2274.4 • UT=IFS § 33-47 sewage treatment charges. (Ord. No. 81-3021, Art. IV, §§ 1-8,5-5-81) Cross refemnees—Water meters, §§ 33-149--33-155; water rates, § 33-163. Sec. 33-46. Same—Billing procedures. (a) Frequency; when due. All users shall be billed bi-monthly. Billings for any particular period shall be made within thirty (30) days after the end of that period. Payments are due when the billings are made. Any payment not received within fifteen (15) days after the billing is made shall be delinquent. (b) Delinquent accounts. In the event that a user fails to pay his bill for sewage treatment system service after thirty (30) days, service may be discontinued, following due notice, or such charges may be certified by the city council and assessed against the property connected with the sewage disposal system and forwarded to the county auditor for • collection in the same manner as a property tax. (Ord. No. 81-3021, Art. V, §§ 1, 2, 5-5-81) Sec. 33-47. Same—Review; changes to rates. (a) The city shall review the user charge system at least every two (2) years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement, payment of principal and interest and the bond and interest reserve fund, and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. Before any ordinance is enacted to fix rates to be charged under this division, a public hearing on the proposed change shall be held by the city council. (b) The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement and the rate being charged for sewer bond debt service for the • treatment works. (Ord. No. 81-3021, Art. VI, §§ 1, 2, 5-5-81) Supp. No. 9 2274.5 § 33-48 IOWA CITY CODE • Secs. 33-48-33-53. Reserved. DIVISION 4. STORM WATER RUNOFF Sec. 33-54. Definitions. As used in this division, the following terms shall have the meanings indicated: Control structure. A facility constructed to regulate the volume of storm water runoff that is conveyed during a spe- cific length of time. Director of pubic works. The director of public works or his,/her designate. Dry bottom storm water storage area. A facility that is designed to be normally dry and which accumulates excess storm water only during periods when the restricted storm water runoff release rate is less than the storm water inflow rate. Excess storm water. That portion of storm water runoff • which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed. Excess storm water passage. A channel formed in the ground surface to carry storm water runoff through a specific area. Low flow. The transport or flow of a normal or usual volume of storm water as opposed to a high or peak volume which would utilize overflow facilities. Natural drainage. Water which flows by gravity in chan- nels formed by the surface topography of the earth prior to changes made by the efforts of man. Positive gravity outlet. A term used to describe the drainage of an area in a manner that will ensure complete removal of all surface water by means of natural gravity. Safe storm water drainage capacity. The quantity of storm water runoff that can be transported within a channel, pas- sage, conduit, tube, duct, or combination thereof in such a man- ner that the elevation of the water does not rise sufficiently • Supp. No. 9 2274.6 • UTn rrEECs s 38-64 above the level of the adjacent ground surface so as to cause damage to structures or facilities located thereon. Storm water runoff. Water that results from precipitation which is not absorbed by soil or plant material. Storm water runoff release rate. The rate at which storm water runoff is released from dominant -to servient land. • is Supp. No. 9 2274.7 • VEGETATION 934-28 actual necessities of the service of the company and such work shall be done in accordance with the arboricultural specifications and standards of practice set forth in Division 2 of this article. The forester may, if necessary in his estimation, assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public utility. (Code 1966, § 3.38.3(E); Ord. No. 2584) Sec. 34-27. Interference with forester. No person shall hinder, prevent, delay, or interfere with the forester or any of his assistants while engaged in carrying out the execution or enforcement of this article; provided, however, that, nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city. (Code 1966, § 3.38.9; Ord. No. 2584) • Sec. 34-28. Certificate of approval. (a) Requirement. No person shall do any work on trees and shrubs on streets and public property unless he has received a certificate of approval from the forester. (b) Application. Any person desiring a certificate of approval shall apply to the forester, who shall provide application forms for this purpose. The completed forms shall include the name, address, business address, experi- ence, training, and qualifications of the applicant. (c) A certificate of approval shall be issued to any applicant successfully passing the examination and tests given by the forester; provided that there first be deposited with the city clerk a liability policy in the amount as determined by council by resolution. The insurance policies shall also name the city as an additional insured in all liability insurance. (Code 1966, § 3.38.10; Ord. No. 2584; Ord. No. 81-3019, § 2, 4-7-81) • Supp. No. 9 2359 § 34-29 IOWA .CITY CODE • Sec. 34-29. Improper planting. Wherever any tree or shrub shall be planted in conflict with the provisions of this article, it shall be lawful for the forester to require its removal or to remove it himself/herself. (Code 1966, § 3.38.3(B); Ord. No. 2584) Secs. 34-30-34-36. Reserved. DIVISION 2. ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE Sec. 34-37. Adopted. The following arboricultural specifications and standards of practice are hereby adopted by the city. (Code 1966, § 3.38.11; Ord. No. 2584) Sec. 34-38. Planting. • (a) Size. All trees planted on the streets shall be of suffi- cient size to warrant satisfactory results and stand the abuse common to street trees. (b) Grade. Unless otherwise allowed for substantial rea- sons, all standard -sized trees shall have comparatively straight trunks, well-developed leaders, top and root characteristics of the species or variety showing evidence of proper nursery pruning. All trees must be free of insects, disease, mechanical injuries and other objectionable features at the time of plant- ing. To compensate for any serious loss of roots, the top of the tree should be reduced by thinning or cutting back as determined by the growth characteristics of the tree species. The leader shall not be cut off in such trimming. (c) Requirements for trees planted in right-of-way. Trees may be planted in the public right-of-way provided the fol- lowing conditions are met: Supp. No. 9 • 2360 • APPENDIX A—ZONING § 8.10.85.11 related information about the business being conducted on the premises. These signs may also include infor- mation relative to the acceptance of credit cards or bank cards. (Ord. No. 74-2738, § II(N), 10-29-74) One (1) identification or advertising facia sign not to exceed sixty-five (65) per cent of the maximum square footage for facia signs in the CBS Zone shall be per- mitted in those instances where a commercial business shall have frontage on two (2) intersecting streets. This facia sign shall not be located on the same building face as that on which a facia sign, as permitted in paragraph B.1 above, is located. (Ord. No. 79-2975, § 2, 10-9-79) 8. No more than one (1) of the following signs (a and b) shall be permitted: a. One (1) on -premises identification or advertising • monument sign not to exceed one (1) square foot per lineal foot of building frontage. Said sign shall not exceed fifty (50) square feet per sign face and may be internally or externally lighted. b. One (1) on -premises identification or advertising free-standing sign not to exceed one (1) square foot per lineal foot of building frontage. Said sign shall not exceed fifty (50) square feet per sign face and may be internally or externally lighted. (Ord. No. 81-3017, § 2A, 1-13-81) C. Special requirements. 1. All facia signs shall project no more than one (1) foot from the building and shall not extend above the roof line. 2. All under -canopy signs shall not exceed a maximum dimension of six (6) feet and/or in any case more than seventy-five (75) per cent of the width of the canopy to which it is attached. No portion of said sign shall be less than ten (10) feet above grade level. (Ord. No. • 81-3017, § 2B, 1-13-81) Supp. No. 9 2575 § 8.10.35.11 IOWA CITY CODE • 3. All directory signs shall not exceed four (4) square feet in area and no dimension of said sign shall exceed two and one-half (21/2) feet. 4. No roof signs, off -premises signs or billboards shall be permitted in the central business service district zone. 5. No temporary painted, cardboard, plastic, paper or similar material signs shall be permitted to be attached to any window or outside wall in the central business service district zone. (Ord. No. 73-2683, § XII, 8-25-73; Ord. No. 74-2744, § II, 11-12-74) 6. All monument signs shall extend not more than five (5) feet above the grade. (Ord. No. 81-3017, § 2C, 1-13-81) 8.10.35.12 M1, M2 and ORP Zone regulations. A. General requirements. • I. No sign shall be erected within fifty (50) feet of residential districts which abut MI, M2 and ORP Zones. In all instances as described above, all permitted sign- age shall be bound by all regulations and requirements of signage used in C1 Zones. (Ord. No. 74-2724, § II, 6-18-74) 2. In the event that five (5) or more uses or buildings are contiguous, and individual facia signs as listed below in section (B) (1) (a) are erected, a common major sign of the type permitted in section (B)(1)(b) or (B)(1) (c) may be permitted provided, however, that the fol- lowing conditions are met. a. The area of the common sign shall not exceed one hundred seventy-five (175) square feet. b. The area of the common sign shall be deducted from the total maximum permitted sign area for all of the individual facia signs, and Supp. No. 9 • 2576 • APPENDIX A—ZONING 18.10.35.12 C. The area of the common sign shall be deducted an equal amount from the maximum permitted sign area for each individual facia sign. (Ord. No. 79- 2960, § 213, 7-3-79) B. Permitted signs. 1. No more than one (1) of the following signs (a, b, or C) snaii ue" r .uu�Liw. a. One (1) on -premises identification and/or adver- tising facia sign shall be allowed provided it does not exceed twenty (20) per cent of the area of the front wall of the building. If the building is higher than one story, and the business occupies more than one story, then the maximum size signage per- mitted shall be determined by using twenty (20) Per cent of the area of the face (or front wall) of the building that is occupied by the business. Said • Sign may be non -illuminated or internally or ex- ternally lighted with a non -flashing light source. L One (1) on -premises identification monument sign not to exceed one (1) square foot per lineal foot of building frontage up to a maximum total sig „Ate of seventy-five (75) square feet. In those instances where building frontage shall exceed one hundred fifty (150) lineal feet, one-half (1/2) square foot per lineal foot of building frontage with a maxi- mum total signage of one hundred fifty (150) square feet. c. One (1) on -premises identification free-standing sign per occupant not to exceed one (1) square foot per lineal foot of building frontage and not to exceed fifty (50) square feet per sign face shall be permitted. Said sign shall consist of not more than two (2) faces, said faces to be parallel or to form not more than forty-five degree (45) angle with each other and may be nonilluminated or internally or externally lighted with a nonflashing • Supp. No. 9 light source. 2576.1 • CODE COMPARATIVE TABLE • Supp. No. 9 2957 [The next page is 2971] Section Ord. No. Adpt. Date Section this Code 80-3010 11- 4-80 2 23-188(c) 80-3012 11-18-80 2(a) 12-16 2(b) 12-21 80-3013 12- 2-80 2 7-1-7-8, 7-17-7-24, 7-32-7-39, 7-47-7-49, 7-57-7-62 80-3014 12-16-80 2 17-1-17-9 3 Rpld 17-1-17-14 80-3015 12-15-80 2 8-59 81-3017 1-13-81 2A App. A, § 8.10.35.11 B8 2B App. A, §8.10.35.11 C2 2C App. A, § 8.10.35.11 C6 81-3018 2-24-81 2 8-17 (App., § 712 O 81-3019 4- 7-81 2 34-28(6) 81-3020 5- 5-81 2 8-17(605), • (705), (805), (905), (1005), (1205x), (1207e), (Table 29-A), (3305j) 81-3021 5- 5-81 Arts. I—VI 33-42-33-47 • Supp. No. 9 2957 [The next page is 2971] • CODEINDEX W WALKING Section Pedestrians. See: Traffic Prohibited activities in parks, etc ...................... 25-1 Parke and recreation. See that title WALLS. See: Fences, Walls, Hedges and Enclosures WARRANTS Writs, warrants and other processes. See that title WASTE DISPOSAL Garbage and trash provisions .......................... 15-1 et seq. Garbage and trash. See that title WATER AND SEWERS Building sewer requirements and industrial waste control Certain wastes permissible upon approval of superinten- dent ........................................... 33-76.1 Control manhole ................................... 33-76.5 Definitions ........................................ 33-71 Deposits and discharges, unlawful .................... 33-72 Expenses, violators liable for ........................ 33-76.12 Grease, oil and send interceptors .................... 33-76.3 Hazardous waste discharge, what city may require ..... 33-76.2 • Hearing ............................... 33-76.10 Inspection Liability for lose, damage, etc., during .............. 33-76.8 Right of entry by superintendent for ............... 33-76.7 Liability for lose, damage during ..................... 33-76.8 Notice of violation .................................. 33-76.10 Penalty ........................................... 33-76.11 Prohibited discharges ............................... 33-76 Right of entry through easements .................... 33-76.9 Sewer installation requirements ...................... 33-74 Sewers Connection required .............................. 33-73 Number ......................................... 33-73 Special facilities, maintenance of ..................... 33-76.4 Testing, analyses and measurements ................. 33-76.6 Right of entry by superintendent for testing ........ 33-76.7 Unpolluted waters, discharge of ...................... 33-75 Cesspools Private sewage disposal. See hereinbelow that subject Excavation requirements .............................. 31-21 et seq. Excavations. See that title Housing requirements Minimum standards for toilet facilities, lavatory basins, water heating facilities, etc ....................... 17-4 et seq. Housing. See that title • Supp. No. 9 3073 IOWA CITY CODE • WATER AND SEWERS—Cont'd. Section Industrial waste control. See hereinabove: Building sewer requirements and industrial waste control Mobile home park standards .......................... 22-33 at seq. Nuisance provisions re water which becomes foul or stagnant......................................... 24-101(14) Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Plumbing regulations................................. 28-1 at seq. Plumbing. See that title Private sewage disposal Contents and drains connected ...................... 33-33 ,Drains............................................ 33-30 Emptying and disinfecting .......................... 33-29 Installation in water supply strata ................... 33-28 Nuisances......................................... 33.31 Permit from board of health Required........................................ 33-26 Privy requirements,generally ........................ 33-27 Sewers in general. See within this title: Sewers and Sewage Disposal Space limitations ................................... Privy vaults 33-32 Private sewage disposal. See hereinabove that subject • Public works department divisions..................... 2-166 Septic tanks Private sewage disposal. See hereinabove that subject Sewers and sewage disposal Building sewer requirements and industrial waste control. See hereinabove that subject City organized into one sewer district ................ 33-16 Connections to systems ' Required, when .................................. 33-17 Utility requirements in general .................... 33-1 et seq. Private systems, connection of....................... 33-17 Private sewage disposal. See within this title that subject Rates and charges User charge system Billing procedures .............................. 33-46 Definitions..................................... 33-43 Funding....................................... 33-44 Purpose........................................ 33-42 Rates.......................................... 33-45 Review; changes to rates......................... 33-47 Storm water runoff. See within this title that subject Supp. No. 9 3074 • RESOLUTION NO. 81-219 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 A thereon the certificates of the .proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Highlander Inn & Supper Club, Route 2 It was moved by Perret and seconded by Erdahl that the Resolution as read e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 25th day of August 19 81 . yor Attest: City Clerk % 81/ RESOLUTION NO. 81-220 ja2W9F_R Wt6jZ=Yii&X'i6J21KOEdi .73FWkVDM2-D Q4j Gj* WHEREAS, the following firms and persons have made appli- cation 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: Sinclair Marketing, Inc., Hwy. 1 & I-80 - Quik Trip #548, 955 Mormon Trek Denny's University Phillipps 66, 25 W. Burlington It was moved by Perret and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: X Lynch X Erdahl- X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 25th 19 81 ayor Attest: AZIU1210 City Clerk ABSENT: day of August , ,fa 0 4 f RESOLUTION N0. 81-221 RESOLUTION ACCEPTING TEE MRK FOR THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I WHEREAS, the Engineering Department has recommended that the im- provement covering the Iowa City Downtown Electrical Revisions, Phase I as included in a contract between the City of Iowa City and Town and Country Electric of Iowa City, Iowa dated _ February 3 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in pace and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Erdahl that the resolution as re e a opt , and upon roll call there were: AYES: NAYS: ABSENT- BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 25th day of August 19 81. ATTEST: e..� �QAyCit, Clerk ' 9A /� CITY CSF I0W/A CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 ENGINEER'S REPORT October 18, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Iowa City Downtown Electrical Revisions, Phase I, as constructed by Town & Country Electric Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully eespectfullysubmitted, Charles J. Schmadeke, P. E. Director 9f Public Works Michael E. Kucharzak Director of Housing & Inspection Services bcl/3 S.207. RESOLUTION NO. 81-222 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER ROOF REPAIR PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 8th day of September, , 19 81 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 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 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 Perret and seconded by. Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: X_ X_ x x x x x aacri . BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 25th ATTEST: day of August 1981 RESOLUTION NO. 81-223 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF HILLS BANK & TRUST COMPANY WHEREAS, the owner, Hills Bank & Trust Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Non -Residential Development Plan for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: A tract of land in Government Lot 4 of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian. Beginning at the northwest corner of Lot 2 of Southgate Addition, Part 1 in Iowa City, Iowa; thence South 78°27'00" East, 41.44 feet to the Gilbert Street right-of-way; thence southwesterly 130.74 feet along a 829.55 foot radius curve concave northwesterly to a point on the west line of said Lot 2 which lies South 30°03'03" West, 130.61 feet of the last described point; thence southwesterly 49.16 feet along a 829.55 foot radius curve concave northwesterly to a point which lies South 36°15'07" West, 49.15 feet of the last described point; thence South 37°57'37" West, 6.44 feet; thence southwesterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly to a point which lies South 32°16'16" West, 218.25 feet of the last described point; thence South 89°58'49" West, 15.13 feet; thence South 87043'30" West, 109.15 feet; thence North 2°22'15" West, 406.93 feet to the Highway 6 right- of-way; thence South 85°04'50" East, 108.73 feet; thence South 78°27'00" East, 211.33 feet to the point of beginning. Said tract contains 94,175 square feet more or less (2.16 acres). WHEREAS, said property is owned by the above named party; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, said Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said Large Scale Non -Residential Development Plan is found to conform with the 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: 1. That the said plan is hereby approved as a Large Scale Non -Residential Development. 2. That the said Large Scale Non -Residential Development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to Large Scale Non -Residential Developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. jq.2 7' It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of August 1981. AYOR ATTEST: f�,�te„nJ l5'. QeR,,it CITY CLERK k.. .. ,'l.�C� a l� •.-.�ynr! RESOLUTION NO. 81-224 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRYN MAWR HEIGHTS ADDITION PART XIII, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Bryn Mawr Heights Development Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Bryn Mawr Heights Addition, Part XIII; 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 said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that the plat be accepted and approved; and WHEREAS, said preliminary plat is found to conform with all of the requirements of the City ordinance of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT SAID PLAT IS HEREBY APPROVED. It was moved by Vevera and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of August 1981. �a AYOR c ATTEST: M Ln CITY CLERK Received & Approved By The Legal Department sz� RESOLUTION NO. 81-225 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEAN OAKES THIRD SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean G. Oakes, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Dean Oakes Third Addition; 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 said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that the plat be accepted and approved; and WHEREAS, said 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 THE CITY OF IOWA CITY, IOWA: 1. That said plat is hereby approved. 2. That the City will share in the cost of the 12 inch trunk sewer line as outlined on the plat. 3. That Rita Linn Avenue will be a 28 foot paved surface with no on - street parking. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: r x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of August 1981. YO�R ATTEST: CITY` CLERK T y �y m$ Approvad Legal DePa►finent 7R.2 7 RESOLUTION 140. 81-226 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR -THE CONSTRUCTION OF THE LAFAYETTE STREET RAILROAD BRIDGE 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. 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 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 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 bide. 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 10:00 a.m. on the 16th day of September , 1981. Thereafter, the bids will be opened by the Ufy jnaPr or hic riPcigpPP , 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 22nd day of September , 19 81 . I Page 2 Resolution No. 81-226 It was moved by Neuhauser and seconded by that the Resolution as reaT-E—e—aa-6`pt—e2r, and upon roll cAll there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 25th day of August , 19.81. a"".). �._. %, CITY CLERK 4 RESOLUTION NO. 81-227 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WITH ALBERT N. AND WILFREDA A. HIERONYMUS, OWNER AND LESLIE COLE, TENANT, CONCERNING EXTENSION AND RELOCATION OF SCOTT BOULEVARD. ' WHEREAS, it is in the public interest to extend and relocate certain portions of Scott Boulevard right-of-way in Iowa City and Johnson County, Iowa; and WHEREAS, it is necessary to acquire temporary construction easements on property owned by Albert N. and Wilfreda A. Hieronymus and leased by Leslie Cole, in order to construct said improvements; and 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 Agreements with Albert N. and Wilfreda A. Hieronymus, owner and Leslie Cole, tenant. It was moved by Neuhauser and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER Vevera x PERRET x ROBERTS x VEVERA Passed and approved this 25th day of August 1981. Mayor ATTEST: ,%%I,�e. »J 4 • ;e7, l c/t[P1L.7�r, City Clerk Received I Approved By the legal Department 93o ?'I•�'�• .7101 � � C�"J •91.�i1 ' THIS AGREEMENT is executed on this 10th day of August, 1981, between ALBERT N. HIERONYMUS and WILFREDA A. HIERDNYMUS, husband and wife, hereinafter called owners, and City of Iowa City, Iowa, hereinafter called City, on the following teams and conditions: 1. In consideration of the stun of $818.00 and the terms and conditions hereinafter set forth the Owners grant to the City a temporary easement with the right to remove not exceeding 750 cubic yards of borrow from the real estate described in Exhibit "A" attached and by this reference made a part hereof, subject to the other terms and conditions of this Agreement. 2. owners shall make no claim for crop damage for the 1981 existing cron or for any subsequent lack of fertility of the soil occasioned by the borrow of earth. 3. 'Phe City shall be responsible for the replacement of any fences including gates which shall be replaced in at least as good condition as those existing prior to the time that the rights under the easement are exercised. Thpsoil to the extent of at least 12 inches shall be stockpiled and then replaced after borrow has been taken. The terrain after the easement shall be returned to the owners with a slope no greater than 4/1. The City represents that it will provide adequate ground cover to prevent erosion in the future of the property from which borrow is. taken. The City shall not destroy or damage crops outside the temporary easement areas and in such event the Citv shall be responsible for additional damages. 4. Owners have previously entered into an Agreement with the City wherein the City acquired certain real estate for the construction of a dam and Scott Boulevard. Paragraph numbered 11 of said Agreement provided that the City was to install a sanitary sewer extension and when such installation was completed Owners were to pay to the City a sum not to exceed $10,000. Cost itemization has not as yet been suhadtted to Owners. The City represents to the owners that I -2- said sewer extension has been completed. Owners shall not be required to pay for said sewer extension until July 1, 1989, when City installs buffer zone. 5. The temporary easement granted shall cease imnediately after the City replaces the topsoil subject to the right of the City to enter the area for the purpose of providing seeding or sod. In any event, the temporary easement for construction and borrow shall cease not later than December 1, 1981. 6. The City shall indemnify and hold harmless the Owners from any claims of third parties arising by virtue of any injury or damage within the easement area during the time that the City has the right to use said area. 7. Owners shall have the right to use the easement areas in any way that does not interfere with the rights granted to the City herein. 8. The Agreement of Leslie Cole, Tenant of a portion of the easement area being taken, is attached hereto as Exhibit "B" and by this reference made a part hereof. IN WIZNFSS WHEREOF, the parties have signed this Instrument this 10th day of August, 1981. 1 CITY OF IOWA CITY, IOWA ALBERT N. HIERO'VYMUS c2GL'tt, / tiles �. � /� �_•(!�„�1--��..�._ _�- WILPEDA A. HIERONYM7S HN HMAM, MAYOR o STATE OF IOWA ss: JOHNSON COUNTY ) Attest: On this 10th day of August, 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Albert N. Hieronymus and Wilfreda A. Hieronymus, to me known to be the identical persons named in and who executed the foregoing Instrument and acknowledged that they rc�u edthe same as their voluntary act and deed.i @eaoived & Approved by i e legd Department 83.1. Sc S 89?28 II"E POINT OF REFERENCE W Y4 CORNER SEC. I8-79-5 DESCRIPTION OF TEMPOP,ARY EASEMENT FOR 14ILFREDA A. AND ALBERT N. HIERONYMUS PROPERTY A strip of land 30 feet wide lying west of and adjacent to the west RN line of Scott Boulevard and extending from Station 0+33 to Station 3+00; also a strip of land 30 feet wide lying west of and adjacent to the west ROIs line of Scott Boulevard and extending from Station 15+00 to Station 19+70; also a strip of land 15 feet wide lying east of and adjacent to the east RON line of Scott Boulevard and extending from Station 3+25 to -Station 5+25; all as shown on the Scott Boulevard Phase II construction plans. F:XFiTRTIP 'In" b 33 EXHIBIT "B" 1D)1AJ6P,Aft4 : HT .i7101yT181 y THIS AGREEMENT is executed by Leslie Cole, Tenant for 1981 of certain real estated owned by Albert N. Hieronymus and Wilfreda A. Hieronymus and more particularly described in the Instrument which this Agreement is attached as Exhibit "B", hereinafter called Tenant, and the City of Iowa City, Iowa, hereinafter called City, on the following terms and conditions: 1. Tenant agrees to permit City to have immediate possession of the easement areas. 2. As consideration for the damage to 1981 growing crops in part owned by the Tenant and located within the easement areas, the Tenant shall receive from the City the sum of $100 upon approval of this Agreement by the City Council. 3. The City shall indemnify and hold harmless the Tenant from the claims of third parties for injury or property damage occasioned by the City's use of the easement areas. 4. This Agreement constitutes a release of the City by the Tenant for any claims for damages occasioned by the City's use of the easement area during 1981. IN WITNESS WHEREOF, the parties have signed this Instnmlent this /o qday of August, 1981. STATE OF I99A ss: JOHNSON COUNTY 1 CITY OF IOWA CITY, IOWA Attest: CITY CLERK T� T— qay of August, 1981, before me, the undersigned, a Notary Public On this /(9 L" in and for the State of Iowa, personally ap ared Leslie e, o ]mown to be the identical person named in and who ere the for o' t and acknow- ledged that he executed the same as his o arw-act i by, The Legal Departm,'r' ��gr,�77 EXHIBIT F3)0� RESOLUTION No. 81-228 RESOLUTION AVPHORIZING E}iECUI'ION OF WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with The Cedar Ra ids & Iowa Cit Railwa Co., a copy of said �agreeme�nt being La' to s Reso u on s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement concerning the Kirkwood Avenue at -grade crossing repair in conjunction with the FY82 Asphalt Overlay Program. 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 Cedar Rapids & Iowa City Railway Co.. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting sane. It was moved by Perret and seconded by Resolution be adopted, andpupa: rollEall there were: AYES: NAYS: X ABSENT: BALMER ERDAHL LYNCH N�UHAUSER PERRET ROBERTS VEVERA Vevera the Passed and approved this 25th day of August , 19 81 n�I yor ATTEST: 44&2 a,� 2L.-);iz J plc �!. City Clerk &/ S .> 3 Received & Approved ay The legal Departmei .--k A G R E E M E N T between The City of Iowa City and The Cedar Rapids and Iowa City Railway Company covering Construction and Maintenance of street - railway grade crossings located at Kirkwood Avenue at Maiden Lane in Iowa City. The Kirkwood Avenue at Maiden Lane crossing is located at Mile Post 0.33 (Hills Branch), 1582 feet northerly, measured along- the centerline of the railroad r.o.w. from the U.S. Highway 6 crossing on the branch line from Iowa City to Hills. Kirkwood Avenue at -grade crossing repair Johnson County, Iowa AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the Cedar Rapids and Iowa City Railway Company; hereinafter called the Railroad. WITNESSETH: that WHEREAS, the City is planning to improve the street -railway crossings on Kirkwood Avenue at the intersection with Maiden Lane in Iowa City. WHEREAS, a portion of the said public streets cross and intersect the tracks and right-of-way of the Railroad with an at -grade crossing. The Kirkwood Avenue at Maiden Lane crossing is located at Mile Post 0.33 (Hills Branch), 1582 feet northerly, measured along the centerline of the railroad r.o.w., from the U.S. Highway 6 crossing on the branch line from Iowa City to Hills. WHEREAS, the branch line from Iowa City to Hills is to be owned, operated, and maintained by the Cedar Rapids and Iowa City Railway Company. NOW, THEREFORE, in consideration of these premises and the mutually dependent covenants herein contained, the parties hereto agree as follows: SECTION I. The City, at its own expense, will award contract(s) for construction of the public street improvements as shown on Exhibit "A" and will supervise and furnish engineering and inspection for all work performed thereunder. More specifically, such work shall cover and include the following items: Removal and replacement of existing Portland cement concrete slab to either side of the crossing, and installation of three (3) inch asphalt cement concrete overlay on Kirkwood at the crossings. SECTION II. In harmony with the public street construction schedule, the Railroad will develop necessary plans and specifications covering the work generally described in the following subparagraphs and upon CITY approval thereof, the Railroad using his own forces, will proceed with construction in accordance therewith: S37 2 Furnish all material and labor to rehabilitate the trackage and subgrade within the limits of the crossing, including subgrade work, ballasting, replacement of cross ties and replacement of rails in a manner acceptable to all parties. An itemized statement of the estimated cost of the work to be performed by the Railroad hereunder is shown in Exhibit "B", consisting of 1 sheet, attached hereto and made a part hereof. The Railroad will notify the City Engineer prior to starting the work covered in this section, or any phase thereof, and will keep the City Engineer informed in advance of those times when his forces will be engaged in said work and will provide the City Engineer an opportunity to document labor and materials required for completion of the work to be performed hereunder. Reimbursement for said Railroad work shall be as hereinafter provided. SECTION III. The City will require its contractor to use all possible care to avoid accident or damage to the Railroad's trains or other property, and delay ter the Railroad's normal operations, as determined by the Railroad's Engineer or his authorized representative. The City will require its contractor, upon completion of the work, to remove from the Railroad's right-of- way all machinery, equipment, temporary buildings, falsework or rubbish left by virtue of said contractor's operations, and to leave the premises in a neat condition, satisfactory to the Railroad's Engineer or his authorized representative. All work herein provided to be done by the City's contractor on the Railroad's right-of-way shall be done under the supervision, inspection and direction of the City's personnel to the satisfaction of the Railroad's Engineer or his authorized representative. SECTION IV. Protection for the benefit of the Railroad shall be provided as follows: The City will require its contractor to provide, for and in behalf of the Railroad, Railroad Protective Insurance for damages because of bodily injury to or death of persons and injury to or destruction of property resulting from the operations of the contractor, subcontractors, or their employees on the project, such insurance (written in the limits as shown below) to be approved by and acceptable to the Railroads, with a copy of each policy so required to be furnished the Railroad. The form of insurance to be furnished shall be executed by an insurance company qualified to write the same in the state of Iowa. Bodily Injuries & Death Coverage Property Damage Coverage $500,000 each person $500,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate SECTION V. Upon completion of the project, the City will maintain the public street and all related street facilities; and the Railroad shall maintain all railroad facilities, including, but not limited to, the crossings being extended hereunder at grade across the tracks. In the event of cessation of train operations over these crossings, the Railroad will, at his own expense, fill any voids and create a smooth -riding and safe crossing of a comparable type, size and strength to that of the adjacent street. In the event the Railroad fails to effect proper restoration of said crossings as provided herein within a reasonable time, then, in such event, the City shall perform the work, and the cost thereof shall be assessed to and paid by the Railroad. SECTION VI. That for the execution of the work afore -mentioned in Section II of this agreement, the Railroad of the Cedar Rapids and Iowa City Railway Company will be reimbursed for labor and materials required for said work to an amount not to exceed the estimated cost of the work. SECTION VII. This.agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their authorized officers as of the dates below indicated. F37 Executed by the Vice -President this (124day of , 19-. WITNESS ITL STATE OF IOWA ) SS COUNTY OF LINN ) ODIE R. WOODS, Vice -President and General Superintendent of the CEDAR RAPIDS AND IOWA CITY RAILROAD COMPANY On this ,� day of A.D., 19_E' personally appeared (5.6f e61z;okA , to me personally m own, who being by me duly sworn did say that he is Trustee and that said instrument was signed and executed by him as his voluntary act and deed. ^"1,1 JEAN R. SMITH k MY Comm r:n :0 E owi SeVlemScr , lfe, i Nota ublic in and for said County Executed by the City of Iowa City this -95�day of 19 e'/. ATTEST: STATE OF IOWA SS JOHNSON COUNTY FOR THE CITY OF IOWA CITY 8v .ice-z��`.I� Mayon , City of Iowa City Received & Approved By The Legal Department s Iq a On this 5« day of A.D. 190, personally appeared ul_ to me personally known, wke--Iiei-Rg--de}� of the City of Iowa City, and duly author)zearto Oxecute this agreement as the said City's voluntary act and deed. Not r Public in and for Johnson County State of Iowa 0 V 6 C;-t-,')z,R FUULDS AND IOWA CITY RaTI WAY COIiU'AliY DE LED LIST OF PROPERTY BE INVESTED SHEET No._' TITLE OF PROJECT: PnLPAFEDAY Estimate for rebuilding Kirkwood Avenue in Iowa City QUANTITY INSTALLED DESCRIPTION OF ITEMS ESTIMATED I_COST OUANTITY I UNITCOST I AMOUNT' Listing of Material Ties 22 18.00 396. Plates 44 2.00 88. Rail 78' 5.00 390. Mud -rail 160' 2.00 320. Braces 48 2.00 96. Ballast 30 ton 4.00 120_ Oversize Rock 30 ton 5.00 150. 1560.b 20% Overhead 312. 1872. Labor Hours 6 Men for 4 days 192 10.00 1920. 50% Overhead 960. 2880. Machinery: Tamper 8 hrs 40.00 320.)( Caterpillar 8 hrs 50.00 400.)( JISection Truck 32 hrs 25.00 800.)( Dump Truck 6 hrs 30.00 480_ l Roadmaster Truck 6 hrs 15.00 240. Welder 6 hrs 35.00 560.1( 2800. TOTAL 7552.)C RESOLUTION NO. 81-229 RESOLUTION AUTHORIZING THE EXECUTION OF THE FEDERAL TRANSIT ASSISTANCE GRANT CONTRACT. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the United States of America by and through the Department of Transportation is offering financial assistance to local public authorities in the form of a capital and/or operating grant under Section 18 of the Urban Mass Transportation Act of 1964, as amended, and WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest to accept the United States government's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. 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 be directed to certify the attached contract. It was moved by Erdahl and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of August 1981. AYOR ATTEST: �%Zaua.J 57. 7S.au� �4¢ic CITY CLERK—� Received & App,-ov,,d By The Legal Department 8114A q - r -T- 900 E L IOTA DEPARTMENT OF IT--'ORTATION--JOINT PARTICIPATION AGREEMENT FOR THE RURAL i AND SMALL URBAN AREA! RNSIT ASSISTANCE PROGRAM, SEC 11 18 OF THE URBAN MASS TRANSPORTATION ACT, AS AMENDED. PART I: 1.0 General Provisions 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements ASSURANCES AND CERTIFICATIONS: a. Certification of Special Efforts To Provide Transportation That Handi- capped Persons Can Use b. Labor Protection Certification by the Section 18 Recipient c. Transit Agency Assurances Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: E. Audit Requirements (OMB A-102, Att.P), 8.0 Contract Non -Performance (10/22/79) 9.0 Settlement of Disputes F. Administration of Negotiated Contracts 10.0 Termination or Suspension of G. Title VI, Civil Rights 11.0 Project Renewal, Renegotiations, and H. Nondiscrimination on the Basis of Handicap 27 (5/31/79 and 7/20/81, amdt.) Modifications I. 49 CFR Special Section 13(c) Warranty 12.0 Hold Harmless J• IA DOT -IAC, Transportation Procurement, 13.0 Assignability and Subcontracting 820-[OI,B] 2.1(307) 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions L. Rural Highway Public Transportation Demonstration Program, FHPM 4-3-4 (part APPENDICES: only) (2/19/76) A. Public Transportation for Non- 0. Participation by MBE in U.S. DOT Pro - urbanized Areas, 23 CFR 325 grams 49 CFR 23 (3/31/80) B. Cost Principles, (061B A-87), P. Guidance for Implementing U.S. DOT Rules (1/15/81) Creating a MBE Program in DOT Financial C. Uniform Administrative Require- Assistance Programs, 45 FR 45281 (7/3/80) rments (OMB A-102), (9/12/77) Q. Program for the Participation of MBE D. Procurement (OMB A-102, Att-0), Federal -Aid Projects let by the Iowa (8/15/79) DOT (7/29/80) Federal Project dumber: RPT -_3__7_1_5_T0_03',--93- 52 - 01 PART I: 1.0 GENERAL PROVISION 1.1 PARTIES TO AGREEMENT THIS AGREEMENT, made and entered into this day of , 1981, by and between the I041A DEPARTMENT OF TRANSPORTATION, an agency of the State of Iowa, herein- after called the "DEPART,4ENT", and the CITY OF IOWA TY located at 410 East Wasningcon btreer, 1 hereinafter called the 'PUBLIC the mutual covenants, promises the parties agree as follows: owa City, Iowa SZ24U AGENCY'. In Cori sideration of and representations herein, 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT From through JUNE 30, 19 Sec. 18 -OP: 6/81 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assist- ance to the PUBLIC AGENCY through Section 13 of the Urban Hass Transportation (UMT) Act as amended for operating assist- ance as described in the application herein made as a part of this AGREEMENT in accordance with 23 CRF 825 (see Appen- dix A), and applicable portions of FHPM 4-8-4 (see Appendix L), and hereinafter called the "PROJECT". 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which funding will be provided and the understandings and promises made as to the mariner in which the PROJECT will be undertaken and com- pleted. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (A) PASSENGER FARES FOR TRANSIT SERVICE - Revenue amounts collected from passengers. The revenue could be collected directly at the point of service (the farebox), or through special passes sold to passengers. (As an example of a special pass operation, in the case where t the transit property offers special reduced fares to students, handicapped persons or other, this category of revenue should reflect the fares or contributions which the passengers pay on their own behalf".) (In accordance with object class 401 as defined in Volume II, Uniform System of Accounts and Records of the Urban Mass Transoortation Industry Uniform System of Accounts and Recordsand Re ortin System, Report No. UM TA-IT-06-0094-77-1. (B) OPERATING EXPENSES - .All eligible transit system expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTAENr. (In accordance with all object classes 501 through 512, 514 and 515 as defined in Volume II, Uniform System of Accounts and Records of the Urban Klass Transportation Industry Uniform System of Account and Records and Re)crting System, Report No. UMTA- T7-06-0094-17-I (C) SECFION 13 PROGRAM SUPPORT NEED - Operating expenses less passenger fares for transit service. (0) CEILIIIG AMOUNT - Maximum amount assigned to specific® tasks or elements of this AGREEMENT, or for this t AGREEMENT as a whole. fg-i- Sec. 18 -OP: 6/81 (E) SURFACE PUBLIC TRANSPORTATION PROVIDER - a mass trans- portation operation engaged in the provision of surface transportation services to the public. The term SURFACE PUBLIC TRANSPORTATION PROVIDER is meant to include mass transportation services as defined by the Urban Mass Transportation Act (refer to Section 1.5 (F) below). (F) PUBLIC TRANSPORTATION - any transportation by bus or rail or other conveyance, either publicly or privately owned, which provides to the public general or special service on a regular and continuing basis. Public Transportation does not include the following: (1) school bus, charter or sightseeing service; (2) exclusive ride taxi service; (3) and service to individuals or groups which excludes use by the general public. (G) TRANSPORTATION SERVICE AREAS OF THE PROJECT - the geo- graphic area over which the PROJECT is operated and the area whose population is served by the PROJECT, including adjacent areas affected by the PROJECT. If a PROJECT in one area draws passengers away from a system in an adjacent area, and employees of that adjacent area system are affected because of such reduction, that would be considered as included within the scope of the transportation service area of the project. Also, if a carrier operates service which passes through the service area of a particular PROJECT and employees of the carrier which passes through the PROJECT area are affected by the PROJECT -assisted ser- vices, that would be considered as included within the transportation service area of the PROJECT. (H) PROJECT - not be limited to the particular facilit se - vice, or operation assisted include any changes, whether technological, or otherwise, assistance provided. y, r by Federal funds, but shall organizational, operational which are a result of the (I) AS A RESULT OF THE PROJECT - events related to the PROJECT occurring in anticipation of, during, and subsequent to the PROJECT and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about by causes other than the PROJECT (including any economies or efficiencies unrelated to the PROJECT) are not within the purview of this arrangement. (J) PUBLIC AGENCY - Section 18 recipient (K) PUBLIC BODY - Iowa Department of Transportation 904S - Sec. 18 -OP: 6/81 .1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY.is John Balmer, Mayor i.e., who has signatory powers). 1.7 PROJECT MANAGER The project manager for this project on the staff of the PUBLIC AGENCY is Hugh Mose, Transit Manaacer who is directly responsible for the performance called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the grant application, or amended through the planning process, for which financial assistance .is_ being.provided by the DEPARTMENT pursuant to this AGREEMENT, and amend- ments, if any. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any addi- tional funding sources that my be acquired or made available to the AGENCY during the PROJECT period. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPART- MENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assist- ance to the PUBLIC AGENCY as.noted and detailed in Chapter 601J of the Code of Iowa (1981). 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.61 The PUBLIC AGENCY shall be responsiblefor seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources 4 g Sec. 18 -OP: 6/81 are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Office of Management and Budget, Circular A-87, Appendix B "Standards of Selected Items of Cost" attached as Appendix B; Office of Man- agement and Budget (OMB) Circular A-102 attached as Appendix C, D, and E; and Federal Highway Administra- tion (FHWA) rules on the Administration of Negotiated Contracts (23 CFR 170, 172, 420 and 620) attached as Appendix F. (B) No cost incurred by the PUBLIC AGENCY or any of its contracts prior to the starting date or after the ending date of this AGREEMENT (refer to Sec - ion 1.2) will be eligible for funding as a PROJECT cost. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. (D) It is understood that the value and character of all "in-kind" services must be approved by the DEPARTMENT prior to being credited to the PROJECT. 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this agreement. �T� acu. lu-ur. �/�, 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement q of materials or leases or equipment, each potential subcontractor or supplier shall be notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non-discrimination on the grounds or race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise The PUBLIC AGENCY or its subcontractors agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds provided under this AGREEMENT (refer to Appendix 0 and P). In this regard the PUBLIC AGENCY and all of its subcontractors shall take all necessary and reasonable steps in compliance with Iowa DOT Minority Business Enterprise and Women Business Enterprise Program (MBE/WBE) to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The PUBLIC AGENCY and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of U.S. DOT - assisted contracts. If as a condition of assistance the DEPARTMENT has su mitted to U.S. DOT, or the PUBLIC AGENCY has submitted to the DEPARTMENT and the U.S. DOT or DEPARTMENT has approved a minority women business enterprise affirmative R14F Sec. 18 -OP: 6/81 action program which the DEPARTMENT and/or PUBLIC AGENCY agrees to carry out, this program(s) is incorporated into this financial assistance agreement by reference (refer Appendix Q). This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to PUBLIC AGENCY of its failure to carry out the approved program the DEPARTMENT and/or U.S. DOT shall impose such sanctions and may include termination of this AGREEMENT or other measures that may affect the ability of the recipient to obtain future U.S. DOT financial assistance. The PUBLIC AGENCY or any of its subcontractors are hereby advised that failure to fully comply with the DEPARTMENT's MBE/WBE Program shall constitute a breach of contract and may result in termination of this AGREEMENT or contract(s) •by the DEPARTMENT or such remedy as the DEPARTMENT deems appropriate. Refer to Section 8.0 and 10.0 of the AGREEMENT. 5.74 Non -Discrimination on the Basis of Handica The PUBLIC AGENCY agrees to comply with the provisions of Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, and applicable Federal regulations relating thereto, issued by the U.S. Department of Transpor- tation (49 CFR 27), prohibiting discrimination against otherwise qualified handicapped individual under any program or activity receiving federal financial assistance covered by this AGREEMENT, attached as Appendix H. 17 Sec. 18 -OP: 6/81 5.8 LABOR PROTECTION PROVISIONS "' Unless waived by the U.S. Secretary of Labor, the PUBLIC AGENCY sn:ll, by becomirg a signat'?rV to this AGREF.MENi, ca ulv With the requirements of Section 13(c) of the Urban Mass Transporta- tion Act of 1964, as amended, as stipulated by the U.S. Depart- ment of Labor conditions incorporated herein and made a part hereof as Appendix I, Special Section 13(c) Warranty. 5.9 PROJECT PROPERTY AND SERVICES 5.91 Purchase of Property and Service The PUBLIC AGENCY shall comply with the following com- petitive bidding procedures or negotiated procedures. A. OMB A-87 (appendix B), - B. OMB A-102, Attachment 0, revised (Appendix D), C. FHWA-Administration of Negotiated Contracts (Appendix F), D. Iowa DOT -IAC, Transportation, Procurement (Appendix J), E. U.S. DOT -504 Implementation Requirements (Appendix H), and F. Minority Business Enterprise participation guid- ance (Appendices 0, P and Q). The following required provision shall be included in any advertisement of invitation to bid for any procurement under this AGREEMENT. Statement of Financial Assistance: This contract is subject to a financial assistance contract, and the conditions and the terms of said contract between the State and Federal Highway Administra- tion. 5.92 Use and Disposition of Property -and Services The PUBLIC AGENCY agrees that the Property and Services financed under this AGREEMENT shall be used for the provision of public transportation service within the area described in the application for the duration of the PROJECT. Title to all Property purchased pursuant to this AGREEMENT shall rest with the PUBLIC AGENCY. At the completion of the PROJECT, the PUBLIC AGENCY shall retain title to all Property free of any compensatory obligation to the DEPARTMENT or FHWA, as long as said Property is con- tinuously used for public transportation in a manner simila( to that intended by the application. 8 gSo Sec. 18 -OP: 6/81 If the Property is not continuously used for public trans- portation in a manner similar to that intended by the. appli- cation, the PUBLIC AGENCY shall immediately notify the DEPARTMENT and shall dispose of such Property in accordance with OMB A-102, Attachment N (see Appendix C). The following represents a summary of those provisions: If the Property is retained by the PUBLIC AGENCY, the PUBLIC AGENCY shall reimburse the DEPARTMENT in an amount equal to the fair market value of the Property, based upon expert and objective appraisal which value must be approved in writing by the DEPART- MENT and FHWA, or B. If the Property is sold, it shall be sold by the PUBLIC AGENCY, at the highest price obtainable at public or private sale, subject to written approval of the sale price by the DEPARTMENT and FHWA. The sale price, less expense of the sale, shall be paid to the DEPARTMENT. The PUBLIC AGENCY shall maintain the property at a high level of cleanliness, safety and mechanical soundness. The DEPARTMENT shall have the right to conduct periodic inspections for the purpose of confirming proper mainten- ance pursuant to this paragraph. 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimburse- ment of expenses up to limits described in this AGREEMENT, as follows: 6.11 For this AGREEMENT the DEPARTMENT upon receipt of suf- ficient documentation and appropriate request, fund the PUBLIC AGENCY for the lesser of the following two amounts: N. Ceiling amount established in this AGREEMENT as denoted in Section 6.2; or B. The amount corresponding to fifty (50) percent of the Section 18 program support need as determined by actual accounts and records. gs/ Sec. 18 -OP: 6/81 6.2 FINANCIAL LIMITS The ceiling amount of this AGREEMENT is $ 221,982.00 6.3 PAYMENT OF FUNDS 6.31 In the case of the contract amount, if the amount eli- gible to be paid equals zero dollars, there will be no funding by the DEPARTMENT. 6.32 Funding requests shall reflect costs incurred toward the PROJECT. Overruns in costs shall not be funded. 6.33 Any revenue generated by interest payments on PROJECT funds. shall' be credited to the PROJECT. ' 6.34 Payment of eligible costs, as set forth in this AGREEMENT, is conditioned upon the receipt of Federal appropriations for this PROJECT by the DEPARTMENT. No"•s.tate monies will be involved in the funding of eligible costs except those costs allowable under separate contract between the DEPARTMENT and PUBLIC AGENCY for the transit.services, equipment, and facilities which are to become integrated. with this project. 6.4 NO PROVISIONS 6.5 AUDIT AND •INSPECTION OF BOOKS PROPERTY AND SERVICE 6.51 The PUBLIC AGENCY will be responsible for securing proper auditing in accordance with OMB Circular A-102, Attach- ment P, paragraph l through 11 (Appendix E). 6.52 Two (2)copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the PUBLIC AGENCY. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The PUBLIC AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives and those of FHWA to inspect all work materials, records, and any other data with regard to the PROJECT. SSS Sec. 18 -OP: 6/81 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT and FHWA for a period of three (3) years after the issuance of the audit report. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPARTMENT and FHWA upon request. 6.56 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of infor- mation, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of anotherwro fails or refuses to furnish this information, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The PUBLIC AGENCY shall permit the DEPARTMENT or its auth- orized representatives and those of FHWA, to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 OUARTERLY REPOR The PUBLIC AGENCY agrees to supply a quarterly financial and non-financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied by the DEPARTMENT. This material must be submitted to the DEPARTMENT within 30 days after each of the first three quarters. Failure to do so during this contract period may result in the establishment of a penalty or forfeiture clause in the following year's contract at the discretion of the DEPARTMENT. 7.2 YEAR END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must submit within 45 days a final invoice, and financial and non-financial operating statement showing the total expense and revenue of the PROJECT. Failure to do so will be grounds for forfeiture of the funding of the remaining portion of the PROJECT by the DEPARTMENT. 11 853 Sec. 18 -OP: 6/81 i 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit progressive billings to the DEPARTMENT covering those eligible costs that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT and FHWA may require to jus- tify and support said PROJECT costs and payments. 7.33 The financial and non-financial operating statement must accompany all requests for operating assistance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and pro- jects as outlined in this AGREEMENT. 7.34 All invoices for equipment, parts and tools must be accom- panied by either a purchase order or an invoice from the vendor. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning 1 the PROJECT shall be sent to the Public Transit Division, Iowa( Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, Iowa 50313. I WITNESS THEREOF, we have hereunto set our hands this day of IX r , 19 81 . CITY OF IOWA CITY PUBLIC TRANSIT DIVISION 410 East Washington Street IOWA DEPARTMENT OF TRANSPORTATION Iowa City, Iowa 52240 5268 N.W. SECOND AVENUE Phone: (319) 356-5154 DES MOINES, IOWA 50313 Phone: (515) 281-4265 B r By: ohn Balmer, Mayor a ne or ire r �J' CERTIFICf`'ON OF SPECIAL EFFORTS TO DOOVIDE _ TRANSPC...ATION THAT HANDICAPPED P ONS . CAN USE CITY OF IOWA CITY hereby ame of recipient certifies that special efforts are being made or will be made before January 20, 1982, in its service area to provide transportation that handicapped persons, including wheel- chair users and semiambulatory persons, can use. For recipients of funds under section 3 of the Urban Mass Transportation Act of 1964, as amended (UMT Act), these special efforts (1) are consistent with the guidance in Appendix A to 49 CFR Part 27, Subpart D and (2) are already made or will be made within six months of the effective date of 49 CFR 27.77. For recipients of funds j` under section tt 18 of the UMT'Act, the transportation resulting from these special efforts is reasonable or will be reasonable before January 20, 1982, in comparison to the transportation provided to the general public and meets a significant fraction of the actual transportation needs of such persons within a reasonable time. a'*-� Date ' ignatur�e (Federal Project Number RPT -3715(003)--93-52-01) John Balmer Name of signer Mayor Title Le I Protection Certificati( by the Section 18 Recipient Director Public Transit Division Iowa Department of Transportation 5268 N.W. 2nd Avenue Des Moines, Iowa 50313 Dear Director: FED. PROS.# RPT-3715(003),--93-5�. SYSTEM ( TTy nF TojgA [`TTY We, as a Section 18 recipient, agree that, in the absence of a waiver by the Department of Labor, the terms and conditions of the Special Section 13(c) Warranty shall apply for the protection of the employees of any employer providing transportation services assisted by the Project and the employees of any other surface public transportation providers in the transportation service area of the Project. The Warranty arrangement shall be made part of the contract of assistance with the Iowa Department of Transportation and shall be binding and enforceable by and upon the parties thereto, by any covered employee or his/her representative. Additionally, pursuant to Section (A) of the Special 13(c) Warranty, included with this submission is a listing of all transportation providers which are Recipients of transportation assistance funded by the Project, and a listing of other eligible transportation providers in the geographic area of each project, and any labor organizations representing the employees of such providers. I further certify that I have read and understand the terms and con- ditions of the Special Section 13(c) Warranty. _Signature/John Balmer Mayor Title of Authorized Official Date " ODE "�,T•s!gamalad Transit Workers rpFscME - •. Teamsters -Transport Workers Union of America TRANSIT OPERATIONS UNDER CONTRACT Use union code "X" It yes - Vtner _ist transit operations under the category showing their current statusol City of Iowa City (Agency Name) Union P q 0 c c 0 — U o P , c 0 q o ao E c `m — o n 0 O — oLocal O y 3 a U q co ``° a 0 n t y 3 a U q co N nNumber r C ¢o o. * 1• Iowa City Transit 183 B X X * 2. Johnson County SEATS - X X X (In -City SEATS Service) 3- A Better Cab Company - X X X (Supplemental SEATS Service) 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. I is. Nola: it the iranali agency itself operate, or provides transit aarYlc95. list It as of on thla sheet. '� . _____ __._ ._....._� ....wn.. ........,..�..I•... ,..... �.t..•• In onrnrrlarw Ti7D1 `SsclFon 1.'.1{L v �/ tgnmated Transit Workors lKANbli UrCYlHllull. B * Coralville Transit FScras NOT UNDER CONTRACT * University of Iowa CAMBUS - Use I/1L A ". reamsle(s X union * Greyhound Bus Lines p 1 iensport Workers Union o1 America coda T$ .'x" it yes X E Other X * Missouri Transit Lines Y43 C X X _in transit operations 1 Q/1�6 A Better Cab Company Z showing their current status ssof ... .l/8 - - o Hawkeye Cab oil large 5 smelt urban; rural; privets, non- o, Z' — 4 C o _lel profit; public operations In the Region. C a oo 2 0 m n j ServlcaslP:ograms Cl ty Of IObJd City Union m Lo°- e o p ° m' Operating from (Name of transit ag oncy) Number jj U i o U a U s g Independently Region a Small Urban Area 183 B * Coralville Transit * University of Iowa CAMBUS - I/1L A X X X * Greyhound Bus Lines * Trailways Bus Lines T$ A X X X * Missouri Transit Lines Y43 C X X X A Better Cab Company Charter Coaches (Cedar Rapids Airport Limousine Service) - - Hawkeye Cab _ City Cab Lsrga Urban Area **Supplemental SEATS Service in Iowa City "-rapraaenls "nurlace public transportation pro -',lar' In accordance with Sectlon 13{c) and that oparales In any or all of the same so Ice are Iowa City TRANS AGENCY (Applicant) ASSUf ;ES For Federal Funds Under Section 18, Urban Mass Transportation Act of 1964, as Amended - (Federal Project Number RPT -3715(003)--93-52-01 ) To the best of my knowledge, and based on the information submitted to the Iowa Department of Transportation, as an authorized represen- tative of the CTTY OF IOWA CITY , I make the following assurances to the Iowa Department of Transpor- tation and the Federal Highway Administration: A. The applicant has the requisite fiscal, managerial, and legal cap- ability to carry out the Section 18 program and to receive and disburse Federal funds. Some combination of State, Local, and private funding sources has been committed to provide the required local share. C. The applicant organization has or will have by the -time of delivery, sufficient funds to operate the vehicles and/or equipment purchased under this project, as applicable. D. The applicant assures affirmative compliance with Title VI of the Civil Rights Act of 1964 and related statutes. E. Private transit and paratransit operators have been afforded a fair and timely opportunity to participate to the maximum extent ( feasible in the provision of the proposed transportation services by the applicant. F. The applicant will work to insure the continuation of existing transportation revenues to complement Section 18 funds. G. The needs of elderly and handicapped persons have been addressed by the applicant and service comparable to that available to ambu- latory persons is available, whether provided by the applicant or other provider(s) in the service area. I. The applicant has complied, as applicable, with the labor protec- tion provisions of the Urban Mass Transportation Act, as amended. J. The applicant has complied with the applicable provisions of the guidelines (Federal Register, v.43, no.240, Wednesday, December 13, 1978, pp.58308-58310) and the Code of Iowa relative to charter bus and school bus operations. K. The applicant has or will keep all vehicles intended for passenger transportation open to the general public at all times and clearly mark such vehicles for public use, and shall include in any market- ing effort, informaLgg:�n at the ser ice open to the public. s atureJo n Ba mer Mayor Title of Authorized official Date AS%r. Johnson C inty Council of Govern nts 410 E. Washington St. Iowa City, Iowa 52240 rroloo Date: August 19, 1981 To: City Manager and City Council From: John Lundell, Transportation Planner Re: FY82 Section 18 Grant Contract On April 7, 1981, the City Council authorized applying for $221,984 in UMTA Section 18 funds. The State and Federal Departments of Transportation have concurred with the City's request. The attached resolution authorizes the Mayor to sign the grant contract and accompanying assurances. These funds will be used to offset the operating deficit of Iowa City Transit during FY82. Also on April 7, the City Council authorized applying for State Transit Assistance and a contract for these funds should be arriving in the near future. The State Assistance will be $113,988. Thank you and please do not hesitate to call if you have any questions. cc: Hugh Mose Don Schmeiser bj/sp US RESOLUTION NO. 81-230 RESOLUTION ESTABLISHING DURATION AND FEE OF PERMITS FOR THE IOWA AVENUE LOT. /L� WHEREAS, Chapter 23, Article VIII, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, the Iowa Avenue Lot has been designated a permit lot by the City Manager, and WHEREAS, the permits will be restricted for use by elderly citizens only. NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa, that: OAIC Effective August 26, 1981, f+re year parking permits will be available to elderly citizens for the Iowa Avenue Lot. The permit will be issued at no charge and will entitle the holder to park in the Iowa Avenue Lot. The permit holder will be required to deposit the proper coin or coins in the parking meter, as indicated on such meter, for the time the vehicle is occupying the parking space. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of August 1981 "AYOR ATTEST: 4,4ax-) 4 • �Yacra ITY CLERK 06/ . RESOLUTION NO. R1-7'11 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR SPACE NEEDS STUDY AND PROGRAM WHEREAS, the City of Iowa City, Iowa, wishes to determine current and projected space needs in order that the City may better carry out its delivery of services to the community; and WHEREAS, the City did prepare a Notice of Request for Proposals dated May 8, 1981, for purposes of soliciting space needs studies and preliminary design for City requirements through the year 2000 A.D. and WHEREAS, R. Neumann Associates, Architects, have submitted a proposal satisfactory to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor is hereby authorized to execute and the City Clerk to attest an agreement for space needs study and program. It was moved byFriahl and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer y Erdahl _y_ Lynch Neuhauser _ Perret Roberts _ Vevera Passed and approved this 25thday of August 1981, ATTEST: /��ZuaaJ Yl, c9 C TY CLERK {t�eeived & ApF'wvA By The Legal Department 8 (/-'r/ . AGREEMENT WHEREAS, the City of Iowa City ("CITY") wishes to determine current and projected space needs in order that the City may better carry out its delivery of services to the community; and WHEREAS, CITY did prepare a Notice of Request for Proposals dated May 8, 1981, for purposes of soliciting space needs studies and preliminary design for City requirements through the year 2000; and WHEREAS, R. Neumann Associates, Architects ("NEUMANN") has submitted a proposal satisfactory to the CITY, and the parties wish to set forth their agreement in writing. THEREFORE, BE IT AGREED AS FOLLOWS: 1. SCOPE OF SERVICES The proposal submitted herewith by NEUMANN, specifically includes but is not limited to the following. A. Establish procedure, goals, criteria, and data 1. Establish detailed work plan in cooperation with the City Manager and the City's Project Liaison/Director. NEUMANN agrees to follow CITY guidelines for work plan and liaison relationship set forth in Exhibit A FG 3 2 attached hereto and incorporated by reference herein. To this end, NEUMANN agrees to meet with CITY to determine goals, objectives and general philosophy and procedures. Meet CITY staff members with whom he will be working, introduce teams and identify alternatives under consideration. Establish approved operational method and lines of communications. Prepare conference memoranda at all meetings. 2. Review projected space needs and existing plans, specifications and contract documents. 3. Measure buildings and areas where plans are not available. Prepare "as built" drawings of all buildings under consideration as required. Obtain site plans, particularly boundary, topographic and soils information as required. Photograph interior and exterior of all buildings. Advise CITY of required data. 4. Review applicable codes, regulations and CITY requirements necessary for compliance, including flood plain ordinance. 4FGs�/- 3 B. Develop Approved Program of Space Requirements 1. Identify and verify space needs, incorporate changes and additional space requirements for service, circulation and electrical -mechanical systems (including lobbies, corridors, restrooms, janitor closets, storage chairs, chases, etc.). Confer with CITY staff as approved by City Manager. Prepare program of space needs. Obtain written approval for final accepted Program of Space Needs from City Manager. 2. Determine site consideration - parking, service requirements, utilities, etc. 3. Prepare preliminary estimate of cost. This will, of necessity at this early stage, be rough and serve only to define parameters of cost in a preliminary way. 4. Take into account CITY's commitment to creative methods for energy conservation. 96.5 0 C. Develop Alternative Preliminary Concepts 1. Prepare preliminary drawings including site plan, floor plans, elevations and sections as required to project function, constructability, and aesthetics of each of the various alternatives under consideration. The architect will start with preliminary sketch plans as required to establish ideas and concept. Once general consensus is reached as to the merit of the proposed scheme, further development will take place culminating in City Manager approval to advance to the next stage of development. Final presentation shall consist of development of at least three alternatives. Alternative proposals for consideration shall include, but not be limited to, the following and each alternative proposal may include the use of several buildings: (a) Remodel and expand the Civic Center, including proposed additions, and provision for full handicapped accessibility (Section 504 Rehabilitation Act, 1974). Estimate of cost shall include the several possibilities this alternative offers. gGL V (b) Relocate certain functions to other site, including relocation of Police and Fire Departments to another location in a public safety building. This alternative has the possibility of using other existing facilities or the design of a new public safety building. Prepare concept plans for the several possibilities. (c) Re -use of the old wastewater treatment plant. The study will include an evaluation of the architectural, structural, mechanical and - electrical characteristics of this building and its adaptability for other uses. Prepare conceptual plans to ascertain practicality, functional adaptability, and appearance of proposed solution. (d) Sale and re -use of the City's waterpipe storage yard on Gilbert Street will be considered, particularly with regard to the value of the site as a financial consideration and its potential as a site for proposed facilities. Size, feature expandability, location, etc. will be considered. L" (e) Evaluate the possibility of rehabilitation, sale or demolition of the "U -Smash -Em" building on Gilbert Street. Determine architectural condition and adaptability, structural adequacy, and condition of mechanical - electrical systems. Prepare conceptual plans utilizing building for intended use. Determine cost of demolition, remodeling and accepted space utilization of this building including costs for upgrading or replacing mechanical - electrical systems. Determine land value after demolition. (f) Prepare a study to determine availability, cost, and practicality of private rental space to meet CITY needs for a period of 20 years. 2. Prepare estimates of cost for all alternatives. Cost of remodeling and renovation work, in particular, will require careful evaluation of existing structural, mechanical and electrical systems and possible replacement. Adaptability for new uses must be carefully reviewed with regard to provision for handicapped, code requirements for City, State and Federal agencies, etc. 7 3. Determine energy costs of the above alternatives with and without recommended energy conservation measures. This is particularly important since future facility operation costs may be a decisive factor in selection of an alternative. D. Evaluate above concepts; prepare written narrative and comparative analysis. 1. Flexibility; expandability; initial cost; long range cost; life expectancy of systems; and cost effectiveness from an operational and maintenance standpoint will be considered. 2. Present to CITY for written approval a minimum of three alternative concepts for further development. E. Prepare further development plans, layouts, and sketches for a minimum of three selected alternatives. 1. Prepare final drawings, project description, outline specifications, cost estimates, data, studies, conclusions and recommendations as required for final approval. 2. Meet with City Council as required for presentation and acceptance and final approval. g6 9 N 3. Meet with advisory boards and/or commissions and citizens/public meetings, as requested. F. Finalize and submit report. 1. Compile the above data in a spiral -bound 8h" X 11" Study Report and provide one final copy ready for printing to the CITY. 2. Plans for alternative solutions will be reduced in scale from prepared drawings and included in the Report as fold -outs. 3. Submittal plans, elevations, sections, sketches, photographs, etc., will be mounted on foam core boards of an appropriate size for proper presentation. 4. Cost of transportation, reproduction and telephone calls is included. 2. PERSONNEL NEUMANN covenants to provide the personnel necessary to carry out services contracted herein, as noted in Sections A, B, and C contained in the "Proposal for Preliminary Design of Iowa City Space Requirements Through the Year 2000 AD", attached hereto as Exhibit B and incorporated by reference herein. ac7a 0 3. PAYMENT AND SCHEDULE NEUMANN will provide services as required for completion of preliminary design for the sum of $13,450. CITY agrees to pay this lump sum cost within 30 days of written notice or voucher submitted to the City Manager. NEUMANN agrees to complete the project within 90 days of issuance of Notice to Proceed. 4. EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER NEUMANN agrees that neither it, nor any of its agents, employees or associates, shall permit any of the following practices: 1. 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 physical or mental disability. 2. 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. NEUMANN further adopts the CITY's Affirmative Action Policy as a guideline for employment practices in the performance of services for the City of Iowa City. 871 10 5. GENERAL PROVISIONS a. Termination Parties agree that this Agrement may be terminated upon ten days' written notice by either party, such notice to be sufficient by hand delivery or regular mail. In the event of termination prior to completion of the Scope of Services, CITY agrees to reimburse NEUMANN for actual services rendered, based on the attached schedule of hourly rates marked Exhibit C and incorporated by reference herein. b. Documents All drawings and specifications shall be the property of the City of Iowa City. C. Indemnification NEUMANN agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against all liability, loss, costs, or damages resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of NEUMANN in the performance of this contract. 0 11 - d. List of Similar Work and References The attached Proposal marked "Exhibit B" and incorporated by reference herein contains the lists of similar work and references presented by NEUMANN to CITY. The undersigned do hereby state that this Agreement is executed in duplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. Dated this�t.E day of 1981. FOR THE CITY: FOR R.AEUhANN ASSOCIATES, Attest: Received & ApProved �y The Legal DePartmemt 973 q 6, u �11,i r� CHECKLIST FOR MANAGING CONSULTANT/INSPECTORS ON THE JOB (1). How do we draw on similarities between managing City staff and managing consultants? (2). Retailed work plan a). done before starting work? b). who outlines? c). liaison relationship -who consultant "reports" to -contact personnel at City and Consultant firm; names, addresses, phone numbers -on site or not -meetings -regular -frequency -duration -participants -who conducts -who takes minutes and/or prepares report d). overall review of Consultant contract as well as construction Lontra(A 8,2V -z- (3). On-site Presence - out-of-town consultant and resident inspector? do we have say in which inspector assigned from firm; should we? - who determines when on-site inspection no longer needed? City staff make regular or spot-checks on-site? reporting to City where problem comes up with interpretation as to design, construction, public utilities, coordination with subs and contractors and other contractors Field Book extent of detail required daily oral reports and/or weekly written summaries? schedule. accountability? (4). Project Ilirnr.-torte) oro,ject director - who decides? good "personality fit" between Project Director & Consultant? who assigns "chains of command" fur contact brtwecn f.ity Aoff E consultant? project director have or need special expertise in field involved in project to what happens when City staff and consultant experience personality conflicts and/or disagreets? - ever request assignment of new consultant for any reason? how? - ever have difficulties when firm switched consultants? good results? why improved (or worsened)? - assistant project director named? if not, good idea? what kinds of jobs handle well? poorly? (5). Deliverables were all project reports, minutes, schedules, field notes, or other documentation defined before project started? - table of contents used for documentation? - depth of detail for each document, timing, forwarding and/or communication channels (6). Reporting - progress reports clearly defined as to scope, timing and format? - try to limit written reports and rely on oral? - consultant have dictation equipment available since faster than hand-written copy for typing? (7). Payment - who approves and/or investigates Consultant payments? - anyone double-check such as assistant project director who may actually have been on job? 974 ME - any problems with consultant giving unrealistic bid and then "running out of funds" too early in construction project? - how resolve? - any suggestions? (8). Consultant Agreement - did you use standard City consultant contract? modifications inserted? results? - recommend more specific or less to allow greater flexibility? - timetables specific? did they need extending? fee changes needed? - problem areas for interpretation in fees? - scope? - accountability? - record keeping? (9). overall assessment and/or recommendations for improvement or repeat of good points? r bt PROPOSAL FOR PRELIMINARY DESIGN OF IOWA CITY SPACE REQUIREMENTS THROUGH THE YEAR 2000 A.D. prepared by R. Neumann Associates, Architects Iowa City, Iowa In accordance with the Notice of Request for Proposals dated May 8, 1981, R. Neumann Associates submit the following proposal for your consideration. It is our intention to include all items included in and necessary for pre- liminary design of City space requirements as outlined in your Notice of Request for Proposals and listing of current and projected space needs. An itemized list of proposed specific services to be provided is included. A. NAME AND ADDRESS OF FIRM: R. Neumann Associates, Architects 1056= William Street Iowa City, Iowa 52240 B. NAME OF PERSON WHO WILL ASSUME RESPONSIBILITY FOR PROJECT AND COORDINATION WITH THE CITY: Project Manager: Roy C. Neumann, AIA, Senior Partner C. NAMES AND QUALIFICATIONS OF PERSONS WHO WILL WORK ON THE PROJECT AND RESPONSIBILITIES OF EACH: Refer to Organization Chart and Resumes. Our Project Team includes the following: Project Manager: Roy C. Neumann, AIA Roy C. Neumann will serve as project manager and have overall responsi- bility for this project and for coordination with the City. Mr. Neumann's responsibilities include direct contact with the City and assurance the work proceeds in an orderly workmanlike manner. His charge includes overall excellence of design, contract documents, field inspection, 979 management and client satisfaction. Mr. Neumann is particularly well qualified, having served with major architectural offices throughout the United States for over thirty years. He is licensed in twenty states and with the National Council of Architectural Registration Boards. Degrees include: A.B. and B.A. of Architecture degrees from University of Nebraska and an M.A. degree from Harvard University. Mr. Neumann's credits include: space planning and master plan studies for major educational, civic, commercial and industrial clients while with other firms: Science and Engineering Complex, University of Cincinnati; Master Plan, University of Pittsburgh, Johnstown Campus; Harbour and Port Facilities, Government of Antigua; Master Plan and new Office Building for S.C. Johnson & Sons, Racine, Wisconsin; Master Plan, Office and Industrial Facilities for Thatcher Glass Division, Rexall Corp., Elmira, New York; Master Plan, Southeast Community College, West Burlington, Iowa; Master Plan and Phase I Service Building, Iowa School for the Blind, Vinton, Iowa; Study Report, City -County Facilities Planning, Muscatine, Marshalltown and Pocahontas, Iowa; Fire Station, Harlan, Iowa; Public Safety Facilities, Rotterdam, New York; and many others. Project Architect: Kevin Monson, AIA, B.A. of Architecture, Iowa State University; NCARB Registered Architect; Iowa. Kevin Monson will serve as project architect. Mr. Monson's responsi- bilities include direction of project operations. He will be in charge of day-to-day project activities including design and field inspection, subject to the approval of the Project Manager. Mr. Monson has considerable experience in the design and management of comparable projects. He has served as project architect for a similar study for the City of Oskaloosa; Cardinal Community School District, Eldon, Iowa; North Mahaska Community School District, New Sharon, Iowa; Hospital School Renovation, University of Iowa Hospitals & Clinics; and space planning studies for Franklin, Marion, Page and Audubon Counties. The Iowa River Power Company Restaurant here in Iowa City is one of his projects which we feel exhibits particular renovation skills. 879 Project Coordinator: Richard Caruth, AIA, Bachelor of Architecture, Iowa State University. R. Neumann Associates propose to use a coordinator whose prime function is to assure code compliance, schedule conformance, checking, estimates and specification report writing and general "trouble shootinq". We have used this procedure successfully on other projects and feel it has parti- cular merit both in quality control and job performance. Richard Caruth has wide experience with municipal, county and govern- mental agencies. He has served responsibly on numerous major projects involving space planning including: Dubuque County Care Facility; University of Iowa Hospitals & Clinics; Waco Community School District, Wayland, Iowa; Semco Community School District, Gilman, Iowa; Wapello County Courthouse Planning and Renovation, Ottumwa, Iowa; Shelby County Courthouse Planning and Renovation; Indianola Municipal Building; Clarinda Law Enforcement Center; -Bremer -Waverly Law Enforcement Center, and others. Production Drawing and Graphics: Dennis Miller, Hawkeye Technical Institute. Dennis Miller will be responsible for the drafting and graphics involved in the project. Mr. Miller has had considerable experience in providing clear, accurate presentation drawings. His work is not only artistic but has the degree of technical excellence essential for a preliminary design study of this type. Mechanical -Electrical Consultant: Gene Gessner, Inc. or Gauger Engineers. Resumes enclosed. Structural Consultant: Jack Miller, Inc. Resume enclosed. Landscape Architect: Richard Kellor. Resume enclosed. D. TOTAL SINGLE SUM COST: R. Neumann Associates will provide services as required for completion of preliminary design for the sum of Thirteen Thousand Four Hundred Fifty Dollars ($13,450.00). E. DAYS REQUIRED TO COMPLETE PROJECT: R. Neumann Associates will complete the project within 90 days of issuance of Notice to Proceed. This, of course, assumes prompt approvals on the part of the City. F. SIMILAR WORK COMPLETED WITHIN THE LAST 10 YEARS: R. Neumann Associates and our members have been associated with numerous projects involving analysis of space needs, renovation, remodeling, historic preservation and the design of comparable facilities. These include but are not limited to the following: CLIENT PROJECT REMARKS Board of Supervisors County Courthouse Renovation. Involved installation Franklin County, Analysis of Space Needs. of a complete new Iowa Construction of Facilities. floor in courthouse and complete renovation. Cost approximated $2,000,000. City of Oskaloosa, Study of Space Requirements Planning involved all Iowa for City through year 2000. City departments with particular emphasis on Police & Fire Depts. Bremer County and New Law Enforcement Center Following completion of City of Waverly, Iowa incorporating City and County space analysis a new facilities. facility was constructed. City of Clarinda, Public Safety Building Following completion of Iowa incorporating City facilities. space analysis a new facility was constructed. City of Harlan, Iowa Space Needs Study and New Fire Station Analysis, Contract Docu- constructed. ments and Project Management of new Fire Station. Board of Supervisors CLIENT PROJECT REMARKS City of Onawa, Iowa Public Safety Building Following completion incorporating City facilities. of space analysis a and County offices. new facility was con- Space Needs Study and Contract continues on Marion County, structed. City of Pocahontas, Space Needs Study and Plans complete and bond Iowa cluding new Court facilities Preliminary Plans for City issue scheduled. Approx. and County offices. Offices, Public Safety and cost $500,000. Contracts currently Wapello County, Library. being awarded. City of Muscatine, Space Needs Study and By Roy Neumann. Iowa Analysis of City requirements and County offices. Board of Supervisors and design of new Fire Phased program. Poweshiek County, for new Law Enforcement Station. Montezuma, Iowa City of Harlan, Iowa Space Needs Study and New Fire Station Analysis, Contract Docu- constructed. ments and Project Management of new Fire Station. Board of Supervisors Space Needs Study and Contract completed 1979. Shelby County, Contract Documents for Approx. cost $750,000. Harlan, Iowa Courthouse Renovation in- cluding new Court facilities and County offices. Board of Supervisors Space Needs Study and Contract continues on Marion County, Contract Documents for phased basis. To date Knoxville, Iowa Courthouse Renovation in- approx. cost $800,000 cluding new Court facilities complete. and County offices. Board of Supervisors Space Needs Study and Contracts currently Wapello County, Contract Documents for being awarded. Ottumwa, Iowa Courthouse Renovation in- cluding new Court facilities and County offices. Board of Supervisors Study of Space Needs Phased program. Poweshiek County, for new Law Enforcement Montezuma, Iowa facilities and Courthouse Renovation. gg2 CLIENT PROJECT REMARKS City of Indianola, Iowa Board of Supervisors Hancock County, Garner, Iowa City of Fairfield, Iowa City of Mt. Pleasant, Iowa City of Ft. Madison, Iowa Space Needs Study and Analysis for New Law Enforcement Center Space Needs Study and Analysis for new Public Safety Building Space Needs Study and Preliminary Plans for Library Renovation. Space Needs Study and Preliminary Plans for Library Renovation. Space Needs Study and Preliminary Plans for Library Renovation. New facility constructed. Completed 1980. New facility constructed. Completed 1977. Bids to be received in July 1981. Phase I complete. Current project. Semco Community School Space Needs Study for School For Bond issue 1981. District, Gilman, Iowa facilities in Gilman and Laurel. Cardinal Community Space Needs Study for School School District, Eldon, facilities in Eldon, Batavia Iowa and Agency. Central Lee Community School District, Argyl, Iowa North Mahaska Community School District, New Sharon, Iowa Space Needs Study for School facilities in Donnelson, Montrose and Argyl. Space Needs Study for School facilities in New Sharon. Albia Community School Space Needs Study for School District, Albia, Iowa facilities in Albia. For Bond issue 1981. For Bond issue 1981. New K-9 Elementary School. Phased program. West Liberty Community Space Needs Study for School Phased program. School District, facilities in West Liberty West Liberty, Iowa and Nichols. CLIENT PROJECT REMARKS Morning Sun Community Space Needs Study for School Constructed a new School District, facilities in Morning Sun. school 1980. Morning Sun, Iowa Per Mar Security Inc. New Office Building, Space Initial planning Davenport, Iowa planning and preliminary complete. design. Iowa State Conservation Pine Creek Gristmill Renovation First phase complete. Commission, Des Moines Second phase under way. University of Iowa Space Needs Study and Phased program. Hospitals and Clinics Preliminary Plans for Phase I now under way. Iowa City, Iowa Renovation of Hospital School. Board of Directors Master Plan for new campus, Phase I complete. Southeastern Community and Contract Documents for R. Neumann project College, Burlington, Phase I - 80,000 s.f. facility. manager. Iowa Johnson and Koenig Space Needs Analysis and Two programs: Phase I Moline, Illinois Contract Documents for Iowa included Restaurant, River Power Company Restaurant, Phase II included Iowa City, Iowa Banquet facilities. Board of Supervisors: Services involving elevator * Elevators installed *Mahaska County installation and provision for and complete. *Shelby County handicapped in accordance with *Appanoose County Section 504, Rehabilitation Fremont County Act of 1974. Includes Rest Room Poweshiek County and general building modifications Montgomery County as required. *Jefferson County *Harrison County *Louisa County Adams County *Audubon County Page County Taylor County *Benton County *Marion County G. INFORMATION CONCERNING RELIABILITY OF COST ESTIMATES: R. Neumann Associates is particularly proud of our record with regard to reliability of cost estimates. We are usually within 1% of the final actual project cost. Frequently, as with Morning Sun Elementary School, we are within 1/2 of 1%. In our work for the University of Iowa our estimates have been "on target" and within the above guidelines. We have constructed three major County Care Facilities ranging to over two million dollars in construction cost all within our original budget estimate. We are fully aware of the ramifications of poor estimates and for this reason take particular care to assure realistic, accurate estimates. This is usually done by checking our "in house" take off with that of an independent outside professional. To date, we have had no unwanted surprises and the quality of our estimates has been a source of recommendation for new clients. H. REFERENCES: The following references are representative of previous Clients for whom we have provided comparable services or have pertinent information relative to our technical,administrative or financial capability. John W. Meyer, City Engineer, Oskaloosa, Iowa Tom Albright, Chief Engineer, Iowa State Conservation Commission, Wallace Building, Des Moines, Iowa Dr. Alfred Healy, Director, Hospital School, University of Iowa Hospitals & Clinics, Iowa City, Iowa James Austin, Superintendent, Monroe Community School District, Monroe, Iowa James Mitchell, Superintendent, Albia Community School District, Albia, Iowa Jefferson County Board of Supervisors, Fairfield, Iowa Marion County Board of Supervisors, Knoxville, Iowa Gene Anderson, Hospital Architect, University of Iowa, Iowa City, Iowa C. W. Callison, Superintendent, Southeastern Community College, Burlington, Iowa Richard Melson, President, C.K. Processing Company, Muscatine, Iowa 515-673-7472 515-281-5145 319-353-5972 515-259-2315 515-932-5165 515-472-2851 515-842-3711 319-356-2330 319-752-2731 319-263-3095 0 John Krieger, President, Hawkeye State Bank, Iowa City John Rigler, President, Central State Bank, Muscatine John Wilson, Executive Vice President - Insurance, Hawkeye Bank Corp., Des Moines, Iowa Eugene Brawner, Manager, Dain Bosworth Inc., Iowa City Charles McComas, President, McComas-Lacina Construction Company, Iowa City, Iowa Warren Burger, Burger Construction Company, Iowa City Board of Supervisors, Audubon County, Audubon, Iowa Dave Christensen, Auditor Ralph Gibson, Superintendent, Waco Community School District, Wayland, Iowa Robert Templeton, Superintendent, North Mahaska Community School District, New Sharon, Iowa Fran Davis, Superintendent, Morning Sun Community School District, Morning Sun, Iowa Roger Younkin, Superintendent, Semco Community School District, Gilman, Iowa 319-351-4121 319-263-3131 515-277-1558 319-354-5000 319-338-1125 319-337-2245 712-563-2584 319-256-6200 515-637-4188 319-868-7701 515-498-7481 I. INFORMATION CONCERNING AFFIRMATIVE ACTION PROGRAM: The following statement has been adopted by R. Neumann Associates as part of our General Policy. STATEMENT OF EQUAL OPPORTUNITY PRACTICES It is policy of R. Neumann Associates, Architects, to promote principles of and provide equal opportunity to all members and applicants for membership without regard to race, religion, creed, color, sex, age, physical or mental handicap, national origin, marital status or sexual orientation. The obligation to provide equal opportunity includes all phases of our practice including membership, leadership and social activities. Similarly, all benefits and privileges of membership shall be provided in conformity with this policy of equality. I (F_/AI'b,t C '' R. NEUMANN ASSOCIATES I0'r1A CITY, IO'aA SCIIEMILE OF HOURLY RATES The various per,ounel of the firm have hrrin classifind according to experlenco and technical Lraininrl, and thn fnllowiurI schedule of charges for wrvicLs r•rill alrl,ly ror all wort, perfnrmrd during 1981. For the work ur,dOrLakon in subseiluenl. yv,,rr;, this schedule may be negotiated upo-rard as a direct resulL or salary escalation. Revised May, 1481 In Classification Hourly Rafe Clerical X20,00 Grade A Technician 522.00 Grade B Technician ;?6.00 Grade 1 Pre -Professional 523.00 Grade 2 Pre -Professional X30.00 Grade 3 Professional 540.00 Grade 4 Professional 545.00 Grade 5 Professional (Associate) ;50.09 Grade 6 Professional (Principal) ;60.00 Revised May, 1481 In t. RESOLUTION NO. 81-233 RESOLUTION ESTABLISHING TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL OF IOWA CITY, IOWA WHEREAS, the City Council of Iowa City has provided by Ordinance No. 2342 of the Ordinances of the City of Iowa City, Iowa, that the time and place of regular meetings of the City Council shall be set by resolution of the Council and, WHEREAS, on September 23, 1980, the City Council by resolution set the time and place for regular Council meetings to be every other Tuesday of each month at 7:30 o'clock p.m. in the Council Chambers of the Civic Center, starting with the October 7, 1980, meeting and, WHEREAS, the Council deems it in the public interest to repeal said Resolution and establish the following schedule: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Resolution enacted September 23, 1980, setting regular Council meetings every other Tuesday of each month at 7:30 p.m. in the Council Chambers of the Civic Center starting October 7, 1980, is hereby repealed and any other resolutions dealing with the same subject matter are hereby repealed. 2. Regular Council meetings of the City Council of Iowa City, Iowa, shall be held on every other Tuesday of the month excluding holidays, in the Council Chambers of the Civic Center of Iowa City, Iowa, at 7:30 o'clock p. m., Central Standard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the time of said meeting, starting with cancellation of the November 3, 1981, regular Council meeting, and scheduling meetings every other Tuesday starting with the November 10, 1981, meeting. 3. In the event a holiday falls on a regularly scheduled Council meeting, the City Council shall determine whether or not to hold that meeting at another date or to waive said meeting. 4. This resolution shall take effect with the meeting date of November 10, 1981, as the first regular meeting date under this schedule. It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts Abs aid Vevera Passed and approved this 25th day of Auugust�1981. Q ` D YO ATTEST: � I i Received $ Approved B The Legal Department s i1 s) 989 RESOLUTION NO. 81-23 ?3-Z RESOLUTION RECLASSIFYING ONE PERMANENT E HPAR;F!-1E'ff A* 811E FERH4NEN FULL-TIME POSITION IN THE PARKS AND RECREATION DEPARTMENT. WHEREAS, Resolution No. 81-45 adopted by the City Council on March 10, 1981, establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS, the classification plan for the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed, and ties normally performed b a D' ce Department are curre o ee classified as a Clerk/T performance of such duties is necessary t 1 o tons, and . WHEREAS, the duties normally performed by a Maintenance Worker III in the Parks and Recreation Department are currently being performed by an employee classified as a Maintenance Worker II, and performance of such duties is necessary to departmental operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel be amended as follows: Police Department 1. 2. T Parks and Recreation Department 1. The removal of one permanent full-time Maintenance Worker II position. 2. The addition of one permanent full-time Maintenancer Worker III position. It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of August , 1981. _zZZMAYOR — ATTEST: `�f . _ CP CLTY ERKa��'� • / i eceivad Q0 E T,Lev3� Fav �IvCG. RESOLUTION NO. 81-234 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Ogden Food Service Corp., 1230 Baker St. (concessions U of I ) Paul's Discount, 424 Hwy 1 West Superspud, Old Capitol Mall It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: ` AYES: NAYS: ABSENT: Balmer X Lynch X Erdahl- X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 8th day of September , 19 81 Attest: City Clerk RESOLUTION NO. 81-235 RESOLUTION ACCEPTING THE WORK FOR THE BYINGTON ROAD AT GRAND AVENUE INTERSECTION IMPROVEMENTS WHEREAS, the Engineering Department has recoanended that the im- provement covering the Byington Road at Grand Avenue Intersection Project as included in a contract between the City of Iowa City and James T. Fox Contracting Corp. of Marion, Iowa dated April 30, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, d AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Vevera that the resolution as re e a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 8th day of September_ OO , 19 81. ayor ATTEST: 21 City Clerk Received & Approved By go Leqal Department A si CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT August 25, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Byington Road at Grand Avenue Intersection Improvements by James T. Fox Contracting Corporation of Marion, Iowa. Contract dated April 30, 1981. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Sch�m' adeke, P.E. Director of Public Works bdw2/17 JC7'-) I RESOLUTION NO: 81-236 RESOLUTION APPROVING THE FINAL PLAT AND LARGE SCALE RESIDENTIAL PLAN OF COURT HILL-SCOTPBOULEVARD PART VIII ADDITION TO THE CITY OF IOWA CITY, IOWA. WHEREAS, the owners and proprietors, Plum Grove Acres, Inc., and Florence E. Glasgow and Bruce R. Glasgow, have filed with the City Clerk the plat and subdivision of the following described property situated in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Section 12, Township 79 North, Range 6 West of the 5th P.M., thence N00 degrees, 02' 19" E, 2283.38 feet on the east line of the Southeast Quarter of said Section 12 to the point of beginning; thence N89 degrees 57' 41"W, 100.00 feet on the North line of lot 116, Court Hill- Scott Boulevard Part VII, an Addition to Iowa City, Iowa,; thence N45 degrees 21'42"W, 109.19 feet on the Northeasterly line of said Lot 116; thence N 89 degrees 57'41"W, 202.44 feet on the North line of said Lot 116 to the East line of Oakwoods; Addition Part 6, an Addition to Iowa City, Iowa; thence N 0 degrees 36'40"W, 278.29 feet on the East line of Oakwoods, Addition Part 6; thence N 28 degrees, 03' 16"E, 69.53 feet; thence N 57 degrees 35'00"W, 104.86 feet to the North corner of Lot 237, Oakwoods.a Addition, Part 6; thence N 33 degrees 35'40"E, 270.20 feet on the South- easterly right-of-way line of Oberlin Street; thence Northeasterly 23.56 feet on a 15.00 foot radius curve concave southeasterly, and whose 21.21 foot cord bears North 78 degrees 35140"E; thence N 33 degrees 35'40"E, 35.00 feet to the center line of Lower West Branch Road; thence S57 degrees 39'18"E, 297.87 feet on the center line of Lower West Branch Road: to the Center line of Scott Boulevard, which is the East line of the Northeast quarter of Section 12, Township 79 North, Range 6 West of the 5th P.M.; thence South 0 degrees 35' 42" W, 207.25 feet, on the centerline of Scott Boulevard to the Southeast corner of the Northeast Quarter said Section 12; thence South 0 degrees 02'19"W, 364.59 feet on the centerline of Scott Boulevard to the point of beginning. Subject to easements and restrictions of record. WHEREAS, said property is owned by the above-named corporation and individuals and the Dedication has been made with the free consent and in accordance with the desires of the proprietors. AND WHEREAS, said plat and subdivision_ -are found to conform with Chapter 409 of the 1981 Code of Iowa and all other statutory requirements. _ AND WHEREAS said plat and subdivision were -examined -by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above-described property be and the same is hereby approved and the Dedication of the streets as by law provided is hereby accepted. I d yj BE IT FURTHER RESOLVED that the City of Iowa City, Iowa is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. BALMER x AYE NAY ABSENT ERDAHL x AYE NAY ABSENT LYNCH x AYE NAY ABSENT NEUHAUSER x AYE NAY ABSENT PERRET x AYE NAY ABSENT ROBERTS x AYE NAY ABSENT VEVERA x AYE NAY ABSENT Passed and approved this Btb day of September ,1981. MAYOR ATT ST: CITY CLERK I FSEP3L 19E81 D ABBIE STOLFUS CITY CLERK Received A Approved BY The Legal Depadmcn9 -3-?-j RESOLUTION NO. 81-237 RESOLUTION APPROVING THE FINAL PLAT OF LINDER VALLEY SUBDIVISION. WHEREAS, a final plat of Linder Valley, Johnson County, Iowa, has been filed with the Clerk of the City of Iowa City, Iowa, the legal description for which is as follows: Part of the NW one-quarter SE one-quarter Section 34, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa, more particularly described as follows: Commencing at a 5/8 inch rebar marking the center of said Section 34; thence S88°1'E, 186.00 feet along a fenceline assumed to be the north line of said NW one-quarter SE one- quarter to a 5/8 inch rebar marking the point of beginning of Linder Valley herein described; thence S88°14'40"E, 600.45 feet along said north line to a 5/8 inch rebar; thence S0019'40"W, 1229.04 feet along the existing fenceline to a two inch iron pipe marking the NE corner of a lot survey recorded in Book 4, page 299, Johnson County Recorder's Office; thence S0040'20"W, 105.00 feet along the east line of said Lot Survey to a P.K. nail on the centerline of Linder Road; thence N89°21'50"W, 345.58 feet along the centerline of Linder Road to a P.K. nail; thence N0024'30"E,222.22 feet along an existing fence to a 5/8 inch rebar; thence NO°17'20"E, 331.88 feet along an existing fence to a 5/8 inch rebar; thence N89°17'W, 260.00 feet along an existing fenceline to a 5/8 inch rebar; thence NO°45'E, 791.30 feet along an existing fence to the point of beginning. The South 33 feet of the aforesaid described Linder Valley is reserved and dedicated as Linder Road right-of-way. and, WHEREAS, after consideration of the same, the plat was found to be in accordance with the provisions of the law of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an agreement between the City of Iowa City and Furman Construction, Inc., has been entered into which provided for the future dedication of the street shown on the plat of said subdivision, in the event of annexation and also provides for the Waiver of protesting any future resolution of necessity and amount of assessment for future improvements in the event of annexation, and also provides for certain rights and responsibilities concerning stormwater basin areas. k j S NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said Final Plat of Linder Valley, Johnson County, Iowa, be and the same is hereby acknowledged and approved on the part of Iowa City. The Mayor and the City Clerk are hereby directed to certify this resolution of approval and affix the same to said plat as by law provided to the end that the plat may be recorded. The foregoing resolution was moved by Perret and seconded by Vevera , at the duly convened meeting of the City Council of Iowa CitT- wa, held at the Civic Center of Iowa City, Iowa, on the 8th day of September , 1981, commencing at 7:30 , P.M. It was moved by Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch _x Neuhauser _x Perret y_ Roberts _X Vevera Passed and approved this 8th day of September 1981. AYOR ATTEST: a - U Received 3 AnP.r•: c d By The Legal Depart�n:?n.t —5—r 9196 RESOLUTION NO. 81-238 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER ROOF REPAIR 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. 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 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 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 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 10:00 a.m. on the 30th day of September , 19LL. 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 6th day of October , 1981 Received $ Approved By the Legal De rtment ' -A47 Page 2 Resolution No. 81-238 It was moved by Lynch and seconded by Roberts that the Resolution as rea e a opte , and upon roll Ca h ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 8th day of September 1981' - ATTEST: �?J�- CITY CLERK E RESOLUTION NO. 81-239 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LOWER RALSTON CREEK IMPROVEMENT PROGRAM - PHASE I WHEREAS, North Iowa Contractors, Inc. of Manchester, Iowa has submitted the beet bid for the construction of the above-named project. NOW, THEREFORE, HE 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 North Iowa Contractors, Inc. , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by that the Resolution as AYES: NAYS: Perret and seconded by Neuhauser read be adopted, and upon roll call there were: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 8th day of ATTEST: September , 19 81 sce1c0KVd & Approved BY The Leg,l Deparhent n _3 _ "j 7i 0 CONTRACT THIS AGREEMENT, made and entered into this ai "(.A day of C. �Y �' —, 19 7(, by and between the City of Iowa City Iowa party of the first part, hereinafter referred to as the "Owner" and NORTH IOWA CONTRACTORS, INC. party of the second part, hereinafter referred to as the "Contractor". WTTNFCCFTN- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 23 day of July , r z 19 81, for Lower Ralston Creek Improvement Program - Phase I under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers f� b. "Standard Specifications for Highway and Bridge Construction", Series-V—f' 97rf1flwa'Department-oi ansportation; �a.9bway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. J?"nr_l e. Special Provisions f. Proposal g. This Instrument Tha above components are complementary and what is called for by on(! %hall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands r and seals the date first written above. Contractor (Seal) n Sgal) 4 (Title) Mayor (Title ATTEST: Z (Ti tle),% RESOLUTION NO. 81-240 RESOLUTION AWARDING CONTRACT AND AUTHORIZINu MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GILBERT STREET RAILROAD CROSSING IMPROVEMENTS WHEREAS, Metro Pavers, Inc., of Iowa City hes submitted the best bid for the construction of the above-named project. /LcJ./ re - NOW, 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 Metro Pavers, Inc. subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Erdahl and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 8th day of September , 19 81 ATTEST: Leo-) of-tw_rtnnent 900 1� LAFAYETTE ST. qq Qose p 11 � d J o G> 2a d w z ti• a o cl) J u in Z W � O W a m ROAD CLOSED lJ / W. BENTON ST. / . RESOLUTION NO. 81-241 RESOLUTION APPROVING THE OFFICIAL MUNICIPALITY REPORT FOR MUNICIPAL STREETS AND PARKING AND THE OFFICIAL STREET CONSTRUCTION PROGRAM PROJECT STATUS REPORT FOR FY1981. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Official Municipality Report for Municipal Streets and Parking and the Official Street Construction Program Project Status Report for the period beginning July 1, 1980, through June 30, 1981, be approved. It was moved by Roberts and seconded by Vevera that the resolution be adopted as read. Upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 8th day of September 1981. ATTEST: Received i Approved By The legal Department � LWv i- 3 - ?J goy IOWA DEPARTMENT OF TRANSPORTATION PUT 2 FORM 220003 "I OF TR44 4""V 9OpU IOWA OFFICIAL MUNICIPALITY REPORT for MUNICIPAL STREETS AND PARKING Municipality City of Iowa City County Johnson From July 1, 1980 to June 30, 1981 I, Ahhl P S to I fug , city clerk of the municipality of the City of Iowa City do hereby certify that the city counci l has by resolut Ion approved this report as its official 1981 Fiscal Year Street Finance Report th is 8th day of September 79 81 City Clerk Mailing Address Iowa Ci Daytime Phone No. ( 319) 356-5041 Hours Available Sam - 5pm (Area Code) John Balmer Mayor Robert Vevera Members of the Council Clemens Erdahl Mary Neuhauser Glenn Roberts David Perret Larry Lynch On or before September 10, 1881, two copies of thls report shall be flied with the Iowa Department of Transportation. This report consists of RUT NUMBERS DISTRIBUTION: While Copy - 011lce of Transportation Inventory; Yellow Copy • City; Pink Copy - District Transportation Planner s'o3 IOWA D EPA ATM ENT OF TRANS PORTA➢ON 2,798 FORM 2200044-8, STREET FINANCE REPORT 129,912 FROM ALL SOURCES FOR STREET PURPOSES 160,155 COLUMN 1 COLUMN 2 COLUMN 3 Municipality City of Iowa City FROM County Johnson ROAD USE STREET OTHER Official Census Figure TAX FUND FUND ACCOUNTS" City No. (ROUND FIGURES TO NEAREST DOLLAR) A. 1. Ending Balance Last Street Finance Report 2. Adjustment (Explain on RUT - 2B) 3. Actual Book Balance, July 1, 1980 ACTUAL RECEIPTS B. 1. Road Use Tax ............................ 2. Property Taxes ........................... 3. Special Assessments ...................... 4. Misc. (Itemize on Next Page) ................ 5. Proceeds From Bonds Sold ................. RUT 2A COLUMN 4 TOTALS 373,770 L314.568 537,245 2,225,583 373,770 1,314,568 537,245 2,225,583 1.286.446) 1,286,446 1,253,978 1,253,978 64,058 64,058 1,620,909 1,620,909 1,030,173 1,030,173 6. Interest Earned ........................... 227,680 C. Total Receipts (Lines B7 thru B6) ............... D. TOTAL FUNDS AVAILABLE .... .............. (Line A3+Line C) ACTUAL EXPENDITURES E. Maintenance 1. Roadway Maintenance ..................... 2. Snow and Ice Removal ..................... 3. Storm Sewers ... ........................ 4. Traffic Services ........................... 5. Street Cleaning ........................... F. Construction or Reconstruction 1. Engineering .............................. 2. Right of Way Purchased ...................' 3. Roadway Construction ..................... 4. Storm Sewers ....0...........0.0........' 5. Traffic Services ..........................' 6. Sidewalks ............................. .' G. Administration .............................. H. Street Lighting ...................... 0..... 0. I. Trees .................................. ... J. Equipment Purchased ........................ K. Misc.(Itemizeon Next Page) .................. L. Bonds and Interest Paid 1. Paid on Bonds Retired ........... 0......... 2. Interest Paid on Bond ...................... M. Non -Street Purposes ............ 0 ...... 0..00. N. Total Expenditures (Lines E thru M) ............. 0. BALANCE, June 30, 1981 ..................... P. TOTAL FUNDS ACCOUNTED FOR. (Line N + Line O) �Irin • :' 1,514,126 2,-6)51,.082 1,129,2n"i 5,423,411 1,887,896 3965,650 1,865,448 7,713,994 856,847 856,847 89,907 89,907 25MG2 259,762 -K251q �2�51L 55,279 55,279 2,987,548 2,987,548 2,798 2,798 129.912 129,912 160,155 160,155 766,004 766,004 222,140 222,140 1,887,896 3,965,650 1,865,561 7,718,994 (') Road -Use Tax Expenditures for these six items must be divided to extension of rural systems, municipal arterial, collector and local streets on Form PUT 2-B. I—) Debt Service, General, Sanitation, Public Safely, Utility, etc. Include the balances for accounts which are used entirely for streets. Read Your New Instructions. 1 DISTRIBUTION: Write Copy-O,hce at Transportation Inventory; Yarrow Copy-City,P,nkGppv- District Transporlalion Planner fox IOWA DEPARTMENT OF TRANSPORTATION FORM V00054411 STREET FINANCE REPOR. PUT23 Municipality City of Iowa Ci CONSTRUCTION & RECONSTRUCTION EXPENDITURES FROM ROAD USE TAX ACCOUNT (USE FIGURES FROM COL. 1, RUT - 2A ONLY) City No. Ext. of Rural Systems Municipal Arterial Trunk Trunk Collector Func. Class 06 Func. Class 07 Func. Class 10 1. Engineering 2. Right of Way Purchased 3. Roadway Construction 4. Storm Sewers 5 Traffic Services 6. Sidewalks Total Municipal Collector Municipal Local Func. Class 11 Func. Class 12 Total 51.407 3.872 55.279 2.798 2.798 51,407 6,670 58,077 Comments: (Including street expenditures by subdividers.) Itemization of Miscellaneous Receipts (Line B4). (See instructions.) Charges for Services Miscellaneous Sales Reimbursement of Exoenses k -r . -ling.tt•r Line B-4 Totals Itemization of Miscellaneous Expenditures (Line K). (See instructions.) Line K Totals DISTRIBUTION. Who, Copy Office al Transportation invewory. Yellow Copy -City; Pink Copy - District T,.sponatwn Planner COLUMN 2 COLUMN 3 14,085 2,773 s 10,694 4,252 5,780 10.324 159 367 57.156 1.515.319 1,620,909 STREET FINANCE REPORT Form RUT -2C On and Off Street Rev. 4-1-81 Parking Statement Municipality Iowa City City No. A. ACTUAL BALANCE July 1, 1980 . . . . . . . . . . . . . . . 2,919.056 ACTUAL RECEIPTS B. Parking and Meter Receipts 1. Street Meter Revenue . . . . . . . . . . . . . . . . 169,343 2. Lot or Garage Meter Revenue . . . . . . . . . . . . . 353,321 3. Other Lot or Garage Revenue (Rentals) . . . . . . . . 44,455 4. Property Taxes . . . . . . . . . . . . . . . . . . . -- 5. Miscellaneous (Itemize below) . . . . . . . . . . . . 446,288 Total (lines B1 -B5) . . . . . . . . . . . . . . . . . 1,013,407 C. Proceeds of Parking Bonds Sold . . . . . . . . . . . . . -- D. Total Receipts (Lines B1 -B5 and line C) . . . . . . . . . 1,013,40Z E. TOTAL PARKING FUNDS AVAILABLE (lines A and D) . . . . . . 3,932,463 ACTUAL EXPENDITURES F. For On and Off Street Parking 1. Acquisition and Installation of Meters . . . . . . . -- 2. Maintenance and Repair of Meters . . . . . . . . . . 5,811 3. Acquisition and Improvement of Parking . . . . . . . 2,013,315 4. Maintenance and Operation for Parking . . . . . . . . 356M3 5. Policing and Enforcement . . . . . . . . . . . . . . 8 440 Total (lines F1 -F5) . . . . . . . . . . . . . . . . . 2,384,449 G. Parking Bonds and Interest Paid 1. Paid on Bonds Retired . . . . . . . . . . . . . . . . -- 2. Interest Paid . . . . . . . . . . . . . . . . . . . 341.009 H. Street Work Paid from Parking . . . . . . . . . . . . -- (Amount claimed under misc. receipts on Form RUT -2B) I. Total Expenditures (lines F1 -F5, G1 -G2, and line H) . . . 2,725,458 J. ACTUAL BALANCE June 30, 1981 . . . . . . . . . . . . . . 1,207,005 K. TOTAL PARKING FUNDS ACCOUNTED FOR (lines I and J) . . . . 3,932,463 99AV STREET FINANCE REPORT On and Off Street Parking Statement Form RUT -2C Rev. 4-1-81 Municipality Iowa City City No. A. ACTUAL BALANCE July 1, 1980 . . . . . . . . . . . . . . . 2,919.056 ACTUAL RECEIPTS B. Parking and Meter Receipts 1. Street Meter Revenue . . . . . . . . . . . 2. Lot or Garage Meter Revenue . . . . . . . . 3. Other Lot or Garage Revenue (Rentals) . . . 4 Pt T . . . . . 169,343 . . . . 353,321 . . . . . 44,455 roper y axes . . . . . . . . . . . . . . . . . . 5. Miscellaneous (Itemize below) . . . . . . . . . . . Total (lines B1 -B5) . . . . . . . . . . . . . . . . C. Proceeds of Parking Bonds Sold . . . . . . . . . . . . D. Total Receipts (Lines B1 -B5 and line C) . . . . . . . . E. TOTAL PARKING FUNDS AVAILABLE (lines A and D) . . . . . ACTUAL EXPENDITURES F. For On and Off Street Parking 1. Acquisition and Installation of Meters . . . . . . . 2. Maintenance and Repair of Meters . . . . . . . . . . 3. Acquisition and Improvement of Parking . • . . 4. Maintenance and Operation for Parking . . . . . . . . 5. Policing and Enforcement . . . . . . . . . . . . . . Total (lines F1 -F5) . . . . . . . . . . . . . . . . . G. Parking Bonds and Interest Paid 1. Paid on Bonds Retired . . . . . . . . . . . . . . . . 2. Interest Paid . . . . . . . . . . . . . . . . . . . . H. Street Work Paid from Parking . . . . . . . . . . , . (Amount claimed under misc. receipts on Form RUT -2B) I. Total Expenditures (lines F1 -F5, G1 -G2, and line H) . . . J. ACTUAL BALANCE June 30, 19.81 . • • K. TOTAL PARKING FUNDS ACCOUNTED FOR (lines I and J) . . . 446,288 1,013 407 1 013,407 3,932,463 5,811 2,013,315 356,8B3 8.440 2.384.449 341,009 2,725,458 1,207,005 3,932,463 .9v7 Iowa Depanmem of Transportation Form 220015 519 OFFICIAL S of TR4N sa STREET CONSTRUCTION PROGRAM C' PROJECT STATUS REPORT a y �• = FOR rowl, ❑ CITIES - Pop. 1,000.4,999 (one-year) ® CITIES - Pop. 5,000 & over (five-year comprehensive) CITY _ City of Iowa City COUNTY Johnson County FROM JULY 1, 1980 TO JUNE 30, 1981 1, Abbie Stolfu5 , city clerk of the City of— Iowa City do hereby certify that the city council has by resolution approved this official report as its fiscal July 1,1 980 to June 30, 1981 one-yearlfive•year comprehensive Street Construc. lion Program this Month September , Day Sth , Year 1981. City Clerk Mailing Adc Daytime Phone No. (319) 356-5041 Hours Available Sam - 6 pm Ivrea Code) John Balmer ,Mayer MEMBERS OF THE COUNCIL Robert Vevera Clemens Erdahl Mary Neuhauser Glenn Rob its David Pprrpt Larry Lynch On or before September 10 of each year two copies of this report shall be filed with the Iowa Department of Transportation. DISTRIBUTION wmle Cities 01 Transportation Inv Yellow -CIIy Dopy. Pink. District Transportation Planner O IOWA DEPARTMENT OF IRANSPOPIAIION FOHM 22MI4 5 29 TYPE OF CONSTRUCTION I RIGHI OF WAY 2 GRADE AND DRAIN J PAVE 0 RECONSTnUCTION S. PAVEMENT WIDENING 6 RESURFACING 2 SHOULDER WIDENING 6 SURFACE RESTORATION 9 BRIDGE OR GUI VERT ONLY le. INTERSECTION LIGHTING 11 STREET LIGHTING 12 MISCELLANEOUS STATE FUNCTIONAL CLASSIFICATION Ofi IPUIUR E%i OF 07 1IVU Ntt RURAE COLLECTOR SYSTEM 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SLRV.CE SYSTEMS PROJECT STATUS REPORT STREET CONSTRUCTION PROGRAM Accomplishments July 1, 1980 To June 30, 19 81 Pop. 1,000 4,999 ❑ 1 year program Pop. 5,000 & over K1 5 year program SHEET CITY IOWA City COUNTY L]DhnSOU OF R.U.T. 5 TREEPNO.I SNAMET PROJECT LIMITS STATE FDNC. CLASS. SURFACE TYPE OF CONST. PROJECT LENGTH (MILES) TOTAL COST (DOLLARS) % COA--'--EDI FROM TO WIDTH TYPE 1. Gilbert St. Third St. Napolean Park 10 49' P.C.C. 1,2,3, 4,5,12 1.50 FAUS 2,233,287.00 100% 2. Asphalt Overlay Miscellane us locationE 10,11 12 Varies Asphalt 6 1.12 241,106.00 100% 3. Washington Street Bridge at Ral tan Creek 11 Concrete 9 N.A. 154,761.00 100% 4. Summit St. Bridge at Roc Railroad Trac Island s 11 35' Asphalt 8,9 N.A. 29,427.00 100% 5. Scott Blvd. Highway #6 Muscatine Avenue 11 31 P.C.C. 1,2,3 1.46 893,334.00 70% 6. Extra Width Paving Miscellaneous Locations 11 N.A. P.C.C. 3 Unknown 0 7. Iowa/Gilbert Signalizatio 10 N.A. N.A. 11 N.A. 15,000.00 0% 8. Dubuque/Chur h Signalization 10 N.A. N.A. 11 N.A. 15,000.00 0% 3� Ke RESOLUTION NO. 81-24� RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Montgomery Wards at Wardway Plaza in Iowa City, Iowa, has surrendered cigarette permit No. 82-60 , expiring June 30th , 19 82 , 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. 82-60 , issued to Montgomery Wards 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 $ 75.00 , payable -to Hawkeye Amusement as a refund on cigarette permit No. 82-60 It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Passed and approved th;a Attest: 22nd Aar of September i o 81 W AYES: ABSENT: Balmer X Lynch X Erdahl X Neuhauser X Perret x Roberts x Vevera x Passed and approved th;a Attest: 22nd Aar of September i o 81 W RESOLUTION NO. 81-243 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR LSNRD N2 AMERICAN COLLEGE TESTING PROGRAM, INC. WHEREAS, the owner, American College Testing Program, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-resi- dential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: The East 473.22 feet of the Northeast quarter of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, lying Southerly of the Southerly right-of-way line of Dubuque Road (formerly Old Solon Road). More particularly described as follows: Beginning at the East quarter corner of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa (for purposes of this description the East line of the Northeast quarter of said Section 2 is assumed to bear North); thence South 890 58' 00'- West 473.22 fee[ along the South line of the Northeast quarter of said Section 2 to a point; thence North 648.00 feet to a point of intersection with the Southerly right-of- way line of Dubuque Road (formerly Old Solon Road); thence South 890 50' 00'' East 49.48 feet along said Southerly right-of-way line 6f Dubuque Road to the point of curvature at said road Station 34+15.4; thence continuing along said Southerly right-of-way line of Dubuque Road 512.40 feet along a 480.8 foot radius curve concave Northwesterly to a point of intersection with the East line -of the Northeast quarter of said Section 2; thence South 890.51 feet along said East line of the Northeast quarter of said Section 2 to the point of beginning; Also, Beginning at the Northeast corner of the Southeast quarter of Section 2; thence Southerly along the East line of said.Section 2 100.00 feet to a point; thence Northwesterly to a point on the North line of the said Southeast quarter of Section 2 which lies 100.00 feet westerly of the point of beginning; thence Easterly along said North line of the Southeast quarter of Section 2 100.00 feet to the point of beginning; Also, The North 1/2 of the Southwest quarter of Section I, Township 79 North, Range 6 West of the Fifth Principal Meridian, luria City, Johnson County, Iowa, and contairUng.88 acres more or less. 9// WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with 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: 1. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3• That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 22nd day of September , 19 81 It was moved by Vevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X _ ERDAHL X LYNCH X NEUHAUSER x PERRET x ROBERTS X V EV E RA ATTEST: /✓�Le a ��uL� CITY"CLERK Received & Approved By The Legal Department 9/� /b:a " RESOLUTION NO. 81-244 RESOLUTION APPROVING LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR OAKNOLL RETIREMENT RESIDENCE NEW ADDITION WHEREAS, the owners and proprietors have filed with the City Clerk a preliminary and final large scale residential plan for Oaknoll Retirement Residence New Addition --1981 located on the following described real estate in Iowa City, Johnson County, to -wit: Commencing at a point on the North line of West Benton Street 370.1 feet North and 1164.6 feet East of the Southwest Corner of the NW 1/4 of Section 16, Township 79 North, Range 6 West of the 5th P.M.; thence North 124 feet; thence East 87 feet; thence South 124 feet to the North line of said West Benton Street; thence West 87 feet along the North line of West Benton Street to the point of beginning. and Lot 16, Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof. and Beg. N line of Benton St. 370.1' N and 1322.1' E of SW Cor of NW 1/4 Sec. 16-79-6 W of the 5th P.M. thence W along north line of Benton St. 70.5' to pt 25' E of the SE Cor Lot 19 Strebs 1st Add thence N 0°8' W 124' thence due W 87' to NW Corn Lot 19 thence N 0° 8' West 26' SE Cor Lot 17 thence W along S line of Lot 17 to E line of W Benton Court thence N along E line of W Benton Court 161.5' thence S 89° 52' E 313.9 thence S 0° 08' E to beg. exc. part conveyed to City in Book 272 P 269 and Lots 3 & 4 Part IV Terrace Hill Add. and Lots 1 & 2 Grand View Manor 2nd Add. WHEREAS, said plan was examined by the Planning and Zoning Commission which Commission recommended that said plan be accepted and approved subject to certain conditions, and WHEREAS, said plan is found to conform to all of the ordinances of the City of Iowa City, and has met the following conditions: That a sidewalk agreement be provided pertaining to sidewalks on Oakcrest and Oaknoll. That compliance with the Tree Ordinance be demonstrated. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said Large Scale Residential Development Plan for the above-described real estate be accepted and approved and that the installation of a sidewalk on W. Benton Court be waived. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of the Resolution to the County Recorder of Johnson County, Iowa. It was moved by Vevera and seconded by Neuhauser that the resolution as be adopted, and upon roll call there were: j/3 AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret . Roberts Vevera Passed and approved this 22 day of September 1981. AYOR ATTEST: / /'� � � / CiYCLERK I, Abbie Stolfus, do hereby certify that the above Resolution is a true and exact copy of a Resolution of the Iowa City City Council, Iowa City, Johnson County, Iowa, made at a regular Council meeting held on the aa day of„ e . p r, 1981. CfTY CLER Re:eived & App.,.rt.. Py The Usa; Betj)artr on! 9is� RESOLUTION NO. 81-245 RESOLUTION ESTABLISHING A POLICY FOR EMERGENCY FUNDING OF HUMAN SERVICES IN IOWA CITY, IOWA. WHEREAS, the City of Iowa City assists in the provision of a number of human services in the Iowa City area by allocating funds to agencies providing those services, and WHEREAS, the service demand and financial needs of operating human service programs cannot always be predicted accurately, and agencies providing services sometimes experience situations of critical emergency need for resources to continue providing those services, and WHEREAS, the City Council of Iowa City deems it in the public interest to establish a means of assisting agencies in times of such emergency financial need and deems the attached policy guidelines and procedure to be the most efficient and effective means to achieve this end, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the attached policy guidelines and procedure be adopted, and a contingency fund be created as stipulated therein, by the City of Iowa City for use in assessing applications for emergency funding of local human services. It was moved by Neuhauser and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Balmer _X Erdahl Lynch _X Neuhauser Perret y Roberts Vevera Passed and approved this 22 day of September 1981. AYOR ATTEST: 6z CITY CLERK Received & Approved By The Legal Deparh;isn,t g17-1�I 9/S September 1, 1981 CITY OF IOWA CITY MIDYEAR REQUESTS FROM HUMAN SERVICE AGENCIES FOR EMERGENCY FUNDS POLICY GUIDELINES, PROCEDURE, AND CONTINGENCY FUND I. POLICY GUIDELINES The following guidelines shall be used by the Human Services Planner in making a preliminary screening of emergency funding applications by human service agencies. (See II. below.) In order for funding of an agency's application to be considered at all in any given instance, all of these criteria must be met. 1. The agency is receiving Aid to Agencies funding from Iowa City for the current fiscal year. 2. The increased financial need could not have reasonably been anticipated by the agency at the time of the current year's budget consideration. 3. The increased expense is not incurred through the addition of new programs or services, capital expenditures, or other changes in normal program operations as funded for the budget year. 4. Where possible, other of the agency's funding sources are also asked to provide a reasonable share of the increased financial burden. 5. The increased financial need is of an immediate nature and cannot be delayed until the following fiscal year. II. PROCEDURE FOR CONSIDERING MIDYEAR REQUESTS The following procedure shall be used in considering each emergency funding application. 1. Agency applies to City for interim emergency operating funds. 2. Application is forwarded to Human Services Planner for review and assessment. 3. Human Services Planner screens application, using policy guidelines stated in I. a. If all guidelines are not met, request is denied, with agency receiving written notice and explanation. b. If all guidelines are met, Human Services Planner analyzes application further. 9/40 For those applications meeting established guidelines, further analysis is performed by the Human Services Planner. This analysis will include, at a minimum, consideration of the following: a. History of relevant factors including community need, agency operations, program statistics, City/Agency inter- action. b. Current impact of related services or changes in related services on the service in question. C. Impact on the agency and community of receiving no additional funds or less than the requested amount. d. Examination of feasibility of alternatives to additional funding, such as staffing or other program changes. e. Assessment of relevant future needs, insofar as possible (e.g., continued increased demand, prospective changes in current funding sources, legislation relevant to the area in question). 5. The Human Services Planner recommends approval of some amount of funding or denial of funding based on the aforementioned analysis. Upon receipt of the Human Services Planner's recommendation, the Council considers the matter and instructs the Human Services Planner as to its wishes regarding funding. The Human Services Planner prepares a resolution for Council consideration and vote. III. CONTINGENCY FUND A contingency fund shall be created as an integral part of each year's Aid to Agencies funding allocation process. This contingency fund shall be used solely for the purpose of providing for unantici- pated needs of agencies after screening and analysis by the Human Services Planner and upon affirmation of funding by the Council. This contingency fund shall be a separate budget item under Aid to Agencies. Said contingency fund shall constitute an amount equal to 2.0 percent of the total amount allocated to agencies under Aid to Agencies for the given fiscal year and shall be in addition to the total amount allocated to the agencies. Any unused portion of the contingency fund shall be carried over to the succeeding fiscal year and shall constitute a portion of the 2.0 percent allocated for emergency use during that succeeding year. 9f7 RESOLUTION NO. 81-246 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDED FY82 CONTRACT AGREEMENT WITH THE IOWA CITY CRISIS INTERVENTION CENTER FOR THE PROVISION OF EMERGENCY ASSISTANCE IN THE IOWA CITY AREA. WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist transient persons in Iowa City who are in critical need of emergency assistance, and WHEREAS, the Iowa City Crisis Intervention Center is an agency which provides aid to transient families and individuals in Iowa City, and WHEREAS, the need for aid to transients provided by said Iowa City Crisis Intervention Center has recently shown a marked and unforeseen increase over previous years, and WHEREAS, the Crisis Center's request for $590 in additional resources to assist in meeting this increased demand is consistent with the Council's policy guidelines for emergency funding of human services, WHEREAS, the attached amendment to the FY82 contract agreement has been negotiated by the City of Iowa City and the Iowa City Crisis Intervention Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amended contract agreement with the Iowa City Crisis Intervention Center for FY82. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser Perret Roberts Vevera Passed and approved this 22 day of September 1981. A R ATTEST: CITY CLERK Received & Approved By The Legal Department )0 114f AMENDMENT TO FY82 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY CRISIS INTERVENTION CENTER FOR THE PROVISION OF EMERGENCY ASSISTANCE IN THE IOWA CITY AREA. Provisions II. and III. of the FY82 contract agreement between the City of Iowa City and the Iowa City Crisis Intervention Center are hereby amended to read as follows: II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center -the sum of $9,090 in FY82 with the agreement that $3,090 shall be allocated toward operating expenses of the Transient Service and $6,000 shall be allocated toward operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Crisis Center in quarterly payments of $2,125 each, the first quarterly payment made at the time of signing —of the original agreement. An additional payment of $590 shall be made to the Crisis Center at the time of signing of this amendment. FOR THE CITY OF IOWA CITY, IOWA: HN M OR R. BALMER, ATTEST: BBIE STOLFU , CITY LERK Received 3 Approved By The Legal Department 16 FOR THE IOWA CITY CRISIS CENTER: &/� 1 C'6� NAME . v TI LE ATTEST: �u Hu 1 NAME Vc.cc.� f%wwc�e�ac.. el-elul�C,(,n ITLE Vl/ 9 ce", �-_L RESOLUTION NO. 81-247 RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1981 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective, and WHEREAS, the Iowa City Library Board of Trustees and the Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A", and by this reference made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreement between the Iowa City Library Board of Trustees and the Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Lynch AE—stain Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved th'�_ day of September 1981. ATTEST: Received & Approved By The Legal Department -v 0 JOINT EMENT BETWEEN IOWA CITY LIBRA ;OARD OF TRUSTEES AND CITY COUNCI F IOWA CITY TO COORDINATE OTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. An agreement made and entered this 27YA day of _y q list—, 1981, by and between the City Council of Iowa City, Iowa, and the,43oard of Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1981 Code of Iowa and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both bodies given Iowa City Council's financial responsibilities and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective employee organization. 2. The Library Board will designate the City Manager of Iowa City or his designee as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of .Iowa City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract the Library Director will be represented on any grievance committee formed as a condition of that contract. 6. This agreement sh811 cover the period from date of adoption through the period of any current contract covering library employees. Z', ", ,,, 6V- as ig�l Date ' R,00n?v 3 & A.TM, ra:ad (� a© Wal 0bepaf Hent 1-4-- g , RESOLUTION NO. 81-248 A RESOLUTION AUTHORIZING THE EXECUTION OF AN 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 agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, 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: 1. The Mayor be authorized to execute and the City Clerk to attest this agreement. 2. The City Clerk shall file the agreement with the Secretary of State and the Johnson County Recorder. It was moved by Perret and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 22 day of September, 1981. YOR ATTEST: CITY CLERK racasvzxd & Approved M! Legal Depann, ent — - 1' f/ 7 6 9AX IMPLEMENTATION AGREEMENT This agreement is entered into by and between the Johnson County Council of Governments, hereinafter referred to as JCCOG, Johnson County, herein- after 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 agreement providing for the delivery of planning services by JCCOG; and WHEREAS, Chapter 28E of the Code of Iowa, 1979, 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: I. 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, pursuant to the provisions herein. B. The City shall provide the part time services of the following City staff members: Planning and Program Development Director, who shall serve as Director of the JCCOG staff, Secretary, and Minute Taker. 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. C. In addition, the City shall provide to JCCOG the full-time services of a Transportation Planner and an Assistant Transportation Planner and the half-time services of a Technical Assistant, Community Assistance Coordinator, and a Human Services Planner. All personnel, administrative and %Z.3 -2 - support costs incurred for these positions will be paid from the JCCOG accounts, as provided below. D. The County shall provide the services of a Senior Planner to serve as the Division Head of the Rural Planning Division. It is agreed that the Senior Planner in addition shall continue to provide to the Board of Supervisors and the County Zoning Commission those services necessary for the application, review and processing of all subdivision platting requests and shall continue to serve as the Community Development Block Grant Program Administrator for the County. The Senior Planner shall remain a County employee and all personnel costs, including payroll taxes and benefits, shall be paid by the County. All administrative and support costs incurred by the Senior 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 directed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsi- bilities 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. II. 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 as follows: 1260.0 - JCCOG Fund; 1261.0 - Administration; 1262.0 - Transportation Planning; 1263.0 - Rural Planning; 1263.1 - Community Assistance; 1263.2 - Land Use Planning. 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: -3 - The _ties 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 employees 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 be in effect until June 30, 1984 and may be modified or repealed by the written mutual consent of the parties. Dated this 15�_ day of Oc.TV SC2 , 1981. JOHNSON COUNTY l1 BY: I u, Chairper fy n, Boar of Sup rvisors ATTEST: IL� _ Pf/-M-1 County Auditor Dated this �7gn day of �P mfr ,^ �P 1981. CITY OF IOWA CITY BY: — M yor ATTEST: c� City Clerk Dated this day of 1981. nz ATTEST: Received & Approved BY TheLegal Department r y'of S Ire's f//e- RESOLUTION NO. 81-249 RESOLUTION ACCEPTING THE MRK FOR THE SUMMIT STREET BRIDGE DECK REPLACEMENT I5EEREA,S, the Engineering Department has recommended that the im- provement covering the Summit Street Bridge Deck Replacement as included in a contract between the City of Iowa City and McComas- Lacina Construction Co., Inc.of Iowa City, Iowa dates June 5. 1981 , be accepted, A1M WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Vevera and seconded by Perrpt that the resolution as re e a opt and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 22 day of September , 19 81. 1 iayor ` ATTEST: City Clerk Received & Approved BTh Legal Department y=am-ffl 470z (W CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5030 ENGINEER'S REPORT SEPTEMBER 21, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Summit Street Bridge Deck Replacement as constructed by McComas-Lacina Construction Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P.E. Director of Public Works bdw2/8 907 7 RESOLUTION 10-1-81-2 RESOLUTION AUTHORIZING THE EXECUTION OF AN 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 interest of the member agencies of the Johnson County Council of Governments to enter into an agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, pro- vides 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 Board of Super- visors of Johnson County, Iowa, that: 1. The Chairman be authorized to execute and the County Auditor to attest this agreement. On motion by Sehr and seconded by Donnelly passed and approved this 1st day of October, 1981. Cilek: aye, Langenberg aye, Donnelly: aye, Sehr: aye, Ockenfels: aye,•MCU. SIL LL., Attest: Tom Slockett, Johnson County Auditor By: Arthur K. Stanley, Deputy Auditor W 4'5.F.Ir RESOwmm No. 81-250 RESOLUTION AVPHORIZING E?D C[TPION OF TWO AGREEMENTS WHEREAS, the City of Iowa City, Iowa, has negotiated two agreements with Cedar Ra ids & Iowa Cit Railwa Co. , a copy of said a�reemen�ts being attac to s Rego u on s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreements concerning the Lafayette Street Railroad Bridge involving the following: the construction and maintenance of the proposed railroad bridge over Ralston Creek on Lafayette Street, and the construction and maintenance of the temporary run-around associated with the proposed railroad bridqe. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreements with Cedar Rapids & Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and uporoll call there were: NAYS: ABSENT: X BALMER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 22 day of September 1981, ATTEST, City Clerk Received Approved By T_he.'Legal Department A G R E E M E N T Between The City of Iowa City, Iowa and The Cedar Rapids and Iowa City Railroad Company Covering Removing of existing bridge and construction of new bridge located at mile post 0.12 on branch line from Iowa City to Hills. Ralston Creek Improvements Johnson County, Railroad Bridge Replacement Iowa %29 This Agreement, made and entered into by and between the City of Iowa City, Iowa, hereinafter called the City, and the Cedar Rapids and Iowa City Railway Company; hereafter called the Railroad. Witnesseth: that WHEREAS, the City is planning extensive channel improvements, including excavation and embankment protection, of Ralston Creek in Iowa City. WHEREAS, the above-mentioned work includes removal of an existing railroad trestle and construction of a new open truss bridge over Ralston Creek at no cost to the Ra'lroad. The location of said bridge is at mile t post 0.12 on the branch lir 'rom Iowa City to Hills. NOW, THEREFORE, in cc ideration of these premises and the mutually dependant covenants herein contained, the parties hereto agree as follows: SECTION I. The City, at its own expense, will award a contract for the construction of the proposed bridge at mile post 0.12 (Hills branch), as shown on the plans, attached as Exhibit "A" and will supervise and furnish engineering and inspection for all work performed thereunder. More specifically, such work shall cover and include the following items: Removal of trackage within project limits and removal of existing railroad trestle. Construction of new bridge as per plans and replacement of trackage necessary to restore Hills branch line to an operating status. Also provide materials, including fill and culvert pipe to build roadbed for temporary runaround at project site to allow normal rail traffic to continue. Runaround trackage is to be built by others. SECTION II. Watchman or flagman service necessary to protect the Railroad's traffic or other property in connection with work performed hereunder shall be furnished by the Railroad at expense of City's contractor. The actual cost of such service and the expense of installation of any temporary bridging structures and trackage, other than established facilities, required by and for the use of the Railroad or of the City's contractor, shall be borne by the City's contractor. SECTION III. The City will require its contractor to use all possible care to avoid accident or damage to the Railroad's trains or other property, and to avoid delay to the Railroad's normal operations, as determined by the Railroad's Engineer .or their authorized 9-36 93/ z representative(s). The City will require its contractor, upon completion of the work, to remove from the Railroad's right-of-way all machinery, equipment, temporary buildings, falsework or rubbish left by virtue of said contractor's operations, and to leave the premises in a neat condition, satisfactory to the Railroad's Engineer or their authorized representative(s). All work herein provided to be done by the City's contractor on the Railroad's right-of-way shall be done under the supervision, inspection and direction of the City's personnel to the satisfaction of the Railroad's Engineer or their authorized representative(s). _ SECTION IV. Protection for the benefit of the Railroad shall be provided as follows: The City will require its contractor to provide, for and in behalf of the Railroad, Railroad Protective Insurance for damages because of bodily injury to or death of persons and injury to or destruction of property resulting from the operations of the contractor, subcontractors, or their employees or agents on the project, such insurance (written in the limits as shown below) to be approved by and acceptable to the Railroad, with a copy of each policy so required to be furnished the Railroad. The form of insurance to be furnished shall be executed by an insurance company qualified to write the same in the State of Iowa. Bodily Injuries & Death Coverage Property Damage Coverage $500,000 each person $500,000 each occurrence $1,000,000 each occurrence $1,000,000 aggregate SECTION V. Upon completion of the project the Railroad shall maintain all railroad facilities, including, but not limited to, the bridge. SECTION VI. This Agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their authorized officers as of the dates below indicated. 93/ 3 Executed by the Vice President this y --t day of ,�1,�.. � , 19 Y/ WITNESS STATE OF1'Z�r� COUNTY OF i✓J Odie R. Woods, Vice President and General Superintendent of the Cedar Rapids & Iowa City Railw y Company On thi s_ y f G 'n�✓cJ A. D. , 19 ?/ , personally appeame personally known, who being by me duly sworn did say that he is Trustee and that said instrument was signed and executed by him as his voluntary act and deed. Notary Pu is in and for sa County Executed by the City this For the City of Iowa City _ day of �Pnfe_r „ 6g ATTEST: STATE OF IOWA COUNTY OF JOHNSON On this ;2-;? nc1 day of , A.D. , 19,?/, personally appearedto me personally known, who being sworn did say th are C m& , of the City of Iowa City, and they are duly a tho tzed to execute this agreement as the said City's voluntary act and deed. Notary Public in and for Johnson County, State of Iowa Received & Approved B lite Legal Department y�� A G R E E M E N T Between The City of Iowa City, Iowa and The Cedar Rapids and Iowa City Railway Company Covering Construction and maintenance of trackage on a temporary roadbed to run around the bridge construction site located at mile post 0.12 on the branch line from Iowa City to Hills. Ralston Creek Improvements Johnson County, Railroad Bridge Replacement Iowa .92 g.3.9 This Agreement, made and entered into by and between the City of Iowa City, Iowa, hereinafter called the City; and the Cedar Rapids and Iowa City Railway Company; hereafter called the Railroad. Witnesseth: that WHEREAS, the City is planning extensive channel improvements, including excavation and embankment protection, of Ralston Creek in Iowa City. WHEREAS, the above-mentioned work includes removal of an existing railroad trestle and construction of a new open truss bridge over Ralston Creek at no cost to the Railroad. The location of said bridge is at mile post 0.12 on the branch line from Iowa City to Hills. NOW, THEREFORE, in consideration of these premises and the mutually dependant covenants herein contained, the parties hereto agree as follows: SECTION I. The City, at its own expense, will award a contract for the construction of the proposed bridge at mile post 0.12 (Hills branch), as shown on the plans, attached as Exhibit "A" and will supervise and furnish engineering and inspection for all work performed thereunder. More specifically, such work shall cover and include the following items: Removal of trackage within project limits and removal of existing railroad trestle. Construction of new bridge as per plans and replacement -of trackage necessary to restore Hills branch line to an operating status. Also provide materials, including fill and culvert pipe to build roadbed for temporary runaround at project site to allow normal rail traffic to continue. SECTION II. The Railroad shall, using his own forces, place track and related facilities over the temporary roadbed suitable for normal rail operations. Upon completion of the bridge construction, estimated to be ten (10) weeks, the Railroad shall; using his own forces, remove said track and related facilities over the temporary roadbed after the branch line has been restored to operational status. All salvaged materials from this removal will become the property of the Railroad. An itemized statement of the estimated cost of the work to be performed by the Railroad hereunder is shown in Exhibit "B", attached hereto and made a part hereof. The Railroad will be reimbursed for the 4 2 work for labor and materials to an amount not to exceed the afore- mentioned estimated cost. The Railroad shall notify the City Engineer prior to commencing the work covered in this section and shall allow the City Engineer, or his authorized representative, an opportunity to document labor and materials required for completion of the work to be performed hereunder. Upon completion of the work by the Railroad, and determination of Railroad costs which are considered eligible for reimbursement, the Railroad will file a detailed statement in no less than three (3) counter- parts with the City for reimbursement of the actual and necessary expense r � of such work as represented by the items shown in said Exhibit "B." SECTION III. Watchman or flagman service necessary to protect the Railroad's traffic or other property in connection with work performed hereunder shall be furnished by the Railroad and paid by City Contractor if contractor's work requires the flagmen. The actual cost of instal- lation of any temporary bridging structures and trackage, required by and for the use of the Railroad shall be borne by the City. SECTION IV. The City will require its contractor to use all possible care to avoid accident or damage to the Railroad's trains or other property, and to avoid delay to the Railroad's normal operations, as determined by the Railroad's Engineer or his authorized representative. The City will require its contractor, upon completion of the work, to remove from the Railroad's right-of-way all machinery, equipment, temporary buildings, falsework or rubbish left by virtue of said contractor's operations, and to leave the premises in a neat condition, satisfactory to the Railroad's Engineer or his authorized representative. Railroad's work herein provided to be done by the City's contractor on the Railroad's right-of-way shall be done under the supervision, inspection and direction of the City's personnel to the satisfaction of the Railroad's Engineer or his authorized representative. SECTION V. Protection for the benefit of the Railroad shall be provided as follows: The City will require its contractor to provide, for and in behalf of the Railroad, Railroad Protective Insurance for damages because of bodily injury to or death of persons and injury to or destruction of property resulting from the operations of the contractor, subcontractors, or their 93S 3 employees or agents on the project, such insurance (written in the limits as shown below) to be approved by and acceptable to the Railroad, with a copy of each policy so required -to be furnished the Railroad. The form of insurance to be furnished shall be executed by an insurance company qualified to write the same in the State of Iowa. Bodily Injuries & Death Coverage Property Damage Coverage $500,000 each person $1,000,000 each occurrence $500,000 each occurrence $1,000,000 aggregate IN WITNESS WHEREOF, the parties hereto have caused these presents to e be executed by their authorized officers as of the dates below indicated. Executed by the Vice President this Odie R. Woods, Vice President an �ti day of 19f/. General Superintendent of the Cedar Rapids & Iowa City Railway Company WITNESS STATE OF COUNTY OF On this -1/&j da of c(CcJ A.D. , 19 &l , personally appearedto me personally known, who being by me duly sworn did say that he is Vice President and that said instrument was signed and executed by him as his voluntary act and deed. 'e Notary Publ'c in and for said C66nty Executed by the City this ol,2 day of J4� 1 19?. ATTEST: c1lu'411 City Clerk STATE OF IOWA For the City of Iowa City yor, City of Io a City Received & App roved By the gal Departmetta d 4 COUNTY OF JOHNSON On this -Z,1n,6e day of personally appeared known, who being sworn did say they are of the City of Iowa City, and they are agreement as the said City's voluntary d A.D. , 19Y, me personally My authbriz act and deed. s 9J7 Noffary Public in and for Johnson County, State of Iowa 9J7 i CFDAR RAPIDS AND IOWA I RAILWAY COMPANY DETAILED LIST OF PROPERTY TO BE INVESTED sNeLT tao. TITLE oI PvvIEGR "[eAgEv R• Construct Run-around. during Ralston Creek Bridge QUANTITY INSTALLED O[EC RI BION OF ITEM• ESTIMATED COST QUANTITY I UNIT COST I AMOUNT' MATERIAL: Rail - 10025# 400' 6.501ft 2600 00 Bars - 10025# 20 pr 30.001jr 600 00 Bolts/washers/Nuts - 1" x 5" 80 1.50 120 00 Anchors - 10025# 80 1.25 100 00 Plates - 10025# 240 1.50 360 00 Spikes 2 kegs ZOO/eacl 200 00 Ties 170 16.00 2720 00 Ballast 50 ton 4.00/t n 200 00 I 00 Total Materia 6900 208 Overhead 1380 e 00 00 TOTAL - 8280 LABOR: Lining Over (6 men for 10 hrs) 60 hrs 10/hr 600 00 New Construction (6 men for 16 hrs) 96 hrs 10/hr 960 00 Removal (6 men for 10 hrs) 60 10/hr 600 00 TOTAL LABOR 2160 00 508 Overhead 1080 00 TOTAL 3240 00 MACHINERY: Large Truck 40 hrs. $30/hr 1200 00 Dump Truck 20 hrs. $30/hr 600 00 Roadmaster 40 hrs. $15/hr 600 00 Caterpillar 20 hrs. $50/hr 1000.00 Tamper 12 hrs. $40/hr 480 00 Spike Puller 4 hrs. $20/hr 80 00 00 3960 GRAND TOTAL - 15,480 00 Ralston Creek Improvements Railroad Bridge Replacement Johnson County, Iowa 0 Date: City of Iowa C", y To: Neal Berlin and City Council From: Chuck Schmadeke ClfI Re: Storm Water Detention - Ty'n Cae Addition, Parts 1 & 2 Storm water detention for Ty'n Cae Addition, Parts 1 & 2, was designed and constructed in 1977 and was one of the first facilities built after adoption of the Storm Water Management Ordinance. Also, to date, it is the only private facility serving a residential subdivision built along a major creek channel. The facility was constructed according to requirements of the Storm Water Management Ordinance and consists of a dam to restrict the flow of the main channel, an outlet pipe sized to release 0.15 cfs/acre from the total upstream watershed during a 100 year storm (100 cfs), a storage basin sufficient in size to contain the excess runoff from Ty'n Cae Addition, Parts 1 & 2, and an overflow spillway to transport peak runoff from the total watershed. a Section 2.2 of the Design Standards for Public Works Improvements (Section VII - revised) sets forth design parameters for the situation in which main channel flow passes through a subdivision. Section 2.2, in part, is stated as follows: "Where storm water storage facilities have the potential to contain the runoff from the total tributary watershed they must be constructed to contain the main channel flow and restrict the flow of all of the storm water runoff as opposed to only the runoff from that portion of the watershed containing the project under consideration. Storage volumes should be calculated to contain only the runoff from the project site, however, the release rate must be calculated at 0.15 cfs/acre from the total tributary catchment. Overflow spillway requirements must be designed to transport peak storm runoff, as stated in Section 2.1, from the entire tributary watershed under the existing conditions. Future upstream storage will not be allowed for purpose of design reductions." The purpose of Section 2.2 of the Design Standards is to have storm water storage facilities located on the main channel whenever possible. The benefits of this situation are as follows: 1. Larger pipes can be used in the discharge structure thereby reducing clogging. 2. If the topography of the area near the channel is relatively flat, a greenbelt will be provided along a channel by the storage basin. (See drawing A-.) There are, however, some 'disadvantages associated with Section 2.2 if the upstream drainage area is undeveloped. They are: Unacceptable amounts of sedimentation accumulate in the storage basin from erosion of agricultural land upstream. 737 Since natural runoff even during a two year storm exceeds the 0.15 cfs/acre, the storage basin will reach capacity frequently. The property owners in Ty'n Cae Addition, Parts 1 & 2, claim that the storage facility has reached maximum level four or five time this summer. The Public Works Department recommends modifying the Design Standards for Public Works Improvements (Section VII - Revised) to allow off channel storage if it is anticipated that sedimentation will be a problem, and to allow consideration for future upstream storage when designing spillways. The intent of considering future upstream storage is to allow the construction of a spillway that will restrict flows in such a manner as to simulate the future fully developed condition in the storage basin. In other words, this aspect will not fully utilize the storage basin except during the 100 year storm. (See drawings B and C.) As additional areas develop and additional storage is provided upstream, the exit channel can be gradually filled in to insure that the required storage is maintained. When the total upstream tributary watershed is fully developed, the exit channel will be completely filled in. The following modifications to the Design Standards for Public Works Improvements (Section VII - Revised) are recommended: Change the first paragraph of Section 2.2 to read: "Where stormwater storage facilities have the potential to contain the runoff from the total tributary watershed they must be constructed to contain the main channel flow and restrict the flow of all of the stormwater runoff as opposed to only the runoff from that portion of the watershed containing the project under consideration, unless it can be demonstrated that sedimentation will be excessive. Storage volumes should be calculated to contain only the runoff from the project site; however, the release rate must be calculated at 0.15 cfs per acre from the total tributary catchment. Overflow spillway requirements must be designed to transport peak storm runoff, as stated in Section 2.1, from the entire tributary watershed under the existing conditions." Add the following Section 3.8: When stormwater facilities are constructed to contain main channel flow, the exit channel shall consist of a special weir to allow for future modification to reduce flow and to prevent erosion. The exit channel and weir must be deisgned to provide storage volumes that would exist if the facility were built off of the main channel. For design purposes, the exit channel and weir shall be considered part of the spillway. On the matter of the Ty'n Cae subdivision, the developer has agreed to reconstruct the spillway to comply with the proposed changes in the ordinance. The additional work will involve regrading the storage basin fl" to provide positive drainage to the creek channel and construction of an exit channel at the spillway. It is important that owners of stormwater detention facilities provide routine maintenance so that the facilities function properly. The storage basin and spillway should be mowed frequently to reduce sedimentation and insure adequate drainage. Debris should be removed from the spillway and outlet pipe to guarantee proper flow conditions. bj4/2r3 9141/ 9 DRAWING A STORM WATER STORAGE BASIN BERM DRAWING B SPILLWAY G WATER LEVEL WHENEVER RUNOFF EXCEEDS OUTLET PIPE CAPACITY OUTLET PIPE W n STORAGE 1 BASIN PRESENT ORDINANCE REQUIREMENTS ire I RESOLUTION NO. 81-251 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT WHEREAS, North Iowa Contractors, Inc. has submitted the best bid 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 North Towa Cnatractors Inc of Manchester Iowa , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by NPIIhanSPr and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 22 day of tember , 1981 MAYOR ATTEST: ��� % QE4'Livad & Approved CITY CLERKB rno.Lc.�cl�Gepa»;nent /./7 -el CONTRACT THIS AGREEMENT, made and entered into this ' day of C - - , 19-9-1—, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and party of the second part, hereinafter referred to as tiie "Contractor" WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the Sy" day of uS� 19 1, for The Lafavette Street Railroad Bridj,e Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the termt and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. 'That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers fsdh��� b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 '77-7— e. Spei Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one %hall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies:' IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. z Contractor kll ,) T-^ (Seal_) (Tit1 e)-_I/!`G�ii _«cc�•e. it--- - (Title) Mayor ATTLST: (Title) City Clerk% 0 _ ATTLST: Title (C _ _ cmpany Official} CF -2 901$1 'ERFORMANCE AND PAYMENT BON[ KNOW ALL MEN BY THESE PRESENTS THAT North Iowa Contractors, Inc., Manchester, Iowa (Here insert the name a a esa or Zeal title of the Contractor) a Principal, hereinafter called the Contractor and United Fire & Casualty Company Cedar Rapids Iowa as Surety, hereinafter (Here insert the ZegaZ title of the Surety) C called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of One Hundred Seventy One Thousand, Six Hundred SixEigh�xt and No/100 o)y ars X5171,668.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated P'o 19 81, entered into a Contract with Owner for... the La Fayette StreetRailroad Bridge Project, Iowa City, Iowa — Project No. B-81MC-19-0009 In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if z Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PP -1 944e •• .... Y•�... ^� ""^"��� "I uoute WILT) 11.5 Terms ano condi ti or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this _paragraph, shall mean the total amount payable .by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of four (4) years from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 9#O iT IS A FURTHER C^" I TION OF THIS OBLIGATION thi he principal and Sur--ty shall, in accordance with provisions of Chapter 573 of the Code of Ier;a, ;.ay to all persons, firms or corporations having contracts directly with V!, n- principal or with subcontractors all just claims due them for la r, performed or materials furnished in the performance of the contract on �.c;unt of which this bond is given. The provisions of Chapter 573, Code of "a, are a part of this bond to the same extent as if they were expressly sC i. 'rt I,Erein. G.;ED AIJD SEALED THIS DAY OF ��% t�'l� , A.D., 198E IN THE PRESENCE OF: 1W, ss Witness L v NORTH IOWA CONTRACTORS, INC. r91cepa BY �u"�.. ✓ 2 , -tel it e UNITED FIRE & CASUALTY COMPANY urety By Title Attorney -in -Fact and Iowa Resident Agent tffol rr"iITED FIRE & CASUALTY COPIPA"" HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, Thatthe UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo,- Iowa its true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal amid execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent"as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 30, 1982 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2, Appointment of Attorney -in -Fact. "The President or any Vice i•n-sid ent, or any other officer of the Cum,,ny, may, from time to time, appoint by written certificates attorneys -In -fact to act in behalf of the Company In the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer amho. rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of altornev or cer. tification of either authorized hereby; such signature and seal, when so used, tieing adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually alit xed. Such attorneys -in -fact, subject to the Ii inItations set forth in then respective certi if ca us of authority -shall have frill power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Com. pany may at any time revoke all power and authority previously given to any attorney -in -tact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY ties caused these presents to be signed. by its vice president and its corporate seal to be hereto affixed this 3 0 th Please insert the date at the bottom ,A.D.1980 of the Power of Attorney, the some UNITED FIRE �& CASUALTY COMPANY date used on the Contract and Bond. e �" By !/%I---kld-Q� State of Iowa, County of Linn, ss: ice President On this 30th day o£ January 1980 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn. did depose and say: that he resides in Cedar Rapids, State of Iowa; that lie is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru. ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ROGER G. HECKROTH x MY COMMISSION EXPIRES .r� September 30, 1980 Notary Public My commission expires September 30, 19 8 0 CERTIFICATION 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY , do hereby certify that I have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the ANY of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. .............. `ensu""In testimony whereof I have hereunto subscribed m name and affixed the corporate seal of the said Y P COPPORATL Company this day of ,uYL�� 19 r/• I SEAL UND2O��SB Decretary 4� z FORM OF PROPOSAL THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL B� FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Address of Bidder P.(1 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The,undersigned bidder submits herewith bid security in the amount, -of S� _ in accordance with 'the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda , , and and do all work at the prices hereinafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT 1. Structural Concrete C.Y. 74 S �U $ �l 2. Reinforcing Steel Lbs. 9,860 S 'Q i= S 5 x 3. Structural Steel Lbs. S3,830 S 4. 12" Diam. Treated Timber Bearing Piles L.F. 1,400 `w 5. Class 21 Excavation C.Y. 54 S � S 7 0-0 6. Class 20 Excavation C.Y. 125 $ S 19so i. Class 10 Excavation, Channel C.Y. 1,100 S Soo S. Granular Backfill C.Y. 40 SJS :- S_ CcC�b o-0 9. Remove Existing RR Structure L.S. L.S. S S� 10. Remove Existing Highway Structure L.S. L.S. S 6-cro S I GSD I , / �� ITEM DESCRIPTION 11. Class D Riprap 12. 7" x 9" x 10' Treated UNIT Timber Ties 13. 71' x 9" x 8'-6" Treated 20A. Timber Ties 14. Treated Timber Spacers 21. and Blocking 15. Resurface and Realign 23. Existing Track 16. Remove, Salvage and Relay B.F. Existing Rails 17. Ballast and Subballast . TEMPORARY RUNAROUND )8. Cofferdams 19. Install and Remove 60" UNIT CMP Culverts 20. Provide 60" CMP Culverts 20A. Handle and Transport 60" g1i-� — CMP Culverts 21. Class 10 Excavation 22. Granular Materials 23. Embankment Fill 24. Ballast and Subballast TOTAL BID (Items 1 - 24) (Excluding Item 20A) TOTAL BID (Items 1 - 24) (Excluding Item 20) P-2 'Mg ESTIMATED CIT EXTENDED UNIT QUANTITY PRICE AMOUNT S.Y. 190 g1i-� — $ 1900CIC Each 60 $: $� Each 40 SAS 0-:0- -0B.F. B.F. 830 $ cu$ 5gI0`'`-' L.F. 250 $ / J.. $�I(pr ZSR L.F. 140 S $ C.Y. 120 v Each 3 $ (rCrp $ 9 Cid `r Each 4 0 $ �0 oo 10 Each 4 $ 140` $6= Mi. 300 $ 3 50 $ USo o0 C.Y. 200 CM O C.Y. 65 $ o $ %£'Q C.Y. 18S $ �n `� $ >' —6 C.Y. 240 $ I/2 $56elo TOTAL BID (Items 1 - 24) (Excluding Item 20A) TOTAL BID (Items 1 - 24) (Excluding Item 20) P-2 'Mg The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made"in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the lata ter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS P-3 FIRM: (Business Address M A�c s Al 7e RESOLUTION NO. 81-252 RESOLUTION AMENDING THE DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA, BY MODIFYING SECTION VII - STORM SEWERS. WHEREAS, the City Council of the City of Iowa City, Iowa, by Resolution No. 75-120 adopted certain standards for public improvement projects in Iowa City, Iowa, and WHEREAS, Ordinance No. 76-2807 authorizes the Department of Public Works to develop and establish written policies, procedures, criteria and regulations concerning the inspection, determination and approval of standards for the construction and/or development of storm water management structures, and WHEREAS, pursuant to said ordinance the Department of Public Works has developed a modification to design standards for public works improvements as adopted by Resolution No. 75-120, a copy of which is attached to this resolution and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a Revision to Design Standards for Public Works Improvements as proposed by the Department of Public Works be adopted. 2. That the Revision remain titled "Section VII - Storm Sewers" 3. That copies of the Revision be kept on file with the City Clerk. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL X— LYNCH X— NEUHAUSER X— PERRET X— ROBERTS x VEVERA Passed and approved this 22 day of ATTEST 1 September , 1981. YOR ° CITY CLERK ; Roteived & Approved By The Legal Department 94lS REVISIONS TO DESIGN FOR PUBLIC WORKS IOWA CITY SECTION VII - STORM STANDAR DS IMPROVEMENTS SEWERS Fd� SEPe1 8 1981E ABBIE STOLFU- CITY CLERK 9fel Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page VII - 1.0 Design Flows 1.1 Estimated storm water flow shall be determined by the use of a hydrograph to predict the peak rate of runoff accumulation and total runoff at a point of investigation. A hydrograph need not be developed for each individual subwatershed created within a project by the construc- tion of inlets and drainage. A hydrograph must, however, be developed for each project at the major point of interest, where excess storm water is discharged from dominant land within the project to servient land outside of the project. In the event upstream catchments deliver storm water runoff into the project in significant amounts, examination of this watershed will also be required by the hydrograph method. As an aid to the development of hydrographs for drainage analysis, refer to Appendix 'A' of this document. The method detailed in this appendix will be acceptable for use on all projects in Iowa City. 1.2 The storm sewer system for each project shall be designed to transport the rainfall excess from a five (5) year storm. The excess storm water passage shall be designed to transport the peak rate of runoff from a 100 year return frequency storm assuming all storm sewers are inoperative and upstream areas are fully developed, all in accordance with the Iowa City Ordinance re- gulating storm water runoff. 1.3 Both the storm sewer drainage system and the excess storm water passage shall be designed to discharge into a storm water storage facility. The specific location and method of construction of this storage facility may vary in accordance with existing natural drainage conditions and development planning. The complete design and planning of storm water storage facilities must be included with all plans submitted for approval. 1.4 All storm sewers shall be designed with a slope that provides sufficient energy to produce a velocity of 2.0 feet per second when flowing full. Values of 'N' used in the Kutter's formula for various materials are given in Appendix 'B' of this document. SEP 18 1981 ABB1E S OLFU5 CITY CLERK &10(- 7 Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 2 VII - 2.0 Storage Requirements 2.1 All storm water storage areas must be designed to contain and safely pass storm water runoff. The combined capacity of these storage areas shall be sufficient to contain the storm water runoff from a 100 year storm from the development under design with a release rate of 0.15 cfs per acre. Adequate spillway provisions must be constructed to transport peak runoff from a 100 year storm assuming the outlet to be plugged. This spillway shall provide for the entire upstream watershed. A low flow pipe capable of carrying minimal flows shall be put under dry bottom water storage areas in those locations where flows from car washing, sump pump drainage and other like uses would be a nuisance to property owners abutting a storage area. Such pipe shall be four (4) inches in diameter unless otherwise approved by the City Engineer. 2.2 Where storm water storage facilities have the potential to contain the runoff from the total tributary watershed they must be constructed to contain the main channel flow and restrict the flow of all of the storm water runoff as opposed to only the runoff from that portion of the watershed containing the project under consideration, unless it can be demonstrated that sedimentation will be excessive. Storage volumes should be calculated to contain only the runoff from the project site; however, the release rate must be calculated at 0.15 cfs per acre from the total tributary catchment. Overflow spillway requirements must be designed to transport peak storm runoff, as stated in Section 2.1, from the entire tributary watershed under the existing conditions. If the development does not contain main channel flow, water from upstream development must be piped through the development to the storage area. Flow from upstream should be calculated at 0.15 cfs per acre if the upstream watershed will some day be developed. If it is already developed or can never be developed, actual flow should be calculated and piped for a 5 year storm. All flows for a 100 year storm from upstream, shall be handled by an excess storm water passage. 2.3 In no case shall storage in excess of 411 inches per acre be required. 115 1/d Revisions Iowa City Section V to Design Standards for Public Works Improvements Iowa - btorm hewers Page 3 2.4 Energy dissipators shall be provided at the discharge points of all storm water storage facilities. These need not take the form of a special structure unless discharging to atmosphere into an open channel. Hydraulic structures, drop manholes and downstream storm drains may be used to control the potential energy of temporarily stored storm water. 2.5 Spillway facilities for all storage areas should be accommodated into the design of the proposed improve- ment without an unusual condition or special structure that will require other than routine maintenance. 2.6 For specific information and details on storage facilities, including alternative measures, with advantages and disadvantages for reducing and delaying storm runoff, refer to Appendix 'C' of this report. VII 3.0 Inlet, Pipe and Storm Sewer Appurtenance Design Standards 3.1 Inlets and pipes shall be located and sized so that the following conditions are met: a. For a five (5) year storm arterial streets shall have two traffic lanes free of excess water at all times. Local and collector streets shall be designed to have one twelve (12) ft. traffic lane free of water; however, there will be design leeway to allow a maximum ponding period of ten (10) minutes during the five (5) year storm. Storm water shall not cross an intersection but can follow a curb around its radius. b. All of the storm water runoff from pavement areas other than streets shall be directed toward storm sewer inlets. These inlets shall have a potential of being surcharged a maximum of 11-, feet. C. Storm drainage design shall be accomplished so that storm water runoff is not allowed to accumulate into volumes that could become destructive and so that the majority of excess rainfall is carried in conduits, as opposed to curbs, open ditches or swales. A design solution to improve efficiency of inlets is shown in Appendix 'D'. d. Ponding of storm water runoff shall not exceed a depth of one (1) foot in a pedestrian mall area. !77V Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 4 3.2 For a one hundred (100) year storm, the ponding of surface water on local, collector, and arterial streets must not exceed a depth of one (1) foot at the gutter. {'later exceeding one (1) foot shall be designed to overflow into an excess storm water passage. Note that when storing surface water on a street over a sanitary sewer manhole, a water- proof manhole frame and bolted lid will be required (Neenah R -1916-F or equal). 3.3 The drainage and grading design shall be tested and investigated to ensure that in a 100 year return frequency storm the depth of storm runoff in any street, alley or pedestrian mall will not exceed the level of any habitable floor elevation or the elevation of the first floor of any building designed for public use. 3.4 In all plans, a positive overland surface channel must be provided so that excess storm water runoff is safely transported downstream. This feature must be clearly indicated on the plans. This overland surface channel must be continuous to the storm water storage area or to the main drainage facility where the excess storm water runoff can be safely trans- ported downstream. 3.5 Curb type inlets shall be used for all arterial streets. Grate type inlets will be allowed for local and collector streets (Neenah R-3065 or R-3067, or equal), alleys (Neenah R-4670 grate or R-4781 grate with Neenah R-4899 frame, or equal), rear yards (Neenah R -4340-A or R -4340-B or equal), and pedestrian malls if storing water (Neenah R-2500 or equal). Appendix 'E' of this document shows these grate inlets and illustrates potential arrangements of inlet and storm drainage facilities for residential subdivision streets. 3.6 Storm drains shall be constructed of reinforced concrete pipe (RCP), concrete pipe (CP), extra -strength vitrified clay pipe (ESVCP), or plastic pipe (ABS or PVC -SDR 35 or less) as recommended by the manufacturer for the purpose intended. Bedding and strength of pipe material will be adequate to support all superimposed loads including H-20 live loads on all pavements. The recommended minimum cover on all storm drains shall be two (2) feet under pavements and one (1) foot under turf areas. y50 Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 5 All storm drains will be a minimum of four (4) inches in diameter for control of storm runoff from storage areas. Rear yard drainage pipes will be a minimum of six (6) inches in diameter. All others will be a minimum of ten (10) inches -in diameter. Specifications for acceptable bedding materials and methods of installation are contained in Appendix 'F' of this document. 3.7 Manholes shall be designed and installed as follows: a. at the end of each line; b. at all changes in grade, size or alignment except for sewers thirty (30) inches or greater in diameter which may be laid with changes in alignment without manholes; C. at all pipe intersections; d. at distances not greater than 400 feet for sewers fifteen (15) inches or less in diameter and 600 feet for sewers eighteen (18) inches to thirty (30) inches (Greater spacing may be permitted in larger sewers and in those carrying a settled effluent); e. with a minimum diameter of forty-eight (48) inches; f. with a minimum diameter of twenty-three (23) inches for the opening at the top of the manhole; g. so that the flow channel through storm sewer manholes conforms in shape and slope to that of the sewers; h. according to the Standard Manholes as shown in Appendix 'G'; and i. so that when a smaller sewer joins a larger sized pipe, the invert of the larger sewer is lowered sufficiently to maintain the same energy gradient. (An approximate method for securing this result is to place the 0.8 depth point of both sewers at the same elevation). 9S/ Revisions to Design Standards for Public Works Improvements Iowa City, Iowa, Section VII - Storm Sewers Page SA 3.8 When storm water facilities are constructed to contain main channel flow, an exit channel consisting of a special weir to allow for future modification to reduce flow and to prevent erosion shall be constructed. The exit channel and weir must be designed to provide storage volumes that would exist if the facility were built off of the main channel. For design purposes, the exit channel and weir shall be considered part of the spillway. Received & pp,;:ov�d By The Legal !D.paiimant ;7— jam/ 7-0 2 Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Paye 6 VII - 4.0 Protection of Water Supplies 4.1 There shall be no physical connection between a public or private potable water supply system and a sewer, or appurtenance thereto which would permit the passage of any sewage or polluted water into the potable supply. 4.2 Whenever possible, sewers should be laid at least ten (10) feet horizontally from any existing or proposed water main. Should local conditions prevent a lateral separation of ten (10) feet, a sewer may be laid closer than ten (10) feet to a water main, provided: 4.2.1 it is laid in a separate trench; 4.2.2 it is laid in the same trench with the water mains located at one side on a bench of undisturbed earth; or 4.2.3 in either case the elevation of the crown of the sewer is at least 18 inches below the invert of the water main. 4.3 Whenever sewers must cross under water mains, the sewer shall be laid at such an elevation that the top of the sewer is at least 18 inches below the bottom of the water main. 4.4 When the elevation of the sewer cannot be buried to meet the above requirements, the water main shall be relocated to provide this separation or reconstructed with slip-on or mechanical joint cast iron pipe, for a distance of ten (10) feet on each side of the sewer. One full length of water main should be centered over the sewer so that both joints will be as far from the sewer as possible. VII - 5.0 Proper Backfilling 5.1 Where the sewer crosses an existing or proposed sidewalk or street, the sewer trench shall be backfilled with a suitable material compacted to 90% of Modified Proctor Density. 5.2 When using reinforced concrete pipe (RCP), Class 'C' bedding will be used unless severe subgrade conditions are encountered in which case the Engineer shall direct Class 'B' bedding to be used. When using extra -strength vitrified clay pipe (ESVCP), concrete pipe (CP), or plastic pipe Class 'B' bedding will be used. qs,3 Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Page 7 Class 'B' and Class 'C' beddings for all types of pipe allowed are illustrated in Appendix 'F' of this document. 5.3 If granular material is used for backfilling, all concrete pipe storm sewer joints shall be sealed with asphaltic material. VII - 6.0 Open Channel Flow 6.1 All storm drainage shall be carried in paved channels (curb and gutter) leading to an enclosed storm sewer. Open channel flow, when permitted under special circum- stances specifically approved by the City Engineer, must be designed to accommodate the storm runoff from a 100 year return frequency storm. This runoff will be calculated by examination of the total tributary watershed. 6.2 All open channel flow shall be accomplished within dedicated rights-of-way or in acceptable easements approved by the Iowa City Engineer. Acceptable methods of controlling channel erosion will be followed. Allow- able flow rates for various materials are contained in Appendix 'H' of this document. Where velocities approach the maximum value, special provisions shall be made to protect against displacement, erosion or shock. 6.3 Maximum backslope shall be 4:1 in combination with good soil erosion techniques. VII - 7.0 General 7.1 When preliminary plats are submitted, an additional two copies of the plat shall be submitted to Engineering which have been hand marked showing the proposed storage areas and volumes. Preliminary calculations supporting the volume requirements for the entire subdivision or PAD shall accompany these plans. It is not intended that a final design be submitted; however, it will be necessary to show that sound consideration has been given to the accommodation of storm water management. This step should preclude major changes on the final construction drawings. 7.2 Final construction drawings shall be accompanied with all calculations supporting the storm water management design as well as proposed methods for erosion control. These drawings shall be approved prior to final plat approval. ysf Appendix 'A' 9js Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Appendix 'A' A. Instructions for hydrograph preparation using modified method according to Chow.* 1. Establish a composite runoff number 'N' for the watershed under consideration by using Table A-1. Record data on the hydrologic studies form under land use. Composite runoff numbers resulting in a fraction can be rounded off to the nearest whole number. 2. From Table A-2 interpolate and establish a runoff factor 'X' for each time distribution and frequency up to the limits of the hydrologic studies chart. Check to see that the value recorded on the form is correct for the assigned time, frequency and runoff number. 3. Establish the slope and length of the stream from available topographic data. Use Figure A-3 to establish a lag time in hours and record all data on the form in the appropriate locations. 4. Compute the ratio of time/lag time (T/Tp) and record on the hydrologic studies form. 5. From Figure A-4 determine the appropriate 'z' factor for each computed T/Tp value. Record these values in the 'z' column on the hydrologic studies form. 6. Multiply the following factors to establish a quantity of in -flow for each time and frequency. Record the answer in each appropriate space on the hydrologic studies form. Multiplication factors: Basin Area (in acres) X Climate Factor (1.19) X Frequency Factor ('x' value) X Peak Reduction Factor ('z' value) = Q 7. Determine the largest in -flow value and establish incre- ments for the Quantity that will contain all rates of in -flow. Recor t ese increments on the hydrologic studies form and using the data developed for "Q", plot the curves for the various frequency storms. *Ven Te Chow, "Hydrologic Determination of Waterway Areas for the Design of Drainage Structures in Small Drainage Basins", Engineering Experiment Station Bulletin No. 462 9s'G TABLE A-1: SOIL COVER -RUNOFF NUMBER 'N' LAND USE DESCRIPTION HYDROLOGIC SOIL GROUP A B C D Cultivated land: without conservation treatment 72 81 88 91 with conservation treatment 62 71 78 81 Pasture or range land: poor condition 68 79 86 89 : good condition 39 61 74 80 Meadow: good condition 30 58 71 78 Wood or Forest land: thin stand, poor cover, no mulch 45 66 77 83 good cover 25 55 70 77 Open Spaces, lawns, parks, golf courses, cemeteries, etc. good condition: grass cover on 75% or more of the area 39 60 74 80 fair condition: grass cover on 50% to 75% of the area 49 69 79 84 Commercial and business areas (85% impervious) 89 92 94 95 Industrial Districts (72% impervious) 81 88 91 93 Residential: Average lot size Average % Impervious 1/8 acre or less 65 77 85 90 92 1/4 acre 38 61 75 83 87 1/3 acre 30 57 72 81 86 1/2 acre 25 54 70 80 85 1 acre 20 51 68 79 84 LAND USE DESCRIPTION Paved parking lots, roofs, driveways, etc. Streets and roads: paved with curbs and storm sewers gravel dirt HYDROLOGIC SOIL GROUP A B C D 100 100 100 100 100 100 100 100 76 85 89 91 72 82 87 89 9s' TABLE A-2: RUNOFF FACTOR 'X' vs. 5, 10, 25, 50 $ 100 YEAR FREQUENC) 940 Computation of Runoff Factor X for 5 -Year Frequency Dura- Rain- Runoff Factor X for N equal to tion fall 100 95 90 85 80 75 70 65 60 in hrs, in in. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11; 0.10 0.55 5.50 3.00 1.50 0.40 0.00 0.00 0.00 0.00 ... 0.20 0.85 4.25 2.50 1.30 0.70 0.25 0.00 0.00 0.00 ... 0.30 1.07 3.67 2.20 1.20 0.77 0.37 0.07 0.00 0.00 ... 0.40 1.19 2.98 1.88 1.15 0.73 0.40 0.13 0.03 0.00 ... 0.50 1.31 2.62 1.72 1.08 0.70 0.42 0.18 0.08 0.00 ... 0.75 1.53 2.04 1.39 0.93 0.63 0.41 0.23 0.13 0.04 ... 1.00 1.68 1.68 1.18 0.82 0.57 0.38 0.23 0.14 0.07 ... 1.25 1.78 1.43 1.02 0.72 0.50 0.35 0.21 0.14 0.07 ... 1.50 1.87 1.25 0.90 0.65 0.45 0.32 0.20 0.13 0.07 ... 2.00 2.02 1.01 0.76 0.55 0.40 0.29 0.20 0.13 0.08 ... 2.50 2.11 0.84 0.64 0.46 0.35 0.26 0.17 0.11 0.08 ... 3.00 2.20 0.73 0.57 0.42 0.32 0.23 0.16 0.11 0.07 ... 4.00 2.35 0.59 0.46 0.35 0.26 0.20 0.14 0.10 0.07 ... 5.00 2.46 0.49 0.40 0.30 0.23 0.17 0.12 0.09 0.06 ... 6.00 2.56 0.42 0.34 0.26 0.20 0.16 0.11 0.08 0.06 ... 7.00 2.67 0.38 0.31 0.24 0.18 0.14 0.10 0.08 0.07 ... 8.00 2.72 0.34 0.27 0.22 0.17 0.13 0.09 0.07 0.05 ... Computation of Runoff Factor X for 10 -Year Frequency Dura- Rain- Runoff Factor X for N equal to tion fall 100 95 90 85 80 75 70 65 60 in hrs, in in, (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 0.10 0.63 6.30 3.50 1.60 0.60 0.00 0.00 0.00 0.00 0.0( 0.20 0.99 4.95 3.00 1.70 1.00 0.50 0.00 0.00 0.00 0.0( 0.30 1.22 4.07 2.57 1.53 1.00 0.57 0.17 0.07 0.00 0.0( 0.40 1.40 3.50 2.35 1.50 1.00 0.63 0.30 0.13 0.00 0.0( 0.50 1.63 3.26 2.26 1.54 1.06 0.70 0.40 0.24 0.10 0.0( 0.75 1.76 2.35 1.67 1.16 0.83 0.56 0.35 0.22 0.11 0.0( 1.00 1.92 1.92 1.40 1.00 0.75 0.52 0.33 0.21 0.13 0.0; 1.25 2.04 1.63 1.22 0.88 0.66 0.46 0.32 0.20 0.13 0.0( 1.50 2.14 1.43 1.09 0.80 0.60 0.44 0.30 0.20 0.13 0.0' 2.00 2.26 1.13 0.87 0.65 0.49 0.38 0.25 0.18 0.12 0.0; 2.50 2.37 0.95 0.75 0.56 0.42 0.32 0.22 0.16 0.10 0.0( 3.00 2.46 0.82 0.65 0.50 0.38 0.29 0.21 0.14 0.10 0.0E 4.00 2.61 0.65 0.52 0.41 0.31 0.24 0.18 0.13 0.09 0.0E 5.00 2.72 0.54 0.44 0.38 0.27 0.21 0.15 0.11 0.08 0.0E 6.00 2.82 0.47 0.38 0.30 0.23 0.19 0.14 0.10 0.08 0.02 7.00 2.90 0.41 0.34 0.27 0.21 0.17 0.12 0.09 0.07 0.0z 8.00 2.99 0.37 0.31 0.25 0.19 0.16 0.12 0.08 0.07 0.0z 940 O V Ot tnA W OOOo OO H. rt tj .gyp r•G 0 0 0 0 0 0 t n O t n N O V (n A W N N O H 000000000v,ocn0000C)o��p w H W W W W W W W NN N NN NF-'F+F-' O r•r+,7y n n 1 w w O O to A W N O O tD V D\ fn w 0 O D\ W O N F- P. 5 NW tT(DI A tD NOV D1AA to V AN Wv r•F-'.7 'C1 G G • rt w 00000rNCN 00 r rt W O r• A W to Q`O ONAON tn*01 * `A 'm *00 O O tnNO V F wF�tn(n W ANOO V tnO 'J G O 0 0 0 0 0 0 1- F' F- F� N N W W W A41/ 0!- h A c0 O W AA N�000rA V OAO W V Noo`--' tnhh7y tD W tD O`0 to O OtOH NA to V ON Ln CD r, "iy O O O O O O O O O F� N 90 F Ul to n Fi, W W AA to O.O t01 -+w to ONA cn CTl Ort N O.O O`t.n t0 tnW p. 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N0010 V) 1-1 m m V -It OQ) . . . . . . . . . . . . 4i rl cF V M M N N 1-11-4 ri ri 0 0 0 0 0 0 O �:s r4 (] O O O M 00 r -I I� ri ri O r1 Q O M M Vj M O Cl ori ri 0 0 <t d' I, M O �o to ri Ol I o Ln t .H O M . . . . . . . . . . . . . . . . N ri � 0)! 10 Md'M NNN ri Hri OOOOO Id N 1 ¢� H. ri •r1 ori N O M r 0 -Hr -` 4N 0. . . . . m f. O cd cd V U R: 4i •ri O ri ri N N N tlm HcDwri00%001l0 m I, OOONN V m'O m N CV MM MMMMMt4 M N H cd - (00000ooOOOO or H O i r i N . d• u] I CD O N t n C)O v m 1 0 0 0 0 0 0 Q iJ •ri 0 0 0 0 0 0 ri ri ri N N M y .5 0 x 'a .05 FIGURE A-3 LENGTH OF CHANNEL VS. LAG TIME 'Tp' Tp =0.00236 (L/x)•64 11 2 1,000 10,000 100,00( CHANNEL LENGTH (FEET) 90 IN 0.7 0.5 0.2 7 0.1 0 0 0.070 0 Lexem 7 0 0.021 0 C 0.01( FIGURE A - LAG TIME 'Tp' VS. 'Z' O t� O O O r - - N N m v �, O O O T/Tp 9'010, u�iiui"'•� w ■ O t� O O O r - - N N m v �, O O O T/Tp 9'010, APPENDIX 'A' 8. Calculate the capacity of the drainage system under various hydraulic conditions or establish an acceptable release rate (0.15 cfs per acre maximum). Plot the value on the form so that it forms an overlay of the curves established in paragraph 7 above. 9. Determine the area between the various frequency curves and the release rate for an eight (8) hour storm measured in square inches. Establish the volume of storage contained in one (1) square inch by multiplying the appropriate value of quantity and time with conversion factors to produce the answer in acre feet. Calculate the storage requirement by multiplying the area between the curves by the conversion factor to produce acre feet. Record the required volume of storage in the appropriate column on the hydrologic studies form for the various frequency storms. 10. These values represent an estimate of the volume that should be provided to contain excess stoam water runoff from the various return frequency storms. While a rigorous examination of the method will indicate that it is a con- servative approach to predicting excess storm water runoff, it is straight forward and the results are within acceptable limits. B. Determination of estimated recurrence. 1. Determine percentage of runoff or use information on com- posite 'N' value from the hydrologic studies form. Compute the average runoff and record values on the spaces adjacent to 'Impervious Average Runoff' in the second column of the estimated recurrence form. 2. The annual number of events for the Iowa City area and the recurrence interval were computed from an analysis of rain- fall events using Ralston #2 records of the U.S. Weather Bureau. This data could be further refined by using addi- tional records, however, for this purpose the six (6) year period should be adequate. The estimated average duration of the storm was established to match the rainfall inten- sity vs. duration curves found in Figure A-5. 3. Examination of the proposed control structure used to regulate the discharge of storm water runoff from a storage area will have a specific release rate that can be calculated. The quantity of storm runoff released will vary, depending on the head available from the excess storm water being stored. This variation should be minimized and the design modified so that it becomes as uniform as possible. Divide the quantity of discharge by the acreage being drained, this will be expressed as cfs/acre. Within a factor of 0.83$ this value is equal to inches/hour. Multiply this value by 9lU< ESTAATED RECU_ _RENCE VOLUME OF STORM WATER STORAGE AREA DATE *EXTRACTED FROM USWB RALSTON *2 1969 THRU 1975 RAINFALL RECORDS TOTAL RAINFALL (IN.) IMPERVIOUS AVERAGE RUNOFF (IN) ANNUAL N0. OF EVENTS RECURRENCE INTERVAL ESTIMATED AVERAGE DURATION (HOURS) AVERAGE RUNOFF (IN.) RELEASED " /HR. AVERAGE STORAGE REQUIRED o T OF STORMS CUMULATIVE INCHES AC. FT. 0.0-0.1 0.05 22.1 26.0 26.0 0.50 0.1 - 0.2 0.15 14.9 18.0 44.0 0.50 0.2-0.4 0.30 16.3 19.0 63.0 0.50 0.4-0.6 0.50 10.2 12.0 75.0 0.75 0.6-0.8 0.70 5.6 7.0 82.0 1.00 0.8 - 1.0 0.90 5.3 6.2 88.2 1.25 1.0- 1.5 1.25 6.0 7.1 95.3 1.50 1.5- 2.0 1.75 2.05 2.4 97.7 2.00 2.0- 3.0 2.50 1.80 2.1 ANNUAL 2.50 3.00 4.00 3.0-4.0 3.50 0.13 0.15 (5-10 YEAR) 4.0- 5.0 4.50 0.03 0.04 (25-50 YEAR) OVER 5.0 5.000.01 0.01 (100 YEAR) 5.00 E VOLUME (ACRE FT.) F tL HOURS TO DRAIN 9G G FIGURE A-5 RAINFALL INTENSITY VS. DURATION (IOWA CITY) ■YYIYYYYYYYY■�YYYYYYYr/I t■IIIII�■■ �/��11��■■ INII%%■�IINI�■N ��LI%III �1 v���■■���� ��U%I��IA��Y■vim �nnrn►ninne�■s�mnn�■s� RAINFALL INTENSITY (INCHES PER HOUR) /07 the estimated average duration and record the answer in the appropriate space in column 7, headed 'Average Runoff (in.) Released.' 4. Subtract the value recorded in column 7 from the value recorded in column 2 and place the answer in the appropriate space in column 8. 5. Convert the figures in column 8 into acre feet by multiply- ing by the catchment area in acres and dividing by 12. Record the answer in column 9. 6. Examine the proposed storm water storage basin and calcu- late the volume of storage being provided vs. the depth of storage. Determine appropriate values for the storage elevation and volume in acre feet to utilize the total grid pattern in the lower left hand portion of the form. Plot specific conditions of the storage facility on this grid and connect with a best -fit curve. 7. Review the data contained in column 9 and establish reference points on the curve for significant storms, e.g. 80% annual, 5-10 year, 25-50 year, 100 year. Designate these points on the curve for reference. 8. Calculate the hours needed to drain the storage basin at the release rates established for column 7. Determine appropriate values to utilize the total grid system in the lower right portion of the form and plot a curve of best - fit for these values. Again examine the data in column 9 and establish reference points on this curve for the same significant storms. 9. These data can be used to establish flood limits for various storms, determine overflow events, and explain the duration of storage for various storms. It should be noted that the majority of storms will require little or no storage, and that storage will be required for extremely brief periods following the storm. 96 ,f Appendix 'B' 9Gtf Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Auuendix 'B' Values of N to be used with Kutter or Manning Formulas* Condition Type of Surface New Goo3- Fair Poor Cast iron pipe 0.013 0.014 0.015 0.020 Wrought iron pipe 0.013 0.014 0.015 0.016 Brass or glass pipe 0.009 0.010 0.011 0.013 Smooth plastic pipe** 0.010 0.011 0.012 0.013 Riveted spiral steel pipe 0.013 0.015 0.017 0.019 Corrugated metal pipe** 0.020 0.025 0.027 0.030 Concrete pipe 0.013 0.015 0.017 0.020 Vitrified clay pipe 0.013 0.014- 0.015 0.018 Common clay pipe 0.013 0.015 0.017 0.020 Asbestos cement pipe** 0.013 0.014 0.016 0.018 Concrete lined channel 0.013 0.014 0.016 0.018 Rubble lined channel 0.017 0.020 0.025 0.030 Straight earth channel 0.017 0.020 0.023 0.025 Winding earth channel 0.022 0.025 0.028 0.030 Dredged earth channel 0.025 0.027 0.030 0.033 Earth bottom, rubble side channel 0.028 0.030 0.033 0.035 Clean, straight natural stream 0.025 0.027 0.030 0.033 Weedy, straight natural stream 0.030 0.033 0.035 0.040 Winding, clean natural stream 0.033 0.035 0.040 0.045 Winding, weedy natural stream 0.035 0.040 0.045 0.050 9740 TVDe of Surface Sluggish, large natural stream Sluggish, weedy natrual stream New 0.050 0.075 Condition Good Fair Poor 0.060 0.070 0.080 0.100 0.125 0.150 *Adapted from Handbook of Applied Hydraulics by C. V. Davis, Table compiled By R. orton. **Values from manufacturer's recommended design factors. 9 7/ Appendix 'C' % %oL- Revisions to Design Standards for Public Works Improvements Iowa City, Iowa Section VII - Storm Sewers Appendix 'C' Acceptable storage of excess storm water runoff may be accomplished in numerous ways. Each of these methods should be examined to pro- vide the specific project with the maximum advantage, least cost of construction and minimum of inconvenience. To aid in the design of acceptable measures for reducing and delaying urban storm runoff in Iowa City the following grouping of methods and accompanying advantage and disadvantage list has been excerpted from the Soil Conservation Service Technical Release No 55. These methods are listed to provide a point of reference for investigating alternative means of compliance with the Iowa City Storm Water Control Ordinance. The disadvantages of each control method are listed for the primary purpose of providing both the design and review engineer with data to investigate each control measure used, and develop an acceptable solution for each potential difficulty. In all of these recommended measures, the matter of economic construction should be stressed. Economics in construction does not mean the use of insufficient materials or reduced quality, but additional investigation of alternatives is required to determine the most efficient and acceptable use of the materials and resources available on the construction site. Methods used to control runoff in urbanizing areas reduce the volume and/or the rate of storm water runoff. The effectiveness of any control method depends upon the availability of potential storage, the inflow rate and the outflow rate. Because a great variety of methods can be used to control peak storm water flow, each method suggested should be evaluated for both effective- ness and acceptability for the given project. Effective and accep- table measures for reduction of peak runoff rates are, of course, not limited to those listed. The details for the construction of each method suggested are most important. These details should be carefully examined to ensure that greater problems are not created by the construction of a control device than are solved. Y 73 MEASURES FOR REDUCING AND DELAYING URBAN STORM RUNOFF AREA REDUCING RUNOFF DELAYING RUNOFF Large flat roof 1. Cistern storage 1. Ponding on roof by constricted 2. Pool or fountain storage downspouts 2. Increasing roof roughness a. rippled roof b. gravelled roof Parking lots 1. Porous pavement 1. Grassy strips on parking lot_ 2. Concrete vaults and cisterns 2. Grassed waterways draining beneath parking lots in high parking lot value areas 3. Ponding and detention measures 3. Vegetated ponding areas around for inpervious areas parking lots a. depressions 4. Gravel trenches b. basins Residential 1. Contoured landscape 1. Reservoir or detention basin 2. Ground -water recharge 2. Planting a high delaying grass a. perforated pipe (high roughness) b. gravel (sand) 3. Grassy gutters or channels C. trench 4. Increased length of travel of d. porous pipe runoff by means of gutters, e. dry wells diversions, etc. 3. Vegetated depressions )u v I ADVANTAGES AND DISADVANTAGES OF MEASURES FOR REDUCING AND DELAYING RUNOFF I MEASURE ADVANTAGES DISADVANTAGES A. Cisterns and covered ponds 1. Water may be used for: 1. Expensive to install a. fire protection 2. Cost required may be restrictiv( b. watering lawns if the cistern must accept water C. industrial processes from large drainage areas F d. cooling purposes 3. Requires expensive cleaning and 2. Reduce runoff while only maintenance occupying small area 4. Restricted access 3. Land or space above cistern 5. Reduced available space in may be used for other purposes basements for other uses. B. Surface pond storage 1. Controls large drainage areas 1. Requires advance land planning (usually residential, with low release 2. Possible pollution from storm G commercial and industrial 2. Aesthetically pleasing water and siltation areas) 3. Possible recreational benefits 3. Must be deep enough (+101) to a. boating support fish life to prevent b. ice skating mosquito breeding c. fishing 4. May have excessive algal blooms d. swimming resulting in eutrophication 4. Aquatic life habitat 5. Maintenance problems with land/ S. Increases land value of water interface adjoining property 6. Potential liability H C. Ponding on roof by con- 1. Runoff delay 1. Higher structural loadings c— stricted downspouts .2. Cooling effect for building greater flexure under loads a. water on roof 2. Clogging of constricted inleL b. circulation through requiring maintenance 3. Freezing during winter (expansic 4. Potential for leakage of roof (water damage) I D. Increased roof roughness 1. Runoff delay and some re- 1. Somewhat higher structural 1. rippled roof duction (detention in loadings 2. gravel on roof ripples or gravel) 2. Higher potential for leaks MEASURE ADVANTAGES DISADVANTAGES E. Grassed channel and vegetated strips F. Ponding and detention measures on impervious pavement 1. basins 2. constricted inlets G. Dry reservoir or detention basin 1. Runoff delay 2. Some runoff reduction (infiltration recharge) 3. Aesthetically pleasing a. flowers b. trees 1. Runoff delay 2. Runoff reduction 1. Runoff delay 2. Recreation benefits -baseball football, etc., if land is provided 3. Aesthetically pleasing 4. Could control large drainage areas with low release H. Ground -water recharge 1. Runoff reduction (infiltra- 1. perforated pipe or tion) hose 2. Ground -water recharge with 2. french drain relatively clean water 3. porous pipe 3. May supply water to garden 4. dry well dry areas 4. Little evaporation loss I. Routing flow over lawn 1. Runoff delay 2. Increased infiltration 3. Easy to accomplish V CN 1. Requires use of some land area for vegetated strips 2. Grassed areas must be mowed or cut periodically (main- tenance costs) 3. Increased difficulty of cleanii 1. Somewhat restricted movement of vehicle 2. Interferes with normal use during heavy runoff period: 3. Depressions collect dirt ana debris requiring extra main- tenance. 1. Advance land planning is necessary 2. Maintenance costs a. Mowing grass b. Herbicides C. Cleaning periodically (silt removal) 3. May require underdrain system 4. Siltation 1. Clogging of pores or perfor-`-c pipe 2. Initial expense of installa uor (materials) or 3. Monitoring of water quality, ii required could prove expensive 1. Possible erosion or scour, which requires added expense 2. Standing water on lawn in depressions in poorly graded areas 3. Potential for ice build-up Appendix 'D' 9,7,7 REVISIONS TO D 3N STANDARDS FOR PUI WORKS IMPROVEMENTS IOWA CITY, IOWA SECTION = - STORM SEWERS APPENDIX 755 752.9 748.0 BEST FIT UNIFORM GRADE 4'/350' = 0 0 0 r �� 750 0 4• F LOW 0 d EXISTING GRADE TYPICAL STORM DRAIN SYSTEM `r w r O Qw�WATER MAIN + W/5' COVER M 0 50 100 150 200 250 300 STREET GRADE - ALLOWING EXCESS FLOW TO REMAIN IN STREET CHANNEL +179"/ I - 755 I 751.5 HIGH POINT 748.0 752.4 0 d 0 r 750-//rT EXISTING GRADE) 745+t; Lel ±1'-0° HEAD FOR STORM DRAIN SURCHARGE r� F LOW WATER MAIN cj W/ 5' COVER n r 50 100 150 200 250 300 REVERSE STREET GRADE - REQUIRING EXCESS FLOW TO SURCHARGE STORM DRAINAGE SYSTEM a TEMPORARILY STORE IN THE STREET a Ln P.- 0 0 0 M r N THESE REVERSE GRADES SHOULD BE CREATED TO EXAGGERATE THE NATURAL VARIATIONS IN THE EXISTING TOPOGRAPHY AND MINIMIZE THE EFFECT ON ROADWAY RIDE. LOCAL STREETS WILL GENERALLY NOT BE AFFECTED BY CHANGES OF 3% TO 5% IF PROPER VERTICAL CURVES ARE CONSTRUCTED. 971 Appendix 'E' 01 REVISIONS TO D ON STANDARDS FOR PUI �o WORKS IMPROVEMENTS IOWA CITY, IOWH SECTION — STORM SEWERS cal. c I it I I I I II -- I I � W I / w B L APPENDIX 'E' PIPE LAID PARALLEL TO THE STREET SHALL NOT LIE UNDER PAVING. A ♦1 LOCAL STREET_ -A STORM SEWER STORM SEWER AT INTERSECTION PARALLEL AT STREET w j I uiI I i B I h I C C J I Q a STORM SEWER PERPENDICULAR TO STREET DWAY NOTES: I. FLOWS ALLOWED TO PROCEED AROUND COR— NER TO SUMP AWAY FROM INTERSECTION 2. FLOWS NOT ALLOWED TO CROSS INTER— SECTION 3. DISTANCE BETWEEN MANHOLES NOT TO EXCEED 400 FEET 4. NO INLETS BETWEEN PTR IN RADIUS 5. M — MANHOLE G — GRATE INLET OR INLET MANHOLE C — CURB INLET SIDEWALK PROPERTY LINE -- SECTION B — B CURB INLETS LOCATED TO KEEP TWO 12 FOOT LANES FREE OF WATER IN A 5 YEAR STORM. MANHOLE GRATE INLET SECTION A — A GRATE INLETS LOCATED TO KEEP ONE 12 FOOT LANE FREE OF WATER IN A 5 YEAR STORM. far02, Z 0 N Z W O X O m W O N In EQUAL OR APPROVED EQUAL GRADE GRADE O O BEHIND BEHIND CURB CURB STREET CAL STREET j+—cuRe ATE INLET E CURB INLET FRAME, REVERSIBLE GRATE 8 CURB BOX TO BE NEENAH R-3065 8 CURB BOX TO BE NEENAH R-3067 OR APPROVED EQUAL OR APPROVED EQUAL GRADE GRADE BEHIND BEHIND CURB CURB STREET STREET GRADE GRADE p ° GROUT FRAME 2 0 ° TO WALL 2-0 �• DIA. o .• INSIDE •o WALLS TO BE 6° POURED CONCRETE•o• O z OR PRECAST RE- I Z INFORCED CON- ON- a RETE SECTIONS RE 8ARSO12"C.•C ° o•. 4"_"-;04 VERT. 8 HORIZ 3°MIN. COVER -3" SAND CUSHION - SECTION A —A 12 ?P CURB INLET FRAME, REVERSIBLE GRATE B CURB BOX TO BE NEENAH R-3065 OR APPROVED EQUAL -v� CURB �. I I I O I � I' TYPICAL STREET INLET MANHOLE GRADE BEHIND CURB STREET GRADE BRICK OR CONCRETE AS REQUIRED ••.0'.'. 0. •••; TO MAX. OF 4" TO MEET STREET v': '•' ".� GRADE LINE. 24" MAX. HEIGHT OF SPACER RINGS, IN - GROUT FRAME TO CLUDING C.I. CURB SPACER RING OR o• o'• • .'.'o.' ;o, ; . •p INLET FRAME. MANHOLE WALL•. FLAT TOP '0*.. CEMENT MORTAR JOINTS 'rte. STEPS TO BE SPACED AT 12" %'D' WITH RUBBER GASKETo' • MIN. TO I6" MAX. FOR STEP D. AS SHOWN OR COLD BI- :.'o DETAIL SEE APPENDIX TUMINOUS COMPOUND STEPS ARE NOT REQUIRED JOINTS MADE IN SAME. IF MANHOLE IS THAN 3 •' MANNER AS SEWER PIPE o FEET IN DEPTH. •0 48" PRECAST CON - JOINTS WITH 6"STRIP ° CRETE SECTIONS CON - MASTIC PAINT AROUND o•• FORMING TO A.S.T. M. OUTSIDE OF JOINT o: ;,r. SPECIFICATION C-75 DIA. FOR OVER 24" PIPE SLOPE I" TO 10" \ 6" SECTION A - A 9fll Ad C] 1:1�\ L a❑❑❑ El ❑ ❑❑ . ❑❑ ❑❑❑❑❑O v❑❑❑❑v TYPICAL PEDESTRIAN MALL INLET FRAME B GRATE TO BE NEENAH R-2800 OR AP- PROVED EQUAL #4 BARS& 12°C. -C. HORIZ. B VERT. 3° MIN. COVER, A B PAVING 1■Ji / TYPICAL REAR YARD INLET BEEHIVE GRATE TO BE NEENAH R-4340 A OR R-4340 B WITH C.I. FRAME OR APPROVED EQUAL GRADE SECTION A -A SECTION B - B B %:3■\■/ om S4ND CUSHION SECTION A -A SECTION B - B B VARIABLE LENGTH i I poll 0 TYPICAL ALLEY INLET 4 BARS812"C.-C. VERT. 9 HORIZ. 3"MIN. COVER— VARIABLE LENGTH SECTION A - A NEENAH R-4670 OR R-4781 GRATE WITH NEENAH R-4899 FRAME OR APPROVED EQUAL PAVEMENT \\ F D D � O I 3 I O O I m O O Ia poll 0 TYPICAL ALLEY INLET 4 BARS812"C.-C. VERT. 9 HORIZ. 3"MIN. COVER— VARIABLE LENGTH SECTION A - A NEENAH R-4670 OR R-4781 GRATE WITH NEENAH R-4899 FRAME OR APPROVED EQUAL PAVEMENT \\ vim0'� I 6" WALL e 'a •e. o 4" b "•o' 0 HMO: r',saw uwntbn plm4 Nin mt," n. mmK.,bD"srl.l Vd RIIW Rm..l Had rqulan. —7 e_Gi IL�W� :71 N]C RT , AACAZ _® NT v vvRAv CDD, TOI/A"PAD. ALTERIOU xA eOXOUT FOR SPECIAL ]NA CONDITION II ON GRAD,, I]' AT LOW CRI STS. NOT2•'LOCATION'POINT I] Q 01 INTAKE AT ,ACR OI CUR,. I I � I �USC ITANDARD WNMOLC .IN4 AND CDVCR (A- I Tno-RUGHT OUTVj. 1' INLET vIrc j�F C---�2'0I(4RADC. F• ♦ 6 F 4 AT LOW POINT. N 1"TlWmlrmlf d' FPPfM MMerlis 6 - v4 UCDCCTTEmi ' GUR (I A"LIC AI VT. FOR A .LOT - OMIT ER1. CONDITION FOR ALT COIN+iL 3D Llll]T]. PLAN VIEW WIDTH OI INSERT NO...L 2'-0 rowan. le ]ANE THICKNESS AS PAVEMENT. I LIN]CRT .LOT -ON WIT. e' MlNluuu. CONDInON FORA NATE 2, EXISTS. FOA IS. IN SENT WIDTH. CURB OPENING DETAILS �—LINE Or ,+CR OF CUR.. NOTE j NOAUAL SLOPE Or+x AT eC uoDPRO AS kCG13SARV TO IIT OTHER CONDITIONS. OPTIONAL CO HIT JT yAAURt. d.+' -o• M+R 10+0 S"IDN T'Cul! SECTION A -A Tod In WI SININO NOR. ONIN IMIu1N Ran. em M[Awrxkm 0 this, ... brPIW wiI.m tllm d MUNI V tuN 161011 u. In W psh e.I ARMIN. minw ma9hulmM HE Or SACK OF CURS. bNbbtmWmledher, uN.Np Yn.nng6ur, RIIMTCUMM J,NI- hOC+TIDN) IM",".A cannns m, M. Was. III VAR b tllu,I "wasim. wu pNmh[ 61r{Itl LY be mgsu, . 7 ALTERNATE. ALTERNATE 2A ALTERNATE 2B -A.0 vAVT. Gb1."B']TAD. 3T 41; ]LOT— .. f 8910. 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TO FIT USE STANDARD WNMOLE R INC AND LOVER it TTPL-I,LILNT DUT I. WHEN CONDITION EXISTS. Or BACK Or CURB. ol+nG At, CONT IT r'mIa"OnS S"tor Y'LuN SECTION A -A Trip a NIA. IoW. Spnlll NOR M+IX INwIRSIANm+M1 M[mtVlNllm i1n41+[mlttnln9lo[mtlr¢Ilm I normal V curs 101011/1 Adolf of pr+meus. ApRMHUNminorlm011wllm bmaelU[mlorm lO dinN[u eltip•nAT MAN "SN'..",N[ OI R/cR OT CURB. l.ndrmidd� India, wllgmllb Mlulbnnb r(LOCATION) moas nxiIII ME ALTERNATE I ALTERNATE 2A ALTERNATE 20 B .�w -A. C. rAvr. C. PAVT • 09'0:0 oD `°If L[r (]TF.O[S) 8' eAa uOr-.'(�YO - C.C.eA 1 P CaTAD[ I) Na Ri POUPINCRUBLICE 1 bad 2 N'Ie RNSTRUR1ON CONDITIONS j Inar% ALRRNATEI -Cauu Min tllwnt pal 11 P.0 OnvRt �`: LL ITie 4 TOP AUMNATE&-w[up.n.n dh[lm ppm.M I1 A1Ol+nm pnael. Crim dN P.6 DRAW. bp+Mlor a21d puller unit. AITERNAR le -Simi q 2A nnp dlMenl Pmmml 11 WIN In OMA XOR. AIM It mnArudd In N. Intal at. N N[IIILII Orifi, In, NUNR Nnm nNMum*041 adh[mtlruld, d Nl MalUMI1 N. find All On[fNNWKLL 1YTad IMadM1 n 13 RUNId UMin, =MIN 91M b I, mutts N prsn bRnd in, O l, In . lard Mp, aull b prPI 011w dale., indicates, it. In. by to lb InbBr.dd%Ib INgTIN1. .Imllm d OR IMF lints, CENERAt MORS, CandruddT d Nle.. 111Mn WIN, min M in .,,N M Owl Suits Nlgnmm •q Olpbn Itual SAKIrrpbnl fm simerm SmrOnm.ti)+d 1111MI. dollars 01 Current 1p[IIIW bars AT Slrudura Mutual Vil len at mn[M. Is rqulrm. Inpd 1Nr men As mdWd.Nn this quallin rot inner mrcrd. pnm.nly [uR1MRM[q Sp[Nllbtu arilnnadusa la r.Wmmlbpn 111[l'dd•nn pw"Ar"Hult Nnod.b 111.1 qu m.yb.nnM oval br'InNSe"w"Lnm.M". Mho d"Inied"Inalb Nm. ., prlmmt Mlin brio. Inpd bP Or mi pdbn rami., NalM ., rqulyd rot Slrudunl Emerd.. Sbrm 1mr MP UNNua b IMBId Debt Intel. dMBI ¢ntlrudbn Nd1dIQ sIMnIl Nnl b Gauldme q IMI[nq ARM Ali bar nam 1-1 IominM1 wdid INS W NIA MR' pel.dnq unngdwly IMS mall. OMd MIA X111 lid Meld MTPnC Irish 1.0 d Mmaal On drudbn 111111 In lldri Anal IN Is and Mn ROPER, M 11. bN b.mure band blain Curtis Purt 'FM. Au%rW ", b pndnl POO SECTION B -B REINFORCING DCHEDULE MARK LENGTH NO REp ]PACING A .'-E° 2 ]EL DETAIL BA' -.1 a aEE DETAIL C SEC DETAIL D ]'-A. ♦ -]n e F A' -a. Ad°a a' - E• a la•a N Oa -E• a R SEE DETAIL J 10-a 2 A SEE DETAIL K a' -D• 2 SEC DETAIL TOO Waith 1M PtMnw- MalMR, l.all YOt NOTE. ALL FEIN TO RC INO STEEL. M. A BARS. PLACED APPPONIMATCLI 1 -W -CLEAR OP CONCRETE SURFACES. Ir E'LON CCB WHEN USING I] ODROUT. Mris In "man, dp[enl N IMaq 11.11 N as [own On Vadlr. MAR Plan RN -2. An, lnnlvrp pWmirs Mir, 0., nW A Oapa Inied suet Joint DAIdnf still N n IMIWd Ursid ... Amne 10X111<dly mMllld %Hoer Olen LrMn9f er %Ib Gglnnr. "C' pint d end d In al 11,11 ..and NNIUII ll .n MKIR, R. Ilnt A moors SOA Kill b Ita d In In. WDm d Its IMne flrye[ImaM1 U lN&G d I. g OlrMd %tn ludinnf. Sp[Id in.MM d Na olio h rqulldbw &Sw hChanmllnq,BnlnelnlOt TPofudq d Ne IlIid 111111 MAR fprmlmndy 1 In[n pr IM 1-11IM [NnnOL Sbrm trgr Olp localbnl fawn hirwn m 1piol, RAN NMAI "INS plan Nr WO .l ant Prw Will Bar IMC flux IMIW 111 nepAMn en -Alm 1M Al as nil n Nal l N1MM d Inied rq kOom flllA, and Met dials Fault), n Inwn'at., STANDARD ROAD PLAN APPROVED CURBINTANE DEEP WELL NOTE:'LOC ATm N' POINT w c Or INTANC AT BACK OT CUP.. Nolr: 2 feeno NCHUrrn pinlf mllh FOR ALTERNATE 2e EXISTS. " FIRnr mmpreumn meerlll 14.1rN4 �6__ •. e yinunkr¢e]nl 1'lllumin f Ij I I �'II ��D II ' OI LIN[ Or !ACK OF CURB, NINIMUu le• FLOW HS� �► LOCATION .ate vLEDGE TO/4.11.14% NORMAL PAVCYCNT SAME THICKNE33 AS PAVE- MENT, WITH S' MIN _A IB• LIN![RT �• 2A• -t,--1 Am ri NOTE:WRUAL SLS Bi Of 4% T, IC �_e, LINE Or BACK Or CORD. (LDcnTIDN) CIT OTHER CONDITION]. a'_C, 4 e w3uAL Tor Dr ALTERNATEI ALTERNATE 2A ALTERNATE 20 eORs ELEV. .�Va 1PD uApnoLc _ [e(� '-M. * A.C.PAVT, -- _A,I PAVT. :ni ER AA 2T, N `.y,:fb , .D dv P�DOD. q. a�N'.. p� (lT.GC a1 2' Y I 'RR /Lc T]- r,o 2 D e.(iL ]PIT .Q' a" CC._.__ (WAGE 2 _-�- COHIT. �• INICPT :T PIPE•A"VARIABLE, SPECIAL T' mNSTRUQIN GWNOITIONS a'-D•YIN. InAPINC P SR OM DNA DC• ID'-D'YA.. NANMCL 'P'VAPIADLC ALRPNATLI-Cp YN nI[Il tllaLanl NYlmmI If P.L mll[rQl. AT LOW POINT. IN CHC ET[ UlWN3L[i3-for UY Mm gIKW NWmaN bAfpnalk OnLMa 11I.LEfuQo PIM P,L OnvQamu aMbr NnBaNBplrt unR. AERNATEie-Sam mEAmnQtllYeM pmmanl1f0u1n In Rqq Afq if BURmptl In In. loranrtPleI...Ne eralnln9lnnurlaudlN Erw Un111 Na AIFrk GRUT0.lf placid. BhenNnurtvr murwbmndrWtlmr es ra'I^,A •]-D°•e IT'll 1 abL mmrinwn reA NtllmuMuiy OlMmuOrtlrgme [gmwr. UN![RT SLOT -ONLY WHEN CONDITION FOR ALTERNATE 2e EXISTS. ,SECTION A -A PLAN VIEW WIDTH Or IN.[IIT NORMAL 3=0° LIN[ Or !ACK OF CURB, NINIMUu le• Mo. WnI.N. III Uu.,1, m.0moldt e• Ir [• e• Ste_ A Is ImrNtl Incl Ine rower nIM m in- `Tw I � rleMbn of plP na Ilnrl to, of lmdr FACE OI N.N.AL I tune. e• 1 Inlet SJOHNII Plea fL[GrW wwr to pwNnl Bone. SECTION B -B oCi'N. --9. y4 �.. •oma. ' tE� u • 4e •sP:c9_D.p a ml ' : - N Sur rinu :+ :,}�.,W�°/�j�',°te°&'P, O I`1 esti ..AGE •:L; l�(:;;` n' POE:Q':9 , ';4?o P:'• o+;yoP •O •e en $F ,^ o O aY 4 S61V4`'A'pe,,{"4 ,• r o`$ NoFT',Ro:�L$nD r C' 6�u�1'°�4DD.O��o°�3�°�.`^ dd pPuvdS p:. ,j?PY8'D'3a °4'9 3' Q ` e•°%.e•O ro• n^o;a'1 ice' ^i^ Y.'ti ' e v .O. g. 'd ip,,�� P:aa'a•.dn ore _ca•, INICKT SLOT -ONLY WN2N-8.'d',•'yi�.`ga b:�t e^';n • 'p,j(pi'P A. 'Dep: C. '9 O�J. pP:�. NATE1211 SKIS T3,A LTCB- I I ' e W.• LE33 FOR IS' INSERT WIDTH. CURB OPENING DETAIL] Nat[ D'mpf IMlultl neon art IP B.A.LwW In We unlDrMn9 N raprwlmn d own)p"turn blpll Or wnd Mnanl Amr[mIN MANo2111M 1 RPRIm[Ymd for pdmint NdMrw,In.nfdunnatnnI WTanl.1ImU rr.r aeIpr CINNI orUn. Ela..,PIM.edpnfMlmtlNdtlnInelultl. pnf dneMn fln[Itl w Ne [INlnnr. W3'LONGLR WNL -USING I"SVOUT. mum MIES, OURVINIa W ImAr, F memn hNsm, %lull!' In rmNrrsemRM tu...M Ion SIA, Nmhmry CPmdasbR st,nl SPCIII.Bo' Mr stud Serer linfr lW [mrkA m Sol BE Curren) [PrlDPtmnf Nr Sl ELNII Cvwel VISMmn of mntrd[ IS "UHIL. Inwd rtP fNll IF IDEIDedmIn IheluamnIN W AN. Ni"Tord P ten W 9dlu. SFQLI mrpMdlnrn vY lmRmintllWtl Wm Wkr Me YIAWL Olnrlr by min va Rrym rbrLWlvNb•InWf v4rwanr. DnIN Big W.1 romutel for StU uNI GU RnNn Wlnr lmmrlgN rtp Mbn npfr Shc M n rwulrr for SINQYraI QgMI SENT 1PF NP OPIUM m Indeln Nlor. 1,19. fIOnill.,UUnbn If dNr1 'ANNIlf mdl m mNINUC I IMIMr W in opmmsf IOr perm 1. wminry NaPI rMMInM FFf Mlgiq unnaanurly lnm nlL ONMORI OR AIN Mwr mill 1. by smemel < AruQlnldlr, In flbmilm m W Nall mr Pnh N,mOfrt IS" mN [ur[ Sone mln'n cord' Fort TH mASe ARE Fnbn d III RICHARD ME] l Fmru4UN* unn m Or nmrmmnf Alan Mrreen, )Blot. In wWnn( WINKS m IoW[, NAI m u loan AN DamUN End FAN RN -i, Any Dmfwpi PATUmnt IRAN SNII too a ew[ a loan INS Ntnl IFU PIU . m byIne[rgingr. n InAuMi l'e nor, Mupl Or. fpNlnully mtllntl by env plot eri mlgf vw "C lelnlemedlman fbll enmelnmgnYmRRnea rotor IInL .Snob fIal nullInFNn InINNIbmdIMF IMFg FnPLe4ynImmdd lemon NirUITNOEInWr. SPLN opurfi.11111,1oldrd NWNM' .Fordo mrnnrl nl VWRIIIlmQL TgmnNrdurnlwmdlfbr[gPl- mdrry I In[M Pr fol la[r11M [M[nnd. Smfm fenrplP b[ebnflMnNrm rn Npl[a4 Re" awl AM OR, BY nnlbnal "L nkcpb M InW[ NFO inrlum AI NNORry P EWOR, uW INI Ann IN NNNI fNpq d PINT erv, mXme mlq NASA, 'A Ann III numbly an 1MPA hNPR STANDARD ROAD PLAN APPROVED DOUBLE UNIT CURB INTAKE TOURING SEQUENCE ,SECTION A -A 1 mlr 2 SWnlh NOTE: J %man Mo. WnI.N. III Uu.,1, m.0moldt Prr PPrla prmM by A Is ImrNtl Incl Ine rower nIM m in- `Tw CUUM IS IMlulle, from thr Dr. b IN rleMbn of plP na Ilnrl to, of lmdr Poem.)lnlrn Inlet SJOHNII Plea fL[GrW wwr to pwNnl Bone. SECTION B -B W3'LONGLR WNL -USING I"SVOUT. mum MIES, OURVINIa W ImAr, F memn hNsm, %lull!' In rmNrrsemRM tu...M Ion SIA, Nmhmry CPmdasbR st,nl SPCIII.Bo' Mr stud Serer linfr lW [mrkA m Sol BE Curren) [PrlDPtmnf Nr Sl ELNII Cvwel VISMmn of mntrd[ IS "UHIL. Inwd rtP fNll IF IDEIDedmIn IheluamnIN W AN. Ni"Tord P ten W 9dlu. SFQLI mrpMdlnrn vY lmRmintllWtl Wm Wkr Me YIAWL Olnrlr by min va Rrym rbrLWlvNb•InWf v4rwanr. DnIN Big W.1 romutel for StU uNI GU RnNn Wlnr lmmrlgN rtp Mbn npfr Shc M n rwulrr for SINQYraI QgMI SENT 1PF NP OPIUM m Indeln Nlor. 1,19. fIOnill.,UUnbn If dNr1 'ANNIlf mdl m mNINUC I IMIMr W in opmmsf IOr perm 1. wminry NaPI rMMInM FFf Mlgiq unnaanurly lnm nlL ONMORI OR AIN Mwr mill 1. by smemel < AruQlnldlr, In flbmilm m W Nall mr Pnh N,mOfrt IS" mN [ur[ Sone mln'n cord' Fort TH mASe ARE Fnbn d III RICHARD ME] l Fmru4UN* unn m Or nmrmmnf Alan Mrreen, )Blot. In wWnn( WINKS m IoW[, NAI m u loan AN DamUN End FAN RN -i, Any Dmfwpi PATUmnt IRAN SNII too a ew[ a loan INS Ntnl IFU PIU . m byIne[rgingr. n InAuMi l'e nor, Mupl Or. fpNlnully mtllntl by env plot eri mlgf vw "C lelnlemedlman fbll enmelnmgnYmRRnea rotor IInL .Snob fIal nullInFNn InINNIbmdIMF IMFg FnPLe4ynImmdd lemon NirUITNOEInWr. SPLN opurfi.11111,1oldrd NWNM' .Fordo mrnnrl nl VWRIIIlmQL TgmnNrdurnlwmdlfbr[gPl- mdrry I In[M Pr fol la[r11M [M[nnd. Smfm fenrplP b[ebnflMnNrm rn Npl[a4 Re" awl AM OR, BY nnlbnal "L nkcpb M InW[ NFO inrlum AI NNORry P EWOR, uW INI Ann IN NNNI fNpq d PINT erv, mXme mlq NASA, 'A Ann III numbly an 1MPA hNPR STANDARD ROAD PLAN APPROVED DOUBLE UNIT CURB INTAKE `rrP rtYN .,,P s•mrr[Nq Tran umn.M pN. f1a Prr PPrla prmM by W CAN, W3'LONGLR WNL -USING I"SVOUT. mum MIES, OURVINIa W ImAr, F memn hNsm, %lull!' In rmNrrsemRM tu...M Ion SIA, Nmhmry CPmdasbR st,nl SPCIII.Bo' Mr stud Serer linfr lW [mrkA m Sol BE Curren) [PrlDPtmnf Nr Sl ELNII Cvwel VISMmn of mntrd[ IS "UHIL. Inwd rtP fNll IF IDEIDedmIn IheluamnIN W AN. Ni"Tord P ten W 9dlu. SFQLI mrpMdlnrn vY lmRmintllWtl Wm Wkr Me YIAWL Olnrlr by min va Rrym rbrLWlvNb•InWf v4rwanr. DnIN Big W.1 romutel for StU uNI GU RnNn Wlnr lmmrlgN rtp Mbn npfr Shc M n rwulrr for SINQYraI QgMI SENT 1PF NP OPIUM m Indeln Nlor. 1,19. fIOnill.,UUnbn If dNr1 'ANNIlf mdl m mNINUC I IMIMr W in opmmsf IOr perm 1. wminry NaPI rMMInM FFf Mlgiq unnaanurly lnm nlL ONMORI OR AIN Mwr mill 1. by smemel < AruQlnldlr, In flbmilm m W Nall mr Pnh N,mOfrt IS" mN [ur[ Sone mln'n cord' Fort TH mASe ARE Fnbn d III RICHARD ME] l Fmru4UN* unn m Or nmrmmnf Alan Mrreen, )Blot. In wWnn( WINKS m IoW[, NAI m u loan AN DamUN End FAN RN -i, Any Dmfwpi PATUmnt IRAN SNII too a ew[ a loan INS Ntnl IFU PIU . m byIne[rgingr. n InAuMi l'e nor, Mupl Or. fpNlnully mtllntl by env plot eri mlgf vw "C lelnlemedlman fbll enmelnmgnYmRRnea rotor IInL .Snob fIal nullInFNn InINNIbmdIMF IMFg FnPLe4ynImmdd lemon NirUITNOEInWr. SPLN opurfi.11111,1oldrd NWNM' .Fordo mrnnrl nl VWRIIIlmQL TgmnNrdurnlwmdlfbr[gPl- mdrry I In[M Pr fol la[r11M [M[nnd. Smfm fenrplP b[ebnflMnNrm rn Npl[a4 Re" awl AM OR, BY nnlbnal "L nkcpb M InW[ NFO inrlum AI NNORry P EWOR, uW INI Ann IN NNNI fNpq d PINT erv, mXme mlq NASA, 'A Ann III numbly an 1MPA hNPR STANDARD ROAD PLAN APPROVED DOUBLE UNIT CURB INTAKE SEC. B—Bthe A lack A am Eatllnl Ndh I' -Ara 4. N4nf lM tW nerenvnen Im rm I'Men dInitle smlmnelrl b drontllm d uru2l a^mNlelon sed wdmw.emml. QatpdNnPnoreadnwllm I. In Cu2dry nen nmdd Is minrd b d.,,uR these entn nmm0, Yhere P"du.h 1--— pmnedWpnrmlMdrWLn,INIn4esdimullNWIN aIn- roAecwn_� ---- dens, At apn1 Aimed by IN Ergines, c I rn m n.mm /r arb 161011 fr CURB OPENING DETAILS REINFORCING OCHEDULE IMAX Lmm "All SPACING A rtl' P le^ A Pts' 2 Ir Sea DetaA • c td' A Ir 2 Sm Nb2 L Ab' 1 2.212' I P -r a V. G D-0" 1 Sea Detail N 1.,. A Ir I e'-0" 1 Ir R ]'-o' 22 ALE DVrA1L I I R':r A R7 -d Ale All nbnRlldSM IR'6ems. MD bhnsNAdy S'llI'tlmr d omeN adrms. ALTERNATE 2A ALTERNATE 2B ICY' 1?' A.G A.C. IrvL ML --�-- Rhw' iln lai7T BCe CDNSTRUCKN OMADITIDNS ALRRtUR I -!w use Nm mjeenl wvtmM ly P,G CmmN ALRRNAR A-Im use Mtn Nlamnl paraded Is Aynplk PmtMe wdw Nin P.G ConvN NL 116. aN And putln unlL AIRRNAR tO-Lmau Nesed m}<enl paemtnlh Wlll In ylyq Slms are rmvlruddl N the Insert vu b hdllime d"InI q he SUrlem A the bass un1A lb. Read AynYIR=ta h decent. e'INn 0, ur44 m r. Is tm- drvded Ne dds, In Pe intent dry Sndl As mrerull,1010 h 21 Whapen l AT theEn0lnas. R1[RAL NOIES, Gas sW dM A Inbm, as than nam, SNIT 41n ume�iN aM Wriest Im Slate Nghaa CenmhsNa Standard SpPlllwllnS bar Slvm Sever IlnHem and Ar 'Asda rradlns A avml SpEOMha k S W Sbnl CmvAA YM11m 'As Is 4 realydt. In sed find SNIT be Intlu000N the Nenlnla Johann mtMe Inwnml m aA aMadae, SIRW tnsdinSed era NYba.Mm mvN Sv9nhss"r "Paremml". Irish 0 "InseT shelf tad sew nw.mmL Mlsn All Ends hbss ly our any wdkn erwSO SNIP le eS npu40 bar SINduN UmtL In41n444 NImmEbua .hen Ne Sbn SwrhpeNun6r rnwenL 11 dry ba eu01 env S titan, ae InudaldmmSM unN meI WXbd a we h41b q Shnarl Add PA -I. he Prase sees Cave RA -M Tee 1,"shift be InNIIO IPF Ma OAwnl densities. SpelAI SNPIM MIIb Vrbla adMvnt e.eall SAN Sbrm Sender Pipe should 41nS4110 blwS hta4 Sbeall meWdlm IS M1M1 Shensi menu banmad0a Indicates! Ran deal M ri s., sdwh Mwd end nl lnitl lLSLMlnp nnnmmlry dab Nl SPA APApa 111 Iwpd All heN bN d.ki all, CmsWdbn blab, If nmav0, In Shwll hill be bred nM ssaea an 14 Yn b noun had set mlveh pr. Pelth b vended 6d*nl Y Inhla, mall b u man An S\nded Rad Pun AWL Malone.,. prol pints 'halt snA A edH A laedara Joint lm11n, SNII bear NdIpW berm, Instead share ha,und l/ n01Nd 1, After, pan 4e0lgS and Ited, rt. 'C palAndA4vd MII wind4rnyhbmamPSN AMVN IRdo", be a" an Is. hCvn of the Inhb ewraMdiPu indicated mda64M0hy1NCn0Nw. SMIeI MO+Ad NIS 1016 brp11r0 bPMN umrdh W anal 1hNNh its lnh4 This, Sudu PI the NIA SMI 114 Apra- ."II"Arenmc dha[hand. Slwm tae, IRR lmnmt man harm an Wigs. Rale, 4444 veep' p'anf M 01dRnA 04. Price is tar bliss shall Indude all nmeids dwalln And bel As saris Wall1h,N A Ina'." W. NId and Area, dabIs Rha amara Nrm. STANDARD ROAD PLAN APPROVED CURB INTAKE a" coaled up—le. joint IED) ri.h "Pollak compression material joint MISS la dowel bat DETAIL "A" TYPICAL PLAN SECTION B -B Curb Curb 51ILEUN GC NOTE: Details Indicated hereon are ler .....reale. AI 1.1.6. arlo—Its, la can rbu.. to. el u 6" mala al curb as e parr al pay.m.nl. Ap p to prim. art— medili cation may bo made to .edarm te other curb shop, when necessary. Whore 9" curb it rptcH ad lar ,rhe intake dome. shut bo adivaed m Indicated, or at rmhereahe directed by rhe e.91... r. GENERAL NOTES; Eh. e.tmeion unit mc, 6. mod on .ills., m Train cid., ill an RA.6 Intake. D.teIIS er. Similar when innellalen is an .id, eypa(e that indicated Swarms Communion procedure or outlined lar Standard RA -6 InmLe rh.It apply r. the RA4 fm.mi.. Sop Slab al ubmi— And Wall, ehall b...nntuned as e circle unit. ban "b" and "d" Shall be omOted [ram RA -6 and "p" ban AI RA.a Installed —li..... A 1'-6" wide beam 56.11 be mmmuaad 11'.6•' In leaerh. Special h..m. m I.e. el curb and i... Ih'..' al .pain. shall be resulted in his area. purring .I This I .... I or.a Shall be Included In on,....I vuamiYo. price bid I., "RA- E.bmbn".h.11 ind.d. he I ... M1hlnp al all materiel, and ...muni. el and as indicated r.d.di.9 neres..q madilicati.n el Standard RA -6 Lteb. REINFORCING SCHEDULE 1 Mod She rM1 S acing No. Re 9% 9'wgrl LFawn . r •.D'• I.. .. e T . 1•.I0" shown a d vAar roe•• � 6 va.ie. 1•.0•• S SECTION A -A Curb "Cu I STANDARD ROAD PLAN I RA-] I I Approved EXTENSION UNIT FOR STANDARD RA-6INTAKE pm1r--iMAA 11, a tune . urn mac SECT' ON ASA I .I ..c. er .IrICK OF Cuft. ." %r ..... D• 11A ��"E^Culm l( B EAR] w BPo.'r AMRNCO'[ I BSS E 4 r B / SVw L I.[1Yl SECTION C -C [WO F FDA c cuRAR C 4W_ r� DET ,i 9 -at _I iaDi `URN SECTION D -D SECTION E -E a[I • "nu D j5'�i BAw iarRMn� r , 4uvaLl •U... r I R°fe a / DEB[ID L P I a 11011 pgId,NL A;UCKTITUMETmm iIj1DEv"EmUltbn CJL MIN -__-_-- bEUM0 Ij'D'eAa IM1.1a, BE BITTIMu BlrrlAm q IM ja,[mUo EDITION B R LIXATICF FOR DETAILS rc a [Bxe B•p- ` Y �e wBB nvY ,-n'. t.m.t •U... [xC 6 Bl pn / DEB[ID L P I a 11011 pgId,NL A;UCKTITUMETmm iIj1DEv"EmUltbn CJL MIN -__-_-- bEUM0 — IM1.1a, BE BITTIMu BlrrlAm q IM ja,[mUo I irons d NEV US, MINE.E., RAMRv�Nr i I r oC h°"M C 11-1 INTIBL3 164Cay'x0 . L.E.ON RA -B ER, "spcc«c CURB w r w ry REurIUIlam PILL APPLI e RE r f s x c mATNUTs I Planv AA`SURFACE] SiuLL a f O E RUBBED REruiNyx I I LLE• s RENaVw- y 0 BAT] AS ..... Ul C..b y•.r OrmA F a Tal[\ w nLrre r [r4M 9'9II� .-UL-UMA RCUN a -EST.' xM.1SL D"Cum 7,NAP[ FILLETS AS INDICATED CONCRETE rM rrLLET] )D BE OF SAW U11 AS REunND[DE or rNOM rr[Yrur - er`I`I n ED BE COMT pEIro BY .x"E ConN""C"Pa -y., e N Ire a IN BOw[u VNTb 1 ROVED EXPANSION TUBES, srGTION o -c ]LCIION RSI DEau Or INURE THROAT STANDARD ROAD PLAN APPROVEDFUI c - I - mcl TAPERED INLET CURBINTAKE wBB BartBE : C I m.L la lW tl nnfritlM 11011 pgId,NL A;UCKTITUMETmm mybLandla"ErmbodnnlUMETEMrAenlNuasu,REMnSI-Du IILd IW"TERM Cn[4rMIm, INWN)V" "11 MtlIustoas IM1.1a, BE BITTIMu BlrrlAm q IM ja,[mUo DIEDF.L '.L• US, MINE.E., RAMRv�Nr oC h°"M C 11-1 INTIBL3 164Cay'x0 . L.E.ON RA -B ER, "spcc«c CURB w r w ry REurIUIlam PILL APPLI e RE r f s x c mATNUTs B Planv AA`SURFACE] SiuLL a f O E RUBBED REruiNyx N-RW"SCO FRMED D TO Bc D s RENaVw- y 0 BAT] AS ..... c. WVLLs-.4O BARS 11 MOWN —ITNRUF ANNA Twi'.LL AL '"1OUI'llL 10 310" A. DD1 r ll 'FACT BID UN FA4s Sl eK RN ,MMUM ALLD TMq rA SACRLL, CONCrgRUDE rANS .4 4 D ADN)FMEMry .-UL-UMA RCUN a -EST.' xM.1SL D"Cum 7,NAP[ FILLETS AS INDICATED CONCRETE rM rrLLET] )D BE OF SAW U11 AS REunND[DE or rNOM -rw E CUBA a AREA IMIDE BAC" a CO.. Cut n wrMOrt OWx S. er`I`I n ED BE COMT pEIro BY .x"E ConN""C"Pa —(D" NNO- _ um. ERrANSION UATERILL" BE PO LYETHYLLNL SF. SI'd P -d )Ior1 PRL ]LCIION RSI DEau Or INURE THROAT STANDARD ROAD PLAN APPROVEDFUI c - I - mcl TAPERED INLET CURBINTAKE Appendix 'F' 9 f3 REVISIONS TO D GN STANDARDS FOR PUF ,� WORKS IMPROVEMENTS IOWA CITY, IOWA SECTION ME - STORM SEWERS 12 IN. MIN. APPENDIX 'F' NOTES= I. PIPE SHALL BE LAID ON UNDIS- TURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON UNDISTURBED SOIL. 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP LL OF THE 'PIPE. 1RBED CLASS "C" BEDDING FOR RCP PLACED BACKFILL NOTES: I. PIPE BEDDING SHOULD BE LAID ON COMPACTED GRANULAR MATERIAL WHICH IS TO BE PLACED OVER UN- DISTURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED BEDDING. 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP OF THE PIPE. CLASS "B" BEDDING FOR RCP 0 0 0 o O � 0 0 0 � • p O o c e o•o•. D/2 + T a 0 0 o O J p p O O O O J O O O O O O e'•'p O p C J O p o O O • O O O i O s p p D/4 COMPACTED GRANULAR UNDISTURBED MATERIAL SOIL NOTES: I. PIPE BEDDING SHOULD BE LAID ON COMPACTED GRANULAR MATERIAL WHICH IS TO BE PLACED OVER UN- DISTURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED BEDDING. 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP OF THE PIPE. CLASS "B" BEDDING FOR RCP UNDISTURBED SOIL HAND PLACED BACKFILL NOTES: I. PIPE SHOULD BE LAID ON COM- PACTED GRANULAR MATERIAL WHICH IS TO BE PLACED OVER UNDIS- TURBED SOIL. 2. BELL HOLES SHALL BE HAND SHAPED SUCH THAT THE BARREL OF THE PIPE LIES ON COMPACTED BEDDING. 3. BACKFILL SHALL BE HAND TAMPED UP TO 12 INCHES ABOVE THE TOP OF THE PIPE. D/4 (4" MIN.) GRANULAR MATERIAL MODIFIED CLASS "B" BEDDING FOR ESVCP AND CP CLASS "B" BEDDING FOR PLASTIC PIPE (PVC AND ABS, SDR 35 OR LESS) 7/ ��i�i�iiiiiii�i�i�ii�i�iii�i�i�i�i�i�i�� • ' • �•iiii�i�i�ii�i�ii�ii�i�iii�i�i�i�i�i� •i�i�iiiiiii�ii�ii�i�i�ii�i�ii�ii'' _ - = CLASS "B" BEDDING FOR PLASTIC PIPE (PVC AND ABS, SDR 35 OR LESS) 7/ Appendix 'G' 996 REVISIONS TO DI 3N STANDARDS FOR PUF : WORKS IMPROVEMENTS IOWA CITY, IOWA SECTION ME - STORM SEWERS MANHOLE FRAME AND LID TO BE NEENAH R-1670 OR AP- PROVED EQUAL.--_____� APPENDIX 'G' BRICK OR CONCRETE AS REQUIRED TO MAX. OF 4° TO MEET STREET GRADE LINE. 24° MAX. HEIGHT OF SPACER RINGS, INCLUDING C.I. MANHOLE FRAME. `GROUT FRAME TO oo I' -II" MIN. e..' 'o • .' a : ' o:•,.:'o. SPACER RING OR: 0 2,-0" ? o'; ° "'o FLAT TOP MANHOLE WALL 'o .'•e• CEMENT MORTAR JOINTS WITH •° RUBBER GASKET AS SHOWN OR•;•_? •�Q' COLD BITUMINOUS COMPOUND o; ;.• JOINTS MADE IN SAME MAN- . • 'o STEP NER AS SEWER PIPE JOINTS WITH 6° STRIP MASTIC PAINT o STEPS ARE NOT RE- •� AROUND OUTSIDE OF JOINT. QUIRED IN STORMO SEWER MANHOLE 48° PRECAST CON - LESS THAN 3 FT. ;.'e 12° MIN. CRETE SECTIONS DEEP. a 16" MAX. CONFORMING TO �• A.S.T.M. SPECIFI- CATION C-75 •° 4' DIA. FOR 24° PIPE a UNDER q•' o'•• 5' DIA. FOR OVER 24° PIPE 10° o .'o•.. D CD TYPICAL MANHOLE 6' OR LESS IN DEPTH _ 10 4% " 5.. NEENAH R -1980E OR �'.c,.•; N d APPROVED b .o• : ° EQUAL 111 Bn 111 _ 10'4" STEP DETAIL 9'7 GROUT FRAME TO SPACER RING OR MANHOLE WALLEQUAL MANHOLE FRAME AND LID TO BE NEENAH R-1670 OR APPROVED 'o. o 'o I-II° MIN. o o, • •o•:. BRICK OR CONCRETE AS RE- QUIRED TO MAX. OF 4° TO 2 -0 MEET STREET GRADE LINE. 24° - ' e' •••• o MAX. HEIGHT OF SPACER ' RINGS, INCLUDING C.I. MAN- HOLE FRAME. o• ' •e• CEMENT MORTAR JOINTS WITH e RUBBER GASKET AS SHOWN OR •°• •�•_ COLD BITUMINOUS COMPOUND -' " 46 PRECAST CON - ° JOINTS MADE IN SAME MANNER o;. CRETE SECTIONS STEP - .a AS SEWER PIPE JOINTS WITH CONFORMING TO •. ;°• 6° STRIP MASTIC PAINT AROUND A.S.T.M. SPECIFI- c OUTSIDE OF JOINT. \ •e: CATION C-75 n o':• 12 MIN. ; • .o. 16 MAX. °.•• 4� DIA. FOR 24° PIPE 8 UNDER •O ° 5; DIA. FOR OVER 24° PIPE e• ' o I0 D ° 'o o.p 'o o. �' •°• 6n TYPICAL MANHOLE 6' OR MORE IN DEPTH NEENAH LL L 1980 8- R-1980 E OR o. APPROVED ..'o'::o:•: 'e:•.. EQUAL tjn n m' STEP DETAIL 9Ff Appendix 'H' 999 Revisions to Design Standards for Public works Improvements Iowa City, Iowa Section VII - Storm Sewers AUDendix 'H' Mean Non -Eroding Velocities Material of Channel Bed Fine sand or silt, non - colloidal Coarse sand, sandy loam, non -colloidal Silty loam or sand loam non -colloidal Clayey loam or sandy clay non -colloidal Fine gravel Colloidal clay or non - colloidal gravelly loam Colloidal, well graded gravel Pebbles, broken stone, shale or hardpan Sodded gutters and 4:1 side slopes Ungrouted cobbles or bituminous paving Stone masonry or gabions Solid rock or concrete Velocity in Feet Per Second New Shallow Deep Construction Ditch Canal 0.5 0.5-1.5 1.5-2.S 0.5-1.0 1.0-1.5 1.8-2.5 0.5-1.0 1.0-1.8 2.0-3.0 1.0-1.5 1.5-2.0 2.3-3.5 1.0-2.0 2.0-2.5 2.5-5.0 1.0-2.0 2.0-3.0 3.0-5.0 1.5-2.0 2.3-3.5 4.0-6.0 1.5-2.5 2.5-4.0 5.0-6.5 1.5-3.0 3.0-5.0 5.0-6.5 2.5-5.0 5.0-7.5 6.0-9.0 5.0-7.0 7.5-15.0 15.0-20.0 15.0-20.0 15.0-25.0 20.0-25.0 /40,96 Measures to Control Velocity of Mean Channel Flow 1. Check dam or ditch check in channel. This may be temporary in order to allow channel aging to occur or to establish soil stabilizing growth. 2. Energy dissipators installed in critical reaches of the stream 3. Crossover driveway with culvert. Measures to Stabilize Channel Side Slopes to Control Erosion 1. Revetment paving with gabions or grouted cobbles. 2. Bituminous or concrete pavement. 3. Soil cement,, lime or bituminous stabilization of adaptable material. 4. Stabilize soil with vegetation that will not obstruct flow. /00/ ORDINANCE NO. 76-2807 AN ORDINANCE REGULATING THE RATE OF DISCHARGE OF STORM WATER RUNOFF: SPECIFYING CRITERIA FOR DETERMINING RUNOFF RATES: ESTABLISHING DEVELOP- MENT STANDARDS FOR THE CONSTRUCTION OF RUNOFF CONTROL FACILITIES: AND SETTING FORTH PROCEDURES FOR THE ADMINISTRATION THEREOF. SECTION I. PURPOSE. It is the purpose of this ordinance to establish maximum rates for the discharge of storm waters into the various watercourses of the City for the purpose of promoting the health, safety and general welfare of the population by minimizing or eliminating dangers of flooding to life and property. It is further the intent of this ordinance that runoff control devices be provided as areas of land are developed or redeveloped for urban use. It is not the intent -Of this ordinance to utilize areas for the sole purpose of storing or detainirig excess storm water, but to permit such areas to be used for other compatible urban uses as well. SECTION II. DEFINITIONS. A. Storm Water Runoff. Water that results from precipitation which is not absorbed by soil or plant material. B. Natural Drainage. Water which flows by gravity in channels formed by the surface topography of the earth prior to changes made by the efforts of man. C. Excess Storm Water. That portion of storm water runoff which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed. D. Excess Storm Water Passage. A channel formed in the ground surface to carry storm water runoff through a specific area. E. Storm Water Runoff Release Rate. The rate at which storm water runoff is released from dominant to servient land. F. Storm Water Storage Area. An area designated to temporarily accumulate excess storm water. G. Tributary Watershed. The entire catchment area that contributes storm water runoff to a given point. H. Dry Bottom Storm Water Storage Area. A facility that is designed to be normally dry and which accumulates excess storm water only during periods when the restricted storm water runoff release rate is less than the storm water inflow rate. I. Wet Bottom Storm Water Storage Area. A facility that contains a body of water,and which accumulates excess storm water during periods when the restricted storm water runoff release rate is less than the storm water inflow rate. a. Control Structure. A facility constructed to regulate the volume i,F storm water runoff that is conveyed during a specific length of time. vrainance No. ��-'•vvi page 2 K. Positive Gravity Outlet A term used to describe the drainage of an area in a manner that: will ensure complete removal of all surface water by means of natural gravity. L. Safe Storm Water Drainage Capacity. The quantity of Storm water runoff that can be transported within a channel, passage, conduit, tube, duct, or com- bination thereof in such a manner that the elevation of the water does not rise sufficiently above the level of the adjacent ground surface so as to cause damage to structures or facilities located thereon. M. Low Flow. The transport or flow of a normal or usual volume of storm water as opposed to a high or peak volume which would utilize overflow facilities. N. CitY. The City of Iowa City, Johnson County, State of Iowa. O. Director of Public Works. The Director of Public Works or his/her designate. SECTION III. REGULATIONS. The Department of Public Works of the City of Iowa City, Iowa, shall develop and establish written policies, procedures, criteria and regulations concerning the inspection, determination and approval of the standards for the construction and/or development of storm water manage- ment structures. Such rules and regulations shall be adopted by resolution by the City Council. SECTION IV. ADMINISTRATION. A. Prior to the construction of any storm water control structure or orm water deten facility on the construction or development site, the d oper shall obtain a b ' ding permit. No such permit shall be issued unt' the following documents have been mitted to the Director of Public Works a approved: 1. Plans and pr opo methods for th erosion. preve on and/control of soil erosion. a 2. Plans, specifications and culations for the control of storm water runoff as required this ordin a and any rules and xegula- tions promulgated by the Di ctor. W B. No building its for habitable structures shall be sued for any development or re , elopment not complying with this ordinance. C. y decision of the Director shall be pursuant to written specifi tion nd regulations as adopted by the City Council. SECTION V. ADMINISTRATIVE REVIEW. Any person affected by any decision of the Director which has been given in connection with the enforcement of any provision of this ordinance may request, and shall be granted, a hearing on the matter before the Housing Appeals Board, provided that such person shall file in the office of the Director a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. Upon receipt of such petition, the Director shall set a time and place for such hearing and shall give the Petitioner written notice there)f. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such decision should be modifiad or 1603 Page 3 withdrawn. The hearing shall be commenced not later than thirty (30) days after the date on which the petition was filed. After such hearing, the Housing Appeals Board shall sustain, modify or with- draw the decision of the Director, depending upon its findings. The proceedings at such hearing, including the findings, and decision of the Housing Appeals Board, shall be summarized, reduced in writing and entered as a matter of public record in the office of the Director. Such record shall also include a copy of every notice or order issued in connection with the matter. No hearing shall be valid unless a majority of the Board is present and no decision at a hearing shall be valid and binding unless reached by a majority of the whole Board. Following the decision of the Housing Appeals Board, all parties shall be notified of the decision by delivery to them of a copy of such decision by personal service or by certified mail, return receipt requested. Any person aggrieved by the deci- sion of the Housing Appeals Board may seek relief therefrom in any court of competent jurisdiction, as provided in the laws of this State. An appeal pursuant to this section shall not stay the effect of the Director's order unless so ordered by the Housing Appeals Board. SE''CTION VI. APPLICATION This ordinance shall apply to any residential development comprising a gross aggregate area of two (2) acres or more or to any commercial, industrial, institutional, governmental, utility or other development. or redevelopment comprising a gross aggregate area of one (1) acre or more. The gross aggregate shall include streets and other dedicated lands. SECTION VII. EMERGENCY. Notwithstanding any other provisions of this ordinance, whenever in the judgment of the Director of Public Works a condition occurs in a storm water storage area that creates a dangerous and imminent health and safety hazard, the Director shall order such action as shall be effective immediately or in the time and manner prescribed in the order itself. SECTION VIII. GENERAL REQUIREMENTS. A. Storm Water Release Rate The controlled release rate of storm water runoff shall not exceed the existing safe storm water drainage capacity of the downstream system as determined by the Director. The release rate shall be the average value computed with excess storm water representing 50% of the available storage volume. Such release rate shall be computed as a direct ratio of the area of the tributary watershed and shall not exceed 0.15 cubic feet per second per acre drained. Where a proposed development contains only a portion of a watershed or Portions of several watersheds, storage requirements shall be based up-Dn the proportion of the area being developed as compared to the entire watershed tributary to the proposed storage area. Where it can be demonstrated by the Developer that a higher storm water release rate will not be contrary to the purpose and intent of this ordinance and where such proposed release rate will not adversely affect properties in the down- stream portion of the watershed, the Director may permit such release rate to be used as deemed appropriate. Ordinance No. /o-4?"' _ Page 4 B. Excess Storm Water Passage. 1. An excess storm water passage shall be provided for all storm water storage areas. Such passage shall have capacity to convey through the proposed development the excess storm water from the tributary water- shed. The capacity of such excess storm water passage shall be constructed in such a manner as to transport the peak rate of runoff from a 100 year return frequency storm assuming all storm sewers are inoperative, all upstream areas are fully developed in accordance with the City's current land use plan, and that antecedent rainfall has saturated the tributary watershed. 2. No buildings or structures shall be constructed within such passage, however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility easements and other open space uses shall be considered compatible uses. In the event such passageway is reshaped or its capacity to transport excess storm water otherwise restricted, the Director shall notify the agency, party or parties causing said restriction to remove the same, and set a reasonable time for its removal. If said presons refuse to or are uneible to comply with said order, the Director shall cause said restrictions removed at the expense of said persons. 3. Where a proposed development contains existing natural drainage, appropriate land planning shall be undertaken to preserve said natural drainage as part of the excess storm water passage. ,I,� 1l �T nn11.. 1 6,o W f\ a& `1 F' VE f% 1(- CA00 Mt\oa C. Determination of Stora a Ca acit The volume of required storm water storage shall be calculated on the basis o the runoff from a 100 year return frequency storm. Such calculation shal be made in accordance with the hydro - graph method of analysis 8es- n --- - - - Y *994 or other method approved by the Director. The applicable storm water .runoff release rate shall be considered when calculating the required storm water storage capacity. D. Compensating Storage. In the event the orderly and reasonable develop- ment of an area requires the storage of excess storm water to be located elsewhere, compensating storage (the storage of an equal volume of excess storm water) may be provided at an alternative location provided, however, that the feasibility and details of storm water control shall be approved by the Director. E. Easements. Easements which cover excess storm water passages, storm water storage areas and other control structures shall be granted to the City for the purpose of repair, alteration or to insure their.proper operation, however, the City shall reserve the right not to accept such easement or any portion thereof. SECTION IX. DRY BOTTOM STORM WATER STORAGE AREAS. A. Design Criteria. 1. Primary and Secondary Uses. Dry bottom storm water storage areas shall be designed to serve a secondary purpose for recreation, open space, parking lot, or similar type of use that will not be adversely affected by occasional intermittent flooding. /eo•sr Ordinance No. Page 5 2. Drain System. A system of drains shall be provided to transport low flow storm water runoff through storage areas. Such drainage systems shall have a positive gravity outlet to a natural passage or storm drain with adequate capacity as described in Section VIII, subsection B. Multiple outlets from a storm water storage area are to be avoided if the outlets are designed to be less than four (4) inches in diameter. 3. Storage Duration. The combination of storage of excess storm water runoff from a 100 year return frequency storm and the allowable release rate shall not result in a storage duration in excess of forty-eight (48) hours. 4. Grades. Where turf areas are used for the bottom of dry bottom storage areas, the minimum grades for such areas shall be two (2) pprcent (5C units horizontal to 1 unit vertical). Maximum side slopes for t=f shall be twenty-five (25) percent (4 units horizontal to 1 unit vertical). Storage area side slopes shall follow the natural land contours in order to minimize the amount of earth work necessary to create the storage facility. 5. Erosion Control. Erosion control measures consisting of mulch, hydro -seeding, nurse crops, sod installation or other approved means shall be utilized to control soil movement within and around the storage basin. Energy dissipating devices or stilling basins shall be provided to ensure that downstream soil erosion is alleviated and the regime of the down- stream drainage facility is not disturbed. 6. Control Structures. Control structures shall be designed as simple as possible and shall not require manual adjustments for normal operation. Control structures shall be designed to maintain a relatively uniform flow independent of storm water storage volume. Inlet structures shall be constructed in such a manner to prevent high velocity flow; to provide for the interception of trash and debris and for soil erosion control. Inlets shall be designed to eliminate turbulent flow conditions during any portion of the storm water storage cycle. Overflows for each storm water storage area shall be provided in the event a storm in excess of the design capacity occurs. Such overflows shall be constructed to function without specific attention and shall become part of the excess storm water passage. SECTION X. WET BOTTOM STORM WATER STORAGE AREAS. A. Design Criteria. Wet bottom storm water storage areas shall be designed in accordance with the design criteria governing the construction of dry bottom storm water storage areas, except for drains as required by Section IX.A.2. The following additional regulations shall apply: 1. Construction. The water surface area shall not exceed 1/10 of the tributary watershed. Minimum normal water depth shall be four (4) feet. If fish are to be used to keep the pond clean, at least 1/4 of the pond area shall have a minimum depth of ten (10) feet. Facilities shall be provided to lower the pond elevation by gravity flow for cleaning purposes and land/water interface maintenance. Protection of the land/water interface shall be provided to alleviate soil erosion due to wave action. 2. Control Structures. Control structures for storm water release shall operate at their maximum rate with only minor increases in the water surface level. 3. Stagnation Control. Measures shall be included in the design to prevent pond stagnation. Such measures may include fountain aeration or other approved means to ensure aerobic pond conditions. 4. Determination of Storage Capacity. When calculating the storage capacity of wet bottom storage areas, only the volume available to store excess storm water shall be considered. Permanent water storage'does not constitute control of excess storm water runoff. SECTION XI. MISCELLANEOUS STORM WATER STORAGE AREAS. A. Paved Surfaces. Paved surfaces, including automobile parkinglots in proposed storm water storage areas shall have minimum grades of one (1) percent (100 units horizontal to one (1) unit vertical) and shall be limited to storage depths of one and one-half (1-1/2) feet maximum. Pavement base design an(! construc- tion shall be accomplished in such a manner as to prevent damage from flooding. Control structures in paved areas shall be accessible for maintenance and clean- ing. The use of vortex control facilities at inlets to ensure that the maximum allowable release rates are being developed shall be required as necessary. Where parking areas are used to store storm water, the areas of greatest depth shall be restricted to the more remote, least used areas of the parking facility. H. Rooftop Surfaces. Rooftop storage of excess storm water shall be designed with permanent -type control inlets and parapet walls to contain excess storm water. Adequate structural roof design shall be provided to ensure that roof deflection does not occur which could cause roof failure. Overflow areas shall be provided to ensure that the weight of stored storm water will never exceed the structural capacity of the roof. C. Underground Storages Underground storm water storage facilities shall be designed for easy access to accommodate the removal of accumulated sediment. Such facilities shall be provided with positive gravity outlets. SECTION XII. CONTROL IN EXCESS OF REQUIREMENTS- Provision E UIREMENTS Provision of Control Exceeding Requirements In the event storm water runoff control can be provided in excess of the requirements of this ordinance and the benefit of such additional control would accrue to the City of Iowa City at large, the City may provide public participation in the increased cost c' the control of storm water runoff in proportion to the additional benefits received. 1067 Ordinance No. 76-2-- Page 6 Page 7 SECTION XIII. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION XIV. SEVERABILITY CLAUSE. If any section, provision or part of the ordinance shall be ajdudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any section, provioion or part thereof not adjudged invalid or unconstitutional. SECTION XV. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by deProsse and seconded by Perret that the Ordinance be finally adopted, and upon roll call there were: ALES: NAYS: ABSENT: x Balmer x deProsse r, Foster x Neuhauser x Perret x Selzer x Vevera ^ ayor AiTtST: OdL-, , a��— ) City Clerk First Consideration 8/24/76 Vote for passage: Neuhauser, Vevera, deProsse, Foster: Aye. Selzer, Balmer: Nay. Perret: Absent. Second Consideration 1/76 Vote for passage: Foster, Neuhauser, Perret, Vevera, deProsse: Aye Selzer, Balmer: Nay. None absent Date of Publication Se.gfewm.0er LO, 19174o Passed and approved this 7th day of September , 1976. paa8' ORDINANCE NO. 76-2816 AN ORDINANCE AMENDING ORDInnON E NO. 76-2807 WHICH REGULATES THE RATE OF DISCHARGE OF STORM;ViTER RUNOFF BY ENACTING A NEW EFFEC- TIVE DATE OP SAID ORDINANCE AND REPEALING SECTION XV OF ORDINANCE NO. 76-2807. SECTION I. PURPOSE. The purpose of this ordinance is to amend Ordinance No. 76-2807 which regulates the rate of discharge of storm water runoff by enacting a new effective date for said regulations. SECTION II. AMENDMENT. Section XV shall now state as follows: This Ordinance shall become effective on the 6th day of November, 1976. SECTION III. REPEALER. Section XV of Ordinance No. 76-2807 is hereby repealed and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Balmer and seconded by deProsse that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera ATTEST:/ City Clerk,/) First Consideration Second Consideration Date of Publication Mayor It was moved by Balmer and seconded by deProsse that the rule requiring the Ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived, and that the ordi- nance be voted upon for final passage at this time. Poll call: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer: Al Nays: none. Notion adopted, 7/0. Passed and approved this 2nd day of November , 19 76 , Y..:. .-1 F.BI ,j,,: ��� . -3 A ;DINANCE AMENDING THE ADMINIS- ION A.._ .'ROCEDURES AS STATED FORTH IN ORDINANCE NO. 76-2807 WHICH REGULATED THE RATE OF DLSCHARGE OR STORM WATER RUN- OFF. Section 1. Purpose. The purpose of this ordiance is to clarify and make more specific the administration of the various regulations and procedures as set forth in the storm water management ordinance,Ordi- nance No. 76-2807, Section 2. Amendment. Section IV of Ordinance No. 76-2807 shall now read as follows: SECTION IV, ADMINISTRATION, A. Immediately after preliminary plat appro- val, preliminary P:A,D, LSRD, or LSNRD approval, or building permit approval, which- ever comes first, and in all cases before site work begins, the developer shall submit the following documents to the Public Works Director for approval: 1, Plans and proposed methods for the prevention and control of soil erosion for the entire development. 2. Plans, specifications, and all calcula- tions for the control of storm water runoff as required by this ordinance and any rules and regulations promulgated by the Director. D. The original developer shall be responsible for the implementation and performance of ero- sion control measures for the time span from the start of preliminary grading until sale of lots ' or land to a purchaser. After commencement of lot or land sales, the actual owner of any lot or land within a development shall be respon- sible for the prevention and control of soil erosion for that parcel of land. C, No building permits for habitable structures shall be issued for any development or rede- velopment not complying with this ordinance. D. Any decision of the Director shall be pur- suant to written specifications and regulations as adopted by the City Council. Section 3, Repealer. Section IV of Ordinance No. 76-2807 is hereby repealed and any and all ordi- nances or parts of ordinances in conflict with the provisions hereof are hereby repealed. Secti.c , Seyerabili.ty: I.f any secti. provision or pare uf the Ordinance shall be adju.,,J to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjud- ged invalid or unconstitutional. Section 5. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted thisl3th day of September, 1977. b -I MARY C. JE HAUSER, f, YOR ATTEST: i}J� ABBIE S LF ITY CLERK It was moved by Foster , and seconded by Perret that the Ordi- nance be adopted, and upon roll call there were! AYES: NAYS: ABSENT: x Balmer cx deProsse x Foster x Neuhauser x Perret x Selzer x Vevera 1st consideration 8/30/77 Vote for passage: Ayes: Balmer, deProsse, Foster, Neuhauser Perret, Vevera. Nays: none. Absent: Selzer. 2nd consideration 9/6/77 Vote for passage: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse. Nays: none. Date of Publication F.ECEIVED it S=0=—. I .G zL D EtFJUTI d._'.NT RESOLUTION NO. 81-253 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Rosebud, 505 E. Burlington Central Pharmacy Center, 701 East Davenport St. The Hilltop Lounge, 1100 North Dodge St. It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 6th day of October , 19 81 Attest: aye -e - City Clerk 'Iiv3 RESOLUTION NO. 81-25._ RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Denny's University Phillips 66 at 25 W. Burlington in Iowa City, Iowa, has surrendered cigarette permit No. 82-140 , expiring June 30th , 19 82 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. 82-140 issued to Denny's University Phillips 66 be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $ 50.00 payable to Hawkeye Amusement Co. as a refund on cigarette permit No. 82-140 It was moved by Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES:Aj�YS: BSp ENT; Balmer X Lynch X Erdahl X Neuhauser x Perret X Roberts X Vevera X Passed and approved this 6th day of October 19 81 Attest: ccc� ioisZ RESOLUTION N0. 81-255 RESOLUTION ACCEPTING THE AORK FOR THE CBD ALLEY PAVING - PHASE I, BLOCKS 102 AND 103 O.T. WHEREAS, the Engineering Department has recommended that the im- provement covering the CBD Alley Paving - Phase I, Block 102 and as included in a contract between the City of Iowa City and Metro Pavers. Inc. of Iowa City, Iowa dated June 29, 1981 , be accepted, AND WHEREAS, the Council finds the improvementisin place and does comply with the requirements for such improvements, f AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Vevera that the resolution as re e a opt , and upon roll call ere were. AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 6th day of October_ yor � ATTEST: City Clerk 44 19 81. Received & Appmved By The Legal Department Do loll 16 1 RESOLUTION NO. 81-256 RESOLUTION ACCEPTING THE SANITARY SEWER FOR COURT HILL - SCOTT BOULEVARD, WHEREAS, the Engineering Department has certified that the following improvements have been ccrrpleted in accordance with plans arra specifications of the City of Iowa City, The sanitary sewer for Court Hill - Scott Boulevard, Part 8 as built by Knowling Brothers Contracting Company. AMID WHEREAS, Maintenance Bonds for $8,810.00 are on file 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. It was moved by Perret and seconded by Vevera that the Resolution as read be accept , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 6th day of Octobe r , lg 81 Mayor ATTEST: r� City Clerk Received A Approved 4BYTheLegal 170(a RESOLUTION NO. 81-257 RESOLUTION AUTHORIZING CONVEYANCE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY (A PORTION OF SCOTT BOULEVARD RIGHT-OF-WAY LOCATED SOUTH OF COURT STREET). WHEREAS, the City of Iowa City owns real property hereinafter described by Attachment A and incorporated by reference herein; and WHEREAS, the City Council of the City of Iowa City has adopted an ordinance vacating the above described street right-of-way; and WHEREAS, the City Council proposes to convey the above described real property to Plum Grove Acres, Inc. subject to retaining existing easements and subject to an acquisition agreement approved by Resolution 81-210; and WHEREAS, a public hearing on the proposed conveyance was held on the 6th day of October, 1981, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, with publication of notice as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That the City proposes to convey the above described real estate to Plum Grove Acres, Inc. as described above by Attachment A. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate quit claim deed conveying the above described property to Plum Grove Acres, Inc. It was moved by Vevera and seconded by Neuhauser that the resolution a' s read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of October 1981. v A OR ATTEST: MY CLERK- Reaeh ad & Approved By The Legal Department 1617 ATTACHMENT "A" '^ 50 _ n 500.04 N88°3013"E 45.00 ti N88°3013 E 400.03 m POINT OF 1 BEGINNING u POINT r B?GINNING 132°270" `420"G SCALE I"=100 M1 DESCRIPTION OF SEIIER EASEIlE11T 0 M1 Commencing at an iron pin that marks the till Cor. of Sec. 18, T79N, R51.1, of the 5th P.M., Johnson County, Iowa; thence 1188° 30'13"E 50.00 Feet; thence 500043'39"E w 35.00 Feet to the point of beginning; thence S00043'39"E 135.00 Feet; thence r. S89016'21"11 45.00 Feet; thence 1400043' a 39"11134.39 Feet; thence 1488030'13"E 45.00 Feet to the point of beginning, said tract contains 0.14 acres more or less. DESCRIPTION OF TRACT TO BE CONVEYED Beginning at an iron pin that marks the 1111 corner of Section 18, T79H, R511, of the 5th P.M., Johnson County, Iowa; thence d88030'13"E 50.00 feet; thence S00043'39"E 35.00 feet to the point of beginning; thence S00043'39"E 710.07 feet; thence N89028'11"11 45.01 feet; thence N00043'39"11 708.48 feet: thence 1188030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. 1 further certify that the plat as shown is a correct representation of the survey and all corners are marked as indicated. bed anisprn /to before me this c�': qday of 19 SA ryrubnc,-in analTor the State OT 10r r:� MTCOMIAMION30 Eaats 1111S P339-022 /04 RESOLUTION NO. 81-258 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR HY-VEE/DRUG TOWN AND CONTRACTORS TOOL AND SUPPLY, IOWA CITY, IOWA. WHEREAS, the owner, Contractors Tool and Supply Company has filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended preliminary and final LSNRD plan for the following described premises located in Iowa City, Iowa, Johnson County, Iowa, to wit: Lot 1, Boyrum Subdivision more particularly described as follows: Commencing at a point which is N87°29"40' E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; thence N87°29"40' E, 715.05 feet along the south line of the Southeast Quarter, Section 15-79-6; thence NOO°17"00' W, 363.30 feet; thence S89°43"00' W, 166.00 feet; thence N00°17"00' W, 99.94 feet; thence 5890411100' W, 66.00 feet to the Southeast Corner of said Lot 1 and the Point of Beginning; thence S89°41"00' W, 711.46 feet to a point 14.00 feet normally distant from the Center line of a Chicago, Rock Island and Pacific Railroad branch line; thence NO3°51"00' W, 250.00 feet; thence NO2°58"22' W, 189.61 feet; thence NO2°58"22' W, 53.22 feet; thence S72°57"14' E, 72.52 feet along a line 100 feet normally distant from the Center line of U.S. Highway 6; thence Southeasterly, along said line, 720.47 feet along a 14,225 foot radius curve, concave southwesterly, whose 720.39 foot chord bears S71°30"16' E, to a point on the Westerly Right of Way of Boyrum Street; thence Southwesterly along said Right of Way line 183.78 feet, along a 533.00 foot radius curve, convave easterly whose 182.87 foot chord bears SO4°35"40' W; thence S05°17"00' E, 10.36 feet; thence Southwesterly 40.75 feet along a 467.00 foot radius curve concave Westerly whose 40.74 foot chord bears S02047"00' E; thence S00°17"00' E, 4.93 feet to the Point of Beginning. Said tract of land containing 6.12 acres. Also: (Tract 1) Commencing at a point which is N87°29"40' E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79N, Range 6 West; thence N87°29"40' E, 715.05 feet along the South line of the Southeast Quarter, Section 15-79-6; thence NOO°17"00' W, 363.30 feet; thence S89043"00' W, 166.00 feet; thence N00°17"00' W, 99.94 feet; thence S890411-00' W, 697.40 feet to the Point of Beginning; thence S03051"00' E, 85.06 feet; thence 589'41"00' W, 80.06 feet; thence NO3051"00' W, 85.06 feet; thence N89°41"00' E, 80.06 feet to the Point of Beginning. Said tract of land containing 0.156 acres. Also: (Tract 2) Commencing at a point which is N87°29"40' E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; thence N87°29"40' E, 715.05 feet along the South line of the Southeast Quarter, Section 15-79-6; thence N00°17"00' W, 363.30 feet; thence S89°43"00' W, 166.00 feet; thence NOO°17"00' W, 99.94 feet; thence S89041'00' W, 230.37 feet to the Point of Beginning; thence S00°17"00' E, 84.90 feet; thence S89041"00' W, 461.74 feet; thence NO3051"00' W, 85.06 feet; thence N89°41"00' E, 467.03 feet to the Point of Beginning. Said tract of land containing 0.905 acres. /D/f vo WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said amended large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and, WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances by the City of Iowa City, Iowa. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. That the said plan is hereby approved as an amended large scale non- residential development. 2. That said amended large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. It was moved by Vevera and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of October 1981. YOO ATTEST: CITY -CLERK Received 8 Approved By The Legal Department R o /0a 0 September 23, 1981 L LS SEP2 41981 AMENDED PRELIMINARY & FINAL L.S.N.R.D. PLAN ABBIE STOLFUS HY-VEE / s DRUG TOWN CITY CLERK CONTRACTORS TOOL & SUPPLY q-/„. OWNERS: Mary L. Boyd Frieda Rummelhart 601 S. Gilbert Iowa City, IA 52240 OWNERS' & DEVELOPERS' ATTORNEY: iolm D. Cruise 311 Iowa Avenue Iowa City, IA 52240 ENGINEER: MMS Consultants, Inc. 465 Highway 1 West Iowa City, IA 52240 DEVELOPER: Contractors Tool & Supply Co. 1430 Waterfront Drive Iowa City, IA 52240 SUBJECT: Amended Developers' Statement of Intent [This Amended Developers' Statement of Intent is prepared and filed to correct an error in the previous statement concerning the description of the property.] Purpose. The Developer, Contractors' Tool & Supply Co., is.seeking the approval of its Amended Preliminary & Final L.S.N.R.D. Plan for the sole purpose of enabling it to secure a building permit for a proposed storage building to be located just South of the present Contractors' Tool & Supply Co. building. The previously approved L.S.N.R.D. plan remains unchanged except for the addition of two tracts of land containing 0.156 acres and 0.906 acres respectively. These tracts are described as "Tract 1" and "Tract 2" on the attached legal description and lie adjacent to and immediately South of the existing L.S.N.R.D. Each Tract and the proposed building are shown on the amended plan. Ownership. The property owners are Mary L. Boyd and Frieda Rummelhart who concur in this application for approval of the Amended Plan. Description of Proposed Development. The new development will consist of a 36 foot by 100 foot pole building to be constructed on the two tracts. The proposed building and tracts are shown on the Amended Plan. An existing chain link fence surrounds the tracts and much of the land is covered with crushed stone material. -z - The building will be used for storage incident to and accessory to the existing Contractors' Tool & Supply building. Time Schedule. The proposed building will be constructed as soon as the plan is approved and a building permit obtained. The work should be completed within four to six weeks. Dedication of Land. No land in connection with this amendment will be dedicated for public use. Paving of Streets. No public streets abut the land subject to this Amended Plan. CONTRACTORS' TOOL & SUPPLY CO. / 1 � BY: ii , J n D. uise, Attorney /O0?0Z - .� CCC 1 • _ �� rt . 1 2 � •Ing. D j' 2- . Y �2 LAJ1 L • C H VC o ti- ♦�ll � �_. � I 11JI_J t ' OM0 FR.I ' II l REQUEST JUL-V 1977 s—Qo i SCAL.r. i": G6o a RESOLUTION NO. 81_259 RESOLUTION AUTHORIZING E)=ION OF AN AGREEMENT WITH THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Cedar Ra ids and Iowa Cit Railwa Co. , a copy of said agreement being La to a Reso u on s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement which involves the construction and maintenance of the proposed rubberized crossing on Gilbert Street at Lafayette Street. 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 Cedar Rapids and Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved byRob and seconded by Resolution be adopted, ar upon ro call there were: AYES: NAYS: ABSENT: X X X X X X X Passed and approved this BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Erdahl the 6th day of October 1 1981, � 4 Mayor ATTEST: ' City Clerk Received a Approved B The Lego Department _ 0 A G R E E M E N T between The City of Iowa City, Iowa and The Cedar Rapids and Iowa City Railroad Co. covering Construction and maintenance of a street -railway grade crossing at South Gilbert Street in Iowa City. The .Gilbert St. crossing is located at Mile post 0.14 (Hills Branch), 2600 feet Northerly measured along the centerline of the railroad R.O.W. from the Highway 6 crossing on the branch line from Iowa City to Hills. South Gilbert Street Johnson County, Railroad Crossing Improvements Iowa zpas- AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the Cedar Rapids and Iowa City Railroad Co., hereinafter called the Railroad; WITNESSETH: that WHEREAS, the City is planning to improve the existing South Gilbert Street crossing at no cost to the Railroad; � e NOW THEREFORE, in consideration of these premises and the mutually dependent covenants herein contained, the parties hereto agree as follows: SECTION I. The City, at its own expense, will award a contract for construction of the crossing improvements as shown on plans, attached as Exhibit "A" and will supervise and furnish engineering and inspection for all work performed thereunder. More specifically, such work shall cover and include the following items: Perform all grading and paving for the public street, including north and south approaches to the track crossing, necessary drainage facilities and other incidental or related public street facilities. Furnish all material and labor to install an "at grade" crossing acceptable to both the City and the Railroad, including all related track work. SECTION II. Watchman or flagman service necessary to protect the Railroad's traffic or other property in connection with work performed hereunder shall be furnished by the Railroad at the City's Contractor expense. The actual cost of such service and the expense of installation of any temporary grade crossing, other than established crossings, required by and for the use of the City's contractor under this agreement, shall be borne by the City's contractor. SECTION III. The City will require its contractor to use all possible care to avoid accident or damage to the Railroad's trains or other property, and to avoid delay to the Railroads' normal operations, as /oe2 4 determined by the Railroads' Engineer or their authorized representative(s). The City will require its contractor, upon completion of the work, to remove from the Railroads' right-of-way all machinery, equipment, temporary buildings, falsework or rubbish left the Railroads' right-of-way all machinery, equipment, temporary buildings, falsework or rubbish left by virtue of said contractor's operations, and to leave the premises in a neat condition, satisfactory to the Railroads' Engineer or their authorized representative(s). All work herein provided to be done by the City's contractor on the Railroads' right-of-way se hall be done under the supervision, inspection and direction of the City's personnel to the satisfaction of the Railroads' Engineer or their authorized representative(s). SECTION IV. Protection for the benefit of the Railroad shall be provided as follows: The City will require its contractor to provide, for and in behalf of the Railroad, Railroad Protective Insurance for damages because of bodily injury to or death of persons and injury to or destruction of property resulting from the operations of the contractor, subcontractors, or their employees on the project, such insurance (written in the limits as shown below) to be approved by and acceptable to the Railroad with a copy of each policy so required to be furnished the Railroad. The form of insurance to be furnished shall be executed by an insurance company qualified to write the same in the State of Iowa. Bodily Injuries & Death Coverage Property Damage Coverage $500,000 each person $500,000 each occurrence $1,000,000 each occurrence $1,000,000 aggregate SECTION V. Upon completion of the project, the City will maintain the public street and all related street facilities; and the Railroad shall maintain all railroad facilities, including, but not necessarily limited to, the rubberized crossings being extended hereunder at grade across the tracks. In the event of cessation of train operations over these crossings, the Railroad will, at their own expense, fill any voids and create a smooth -riding and safe /0,?7 Go crossing of a comparable type, size and strength to that of the adjacent highway. In the event the Railroad fails to effect proper restoration of said crossings as provided herein within a reasonable time, then, in such event, the City shall perform the work, and the cost thereof shall be assessed to and paid by the Railroad. SECTION VI. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their authorized officers as of the dates below indicated. Executed by the Vice -President this /& day of , 198/ WITNESS a0l STATE OF IOWA 55 COUNTY OF LINN ) ODIE R. WOODS, Vice -President and General Superintendent of the CEDAR RAPIDS AND IOWA CITY RAILROAD COMPANY ti 6� , A_D_, 1981, personally appeared ODIE On this /�7 day of fay VR. ice -President and that lsaid yAk oinstrumentT wash signedme u and executed by hiworn did say m as he T voluntary act and deed. . �12Z'�SLAV.'Q�.L..L Notary P 1Tc Tn and for said County Executed by the City of Iowa City FOR TIE IOWA Y this 6thday of October s Y OF Iowa City 19 al Mayor, C'ty 'i ATTE �CIiY'CLERK Q Received & Approved sy The Legal Department STATE OF IOWA ) 3e SS JOHNSON COUNTY ) 1'0A9 of On this 6th day of October. A.D., Ig 81 personally appeared John R. Balmer & Abbie StolfpSto me personally known, who being duly sworn did say they are Mayor and City Clerk of the City of Iowa City, and they are duly authorized to execute this agreement as the said City's voluntary act and deed. Notao Public in and for Johnson County State of Iowa RESOLUTION NO. 81-260 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CIVIC CENTER ROOF REPAIR PROJECT WHEREAS, Slade Brothers of Coralville, Iowa, has submitted the best bid 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 Slade Brothers of Coralville. Iowa, , subject to the condition that awardee secure adequate performance bond and insurance certificates. 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 and insurance certificates. It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: x x NAYS: ABSENT: 11J.11wirfl, ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 6th day of October 19 81 -MAY ATTEST: CITY CLERK Received & Approved By The Legal Deparhnont /O�0 CONTRACT THIS AGREEMENT, made and entered into this (o � day of L1 ielecj 19 9/, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Slade Bros. Roofing Co., Coralville, Iowa party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the day of 19 e/, for the Civic Center Roof Repair Proiect. FY82 d under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set -out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. A&V e. Spe...... Provisions f. Proposal g. This Instrument The above components are complementary and what is called ,for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor.'/'&Z' f'tx . tca (60 ) te S a1 L By �d4:4 tet' 71 ✓�C few (Title) Mayor (Title) lrr�r�u� ATTEST: (Title) City Clerk ATTEST: /0.3 0 �G('JiJ L t RESOLUTION No. 81-261 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa D artment of rans rt ti n , a copy of said being attac to s Reno u on s reference made a�f, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation, Highway Division, concerning the Benton Street/Riverside Drive improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CCQNCIL: 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 mored by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: NAYS: 09 X ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 6th day of October 19 81 Mayor ATTEST: City Clerk Received & Approved By The Legal Dep2ftV nB � 03/ ;g�yu-Zumv _;W d o (7ti b� a�7� 7d_?d' 3q �� fn I.IpIRM – L(ll�tl-71'79-V �N�oa�or� ora -42N #t Io�l= /rpd l 'l Zo :La 0 RIGHT OF WAY AGREEMENT FOR CITY STREET RELOCATIONS P,ND/OR RECONSTRUCTION City Proj. No Agreement No Iowa FN -6-7(23)--21-52 81-1-113 This Agree ent is between the City of Iowa City h designated the "qty", and the Iowa Department of Tra Highway Division, ereinafter designated the "D.O.T." The City hereby\ of way for the recons (U.S. 6) intersection The City hereby agr acquired and paid for by be carried out in the fo that the D.O.T. s n of the Benton S lies within the C that said right D.O.T. and sai� ina manner: / In connection with this rights to real estate nece the connection of any city primary highway relocation as well as any access road way if any, which is or wh diction of the City may b and in the name of the C the City shall rece and the City does h Where acquired by c tion proceeding sha acquire real estat by the City fore rights in real e to in accord with ect This Agreeme which so executed -constitute but on j ec sar inafter rt.ation, uire rights verside Drive f way shall be acquisition shall t a 1 real estate and y or right of way at t or alley and a econstruction project, frontage road right of d�i�ll be under the juris- ured by the D.O.T., for Wh re acquired by contract ontract seller t title thereto. joint condemna- he D.O.T. to al estate needed real estate and/or . for the D.O.T., ive itle from the c er y agree to ccep o emnation a si le Yf be instituted t and/or rights in City and to acquire to needed by the D.O. ion 28E.12, Code of I may be executed in two counterparts, each of shall be deemed to be an original\and both shall and the same instrument. /0jz County Johnson Prc.ject No. FN -6-7-(23)--21-52 IN WITNESS -WHEREOF, each of the parties hereto has cecuted Agreement No. X81-1-113 as of the date shown posite it's signature below. City of I wa City Title: I, A bie Stolfus the Clerk of the CI Y, and that Mayor, who signed sai duly authorized to exe Resolution, Resolution adopted by the CITY, o 19 81 Received & App By The Legal Dep / October 6 , 1981 , certify that I am John R. Balmer greeme t for and on behalf of the CITY was to e same by virtue of a formal 0 81-261 duly passed and e 6th day of October City Clerk of wa City , Iowa October 6 19 81 IOWA DEPARTMZNT OF TRANSPORTATION BY: Ri Hi ATTEST: LEA LU Way uirec Division -- - -. - - , . 1033 RESOLImm No. 81-262 RESOL[TTION AlrHORIZING EXEC[TPICN OF OVERWIDTH PAVING AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Br n Mawr Develo ment Com an a Dopy of said a�reemen�t being attac to s Reso u on s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement for overwidth paving of Sunset Street in Bryn Mawr Heights, Part 13. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Bryn Mawr Development Company 2. That the City Clerk shall furnish copies of said to any citizen requesting same. It was moved by Perret and seconded by Roberts the Resolution be adopted, aM upon roll call there were: AYES: NAYS: ABSENT: X BALMER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 6th day of October , 1981. ATTEST: By 7h© Legal Departmer►t 1,431 AGREEMGUT wHtKEAS, Bryn Mawr Heights Development Co -y-1 is the developer of the Bryn Mawr Heights Part 13 an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning 8 Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Sunset Street by paving said street 49 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in.width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has _ determined that the cost of $14.50 per square yard, but not to exceed eight thousand seven hundred and no/100 dollars ($8,700.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of*the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $14.50 per square yard but not to exceed eight thousand seven hundred and no/100 dollars ($8,700.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this day of A.D., 19� CITY OF IOWA CITY, IOWA v- Atte st:w city Clerk F By: Lc/"Y dam"-'+-- , Secretary /03-s RESOLUTION NO. 81-263 RESOLUTION AUTHORIZING EXECUTION OF OVERWIDTH PAVING AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Br n Mawr Develo ment Com an a cePY of said �agreeme�nt being attac to s Reno u on s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for overwidth paving of Aber Avenue in Bryn Mawr Heights, Part 13. 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 Bryn Mawr Development Company 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was mored by Roberts and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: NAYS: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 6th day of October lg 81, / -FIT i• / - I • �� Received & Approved By The Legal Dgmrftmnt 101, 101 7 - V-1 ' -- 1434 AGREE- 'W✓ G.S WHEREAS, Bryn Mawr Heights Development Company is the developer of the Bryn Mawr Heights Part 13 an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Aber Avenue by paving said street 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $14.50 per square yard, but not to exceed fifteen thousand four hundred and no/100 dollars ($ 15,400.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it, is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $14.50 per square yard, but not to exceed fifteen thousand four hundred and no/100 dollars ($15,400.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this day of je,�,Z_—, A.D., 19_ _ CITY OF IOWA CITY, IOWA layor Pr ident Y Attest- By: City Clerk Secretary 14037 RESOLUTION NO. 81-264 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AGREEMENT BETWEEN CITY AND OWNER TO RELEASE AND REDESCRIBE SANITARY SEWER EASEMENT ON PROPERTY OWNED BY ALLEN E. GREB WHEREAS, Allen E. Greb owns property adjacent to Hollywood Boulevard and Boyrum Street in Iowa City, Iowa, which is subject to an existing thirty (30) foot wide sanitary sewer easement; and WHEREAS, Mr. Greb desires to build an extension to a building on said property such that said extension would encroach onto said easement; and WHEREAS, release and redescription of said sanitary sewer easement reducing it to a fifteen (15) foot wide sanitary sewer easement shall not jeopardize the City's existing sanitary sewer. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor is hereby authorized to sign and the City Clerk to attest an Agreement with Owner to release and redescribe an existing sanitary sewer easement located on property owned by Allen E. Greb. It was moved by Perret and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X- Erdahl T- Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of October 1981. A OR ATTEST: 4&- 4 CLERK Received & Approved By The Legal Department /40 s8 .,.,EEMENT REGARDING SANITARY SEWLn uASEMENT This Agreement is made between the City of Iowa City, Iowa, a municipal corporation ("CITY"); and Allen E. Greb, a private person ("OWNER"). WITNESSETH WHEREAS, the OWNER'S property which is adjacent to Hollywood Boulevard and Boyrum Street in Iowa City, Iowa,= is subject to an existing thirty (30) foot wide sanitary sewer easement which crosses said property in a northwesterly direction; and WHEREAS, the OWNER desires to extend a building on said property such that said extension would encroach into the existing said easement; and WHEREAS, relocation of said sanitary sewer easement shall in no way jeopardize the existing sanitary sewer. THEREFORE, BE IT AGREED: 1. The CITY hereby vacates a portion of an existing thirty (30) foot wide sanitary sewer easement. As recorded in Book 212, page 614, of the Johnson County Recorder's Office, the centerline of said existing easement is originally described as follows: Commencing at a point 233 feet North of the SE corner of the SW4 of the SE', of Section 15-79-6, thence Northwesterly to a point that is 484.5 feet North of the South line of Section 15-79-6 and is 638.2 feet West of the East line of the SW', of the SEq of Section 15-79-6 thence West to the East line of the property owned by Lucile M. Boyd and Frieda L. Rummelhart. 2. That portion of the above-described easement lying within the boundaries of the OWNER'S tract of property shall be vacated. The boundaries of the OWNER'S tract is more particularly described as follows: Commencing at a point which is N 87°29'40" E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; thence N 87029'40" E, 715.05 feet along the South line of the Southeast Quarter Section 15-79-6; thence N 00017'00" W, 363.30 feet to the Point -of - Beginning; thence S 89°43'00" W, 166.00 feet; thence N 00017'00" W, 265.01 feet to a point on the Southerly Right -of - Way line of Hollywood Boulevard; thence S 69°48'00" E, 177.20 feet along the Southerly Right -of -Way line of Hollywood Boulevard; thence S 00°17'00" E, 203.00 feet to the Point -of - Beginning. 3. The OWNER hereby grants and conveys to the CITY an exclusive permanent fifteen (15) foot wide easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorporated herein by reference. 4. The OWNER hereby covenants that he is lawfully seized and possessed of the real estate described in "Exhibit A," and that he has a good and lawful right to convey this easement. 5. The 'CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. 6. The CITY shall have the right to trim and remove all trees or bushes which may interfere with the exercise of the CITY'S rights pursuant to this Agreement; however, if valuable timber is removed, it shall continue to be the property of the OWNER. 7. The CITY 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 OWNER. 8. The OWNER reserves the right to use the real estate described in "Exhibit A" for purposes which shall not interfere with the CITY'S full enjoyment of the rights granted in this easement; provided, however, that the OWNER shall not erect or construct any building or /039 2 other s'uiuuture, or drill or operate aijy well, or construct any reservoir or other obstruction within the easement. Nor shall OWNER allow or cause any substantial fill or cut over said easement. 9. The CITY agrees to promptly backfill any trench made by it and repair any damages wi.thin the area subject to the easement. 10. The CITY shall indemnify OWNER against any loss or damage which may occur in the exercise of the easement rights by the grantee except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs or maintenance. 11. 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 perpetual easement shall be recorded at the time of its execution. IN WITNESS WHEREOF,the parties set forth their hand this 6th day of October , 1981. CITY OF IOWA CITY, IOWA OWNER By:�D i iL - ----John Balmer, May Allen E. Gr Attest: v City Clerk OWNER'S ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this day of , 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, County of Johnson, personally appeared , to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My Commission expires: Receivod & Approved Vy The Legal Department 10 Exhibit A � I ; rte__ -,-_ •- • I \Ci1 0 �_ F'f yo�y kU sl I al I `; M H "� \ 1 R/H 650./9 \f FL 642 69 \(' e- 14 \ -14 lam"""C 'r -S Q EFiai Qj 30 Sayfary � I`r5¢w¢r Eas¢menf � \ O°I + N69 JO'37 W /77./i .7' SW Cor SE 1/4 Sec. /5-79-6 Np7"29.40 EV 23740 South /ane SE //4 SeC. Ea/sY- Ppint of Bui/ding e I 3 I ..ab SOgL E u P.E. eb M.H' 2 37.�2' m R/M:653.29 � v Proposed /S• Y Ppint of Beginning 3 ?7' /0.45\�o\iyH ..ab u P.E. eb M.H' 2 �r C m R/M:653.29 o FL: 644.80 The centerline or the 15 foot wide sanitary Bever easement to be retained by the City or Iowa City being nore particularly described as follwsl Con,encing at a point which 1s N67e29'40"E, 237.4 feet from the South.evt Corner of the Southeazt Quarter, Section 15, Township 79 North, Range 6 Vest; Thence 11 87-29140-E, 715.05 feet along the South ling of the Scuthasat Quarter Section 15-79-61 Thence N0001710011W, 363.30 feat to the SE Corner of the above described propartyi Thence N0017100"W9 10.45 feat to a point on the Cantvrline of the Existing 15 inch Sanitary Sewer Line, which point is the Point-of-Saginning of a 15.00 foot Sanitary Sower Easement, the Centerline of which is describad an follows d69=50137"Y, 177.15 feet to s point which is N0817'006V, 72.31 fest of a 5/8" iron pin found, said pin being the Southwaet corner of the above described property. '16441 c...... ,..a seer.: .... n. P.E. . ..�^ ..ab u P.E. eb ...........c.. �. �r C uu: p' e• { _ • ,c. avIs .... C....... s c.. s.. —c... ..e r.... r. over d ner:ion of :re :aseant reo..c ei nn cn. .u. INC un• c- - -c exec^ e• -- ce.• e'46 sa.../•_20- B. r. 9-21-8/ >.a we sSS-002I _••CEL Ir '16441 RESOLUTION NO. 81-265 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT TO PURCHASE 43.7 ACRES MORE OR LESS FROM DONALD AND MARY LOU GATENS AND EUGENE AND PATRICIA MEADE FOR THE RALSTON CREEK -NORTH BRANCH DAM PROJECT. WHEREAS, by Resolution No. 79-532 the Council of the City of Iowa City, Iowa, adopted the Ralston Creek Watershed Storm Water Management Plan, and WHEREAS, storm water storage improvements, including the North Branch Dam, are an integral part of said plan, and WHEREAS, it is necessary to purchase property for the location of the North Branch Dam and related water storage sites, and WHEREAS, the City of Iowa City has negotiated a contract to purchase 43.7 acres, more or less, from Donald J. Gatens, Mary Lou Gatens, Eugene Meade, and Patricia Meade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest a contract to purchase 43.7 acres, more or less, from Donald J. Gatens, Mary Lou Gatens, Eugene Meade, and Patricia Meade for the Ralston Creek -North Branch Dam Project. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 6th day of ATTEST: CITY CLERK Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera October , 1981. Received $ Approved B The legal Department l0 i� t /D Vp- IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE .Official Form No.261/2 ar..•-rs.rs e•v,n.r.• sr sew., goes, OF THIS FORM, CONSULT YOUR LAWYER OFFER TO BUY REAL ESTATE AND ACCEPTANCE CAVEAT. Seller should drat Reg. cgg"S:' uM1e Impact, if any, o/ Fastest Reg. Fy! : Disclose as }o Consumer Cre rt Cos} ]..o+ (Short Form) Disclosure upon }M1ls particular ' fransx}len. Iowa City Iowa, September 28 19 81 TO Donald J. Gatens, Mary Lou Gatens, Eugene Meade, Patricia Meade (Insert names o1 Seller and Spouse) `herein designated as Sellers): THE UNDERSIGNED )herein designated as Buyers) hereby oiler to buy the reel estate situated in Johnson County, Iowa, described as follows: 43.7 acres more or less from a tract of land located in Sec. 2, Twp. 79 N. Range 6 )gest of the 5th P.M., with exact legal description to be taken from survey which is to be furnished by Sellers at Sellers' expense together with any easements and servient estates appurtenant thoreto, but with reservations and exceptions only as follows: (Strike out inapplicable parts, if any, of (a), (b) or (c) below.) In � Title shell be taken subject to applicable zoning restrictions, except as in 1, below; b And subject to any reasonable, customary and appropriate restrictive covenants as may be shown of record, except as in I, below; (c) And subject to easements of record for public utilities, public roads and public highways; (d) And subject to N/A (Liens?) (Mineral reservation of record?) (Covenants of record running with the land?) (Easements not recorded?) (Driveway or other ....meet of r.c.,d7) (Interests of other parties?) (Lessees?) (See paragraph No. 19) for the total sum of YX�6K(b761( 9M5t1xxlR,ftity khmX $6,500.00 per acre with exact acreage to be determined by survey. I. SPECIAL USE. This offer is o7Aun less Buyers are permitted, under any ex;s6ng zoning and building restrictions, immediately to make the following con!Orming use of said real estate / 2. TAXES. Sellers shall pay all regular taxes for 1980-81 due and payable in 1981-82, and Sellers shall pay the pro -rata amount of the 1981-82 taxes payable in 1982-83, prorated to date of possession any unpaid taxes thereon payable in prior years. (Decide for yourself, if that formula is fair if Buyers are purchasing a lot with newly built improvements.) 3. SPECIAL ASSESSMENTS. (a) Sellers shall pay all special assessment& which are a lien on the date of acceptance of this offer." (b) If (a) hereof is stricken, then Sellers shall pay all installments of special assessment, which, if not paid, would become delinquent the year this offer is accepted, and all prior installments thereof. All other special assessments shall be paid by Buyers. 1. INSURANCE. Sellers shall maintain 3 N/A of Poe, windstorm and extended coverage insurance until possession is given and shall forthwith secure endorsements on the policies in such amount making loss payable to the parties as their interests may appear. Risk of loss from such hazards is as Buyers only when and as soon as (1) this offer is signed by both Sellers and Buyers and (2) upon performance of this paragraph by Sellars and (3) alter a copy hereof is delivered to Buyers. (See also paragraphs 10 and 20.) Buyers, if they desire, may obtain additional insurance to cover such risk. 1st November 81 S. POSSESSION. If Buyers timely perform ell obligations in or insurance the day of 19_, possession shall an .rest data he delivered to Be,... rJM1 adjustments of rant, inmrance end interest as of dela of (render of poneuion. If Buyers en laking wbjed to right of Lassoes, so indicate by "Yes' in the spats following: ; in which event, Sellers shall forthwith produce any written lease or leases on said premise for examination, and assignment. a. FIXTURES. (.)AU personal property that integrally belongs to or is ped of said real estate, whether attached or detached, such as light fixture (including fluorescent tubes but not mazda bulbs), shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, dorm sashes, screens, attached linoleum, plumbing fixtures, water hasten, water softeners, automatic heating a uipmenl, air conditioning equipment other than window type, door chimes buil bin items and electrical service cable, fencing, gates and other attachedsterns, bees, bushes, shrubs and plants, shall be considered is pad of mel .stale and included in this sale except N/A (b) Well to wall carpeting fastened to Boor or wells shall be a part of and included in this ale: (c) Outside television lesion and antanna shall be a pad of and included in this sale * 7. ADDITIONAL PROVISIONS. This offer is made subject to the additional terms and provisions of Paragraphs 10 to 23 inclusive, printed on the reverse side hereof, without requirement of additional signatures, but Paragraph 24 or any additional provisions, or any changes of said Paragraphs 10 to 23, inclusive, other than the insertion of the amount of insurance in Paragraph 20, shall require the additional signatures of the parties on the reverse side hereof. B. PURCHASE PRICE. it is agreed that at time of settlement, funds of the purchase price may be used to pay taxes, other liens and to acquire out. standing interests, if any, of other parties. 9. If this offer is not accepted by Sellers on or before be repaid to the Banyan. Buyer The foregoing offer Is accepted this �.��d/aay of le) 0 Seller --- Y 19, it shall become null and void and all payments shell 19_ Buyer's Wife or Husband or Husband 261/2. OFFER TO BUY P-5579 Copyright 1900 by Thelma Slate Bar Assceiasian �.� ® ThuPriof e: Nm•mb.] sme ADDITIONAL PROVISIONS The foregoing offer is subject to the fallowing further conditions and provisions: 10. STATUS QUO MAINTAINED. Said reel estate (and any personal property contracted for) as of data o1 this offer, and in its present condition will be preserved and delivered intact at the time possession is given. Except, however, in case of loss or destruction of part or all of said premises from causes covered by the insurance thereon, Buyers agree to accept such insurance recovery (proceeds to be applied as the interests of the parties appear) in lieu of that port of the damaged or destroyed improvements and Sellers shall not be required to repair or replace same. Buyers shall thereupon complete the con- tract and accept the property. (See paragraphs 4 and 20.) If ABSTRACT AND TITLE. Sellers shall promptly continue and pay for the abstract of title to and including date of acceptance of this offer, end do. live, to Buyers for clam nation The abstract shall became the property of the Buyers when the purchase price is paid in full, and shall show merchantable title in coMormify w'Ih this agreement, the land title law o! the State of Iowa and Iowa Title Standards of the Iowa Slate Bar Association. Sellers shall pay cosh o1 additional abstract ng sad/Or title work due to act or Omin•on of Seller, including transfers of death of Sellers or assigns. 12. DEED. Upon payment of purchase price, Sellers shall convey title by warranty deed, with tarms and provisions as per form approved by the Iowa State Bar Association, free and clear of liens and incumbrances, reservations, exceptions or modifications except as In this instrument otherwise expressly provided. All warranties shall extend to time of acceptance of this offer, with special warranties as to acts of Seller up to time of delivery of deed. 13. FOR THE SELLERS: JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If, and only if, the Sellers, immediately pre- ceding this offer, hold the Lille to the above described property in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by cls of the Sellers (I) then the proceeds of this sale, and any continuing end/oro captured rights of Sellers in said real estate shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and (2) Buyers, in the event of the death of either Sailer agree to pay any balance of the proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller consistent with paragraph ll, above; unless and except this paragraph 13 is stricken from this agreement. 13'/t. "SELLERS." Spouse, if not 'a titleholder immediately preceding this agreement, shall be presumed to have executed this informant only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance wish section 561.13 I.C.A.; and the use of the word "Sell- Cri' in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the Previous interest of such spouse in said property or in the sale proceeds thereof, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 14. TIME 15 OF THE ESSENCE. Time is of the essence in this Agreement. 15. REMEDIES OF THE PARTIES — FORFEITURE — FORECLOSURE — REAL ESTATE COMMISSIONS: (a) If Buyers fail to fulfill this agreement, the SCllers may forfeit the same as provided in the Code of Iowa, and all payments made hereunder shall be forfeited. To the extent in amount of any real estate commission owing by Sellers on account of this transaction all payments made hereunder shall he paid by the Seller to the person entitled, in full discharge of Sellers' obligation for such commission. (b) If Sellers fail to fulfill this agreement, they shall nevertheless pay the regular real estate commission, if any be due, to the person entitled, but ter Buyers shall have the right to have all I payments made hereunder returned to then. (c) In addition to the foregoing remedies, Buyers and Sellers each shall be entitled to any and all other remedies, or action at law or in equity m•tuding foreclosure, and the party at fault shall pay costs and attorney fees, and a receiver may be appointed. 16. EQUITY. If Buyers assume or take subject to a lien an this property, or are purchasing an interest of an equity holder, the Sellers. Or their Broker, or Realtor, shall furnish Buyers with a statement, or statements, in writing from the holder of such lien or interest, showing the correct and agreed balance or balances. 17. If this instrument is to be followed by or to be replaced by an installment reel estate contract, same shall be as per terms and provisions of the Official Form of the Iowa State Be, Association now in effect, but conformable to this instrument. 18. ALLOCATION OF VALUE OF ASSETS. Buyers and Sellers shall cooperate to make a reasonable allocation of values for the assets herein purchased; but failure to reach an agreement shall not in any manner delay or invalidate this contract or its performance. 19. APPROVAL OF COURT. If this property is an asset of any estate, trust or guardianship, this contract shall be subject to Court approval, unless de. clared unnecessary by the Buyers' attorney. If necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter on for hearing for Court approval. (In that event the Court Officer's Deed shall be used.) 20. INSURANCE POLICIES. If Buyers purchase an installment contract, they shall, at their own expense, after possession, keep in effect fire, windstorm and tornado insurance, with extended coverage, for the benefit of the parties hereto, in an amount not less than the unpaid balance of the purchase price, or 3 , whichever may be less. The policies shall be delivered to the Sellers. (See also paragraphs 4 and 10.) 21. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the respective parties. 22. Words and phrases herein including any acknowledgment hereof, shell be construed as in the singular or plural number, end as masculine, feminine or neuter gander, according to Itis contest. 23. SEWER AND WATER. Sellers hereby represent that there Is city water and city sewer accessible to the subject properly sufficient to serdce subject t roperty for the purpose of ;thaut any special connection fees or assessments. 24 OTHER PROVISIONS. (Personal Property?) (Termite Inspection?) Sellers reserve all rights to connect to or hook—on the existing sanitary sewer line if and at such times as Sellers develop the remaining portion of i3- real estate not sold herein. This reservation of rights shall be incorporated into the war- ty deed conveying this property. Buyer does not hereby represent or guarantee in granting said ess that municipal sewer capacity will be available or sufficient at such time as Sellers desire connect or hook -on. [if porpgraph 24 is Insurance in parogro, trivia STATE OF IOWA, __ On fhi day Personally appeared if any changes are made in printed paragraphs 10 to 23 inclusive, other than the insertion of the amount of w, asrequired in paragraph 7 above.) CITY OF IOWA CITY, IOWA B ohn R. Balmer, Mayor Ts , BUYERS ATTEST: SELLERS SELLERS aZ�. COUNTY. ,,: Abbie Stolfus, City Cle A. D. 19—, before me, the undersigned, a Notary Public in and for said County and State, TO me known to be the idenfical persons named in and who executed the within and foregoing instrument "Offer to Buy Real Estate and Acceptance" in it, ens rely and acknowledged that they executed the same as their voluntary act and decd. *See Code §384.65(5) ...................................................... Notary Public in and for said County and State. •Optional provisions: (a) Buyers understand that there is a mortgage of record with present balance of approximately S payable to which mortgage is to be timely paid by Sellers, (b) If Buyers, before paying % on the principal or total price of this sale, shall sell at assign their interest in this instrument, or in the real estate tAherein described, without the wriHen consent of Sellers, which consent shall not be unreasonably withheld, the whole amount due herein, at the option of Sellers, shall immediately became due and payable. (Caveat: If such an accelerating clause is used, consider whether you have elected to proceed by foreclosure rather than by forfeiture.) (c) Buyers will purchase Sellers existing insurance man finned in numbered paragraph 4, above, and pay pro rata for the unexpired portion of said policies,. as of and after date of possession. /d (/9 If— arms lures. .u. r. 335.2 Cd coo. an sow .d.ad. rAi✓. ��CE, RESOLUTION NO. 81-266 RESOLUTION ADOPTING AMENDMENTS TO INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa; WHEREAS, the City of Iowa City adopted a Neighborhood Redevelopment Plan to meet the requirements of Chapter 403 of the Code of Iowa on February 1, 1977, Resolution No. 77-29; WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979, to be eligible for Industrial Revenue Bonds; and WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980, Resolution No. 80-474. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa be amended as follows: To expand the designated area to include the blocks of the Chapter 403 area as shown in Exhibit A; and 2. To include "Policies Applicable to Industrial Projects", attached hereto and incorporated by reference herein. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 6th day of ATTEST: - ITY CLERK Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera October , 1981. •641 / ��� Received & APP10ve8 By Tne legal Department 1 ZS 6 /o �S F. POLICIES APPLICABLE TO INDUSTRIAL PROJECTS 1. Consistent with state law, the City will consider issuance of IRBs for industrial projects as designated below: (a) Certain non-profit facilities (see Chapter 419.2); (b) Facilities that manufacture, process, and/or assemble products; (c) Commercial enterprises in storing, warehousing, and/or distributing; (d) Pollution control facilities for industry, commercial enterprises, or utility companies; (e) And other uses as allowed by state law. 2. Projects requesting IRBs must be located within the legal boundaries of the City. 3. The City will use the information provided by the applicant in the IRB Application Form to evaluate the proposed project in terms of fulfillment of a goals and objectives contained in the Comprehensive Plan. 4. FINANCING CRITERIA The City urges that the applicant, prior to application, make a substantial good faith effort to obtain conventional financing upon such reasonable terms and conditions as prevail in the market place at the time. However, an applicant may choose to apply for an IRB without first seeking conventional financing, but the burden shall be on the applicant to establish that its proposed project serves the public purposes described below. The Staff Evaluation Committee in reviewing such requests may waive the conventional financing requirement and offer a recommendation thereon to the City Council. The City Council shall have sole discretion to approve or to reject such requests for waiver of the conventional financing requirement. /Dx'6 2 5. PUBLIC PURPOSES TO BE SERVED THROUGH ISSUANCE OF IRBs The City will consider and evaluate applications for IRBs on the basis of the following criteria: a. The extent to which the proposed project will create new or preserve existing employment opportunities within the community. b. The extent to which the proposed project with IRBs will increase the City's tax base compared to the extent to which the proposed project without IRBs will increase the City's tax base. C. The extent to which the proposed project will enhance and strengthen the City as a manufacturing location. d. The extent to which the proposed project will upgrade and improve structures, improve site accessability and usefulness, and otherwise provide for the public health, safety and welfare. 6. Furthermore, the total aggregate amount of IRBs outstanding at one time shall not exceed, for industrial projects, 5% of the total assessed valuation of Iowa City. EXHIBIT A UNIVERSITY OF IOWA M -A PROPOSED ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS ST. `• • , 11. min ELIGIBLE CHAP. 403 AREA --------- URBAN RENEI4AL R-14 Boundary outlot 25: Commencing at a point on the eastern boundary of the right-of-way of Gilbert St., marked by the centerline of the Court St. right-of-way extended, north approximately 115' to the northern boundary of the Ralston Creek Village LSRD and following that boundary, N 89° 52'37"W 169.76', S 0°02'00"E 77.00', N89°52'37"W 95.05, Chord N36051'41"W 91.41' to a point intersecting the western boundary of the Van Buren St. right-of-way. :SOLUTION NO. 81-267 RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1982 THROUGH 1986. WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt certain capital improvements planning, sub- ject to annual review and revision: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council of the City of Iowa City, Iowa, does hereby adopt as its Capital Improvements Program for the fiscal years 1982 through 1986 the Capital Improvements Program which is attached to this Resolution and by this reference made a part hereof. It is understood by the City Council of the City of Iowa City, Iowa, that the 1982 through 1986 Capital Improvements Program is subject to annual review and revision consistent with good planning and operating practices of the City of Iowa City, Iowa; that this resolution is an expression of the Council's legislative intent for future projects and planning for the City of Iowa City, Iowa; and the anticipated means of financing said projects, subject to applicable laws and elections upon financing by the voters of the City of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify copies of this Resolution and the appropriate Capital Improve- ments Program adopted to all governmental agencies as required by law. It is moved by Lynch and seconded by Neuhauser that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch y Neuhauser y_ Perret Y Roberts y Vevera Passed and approved this fish day of October , 1981. ATTEST: AYOR CITY CLERK 10 C:P cCuEE�LE F1'82 - FY86 TOTAL PRIOR TO -- AFTER COST ----- FY82 FY82 ------ ------ FY83 FY84 FY85 FY86 ------ ------ ------ ------ FY86 ------ Camp Cardinal Road Bridge 250,000 CITY FACILITIES IMPROVEMENTS Civic Center H.V.A.C. 200,162 143,418 56,744 -- -- -- -- __ Civic Center Roof Repair 88,000 -- 88,000 -- -- -- -- __ Civic Center Handicapped: Accessibility & Space Study 15,000 -- 15,000 Fueling Facility 65,000 -- 65,000 368,162 143,418 224,744 PUBLIC HOUSING IMPROVEMENTS Public Housing Site Acq. 250,000 -- 250,000 BRIDGE IMPROVEMENTS Camp Cardinal Road Bridge 250,000 -- -- -- -- 250,000 -- -- Iowa Avenue Bridge 920,000 -- 70,000 850,000 -- -- -- -- Burlington St. Bridge 1,035,000 -- -- 92,000 943,000 -- -- -- Summit St. Bridge Repair 66,000 16,000 50,000 -- -- -- -- __ 2,271,000 16,000 120,000 942,000 943,000 250,000 -- -- STREET IMPROVEMENTS Scott Boulevard -Phase I 1,307,725 395,104 912,621 -- -- -- -- __ Scott Boulevard -Phase II 600,000 7,602 592,398 -- -- -- -- __ Melrose Corridor Improvements 300,000 -- -- 300,000 -- -- -- -- Ia. Ave./Gilbert St. Signal 20,800 -- 20,800 -- -- -- -- __ Railroad Crossing Improvement 100,000 -- 100,000 -- -- -- -- __ Ilwy. 1 Drainage &Intersection 950,000 -- 596,200 225,000 -- -- -- -- Dubuque & Church Signalization 15,000 -- 15,000 -- -- -- -- __ Sand Road Improvements 435,000 -- -- 435,000 -- -- -- -- 3,728,525 402,706 2,237,019 960,000 -- -- -- -- Cly SCHEDULL FY82 - FY86 Page 2 PARKS & RECREATION IMPROVEMENTS Mercer Park Restrooms 35,000 3,927 31,073 Swimming Pool-City/School 250,000 -- -- 250,000 -- -- -- -- 285,000 3,927 31,073 250,000 -- -- -- -- TRANSIT Accessible Vans 43,520 -- 43,520 -- -- -- -- __ New Transit Garage 3,421,000 -- -- -- -- 1,038,000 2,383,000 -- Bus Fleet Expansion/ Replacement 3,445,415 -- -- -- -- -- 3,445,415 -- 6,909,935 -- 43,520 -- -- 1,038,000 5,828,415 -- TOTAL PRIOR TO AFTER COST ----- FY82 ------ FY82 ------ FY83 FY84 FY85 FY86 FY86 ------ ------ ------ ------ $ $' $ ------ $ $ $ $ $ RALSTON CREEK IMPROVEMENTS North Branch Detention Struc. 917,679 52,743 864,936 -- -- Lower Ralston Creek Channel 2,000,000 1,305,000 695,000 2,917,679 1,357,743 1,559,936 CENTRAL BUSINESS DISTRICT IMPROVEMENTS CBD Alley Project 200,000 40,000 120,000 40,000 -- -- -- __ Linn Street Improvements 250,000 -- -- 250,000 Dubuque Street Improvement 173,000 -- 173,000 Clinton Street Improvement 123,000 -- -- 123,000 -- -- -- __ 746,000 40,000 293,000 413,000 -- -- -- __ PARKS & RECREATION IMPROVEMENTS Mercer Park Restrooms 35,000 3,927 31,073 Swimming Pool-City/School 250,000 -- -- 250,000 -- -- -- -- 285,000 3,927 31,073 250,000 -- -- -- -- TRANSIT Accessible Vans 43,520 -- 43,520 -- -- -- -- __ New Transit Garage 3,421,000 -- -- -- -- 1,038,000 2,383,000 -- Bus Fleet Expansion/ Replacement 3,445,415 -- -- -- -- -- 3,445,415 -- 6,909,935 -- 43,520 -- -- 1,038,000 5,828,415 -- Page 3 TOTAL COST BIKEWAYS Bikepaths-Rocky Shore & East Iowa River 150,000 River Corridor Buffer & Trail 286,170 436,170 WATER IMPROVEMENTS Water Plant Solids Disposal 1,012,000 East Side Water Storage Tank 885,000 1,897,000 POLLUTION CONTROL IMPROVEMENTS Wastewater Treatment Facility GRAND TOTAL PRIOR TO FY82 C; SCHE^ULC FY82 - F1'86 FY82 FY83 FY84 FY85 FY86 - ---- ------ ------ ------ ------ 5 $ $ $ $ AFTER FY86 -- 120,000 30,000 -- -- -- -- 51,300 72,800 82,500 56,680 22,890 -- 171,300 102,800 82,500 56,680 22,890 -- -- -- 1,012,000 -- -- -- -- -- -- 885,000 -- -- -- -- 1,012,000 885,000 -- 57,175,667 407,450 14,354,88423,373,333 19,040,000 -- -- -- 76,985,138 2,371,24419,114>176 26,109,633 20,400,800 3,017,500 6,770,095 22,890 RESOLUTION 81-268 A Resolution authorizing the execution of a Memorandum of Agreement with Gerald L. Doe WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1961, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by Gerald L. Doe (the "Obligor") to issue its revenue bonds pursuant to the Act for the purpose of financing the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- /&5s3 Memorandum of Agreement Iowa City, Iowa October 6 . 1981 The City Council of Iowa City, Iowa, met in regular session on the 6th day of October 1981, at 7:30 o'clock, P .m., at the Civic Center, City Hal , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Roberts introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Gerald L. Doe" and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the followinq named Council Members voted: Ayes: Roberts, Vevera, Balmer, Erdahl, Lynch Nays: Neuhauser, Perret Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: Ci y Clerk (Seal) 45yor -1- /05)S- Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 6th day of October , 1981. lop 2yor Attest: City Clerk (Seal) -3- /oS:S EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Gerald L. Doe (the 'Obligor"). 1. Preliminary Statement. Among the matters of mutual inducement which have resu ted in t e execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financinq the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, pro- cessing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business. (b) The Obliqor wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in a principal amount sufficient to finance the costs of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obliqor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer. (c) The Issuer considers that the acquisition and construc- tion of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $434,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Obligor, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Obligor upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. -4- / Ost 3. Undertakings on the Part of the Obligor. (a) He will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) He will enter into a Loan Agreement with the Issuer under the terms of which the Obligor will obligate himself to pay to the Issuer sums sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Obligor herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Obligor shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) The Obligor agrees that he will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at his request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expres- sion of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa -5- los-7 Dated this 6th day of October , 1981. Iowa City, Iowa Attest: 9& - City Clerk (Seal) By .Ag oZ. °sera L. Doe State of Iowa County of Johnson SS: City of,Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Gerald L. Doe and said City. WITNESS my hand and the seal of said City hereto affixed this 6th day of October , 1981. (Seal) City Clerk 10 /o.5k RESOLUTION 81-269 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by Gerald L. Doe (the "Obligor") to issue its revenue bonds to finance the cost of the acquisi- tion by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, ware- housing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $434,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor, upon mutually acceptable terms, the obligation of which will be suf- ficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 10th day of November , 1981, at 7:30 o'clock, P .m., at which time and place a public -2- Proceedings Fixing Date for Hearing Iowa City, Iowa October 6 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 6th day of October , 1981, at 7:30 o'clock, P .m., at the Civic Center, City Hall, in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member L introduced a resolution entitled: "Resolution fixing a ate or hearing - on proposed Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project)", and moved its adoption; seconded by Council Member Vevera After due consideration of the said resolution by the ounci , the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Vevera, Balmer, Erdahl, Lynch, Roberts Nays: Neuhauser, Perret Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. yor " Attest: City Clerk (Seal) -1- /,4 4 o hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of inten- tion to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa City Press -Citizen a newspaper published and having a general circu a on within the issuer. The notice shall be in substantially the following form: -3- NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (Doe Beverage Company, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 10th day of November , 1981, at the Civic Center, City Haman Iowa City, Iowa, at o'clock, P.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $434,000 (the "Bonds"), and to loan said amount to Gerald L. Doe (the "Obligor"), for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Obligor, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. 1981. By order of the City Council, this 22nd day of October City Clerk /662.. Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 6th day of October 1981. Attest: City Clerk (Seal) .< <MpgIFA ' -5- /oto State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000. WITNESS my official signature and the seal of said City this 6th day of October , 1981. CiFty Clerk (Seal) /06,K (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in Iowa CitPress-Citizen. a legal newspaper, printed wholly in the Eng ish anguage, pub is ed in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this day of , 1981. City Clerk (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7- /40AS Roberts introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT BONDS," and moved its adoption. Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdhal, Lvnch, Neuhauser Perret. Roberts. Vevera NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: 81-270 RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and no bids were received for said bonds on the adver- tised sale date of August 11, 1981; and WHEREAS, it appears that the following action 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: Section 1. That the City has heretofore advertised and conducted a public sale in the manner provided by Chapter 75 of the Code of Iowa and received no bids for the purchase of $370,000 Public Improvement Bonds, dated August 1, 1981. Section 2. Pursuant to Iowa Code Section 384.68(4), it is hereby determined that said bonds shall be delivered to the contractor in payment of the costs of the public improvement and the proceeds of the sale applied to pay the costs of the public improvement and to retire construction warrants hereto- fore issued in payment of said costs. -2- AM LERS. GOONEY. DORWEILER. HAYN IE &SMITH, LAWYERS. DES MOINES, IOWA /aGG Section 3. The City Clerk and City Treasurer are directed to proceed with the issuance and delivery of said bonds to the contractor. Said bonds may be delivered directly to the contractor or may be delivered to such person as assignee of each such contractor for the project as holds outstanding construction warrants by assignment from a contractor or other person providing services to the project. Where more than one such person exists, said bonds shall be delivered pro rata in proportion to the interest thereof as shall be deemed appropriate by the City Treasurer. Section 4. The form of contract for the sale of said bonds attached hereto is hereby approved and the Mayor and City Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 6th 1981. ATTEST: ClOZL- erk ayor -3- day of October AHI-ERS. GOONEY. DORWEILER, HAYNIE WSMITH. LAWYERS, DES MOINES, IOWA 1667 S A L E A G R E E M E N T IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE City of Iowa City, Iowa, Vendor, and Metro Pavers, Inc., Iowa State Bank & Trust Co., Shive-Hatters & Ass C., Inc. Vendee, that the Vendor will and does hereby sell the following described bonds, to -wit: PUBLIC IMPROVEMENT BONDS, in the principal amount of $370,000, to be dated August 1, 1981, in the denomination of $5,000 each, and to mature as follows: Principal Amount $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 $40,000 $40,000 $40,000 $40,000 and bearing interest as follows: Maturity December 1st 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 Bonds maturing in the years 1981, to 1990, both inclusive, Ten Per Cent (10%) per annum. Metro Pavers, Inc. shall receive $100,000 of bonds, payable $10,000 per year in 1981 through 1990, inclusive. Iowa State Bank & Trust Company shall receive $170,000 of said bonds, payable $15,000 per year in 1981 through 1986, inclusive, and $20,000 per year in 1987 through 1990, inclusive. Shive-Hattery & Associates, Inc. shall receive $100,000 of said bonds, payable at the rate of $10,000 per year in 1981 through 1990, inclusive. -4- AHLERS. GOONEY. DORWEILER. HAYNIE &SMITH. LAWYERS, DES MOINES. IOWA /oGP' The undersigned Vendees hereby agree to purchase said bonds and do hereby purchase said bonds for the sum of $370,000 and interest at the rate or rates as hereinabove set out from August 1, 1981, with a premium of $ none ; said payment is to be made upon delivery of the bonds to the Vendees together with an opinion approving and certifying the legality of said bonds by the firm of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, Des Moines, Iowa. The official "Notice of Bond Sale", as published, covering said bond issue, including provisions for optional redemption, if any, is hereby incorporated herein and made a part hereof by this reference. ATTEST: ` 9 Clerk CITY OF IOWA CITY, IOWA f -T [+layor METRO PAVERS, INC., Vendee IOWA STAT B' K & TRUST COIjPANY, Vendee' BMJ SHIVE-HATTERY & ASSOCIATES, INC. Vendee B� -5- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA The undersigned Vendees hereby agree to purchase said bonds and do hereby purchase said bonds for the sum of $370,000 and interest at the rate or rates as hereinabove set out from August 1, 1981, with a premium of $ none ; said payment is to be made upon delivery of the bonds to the Vendees together with an opinion approving and certifying the legality of said bonds by the firm of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, Des Moines, Iowa. The official "Notice of Bond Sale", as published, covering said bond issue, including provisions for optional redemption, if any, is hereby incorporated herein and made a part hereof by this reference. ATTEST: 0,1L - Clerk CITY OF IOWA CITY, IOWA -- METRO PAVERS, INC., Vendee M IOWA STATE BANK & TRUST COMPANY, Vendee EM SHIVE-HATTERY & ASSOCIATES, INC. Vendee 0 -5- AHLERS. COONEY. DORWEILER. HAYN IE&SMITH. LAWYERS. DES MOINES. IOWA /®61 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: October 6, 1981 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, 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: $370,000 Public Improvement Bonds. - Resolution directing the sale. - Resolution authorizing the issuance. Such additional matters as are set forth on the addi- tional 14 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. /(//�) City Clerk, Iowa City, AHLERS. GOONEY. DORWEILER. HAYNIEB SMITH. LAWYERS. DES MOINES. IOWA / 67d Council Member Roberts introduced the Resolution hereinafter set out entitled "RESOLUTION PROVIDING FOR THE ISSUANCE OF $370,000 PUBLIC IMPROVEMENT BONDS", and moved that the same be adopted. Council Member Neuhauser seconded the motion to adopt. The roll was called and the vote was as follows: AYES: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. Balmer NAYS: None Whereupon the Mayor declared the Resolution duly adopted as follows: 81-271 RESOLUTION PROVIDING FOR THE ISSUANCE OF $370,,0000 PUBLIC IMPROVEMENT BONDS WHEREAS, onJ%�, the City of Iowa City, Iowa, entered into con act with Cedar Hills Construction of Oxford, Iowa, for the construction of Part A of the 1979 BDI Second Addition Improvements hereinafter sometimes referred to as the "project", within the City; and' WHEREAS, on August 11, 1980, the City of Iowa City, Iowa, entered into contract with Metro Pavers, Inc. of Iowa City, Iowa, for the construction of Part B of the 1979 BDI Second Addition Improvements hereinafter sometimes referred to as the "project", within the City; and WHEREAS, on /S /97 , the City of Iowa City, Iowa, entered into co act with Parkview Company of Iowa City, Iowa, for the co struction of Part C of the 1979 BDI Second Addition Improvements hereinafter sometimes referred to as the "project", within the City; and WHEREAS, the construction of said improvement has been completed.and was, by resolution of this Council duly passed and approved on March 24, 1981, accepted as having been constructed in accordance with the plans, specifications and contract; and AHLERS. COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 1471 WHEREAS, the Council did on April 21, 1981, by a resolu- tion duly adopted, levy and assess a special tax on all of the abutting and adjacent property within the benefited area of the 1979 BDI Second Addition Improvements, and against the owners thereof in the sum of $431,956.66, being the portion of the cost of said improvement assessable against said benefited property, and a certificate of the levy of said tax, certified as correct by the Clerk, has been filed with the County Auditor of Johnson County, Iowa; and WHEREAS, of the aforesaid assessment of tax there remain unpaid following the initial collection period assessments, after provision for a default fund, in total sum not less than the principal amount of the bonds hereinafter authorized as to the legality or regularity of the assessment of which no appeals have been taken, and which assessments are payable in equal annual installments payable during the month of September in each year as set forth in Section 1 hereof; and WHEREAS, it is necessary that Bonds be issued in antici- pation of the collection of said unpaid special assessments in order to provide funds for the present payment of the proper costs of said improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the said assessments heretofore levied on the property subject to assessment for the construction of said improvements and benefited by the improvement heretofore authorized and ordered to be made are directed to be paid in ten equal annual installments in the same manner as the September semiannual payment of ordinary taxes beginning with the installment due on July 1, 1981. Said unpaid assessments and each installment thereof shall be payable at the office of the County Treasurer of said County, on or before the time above set forth, and each installment shall include interest on the unpaid balance of the assessment from and after the date of acceptance of the improvements for which the assessment is made, not only until paid but also until the date of maturity of the bonds issued {as hereinafter provided} for the amount of such installments, at the rate of ten per centum per annum, with the September payment of ordinary taxes in each year, and the County Treasurer shall compute and shall collect such interest com- puted to the 1st day of December next succeeding the maturity of such installments. -7- A MLERS. COONEY. DORWEILE R, HAYNIE & SMITI LAIERs. DES MOt M IOWA /e AZ Section 2. In anticipation of the collection of the several installments of said assessments and in order to pro- vide presently for the necessary funds to pay a part of the cost of the construction of said improvements, there ,shall be and there are hereby ordered issued Public Improvement Bonds of said City in the aggregate amount of $370,000. Said bonds shall consist of 74 in number, numbered from 1 to 74, both numbers inclusive, which bonds shall be in the denomination of $5,000 each. All bonds shall bear the date of August 1, 1981, and shall become due and payable in their numerical order and bear interest as follows: Bond Interest Principal Maturity Numbers Rate Amount Dec. 1st 1 - 7 10.008 $35,000 1981 8 - 14 10.008 $35,000 1982 15 - 21 10.008 $35,000 1983 22 - 28 10.008 $35,000 1984 29 - 35 10.008 $35,000 1985 36 - 42 10.008 $35,000 1986 43 - 50 10.008 $40,000 1987 51 - 58 10.008 $40,000 1988 59 - 66 10.008 $40,000 1989 67 - 74 10.008 $40,000 1990 Bonds maturing after the first optional redemption date may be called for redemption prior to maturity by notice published in a newspaper of general circulation in Iowa City, Iowa, not less than ten days prior to the date of such redemption. The City may also give such notice as it may deem appropriate to the original purchaser of the bonds. The City shall have the right to call said bonds for prepayment in numerical order on or within 45 days after December 1, 1981, or any succeeding interest payment date at par and accrued interest. Said bonds shall be payable only out of special assessments levied to pay a part of the cost of the aforesaid Project. Interest on said bonds shall be payable annually, on the 1st day of December in each year, commencing with the year 1981, which said interest shall be evidenced by coupons attached to each of said bonds. Both principal and interest of said bonds shall be payable in lawful money of the United States of America, at the office of the Treasurer of the City. QM AHLERS. GOONEY, DORw EILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA �0 7.3 Section 3. The said bonds shall be negotiable and the bonds and coupons evidencing the interest thereon, shall be in form and recitals substantially as follows: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY PUBLIC IMPROVEMENT BOND No. $5,000 The City of Iowa City, in the State of Iowa, promises to pay as hereinafter stated, to the bearer hereof, on the 1st day of December, 19 , the sum of FIVE THOUSAND DOLLARS, with interest thereon at the rate of % per annum, payable annually on the lst day of December in each year, commencing with the year 1981, on presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal and interest of this bond are payable at the office of the City Treasurer in.Iowa City, Iowa. This bond is issued by the City of Iowa City, Iowa, under and by virtue of Section 384.68 of the City Code of Iowa, and a resolution of the Council of said City duly passed. This bond is one of a series of bonds of like tenor and date, except maturity and interest rate, numbered from 1 to 74, both numbers inclusive, in the. amount of $5,000 each, and is issued for the purpose of defraying a part of the cost of construction of the 1979 BDI Second Addition Improvements within the City, which cost is payable by the benefited pro- perty abutting and adjacent to said improvement project and made by law a lien on all said property. Said assessment is payable in ten equal annual installments with interest on all deferred payments at the rate of ten per centum per annum. This bond and the issue of which it is a part are payable only out of the Fund created by the collection of said special tax, and said Fund can be used for no other purpose. The City reserves the right and option of calling and redeeming any or all of the bonds of the series of which this bond is one, maturing after December 1, 1981, on or within 45 days after said date or any succeeding interest payment date, AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES. IOWA �� in numerical order, notice of such redemption to be given by publication in a newspaper of general circulation in Iowa City, Iowa, not less than ten days prior to the date fixed for redemption, and thereafter the bonds so called for payment shall cease to draw interest from said date for redemption. It is hereby certified and recited that all the acts, con- ditions and things required to be done precedent to and in the issuing of this series of bonds have been done, happened and performed in regular and due form as required by law and said resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Iowa City, Iowa, are hereby irrevocably pledged. IN TESTIMONY WHEREOF, said City by its Council, has caused this bond to be signed by its Mayor and countersigned by its Clerk, with its corporate seal affixed, and the coupons hereto attached to be executed with the facsimile signature of said Clerk, which official by the execution of this bond does adopt the facsimile signature appearing on said coupons, all as of this date of August 1, 1981. yor COUNTERSIGNED: Cft�' Clerk (FORM OF COUPON) On December 1, 19 , unless said bond shall have been sooner called for payment, the City of Iowa City, Iowa, promi ses to pay to bearer as provided in said bond, the sum of $ at the office of the Treasurer, Iowa City, Iowa, being months' interest due that day on its Public Improvement Bond, dated August 1, 1981, No. �IN / -10- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES. IOWA /00)s (FORM OF CERTIFICATE TO BE PRINTED ON THE BACK OF EACH BOND) STATE OF IOWA ) COUNTY OF JOHNSON ) SS CERTIFICATE CITY OF IOWA CITY ) I hereby certify that the within bond has been registered in a book for that purpose in my office as of this date of August 1, 1981. City Treasurer of Iowa City, Iowa Section 4. Each of said bonds shall be signed by the Mayor and countersigned by the Clerk, and sealed with the cor- porate seal of said Municipality; and the interest coupons thereto attached shall be attested by the signature of said Clerk, or a facsimile thereof. After being so executed the bonds shall be delivered to the City Treasurer to be registered in a book maintained for that purpose and thereafter delivered to the purchaser thereof. Section 5. This Resolution shall constitute a contract by and between the City and the holders of the bonds herein authorized to be issued. The City covenants that it will warrant and defend the recitals and statements herein con- tained and fully perform the covenants herein made. After the issuance of the bonds, or any of them, this Resolution shall not be repealed or amended by the City in any respect which will adversely affect the holders'of said bonds. Section 6. The City represents that the proceeds of said bonds will be applied to the payment of contracts substan- tially performed and completed prior to the delivery of said bonds and undertakes that it will not invest, directly or indirectly, the available proceeds of said issue of bonds at a yield higher than the yield of said bonds, as said terms are defined in Section 103(c) of the Internal Revenue Code of the United States and regulations issued thereunder. The Treasurer is authorized to execute an Arbitrage Certificate to evidence circumstances reasonably anticipated on behalf of the City as of the date of delivery of said bonds to the purchaser against payment therefor. -11- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH, LAWYERS, DES MOINES. IOWA /® Section 7. That there will be printed on the back of each bond herein authorized to be issued, a copy of the legal opi- nion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the Clerk cer- tifying the same as being a true copy thereof, said cer- tificate to bear the facsimile signature of said Clerk. Section 8. This resolution is adopted pursuant to Section 384.68, City Code of Iowa, and nothing herein shall be construed as in conflict therewith. All resolutions and ordinances, or parts of resolutions and ordinances in conflict herewith shall be and the same are hereby repealed. PASSED AND APPROVED this 6th day of 1981. ATTEST: City. Clerk October Pk���./� -12- AHLERS. GOONEY. DORWEILER. HAYNIE h SMITH. LAWYERS. DES MOINES. IOWA r'OMP�E,.E r MR. 1-1q r` 1` 7'0 L_ CIG -10 1-79 I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting Clerk of the City of Iowa City, Iowa, and that as such Clerk I have in my possession or have access to the complete corporate records of said City and of its Council and officials, and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true and complete copy of all the corporate records in relation to the authorization, issuance and disposition of $370,000 Public Improvement Bonds of said City dated August 1, 1981, and that said transcript hereto attached contains a true and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up.to the present time, in relation to the authorization, issuance and disposition of said bonds, and that said Council consists of a Mayor and six Council Members, and that said offices were duly and lawfully filled by the individuals listed in the attached transcript as of the dates and times referred to therein. I further certify that said City is and throughout the period of said proceedings has been governed under the Charter form of municipal government authorized by Chapter 372, City Code of Iowa, under the provisions of its charter as recorded with the Secretary of State. I further certify that all meetings of the City Council of said City at which action was taken in connection with said bonds were open to the public at all times in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and was duly given at least twenty-four hours prior to the commencement of the meeting by notification of the communications media having requested such notice and posted on a bulletin board or other prominent place designated for the purpose and easily accessible to the public at the principal office of the (Continued Over) -1- AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA 7 CIG -10 (cont Id) Council all pursuant to the provisions and in accordance with the conditions of the local rules of the Council and Chapter 28A, Code of Iowa. WITNESS my hand and the seal of said City hereto attached this 6th day of October 1981, at Iowa City,'Iowa. City Clerk, Iowa C' y, Iowa (SEAL) STATE OF IOWA ) SS COUNTY OF JOHNSON ) Subscribed and sworn to before me on this 6th day of October. , 1981 . (SEAL) (� C/ NotAry Public in and for Johnson County, Iowa (See Reverse Side) -2- 1,4 71 f. AHLERS. COONEY. DORWEILER. HAYNIE@SMITH. LAWYERS, DES MOINES, IOWA /to S%o RESOLUTION NO. 81-272 RESOLUTION AUTHORIZING THE EXECUTION OF THE STATE TRANSIT ASSISTANCE GRANT CONTRACT. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the State of Iowa by and through the Department of Transportation is offering financial assistance to local public authorities in the form of a capital and operating grant, and WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest to accept the State of Iowa's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. 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 be directed to certify the attached contract. It was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of October , 1981. I IAYOR ATTEST: lr/� C Y CLERK Received & Approvad By The Legal Department 3� 141 STA -CAP: 6/81 OWA DEPARTMENT OF TRANSF 'ATION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRANSIT ASSISTANCE PROGRAM PART I: ASSURANCES and CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: APPFNOICES: 8.0 Contract Non -Performance B. Cost Principles (OMB A-87), (1/15/81) 9.0 Settlement of Disputes E. Audit Requirements (OMB A-102, Att. P), 10.0 Termination or Suspension of (10/22/79) Project G. Title VI, Civil Rights 11.0 Renewal, Renegotiations, and J. Iowa DOT -IAC, Transportation Procurement, Modifications 820-EO1,B] Chapter 2 12.0 Hold Harmless M. Iowa 190T -IAC, Advance Allocation of 13.0 Assignability and Subcontracting State Transit Assistance Funding, 14.0 Interest and Prohibited Interest 820-EO9,B] Chapter 2 15.0 Additional Agreement Provisions N. Iowa DOT -IAC, Financial Assistance, 820-EO9,B] Chapter 1 PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT THIS AGREEMENT, made and entered into this day of , 1981, by and between the IOWA DEPARTMENT OF TRANSPORTATION, an agency of the State of Iowa, herein- after called the "DEPARTMENT", and the CITY OF IOWA CITY located at U.LTY HALL IOWA CITY, IOWA 52240 hereinafter called the PUBLIC AGENCY". In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from JULY 1, 1981 through JUKE 30, 19.83 /Oddp-- STA:CAP: 6/81 1.3 PURPOSE OF AGREEMENT r The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 850 , FIRST Session of the SIXTY-NINTH General Assembly for CAPITAL PROJECTS as described in the appli- cation herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which fund- ing wily be provided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (a) CAPITAL EXPENSES - all eligible transit system expenses related to the purchase or construction of transit equipment and facilities. (b) CAPITAL SUPPORT NEED - capital expenses that need to be covered by capital funding. (c) CAPITAL SUPPORT - all monies received by the transit system not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the capital. support need. (d) CAPITAL PROGRAM SUPPORT - total capital support less the capital support from sources other than the Iowa Department of Transportation. (e) PROJECT - specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. (f) CEILING AMOUNT - maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. (g) PARTICIPATION PERCENTAGE - the percentage which denotes the part of portion of the PROJECT or task -which will be funded by any given funding source. 2 F` 4 STA -GAP: b/61 (h) FUNDING COMMITMENT - the maximum amount or maximum participation percentage any given funding source has committed to through the PUBLIC AGENCY for this AGREEMENT (i) CAPITAL CONTRACT SUPPORT - capital support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is JOHN BALMER i.e., who has signatory powers). 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is HUGH MOSE who is directly responsible for -the performance called for in this AGREEMENT. 1 2.0 ROLES AND RESPONSIBLITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall purchase all capital equipment and construct all facilities in the AGREEMENT, or amendments to this AGREEMENT, for which financial assistance is being pro- vided by the DEPARTMENT pursuant to this AGREEMENT, and amend- ments, if any. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly fund the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any funding request from the PUBLIC AGENCY that the DEPARTI4ENT feels is not warranted or justified or that may exceed the rightful amount of funding to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1981). /,DAX t •algtssaooe RLipea.a pue pari; -uapt RLaeaLO aq LLe4s S4so0 i3300bd �o uot4e4uawnoop LLV -pled pup pa.A.anout RLLPoL3Loads aaam s4soo 8s044 4244 6ut0uaptAa 4aoddns aa44o RUP pup `s4oea4u03 `s4uea.aem `saagonoA `saOLonuL pagnoaxa RLaadoad Rq pa4aoddns aq LLe4s i33PObd 944 04 pa6ae4o s4soo LLV (3) '4S00 i33PHd e se 6ULpun� JO} Zlgt6LL9 9q Mm (Z'L uoL -0aS o4 aajaa) iN3W33H V SL44 10 a4ep 6uLpua 94Z aa4;e ao a4ep 6u14ae4s a44 04 aoLad sloe.a4uoo sot 10 RUP ao AON39V 3Il8fld a44 Xq paaanDUL 4soo ON (8) •6utpun4 a4els aoI aLgt6tLa 4ou aae s4soo uot4et0aada0 •s4Soo u0L4PLoaadap 40 uot4daoxa a44 441m `9 xLpuaddV se 4uaw -33HV SL44 40 4aed apew „4so3 10 swa4L pa40aLaS do 5paepue45,8 xtpuaddV `L8 -V aPLnoat3 496Pn8 pUe 4uaw -a6eueW Jo aoL�So }o Suotstno.Ad a44 Aapun aLgemoLLP PUP 1N3W33 M St44 Rq Pa.Aanoo )aom 0L}toads e44 04 aLgP4ngta44e s4soo aso44 aae s4soo aLgt6tL3 (V) '133fOad 944 04 s4soo DLgemoLLe PUP -aLgt6LL3 LLP a6ae40 !ew A3N39V 3Il9nd a4l Z9'9 J •pa4aodaa pue paztue6ao `4da� `pa aa44e6 s'L U0L4ewaoJuL anoge a44 40L4ht Rq wa4sfis a44 SP pauLe4uLew pup paztLt4n �LLnd 3q LLe4s wa4sAS 4uawa6eueW e4PO waoSLUn a44 `AON39V 3Il9nd 344 u paluawaLdwL uaaq se4 `iN3WiaU 30 944 Rq pedoLanap `wagsA'S 4uawa6eueW e4eQ wao}tuq a44 dI •paquaw -noop RLLPL4ue4sgns pup `paoea4 RLtsea `p9tJt4U9Pt RLaeaL0 aq A'ew Fag4 4244 os p8pao0aa aae sa0anos LP4ldeo pup `sanuanaa `s4soo pa4PLaa-uot4egaodsuPJ4 LLP 40L4m 04 p@gSLLge4sa St slun000e jo 4as e 4244 6utaas ao4 aLgtsuodsaa aq LLP4s A3N39V OIlBAd a41 19-S A3V2if133V 9NIlHd3a lVIONVNI3 ONV VIVO 9'S suoLsLnoad ON - S'S 46noa44 T'S SU VONVIS 33NVWHJd 3d 0'9 SNOISIAObd ON O'b •4uasaadaa spun4 aoue4sLssV 41suea1 a4e4S a44 4244 aOLad ase4oand a44 do a6e4uaoaad a44 04 Lenbe an Len 4alaew a44 do a6e4uaoaad a aq LL24s 4saaa4uL x4tanoas a41 •uoL4Pdl0l4aed a0ue4stsSV 4tsueal a4e4S a44 44tm A3N39V 3Il8fld 344 �q A303HV 5144 46noa44 pase4oand 4uawdLnba pup SDL0L4aA LLP uo 4SaaagUL F4tan0as P pLo4 `6uLpun3 a44 aol 94tanoas se `LLe4s 1N3WIM30 341 £'£ LII/9=dV3-ViS STA -CAP: 6/81 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall be notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non-discrimination on the grounds or race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, tt the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to /086 5.8 5.9 STA -CAP: 6/81 the maximum utilization of minority business enter- prises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this contract. NO PROVISIONS PROJECT PROPERTY 5.91 Purchase of Property The major items of Property as listed indSection6.2 by of this AGREEMENT have been app a the DEPARTMENT and the costs, therefore, are included in the contract price. The DEPARTMENT will bid and purchase vehicles on behalf of the PUBLIC AGENCY if the PUBLIC AGENCY so desires. If the PUBLIC AGENCY bids and purchases vehicles and equipment, the PUBLIC AGENCY shall comply with the following competitive bidding procedures or negotiated procedures. A. OMB A-87 (Appendix B), B. Iowa DOT -IAC, Transportation, Procurement (Appendix J), Any Property purchased and/or constructed under this AGREEMENT shall be done so on land which is free of all legal encumbrance and a legal description of the des- ignated tract of land shall be on file with the PUBLIC AGENCY. 5.92 Use and Disposition of Property The PUBLIC AGENCY agrees that the Property shall be used for the provision of public transportation service within the area described in the application for the life of the PROJECT. r J If the Property is not continuously used for public transportation in a manner similar to that intended by the application, the PUBLIC AGENCY shall immediately notify the DEPARTMENT and shall dispose of such Property in accordance with the following provisions: 6 1697 STA -CAP: 6/81 A. If the Property is "retained" by the PUBLIC AGENCY, the PUBLIC AGENCY shall reimburse the DEPARTMENT in an amount equal the DEPARTMENT's participation percentage of the fair market value of the Property, based upon expert and objective appraisal, which value must be approved in writing by the DEPARTMENT, or B. If the Property is sold, it shall be sold by the public agency, at the highest price obtain- able at public or private sale, subject to written approval of the sale price by the DEPARTMENT. The DEPARTMENT's participation percentage of the sale price, less the DEPARTMENT's participation percent- age of the expense of the sale, shall be paid to the DEPARTMENT. The PUBLIC AGENCY shall maintain the property at a high level of cleanliness, safety and mechanical soundness. The DEPARTMENT shall have the right to ( conduct periodic inspections for the purpose of con- firming proper maintenance pursuant to this paragraph. 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the funding up to limits described in this AGREEMENT, as follows: - 6.11 For each project of this AGREEMENT the DEPARTMENT will, upon receipt of sufficient documentation and appropriate request, fund the PUBLIC AGENCY for the lesser of the following two amounts: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.2; or B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.2. l juga STA -CAP: 6/81 6.2 FINANCIAL LIMITS 6.21 The estimated total transportation capital support need of the PROJECT is $ 46,520 based upon the following analysis: 6.22 The DEPARTMENT's participation in the PROJECT cost will be limited to the following funding criteria: PROJECTS DEPARTMENT'S CEILING AMOUNT DEPARTMENT'S PARTICIPATION PERCENTAGE 1 TWO VANS ( LIFT EQUIPPED) $ 3000.00 6.9% 2. CHANGE MAKING MACHINE 3000.00 100% 3. 4. 5. 6. DEPARTMENT's TOTAL CEILING AMOUNT $ 6000.00 H. STA -CAP: 6/81 6.23 The capital expenses for the PROJECT will be covered by �< capital funding consisting of the following sources: 0 CAPITAL FUNDING ALL SOURCES PARTICIPATION PERCENTAGE A. CAPITAL SUPPORT SOURCES -AMOUNTS PROJECT SUPPORT 1. CONTRACT SUPPORT 2 Vans a. Iowa DOT(excluding interest 3,000 b• UMTA SEC. 3 34,816 0.0 C. d. e. f. 9. Change h• 1014A DOT 3,000 Maker i. 2. NON -CONTRACT SUPPORT Vans a CITY OF I014A CITY 5,704 b. c. d. e. f. h. i. j. Interest Total Capital Funding $ 46,520 100% 100% Project 1 Project 2 (Vans) (Change Maker) 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if .the amount eligible to be paid equals zero dollars, there will be no funding by the DEPARTMENT for any such project (refer to Sections 6.11 and 6.21). 0 STA -CAP: 6/81 6.32 Funding requests by the PUBLIC AGENCY to the DEPARTMENT shall be made by PROJECT as outlined in Section 6.2. Funding requests shall reflect costs incurred toward each PROJECT. PROJECT overruns shall require a "change of work" request ,that has prior DEPARTMENT approval of the overrun. The DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS PROPERTY AND SERVICE 6.51 The PUBLIC AGENCY will be responsible fo-r securing proper auditing in accordance with OMB Circular A-102, Attach- l ment P, paragraph 1 through 11 (Appendix E). 6.5.2 Two (2)copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the PUBLIC AGENCY. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The PUBLIC AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regard to the AGREEMENT. 10 /0 9/ STA -CAP: 6/81 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit report. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPARTMENT upon request. 6.56 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of infor- mation, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, the PUBLIC AGENCY shall so certifiy to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The PUBLIC AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the t PUBLIC AGENCY by the use of such .vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 NO PROVISIONS 7.2 FINAL REPORT At the end of the contract period or at the time of the final request for reimbursement, the PUBLIC AGENCY must submit within 45 days a final invoice showing the capital expenses, support and non -transportation revenue (used for capital, if any) for this PROJECT. 11 /0902 STA -CAP: 6/81 7.3 FUNDING INFORMATION 7.31 The PUBLIC AGENCY may submit progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payments for each project. 7.33 All requests for capital assistance must be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and projects as outlined in this AGREEMENT. 7.34 All invoices for capital assistance must be accompanied by either a purchase order or an invoice from the vendor. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY con- cerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. Second Avenue, Des Moines, IA 50313. 61 IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by their proper officials thereunto duly authorized as of the dates below indicated. IN WITNESS THEREOF, we have hereunto set our hands this Irl day of (C+aks'_— 1981. CITY OF IOWA CITY PUBLIC TRANSIT DIVISION CITY HALL IOWA DEPARTMENT OF TRANSPORTATI( IOWA CITY, IOWA 52240 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 0 John Balmer,Mayor (deceived -&, A ppro\lkl By rhe Legzl p8pa�tnteetdt a� 12 By: Jo nne Short, Director /0V STA -OP: 6/81 IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT 101% 1 H S1AIL IRANSII AJSISIANLI PROGRAM PART I: 1.0 General Provisions 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements ASSURANCES and CERTIFICATIONS: None Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: 8.0 Contract Non -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations, and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT APPENDICES: B. Cost Principles (OMB.A-87) (1/15/81) E. Audit Requirements (OMB A-102, Att.P), 10/22/79) G. Title VI, Civil Rights J. Iowa DOT -IAC, Transportation Procure- ment, 820-EO1,B] Chapter 2 M. Iowa DOT -IAC, Advance Allocations of State Transit Assistance Funding, 820-EO9,B] Chapter 2 N. Iowa DOT -IAC, Financial Assistance, 820-EO9,B] Chapter 1 THIS AGREEMENT, made and entered into this day of ,1981, by and between the IOWA DEPARTMENT OF TRANSPORTATION, and agency of the State of Iowa, hereinafter called the "DEPARTMENT", and the City of lue:a City located at City Hall, , IOWA CITY, I014A 52240 hereinafter called the "PUBLIC AGENCY". In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from July 1, 1981 through June 30. 1982. 1.3 1.4 1.5 Six -UN: b/ni PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 850 First Session of the Sixty -Ninth General Assembly for Operating Projects as described in the application herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which funding will be orovided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (a) REVENUE (for the purposes of Section 5.8 (D) of this AGREEMENT) - All revenue amounts collected from passen- gers directly at the point of service (the farebox) or through special passes sold to passengers, and all rev- enue amounts earned from contracts for service (based on units of service). (In accordance with object classes 401 and 402 as defined in Volume II, Uniform System of Accounts and Records of the Urban Mass Transportation Industry Uniform System of Accounts and Records and Report- ing System, Report No. UMTA-IT-006-0094-77-1. (b) OPERATING EXPENSES - All eligible transit system expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (.In accordance with all object classes 501 through 512, 514 and 515 as defined in Volume II, Uniform System of Accounts and Record of the Urban Mass Transportation Industry Uniform System of Accounts and Records and Reporting System, Report No. UMTA-IT-n6-0094-77-1_ (c) PROJECT - Specific element or task of 1—his AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. (d) CEILING AMOUNT - Maximum amount assigned to specific task - or elements of this AGREEMENT, or for this AGREEMENT as whole. 2 /ago STA -OP: 6/81 (e) PARTICIPATION PERCENTAGE - The percentage which denotes the part or portion of the PROJECT or task which will be funded by any given funding source. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is John Balmer i.e., who has signatory powers). 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is Hugh Klose who is directly responsible for the performance called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the AGREEMENT, or amendments to this AGREEMENT, for which financial assistance is being provided by the DEPART- MENT pursuant to this AGREEMENT, and amendment, if any. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3 The PUBLIC AGENCY shall commence to carry out the objec- tives as described in Section 5.8. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will fund the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any funding request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of funding to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 6O1J of the Code of Iowa (1981). 9 /01,6 STA -OP: 6/81 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Office of .Manage-( ment and Budget Circular A-87, Appendix B "Standards of Selected Items of Cost" made part of this AGREE- ment as Appendix B, with the exception of depreciatio costs. Depreciation costs are not eligible for state funding. (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the starting date or after the ending date of this AGREEMENT (refer to Section 1.2) will be eligible for funding as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. /4// SIA -UP: 6/81 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or nat- ional origin. The PUBLIC AGENCY shall take affirm- ative action to insure that applicants are employed, and that employees are treated during their employ- ment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurement of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non- discrimination on the grounds of race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to the y ioy� 5.8 STA -OP: 6/81 maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this contract. CONTRACT OBJECTIVES Progress or attainment of the following enumerated contract objectives will, in part, determine the level of funding during the ensuing year. Acceptance of those items will be subject to verification of the financial and operating data supporting said items. Statistical ObJectives: (A) Annual Ridership (B) Annual Ridership Operating Expense (C) Annual Miles of Operation Operating Expense (D) Revenue Operating Expense 6.0 FINANCES 6.1 METHOD OF PAYMENT = 2,200,000 = 2,200,000 = 1.32 1,669,985 765,000 = 0.46 1,669,985 645,000 = 0.39 1,669,985 The method of payment by the Department is the funding up to limits described in this AGREEMENT, as follows: 6.11 For each project in this AGREEMENT the DEPARTMENT will, upon receipt of sufficient documentation and appropriate request, fund the PUBLIC AGENCY for the lesser of the following two amounts: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.21; or B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.22. 6 /&'" STA -OP: 6/81 6.12 Advance allocations of state transit assistance funding will be made to the PUBLIC AGENCY in accord- ance with procedures denoted in 820-[09,B] Chapter 2, IAC, made part of this AGREEMENT as Appendix M. Section 2.2(1) of 820-[09,B] Chapter 2, IAC (admini- strative rules for advance allocations), states that 25% of the total AGREEMENT amount will be paid to the PUBLIC AGENCY prior to or during each successive three month period. The following chart delineates the amount to be allocated to the PUBLIC AGENCY on a quarterly basis. Total State Transit Assistance Allocation -$107,988.00 100% 1st Quarter Advancement-$ 26,997.00 25% 2nd Quarter Advancement-$ 26,997.00 25% 3rd Quarter Advancement-$ 26,997.00 25% 4th Quarter Advancement-$ 26,997.00 25% If the total advance of the four quarters exceeds the amount eligible for payment under this AGREEMENT, repayment to the DEPARTMENT must accompany the end - of -the -year financial and statistical report, as cited in Section 2.9(1) of the rules for advance allocations. Also refer to Section 7.2 of this AGREEMENT. 6a C C C STA -OP: 6/81 6.2 FINANCIAL LIMITS 6.21 The DEPARTMENT's participation in the PROJECT cost will be limited to the following funding criteria: 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECTS based on the following and up to the participation percentages denoted; if applicable: PROJECTS I.Evening Service This page revised prior to execution 8/1781. SPECIFIC LINE -ITEM EXPENSES OR COST ALLOCATION FACTORS USED FOR THE PROJECTS a. $11.62 per vehicle hour of evening ser- vice up to $71,988.0 (approximately 6195 vehicle hours). b. Evening service will consist of all vehi= cle hours of service operated after 6:30 p.m. on three routes and after 6:45 p.m. on four routes, week- nights or Saturdays. -7- DEPARTMENT's PARTICIPATION PERCENTAGE (if applicabl PROJECTS DEPARTMENT's CEILING AMOUNT 1. Evening Service $ 71 988.00 2. Marketing Program 6,000.00 3. Paratransit Service 30,000.00 4. 5. 6. DEPARTMENT's TOTAL CEILING AMOUNT $107,988.00 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECTS based on the following and up to the participation percentages denoted; if applicable: PROJECTS I.Evening Service This page revised prior to execution 8/1781. SPECIFIC LINE -ITEM EXPENSES OR COST ALLOCATION FACTORS USED FOR THE PROJECTS a. $11.62 per vehicle hour of evening ser- vice up to $71,988.0 (approximately 6195 vehicle hours). b. Evening service will consist of all vehi= cle hours of service operated after 6:30 p.m. on three routes and after 6:45 p.m. on four routes, week- nights or Saturdays. -7- DEPARTMENT's PARTICIPATION PERCENTAGE (if applicabl SPECIFIC LINE -ITEM EXPENSES OR COST PROJECTS ALLOCATION FACTORS USED FOR THE PROJECTS 2. Marketing Program 3. Paratransit service 4. 5. N a. Actual expenses for marketing materials, advertisement preparatic and distribution, and other marketing services. Marketing activities must have District man- ager's prior approval to be eligible for reimbursement. $1.48 per para transit passenger trip (unlinkec up to $30,000.00 (ap- proximately 20,270 trip: b. Verification to be maintained at Public Agency's office will con sist of copies -of driver daily boarding charts, unless subcontractor is fully implemented on an adequately main- taining UDMS, in which case monthly or quarterl summaries will suffice. This page revised to execgtion 8/17/81. a. s STA -OP: elpl C i DEPARTMENT's PARTICIPATION PERCENTAGE (if applicable) 100% .200;1-I STA -OP: 6/81 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollars, there will be no funding by the DEPARTMENT for any such project (refer to Sections 6.1 and 6.2). 6.32 Funding requests by the PUBLIC AGENCY to the DEPART- MENT shall be made by PROJECT as outlined in Section 6.2. Funding requests shall reflect costs incurred or performance attained, dependent on payment method (prescribed Section 6.22) toward each PROJECT. PROJECT overruns shall require a "change of work" request that has prior DEPARTMENT approval of the overrun. The DEPARTMENT's total ceiling amount shall not i)e increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.4 NO PROVISIONS 6.5 AUDIT AND_INSPECTION OF d0'JKS PROPERTY AND SERVICE 6.51 The PUBLIC AGENCY will be responsible for secciring proper auditing in accordance with OMB Circular A-102, Attach- ment P, paragraph 1 through 11 (Appendix E). 6.52 Two (2) copies of the audit prescribed in Section 66.51 of this AGREEMENT shall be sent to the DEPARTMENT by the PUhLTr AGENCY. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accu rating practices applied and all records main- tained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The PUBLIC AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regard to the AGREEMENT. 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit report. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPART- MENT upon request. 3 Z 003 STA -OP: 6/81 6.56 The PUBLIC AGENCY shall provide all information and ' reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The PUBLIC AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 QUARTERLY REPORTS The PUBLIC AGENCY agrees to supply a quarterly financial and non-financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied or approved by the DEPARTMENT. This material must be submitted to the DEPARTMENT within 30 days after each of the first three quarters. Failure to do so during the contract period may result in the establishment of a penalty or forfeiture clause in the following year's con- tract, at the discretion of the DEPARTMENT. 7.2 YEAR END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must submit within 45 days a final invoice, a financial and non-financial operating statement showing the total transportation expense and revenue of the total transit system. Failure to do so will be grounds for forfeiture of the funding of the remaining portion of the PROJECT by the DEPARTMENT. 7.3 FUNDING INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 9 � 00� STA -OP: 6/81 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payment for each project. 7.33 The financial and non-financial operating statement must accompany all requests for operating assistance and be itemized so ds to allow the DEPARTMENT to varify that the costs conform to the budget and pro- jects as outlined in this AGREEMENT. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, IA 50313. IN WITNESS WHEREOF, the parties hereunto have cause this AGREEMENT to be executed by their proper officials thereunto duly authorized as of the dates below indicated. IN WI NES THEREOF, we have hereunto set our hands this i day of ((�� , 1981 . C17Y OF IOWA CITY CITY }TALL IOWA CITY, IOWA PUBLIC TRANSIT DIVISION IOWA DEPARTMENT OF TRANSPORTATIO 52240 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 By: Sohn Balmer, Mayor 0 n e Short, Director Received & Approved By The Legal Department `I 3a k 10 '.2 dos, RESOLUTION NO. 81-273 RESOLUTION AMENDING THE AUTHORIZATION OF PERSONNEL IN THE LEGAL DEPARTMENT WHEREAS, Resolution No. 81-45 adopted by the City Council on March 10, 1981, establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS, the classification plan for the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities necessary to efficient departmental operations, and WHEREAS, the currrent work load of the Legal Department may be performed efficiently and in a cost effective manner with the services of a Legal Assistant position. NOW, THEREFORE BE IT RESOLVED THAT THE AUTHORIZATION OF PERSONNEL IN THE LEGAL DEPARTMENT BE AMENDED AS FOLLOWS: I. The removal of one Assistant City Attorney position. 2. The addition of one Legal Assistant position. It was moved by Lynch and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of October 1981. AYOR ATTEST: CITY CLERK Roberts the Received & Approved By The Legal Department bp 0 'R dot. RESOLUTION NO. 81-274 RESOLUTION ADDING ONE PERMANENT HALF-TIME POSITION IN THE ASSISTED HOUSING DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES WHEREAS, Resolution No. 81-45 adopted by the City Council on March 10, 1981, establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS, recent approval by the Department of Housing and Urban Development for 30 units of Section 8 Moderate Rehab Housing coupled with the soon to be accomplished occupancy of Phase I of our Turnkey Public Housing, have caused an increase in the workload to justify an additional half-time Leased Housing Specialist to be requested, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel be amended as follows: The addition of one permanent part-time Leased Housing Specialist position. It was moved by Erdahl and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 6th day of October , 1981. -:::gAYOR ATTEST: CITY CLERK rtxt-ri_,d 8 Approved Dy "h4 Legal Department 24 8 X007 Memorandum of Agreement Iowa City, Iowa October 12 . 1981 The City Council of Iowa City, Iowa, met in special session on the 12th day of October 1981, att :�—oo'clock, p.m.,—at Te Civic enter, City Hall, in Iowa City, —Yowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named CouncilMembers: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Lynch introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Marcia Kay Roggow" and moved its adoption; seconded by Council Member Roberts After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: (Seal) -1- RESOLUTION 81-275 A Resolution authorizing the execution of a Memorandum of Agreement with Marcia Kay Roggow WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has adopted an urban renewal plan, or the urban renewa area esignated t erein t er an enewa rea') and in furtherance of its efforts to carry out the urban renewal plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Marcia Kay Roggow (the "Obligor") in her commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- 0760/9 2- o?6®9 Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. 'Passed and approved this Attest: 12th day of October , 1981. -3- (Seal) EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Marcia Kay Roggow (the 'Obligor"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, pro- cessing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business. (b) The Obligor wishes to obtain satisfactory assurance from the Issuer that the Issuer has adopted an urban renewal plan, the Nei hborhood Develo ment Planr the urban renewa area esignate t erein t e r an enewa rea and in furtherance of its efforts to carry out the urban renewal plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Marcia Kay Roggow (the "Obligor") in his commercial enterprise, located within the Urban Renewal Area. (c) The Issuer considers that the acquisition and construc- tion of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $165,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Obligor, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Obligor upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. -4- 04ro// 3. Undertakings on the Part of the Obligor. (a) She will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) She will enter into a Loan Agreement with the Issuer under the terms of which the Obligor will obligate herself to pay to the Issuer sums sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Obligor herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Obligor shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) The Obligor agrees that she will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at her request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions.that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expres- sion of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the -City of Iowa TTY7 ow a. -5- o1 O/iZ Dated this 12th day of October , 1981. Iowa City, Iowa ayor Attest: (Seal) By Marcia Kay Roggow State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Marcia Kay Roggow and said City. WITNESS my hand and the seal of said City hereto affixed this / d<< day of ��Ze&A) , 1981. (Seal) 20 0? 013 Proceedings Fixing Date for Hearing Iowa City, Iowa October 12 , 1981 The City Council of Iowa City, Iowa, met in special session on the 12th day of October 1981, at�'clock, m., -at tie Civic Center, City Hal 1, in Iowa City, owa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named CouncilMembers: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Erdahl introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Marcia Kay Roggow Project)", and moved its adoption; seconded by Council Member Perret After due consideration of the said reso uTion by he Council, the Kayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer Nays None Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the me Attest: (Seal) -1- adjourned. or RESOLUTION 81-276 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Marcia Kay Roggow Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquirinq, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has adopted an urban renewal plan, the Nei hhorhood Develo ment Plan or the ur an renews area eslgnate t erein the rban enewa Area ) and in furtherance of its efforts to carry out the urban renewal plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Marcia Kay Roggow (the "Obligor") in her commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (Marcia Kay Roggow Project) of the Issuer in an aggregate principal amount not to exceed $165,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of theict; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the loth day of Novemb 1981, at 7:30 o'clock, p m., at which time and p ace a public -2- hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of inten- tion to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in _ , a newspaper published and having a genera c rcu ation within the Issuer. The notice shall be in substantially the following form: 0 -3- NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (Marcia Kay Roggow Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the IOth day of Nnvpmhpr , 1981, at the Civic Center, City Nin Iowa City, Iowa, at 7.50 o'clock, for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Marcia Kay Roggow Project) of the Issuer, in an aggregate principal amount not to exceed $165,000 (the "Bonds"), and to loan said amount to Marcia Kay Roggow (the "Obligor"), for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of her commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan th Neighborhpod_Devimit ent P_l r>_ The Bonds, w en Issued, wt e tmtte�o6ltgatton� willnot t consti- tute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Obligor, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 22nd day of October , 1981. Q �ni.n.,J - /ill,.&L�{J City Clerk VJ -4- as/7 Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 12th day of October 1981. Attest: City Clerk i -5- m State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do he qualified and acting City Cler such I have in my possession o said City and of its officials hereto attached with the said constitutes a true and correct showing the action taken by th for a public hearing on the pr Revenue Bonds, Series 1981 (Ma principal amount not to exceed reby certify that I am the duly ap k of the aforementioned City and t r have access to the official reco and that I have compared the trans official records and that the same and complete copy of such official e City Council of said City to set oposal to issue Industrial Develop rcia Kay Roqgow Project) in an agg painted, hat as rds of cript records a date ment regate $165,000. WITNESS my official signature and the seal of said City this 17th day of October , 1981. (Seal) �? 0/.9 RESOLUTION NO. 81-277 RESOLUTION ACCEPTING THE WORK THE PARKING RAMP "A" EXIT LANE WHEREAS, the Engineering Department has recamnended that the im- provement covering the Parking Ramp "A" Exit Lane as included in a contract between the City of Iowa City and Midwest Electrical Contractors Inc. of Iowa City, Iowa dated June 11, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, 4 AND WHEREAS, maintenance bonds have been filed, 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 Vevera and seconded by Lnch that the resolution as re e a opt , and upon roll call ere were: AYES: NAYS: ABSEN': Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of October - , 1981. 1 yor I ATTEST: City Clerk 14 Received & Approved By The Legal Department CITY OF IOW/ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500(D ENGINEER'S REPORT October 12, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Parking Ramp "A" Exit Lane, as constructed by Midwest Electrical Contractors Incorporated of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Jsp ctfu/1�llysu"mytt�d, Frank K. Farmer, P. E. City Engineer bdw4/8 c90.Z/ All`/-& RESOL[IPION No. 81-278 RESOLU'ION ACCEPPIIC THE PAVING AND STORM SEWER FOR COURT HILL - SCOTT BOULEVARD, PART 8 WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, The paving and storm sewer for Court Hill - Scott Boulevard, Part 8, as constructed by Metro Pavers, Inc., of Iowa City, Iowa, and Knowling Brothers Contracting Company of Coralville, Iowa. AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. are on file in the City Clerk's Office, NOW 'FORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Vevera and seconded by Lynch that the Resolution as read be acc , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x passed and approved this 20th day of October , 1981 ATTEST: 0?007X CITY OF CIVIC CENTER 410 E. WASHINGTON ST OWA CITY IOWA CITY, IOWA 52240 (319) 356-5070 ENGINEER'S REPORT October 12, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The paving and storm sewer for Court Hill -Scott Boulevard, Part 8, as constructed by Metro Pavers, Inc. of Iowa City,, Iowa, and Knowling Brothers Contracting Company of Coralville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. sp Y-7 s1�/b/mi e , - {/ v Frank K. Farmer, P.E. City Engineer bdw4/9 ,J a,a.3 RESOLUTION N0. 81-279 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE II WHEREAS, the Engineering Department has recommended that the im- provement covering the Iowa City Downtown as included in a contract between the City of Iowa City and Town and Country Electric Company of Iowa City dated May 19, 1981 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, 4 AND WHEREAS, maintenance bonds have been filed, 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 Vevera and seconded by L nch that the resolution as re e a opt , and upon roll call the were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x 1 VEVERA x I Passed and approved this 20th day of October , 19 8} ATTEST: ey a Legal Department %76f) /0-//-/- ki OFAA30 CITY CSF 10\A//-\ CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 ENGINEER'S REPORT October 13, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: CITY (319) 356-5000 I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Iowa City Downtown Electrical Revision, Phase II, as constructed by Town & Country Electric Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Res ctfully s mid, Frank K. Farmer, P.E. City Engineer rchaelKuch zak Ho ing & Inspection Services 07 0aS The City Council of Iowa City, Iowa, met in on the 26th day of October , 1981, p.m., at the Civic Center, City Hall, in Iowa was called to order and there were present John chair, and the following named Council Members: Erdahl, Perret, Roberts, Vevera Absent: Lynch, Neuhauser Memorandum of Agreement Iowa City, Iowa October 26 . 1981 a�session Iclock, City, Iowa. The meeting R. Balmer, Mayor, in the Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Perret introduced a resolution entitled "A Resolution authorizing the --execution of a Memorandum of Agreement with I.C.B.B., Inc." and moved its adoption; seconded by Council Member Roberts . After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Nays: Balmer, Erdahl, Perret, Roberts, Vevera None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: 3ZL City Clerk (Seal) ff'. �O*V'A Z�Agi - q -1- e?D.Z.G RESOLUTION 81-280 A Resolution authorizing the execution of a Memorandum of Agreement with I.C.B.B., Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer, as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an urban renewal plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the urban renewal area desig- nated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by I.C.B.B., Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 26th day of October , 1981. Attest: City C erc (Seal) -3- EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and I.C.B.B., Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, pro- cessing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business. (b) The Issuer has adopted an urban renewal plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the urban renewal area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the urban renewal plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by I.C.B.B., Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Issuer considers that the acquisition and construc- tion of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $ 460,000 (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. -4- ,2aozf 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at its request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expres- sion of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa rtv, owa. -5- -O?Oj o Dated this 26th day of October , 1981. Attest: JJ4- City Clerk (Seal) State of Iowa County of Johnson SS: City of Iowa City Iowa City, Iowa Mayoc � I.C.B.B.. INC. s M I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between I.C.B.B., Inc, and said City. WITNESS my hand and the seal of said City hereto affixed this 26th day of October , 1981. �2V,�, City Clerk (Seal) Proceedings Fixing Date for Hearing Iowa City, Iowa October 26 . 1981 The City Council of Iowa City, Iowa, met in special session on the 26th day of October , 1981, a—t—=�o'clock, P.m., at the Civic Center, City Ha in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Perret, Roberts, Vevera Absent: Lynch, Neuhauser Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Erdahl introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (I.C.B.B., Inc. Project)", and moved its adoption; seconded by Council Member Roberts . After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Perret, Roberts, Vevera, Balmer Nays: None Absent: Lynch, Neuhauser Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: CitaL &4L y Clerk (Seal) -1- o'7d.3.2 , RESOLUTION 81-281 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (I.C.B.B., Inc. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has adopted an urban renewal plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the urban renewal area desig- nated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the urban renewal plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by I.C.B.B., Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (I.C.B.B., Inc. Project) of the Issuer in an aggregate principal amount not to exceed $ 460.000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 24th day of November 1981, at 7:30 o'clock, p m., at which time and place a public -2- �?o33 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (I.C.B.B., Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the _ 24th day of November '1981, at the Civic Center, Cityy-75" F, in Iowa City, owa, at 7;30 O'clock, V m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (I.C.B.B., Inc. Project) of the Issuer, in an aggregate principal amount not to exceed S 460 000 (the "Bonds"), and to loan said amount to I.C.B.B., Inc. (the "Company"), for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enter- prise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan, Project No. Iowa R- 14. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution. determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this day of 1981. City Clerk -4- old 3t, hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of inten- tion to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the I a , a newspaper published and having a genera circu an on within the Issuer. The notice shall be in substantially the following form: -3- 07035 Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 26th day of October , i>kI3m Attest: -5- ° ao3` State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (I.C.B.B., Inc. Project) in an aggregate principal amount not to exceed $ 460,000 WITNESS my official signature and the seal of said City this 26th day of October , 1981. (Alize City Clerk (Seal) o?37 (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: City of Iowa.City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in , a legal newspaper, printed wholly in the Eng ish anguage, pu ished in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this day of , 1981. City Clerk (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to,the actual date of publication of the notice.) Sd �0,38� "t"- -A"�� RESOLUTION NO. 81-282 RESOLUTION ADOPTING SUPPLEMENT NUMBER TEN TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the tenth supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number ten 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 ten 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 Vevera and seconded by Perret the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved tnis 10th day of November, 1981. ATTEST:�� CITY CLERK WN 0 1 // i � ,•�. — Received & Approved By The Legal Department .9039 A/1� WHEREAS, the provement covering RESOLUTION N0. 81-283 RESOLUTION ACCEPTING THE WORK FOR THE FY82 ASPHALT RESURFACING P RQJ Fr..T iartment has recommended that the im- alt Resurfacing Project as included in a contract between the City of Iowa City and L. L. PallinoCompan Inc. of Iowa City_ Iowa dated July 16, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Vevera arxi seconded by Perret that the resolution as read be adopted, and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 10th day of November- 1981• yor ATTEST: lm - City Clerk Racet:aa 8 Appn;.a `By The Legal Depar#:nant S-/ 'ZO-2O f 41 CITY OF CIVIC CEN(ER 410 E. WASHINGTON ST OW/A CITY IOWA CIT`(, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT November 4, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The FY82 asphalt resurfacing project as constructed by L.L. Pelling Company, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R tm Frank K. Farmer, P.E. City Engineer bj3/11 RESOLUTION NO. 81-284 RESOLUTION ACCEPTING THE ADRK FOR THE CBD ALLEY PAVING - PHASE II, BLOCK 82, O.T. WHEREAS, the Engineering Department has recommended that the im- provement covering the CBD Alley Paving - Phase II, Block 82, O.T. as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa dated July 14, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Vevera and seconded by Perret that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 10th day of November. 1981• Received & Approved By The Legal Departmeq, CITY OF CHIC CENTER 410 E. WASHINGTON ST OW/A CITY IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT November 4, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The CBD Alley Paving - Phase II, Block 82, O.T. as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I.hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. 77: ully Frank K. Farmer, P.E. City Engineer bj3/11 .7a V.3 RESOLUTION NO. 81-285 RESOLUTION POSTPONING PUBLIC HEARING ON THE MATTER OF THE NOTICE OF VIOLATION, NOTICE OF CLAIM, AND ORDER OF COMPLIANCE ISSUED BY THE CITY OF IOWA CITY TO SHELLER -GLOBE CORP. ON JULY 1, 1981, AND DIRECTING CITY CLERK TO GIVE WRITTEN NOTIFI- CATION OF SAID POSTPONEMENT TO SHELLER -GLOBE CORP. BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the matter of the Notice of Violation, Notice of Claim, and Order of Compliance issued by the City of Iowa City to Sheller -Globe Corp. on July 1, 1981, relating to prohibited discharges into the City's sewer system, was to be held before the City Council on the 10th day of November, 1981, at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. That a principal witness for the City has become ill and will not be available for testimony until after January 1, 1982, and a new hearing date shall have to be set for the month of February, 1982, with exact date to be determined by Council regulation at least 30 days prior to said hearing. 3. That the City Clerk is hereby authorized and directed to furnish a copy of. this resolution to Sheller -Globe Corp. by certified mail. That the City Attorney shall furnish a copy of this resolution by ordinary mail to all attorneys of record. It was moved by Vevera and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10th day of November 1981. ATTEST: zLct CITY CLERK 6ico¢v&d & Q,pproved BY ine Legal Department og0i=�0 Proceedings to Proceed With Issuance and Sale Iowa City, Iowa November 10 . 1981 The City Council of Iowa City, Iowa, met in regular sessioin on the 10th day of November, 1981, at 7:30 o'clock, D.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- �?o ycS N After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Roberts introduced a Resolution entitled: "Resolution to Proceed With the Issueance and Sale of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000" and moved its adoption, seconded by Council Member Neuha er After due consideration of said Resolution by the Counci , the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Roberts Vevera Balmer Erdahl. lynch Neuhauspr Nays: Perret Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: 29--f4, City Clerk (Seal) -2- a604 2- ao04 RESOLUTION 81- 286 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, the Neighborhood Development Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Marcia Kay Roggow (the "Obligor") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Obligor in her commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) of the Issuer in an aggregate principal amount not to exceed $165,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor upon mutually agreeable terms, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to the City Council of the Issuer, been Act; and issue the Bonds has, as directed by duly given in compliance with the WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- Section 1. It is hereby determined that the undertaking of the project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Obligor regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all -other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 10th day of Movember, 1981. Attest: City Clerk (Seal) MIN ZA WAR -4- 'V?Giza State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Marcia Kay Roggow Project) in an aggregate principal amount not to exceed $165,000. WITNESS my hand and the corporate seal of said City hereto affixed this 10th day of November, 1981. (Seal) r�u-z'- c -a, iCity C er: jJ -5- ao 1, Proceedings to Proceed With Issuance and Sale Iowa City, Iowa November 10 , 1981 The City Council of Iowa City, Iowa, met in regular sessioin on the 10th day of November, 1981, at 7:30 o'clock, p.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Erdahl Lynch Neuhauser. Perret Roberts Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- .7050 After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Roberts introduced a Resolution entitled: "Resolution to Proceed With the Issueance and Sale of Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000" and moved its adoption, seconded by Council Member Vevera After due consideration of said Resolution by the Council, the May put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Roberts, Vevera, Balmer, Erdahl, Lynch Nays: Neuhauser, Perret Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: City O--ZL- lerk (Seal) -2— a d5l - I I - - - , - -, r RESOLUTION 81- 287 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed 5434,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest -therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multi -state business; and WHEREAS, the Issuer has been requested by Gerald L. Doe (the "Obligor"), to issue its industrial development revenue bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the , Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project") to be located within the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981, (Doe Beverage Company, Inc. Project) of the Issuer in an aggregate principal amount not•to exceed $434,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; -3- a®,S.Z NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorized, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 2. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 3. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 10th day of November, 1981. Attest: CiIUL ty Clerk (Seal) -4- / i UX -- 0705,3 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000. WITNESS my hand and the corporate seal of said City hereto affixed this loth day of November, 1981. . rizL City Clerk -5- o?o.Sf/ Memorandum of Agreement Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the loth day of Nnvpmhpr , 1981, at 7:30 o'clock, --P—.m., at the Civic Center, City Ila] in Iowa City, Iowa. The meeting was called to order and there were present Jnhn R Balm r Mayor, in the chair, and the following named Council Members: Absent: Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Parrot introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Anreement with Juceco, Inc." and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Vevera Balmer Frdahl lynch Neuhauser, Perret Roberts Nays: Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. 4ay:041 Attest: City Clerk (Seal) -1- aosS RESOLUTION 81- 288 A Resolution authorizing the execution of a Memorandum of Agreement with Juceco, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adodpted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Awa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Juceco, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- 070.5'6 Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 10th day of November , 1981. ayor Attest: City Clerk /�' (Seal) -3- EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Juceco, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designat�t�in (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Juceco, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $100,000. -4- (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an,indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expres- sion of the Issuer's current intention to proceed with the issuance of -5- aos9 y the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa owa. Dated this 10th day of Nnvpmhar 1981. Iowa City, Iowa Mayor Attest: City Clerk (Seal) State of Iowa County of Johnson SS: City of Iowa City JUCECO, I By � 0,�S I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Juceco, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 10th day of November 1981. City Clerk (Seal) 4oGO Proceedings Fixing Date for Hearing Iowa City, Iowa November 10 , 1981 The City Council of Iowa City, Iowa, met in regular session on the lnth day of November , 1981, at 7:30 o'clock, __.p_.m., at the Civic Center, City Hall, in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Roberts,1'evera Absent: Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Perret introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, (Juceco, Inc. Project)" and moved its adoption; seconded by Council Member Vevera After due consideration of the said reso ution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Nays: None Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: yor a- AaL City Clerk (Seal) -1- RESOLUTION 81- 289 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Juceco, Inc. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area esign� ate tTierein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Juceco, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds, (Juceco, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 8th day of , 1981, at 77;,-aO o'clock, D.m., at which t me and place a public hearing s as be the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of inten- tion to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa Cit Press-Cizen , a newspaper published and having a genera circu a n on withintithe ssuer. The notice shall be in substantially the following form: M 07063 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Juceco, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on theday of December , 1981, at the Civic Center, City Hall, in Iowa City, Iowa, at 7:30 o'clock, �.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Juceco, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $100,000 (the "Bonds"), and to loan said amount to Juceco, Inc., (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility -located within the Urban Renewal Area designated in the Issuer's urban renewal plan i-, .. ... .--- --..,- -- .._ - . . . _..-_. ute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds,, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 10th day of November , 1981. -4- .7060 Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 10th day of November 1981. Attest: D. ay or -5- "On G.S .16/ 1/ t of RESOLUTION NO. 81-290 RESOLUTION ADOPTING AN AMENDMENT TO THE INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa and the City of Iowa City adopted a Neighborhood Redevelopment Plan to meet the requirements of Chapter 403 of the Code of Iowa on February 1, 1977, Resolution No. 77-29; WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979, to be eligible for Industrial Revenue Bonds; WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980, Resolution No. 80-474, and amended on October 6, 1981, Resolution 81-266; and WHEREAS, the City of Iowa City wishes to encourage medium and high density housing in and near downtown Iowa City as expressed in the City's Comprehensive Plan, adopted May 30, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy map of eligible areas for the City of Iowa City, Iowa be amended as follows: 1. To expand the designated area to include the area of Outlot 25 as shown on Attachment A to be developed for medium to high density housing. . It was moved by Vevera and seconded by Resolution be adopted, and upon roll call there were: AYES Passed and approved this lnth ATTEST: CITY CLERK NAYS: ABSENT: Neuhauser the Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera day of November 1981. -4Z�,iA OR Received & Approved By The Legal Department 0 �_ ATTACHMENT A 95 41 WIVERSITY OF IOWA PROPOSED ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS 1 20071110. - 0 J � • 1 111 =0 ■A� 1 - M we . 41 Qo 11I 11 :1� ?I MIS 11. E� ELIGIBLE CH.403 AREA URBAN RENEWAL R-14 K, The southern and eastern boundary lines on outlot 25 are defined by a line beginning 330' south of the point of beginning on the western boundary of the large scale residential development plan, Ralston Creek Village, approved by the City Council 5/15/80, with said line proceeding east and south along the existing asphaltic concrete (as shown on the plan), and along 38' of the Abrams Furniture building to Ralston Creek and following a line along the west bank of Ralston Creek then across the Creek, north approximately 480' to the intersection of the center of the right-of-way of Van Buren St. 01067 lel -"1z' RESOLUTION NO. 81-291 RESOLUTION STATING THE DESIRE OF IOWA CITY, IOWA, THAT THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS BE DESIGNATED THE METROPOLITAN PLANNING ORGANIZATION. WHEREAS, as a result of the 1980 Census the United States Census Bureau has designated Iowa City and its surrounding densely developed area an Urbanized Area, WHEREAS, the United States Code requires that a Metropolitan Planning Organization be designated by the Governor of Iowa for the purpose of carrying out urban -wide transportation planning requirements, WHEREAS, the City of Iowa City has entered into an agreement with other jurisdictions in the Iowa City Urban Area establishing the Johnson County Council of Governments and is a member of said organization, NOW THEREFORE BE IT RESOLVED, that the City Council of Iowa City, Iowa, desires that the Johnson County Council of Governments be designated the Metropolitan Planning Organization for the newly established Iowa City Urbanized Area. It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10th day of November , 1981. AYOR ATTEST: ��,,� CITY CLERK Received ✓i Approved By the Legal Department II 5 '?e6 F Johnson Cc ty Council of Governn its r410EWashirgtonSt. 0 bvvo City, loves 52240 Date: November 3, 1981 To: Iowa City City Council & City Manager Coralville City Council & Mayor Johnson County Board of Supervisors to From:John Lundell, Transportation Planner Re: r Resolution Concerning MPO Designation The Iowa Department of Transportation has requested that jurisdictions within the Iowa City Urban Area pass a resolution stating their desire that the Johnson County Council of Governments be the Metropolitan Planning Organization (MPO) for transportation planning issues. Upon passage of this resolution by each jurisdiction the Governor of Iowa will be requested by the Iowa DOT to designate JCCOG as the MPO. The appropriate resolution is included in your meeting packet. Should you have any questions please feel free to call me. Thank you. tpl/9 cc: Don Schmeiser U o?o4 RESOLUTION NO. 81-292 RESOLUTION APPROVING FY '83, '84, '85, '86, '87 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1982, TO JUNE 30, 1987 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, 1982, to June 30, 1987, be approved. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS x x x x x x x ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 10th day of November 1981. Ma376r ATTEST: City Clerk Received & Approved By The legal Department Iowa Department of Transportation Form 220001 5.79 OFFICIAL STREET CONSTRUCTION PROGRAM FOR ❑ CITIES - Pop. 1,000-4,999 (one-year) ® CITIES - Pop. 5,000 & over (five-year comprehensive) CITY Iowa Ci COUNTY Joh FROM JULY 1, 1962 TO JUNE 30, 1967 a city clerk of the City of l owa o Ly , do hereby certify that the city council has by resolution approved this official report as its fiscal July 1, 1962 to June 30, 1967 -one-year/five-year comprehensive Street Construc- tion Program this Month , Day , Year City Clerk Abbie Stolfus Mailing Address 410 E. Washington Street Iowa City, Iowa 52240 Daytime Phone No. (319)356-5041 Hours Available 6:00 a.m. - 5:00 p.m. ,e... r ne, MEMBERS OF THE COUNCIL John Balmer Clemens Erdahl Larry Lynch Mary Neuhauser David Perret Glenn Roberts Robert Vevera Cities -Pop. 5,000 & over shall file, on or before December 1 of each year, two copies of this report with the Iowa Department of Transportation. Cities -Pop. 1,000-0,999 shall file, on or before December 31 of each year, two copies of this report with the Iowa Department of Transportation. DISTRIBUTION: White - Office of Transportation Inv.;Yellow - City Copy:Pink - District Transportation Planner 7n 7/ k3 0 v FORM 220DQ2 3.80 . TYPE OF CONSTRUCTION 1 RIGHT OF WAY 2 GRADE AND DRAIN 3. PAVE 4 RECONSTRUCTION 5. PAVEMENT WIDENING 6 RESURFACING 7. SHOULDER WIDENING B. SURFACE RESTORATION 9. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11 STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL JLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION D5 TRUNK EXT. OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 82 To June 30, 19 87 Pop. 1,000 • 4,999 ❑ 1 year program Pop. 5,000 & over M 5 year program R.U.T. 4 SHEET I OF 2 CITY Iowa Ci COUNTY Johnson FN - PROJ. NO. STREET NAME PROJECT LIMITS STATE FUNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 83 1 Highway #1 Improvements West City Limits Hwy #6, 218, & 1 Intersection 04 P.C.C. 1,2,3 1.40 (City share) 440,000 83 2 Benton/Riverside Intersection 10 P.C.C. 1,4,10 0.30 (City share) 480,000 83 3 Iowa Avenue Bridge at Iowa River 10 P.C.C. 9 0.10 960,000 83 4 Dubuque Street Park Road Iowa Avenue 10 Asphalt 6 0.70 300,000 83- 87 5 Asphalt Resurface (miscellaneous locations) 10,11,12 Asphalt or P.C.C. 6 Unknown 5 @ 300,000 1,500,000 83- 87 6 Street and Curb Repair (miscellaneous locations) 10,11,12 Asphalt or P.C.C. 4 Unknown 5 @ 100,000 500,000 83 7 Governor/Burling- ton Signalization Intersection 10 NA 10 NA 24,500 84 8 Burlington Street Bridge at Iowa River 10 P.C.C. 9 0.10 1,106,000 84 9 Dubuque Street Washington Street Iowa Avenue 11 Asphalt 8 0.10 175,000 84 10 Clinton Street Washington Street Iowa Avenue 11 Asphalt 8 0.10 125,000 84 11 Linn Street Burlington Stree Washington Street 11 Asphalt 4 0.20 250,000 Distribution: White - Office of Trans. Inv ., Yellow - City Copy; Pink- District Planner FORM 22DD02 3.80 TYPE OF CONSTRUCTION 1 RIGHT OF WAY 2. GRADE AND DRAIN 3 PAVE 4 RECONSTRUCTION 5, PAVEMENT WIDENING S. RESURFACING 7 SHOULDER WIDENING B. SURFACE RESTORATION B. BRIDGE OR CULVERT ONLY 10. INTERSECTION LIGHTING 11. STREET LIGHTING 12. MISCELLANEOUS STATE FUNCTIONAL JLASSIFICATION 04 ARTERIAL EXTENSION 05 ARTERIAL CONNECTOR EXTENSION 06 TRUNK EXT. OF 07 TRUNK RURAL COLLECTOR SYSTEMS 10 MUNICIPAL ARTERIAL SYSTEMS 11 MUNICIPAL COLLECTOR SYSTEMS 12 MUNICIPAL SERVICE SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 1982_ To June 30, 19 87 Pop. 1,000 • 4,999 O 1 year program Pop. 5,000 & over LA 5 year program R.U.T. 4 SHEET 2 OF 2 CITY Iowa City COUNTY Johnson Fly PROJ. NO. STREET NAME PROJECT LIMITS STATE FDNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 86 12 Camp Cardinal Rd. Bridge at Clear Creek 12 Timber 9 NA 290,000 Distribution: Wnite- Office of Trans, Inv.;Yellow. City Copy; Pink- District Planner RESOLUTION NO. 81-293 RESOLUTION AMENDING THE AUTHORIZED PERMANENT POSITIONS IN THE PLANNING AND PROGRAM DEVELOPMENT DEPARTMENT. WHEREAS, Resolution 81-45 adopted by the City Council on March 10, 1981 establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS, elimination of the Development Programs Division will create changes in staff assignments and in the level of job classification required, and WHEREAS the amendment to the authorized permanent positions will not require additional funding in the FY82 operating budget. NOW, THEREFORE BE IT RESOLVED BY THE the authorized positions in the department be amended as follows: Deletion of: CITY COUNCIL OF IOWA CITY, IOWA that Planning and Program Development 1 Development Programs Coordinator 1 Planner I position 2. Addition of: 2 Planner II positions It was moved by, Lynch and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10th day of November , 1981. I AYOR ATTEST: 21, '- CITY CLERK Received & Rpprovcr! By The Legal Department '?v75�e Proceedings Fixing Date for Hearing On Increased Amount of Bond Iowa City, Iowa November 16 , 1981 The City Council of Iowa City, Iowa, met in special session on the 16th day of November 1981, at o'clock, p m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Neuhauser, Perret Roberrs, Vevera Absent: Lvnch Matters were discussed concerning the issuance of Industrial Development Revenue Bond. Whereupon, Council Member Vevera introduced a resolution entitled: "Resolution fixing a date for hearing on proposed increase in amount of Industrial Development Revenue Bond (Henry Louis Inc. Project)", and moved its adoption, seconded by Council Member Perret After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: _Erdahl, Neuhauser, Perret, Roberts Vevera Balmer Nays: Absent: Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. Attest: City Clerk (Seal) E•�/`9�/ -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA �G%S� RESOLUTION 81-294 Resolution fixing a date for hearing on proposed increase in amount of Industrial Development Revenue Bond (Henry Louis Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Henry Louis Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WIIEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bond (Henry Louis Inc. Project) of the Issuer in an amount not to exceed $95,000 (the "Bond") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, a public hearing was held on May 19, 1981, on the proposal to issue the Bond in the aggregate principal amount not to exceed $80,000 at the time and place as specified in a notice duly published as required by Section 419.9 of the Act and all objections or other comments relating to the issuance of the Bond in that amount have been heard; and WHEREAS, this Council on May 19, 1981, determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bond in the aggregate principal amount not to exceed $80,000, as 1 -2 SELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS. DES MOINES, IOWA '2D,` authorized and permitted by the Act to finance the cost of the Project, and such actions would be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bond in the said amount; and WHEREAS, before the Bond may be issued in an amount not to exceed $95,000, it is necessary to conduct a public hearing on the proposal to issue the Bond in said increased amount, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 8th day of December , 1981, at 7:30 o'clock, p .m., at which time and place a public hearing shall e�h—efd on the proposal to issue the Bond in an amount not to exceed $95,000, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bond. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bond, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press -Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- BELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA aG71 Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 16th day of November , 1981. ayor Attest: City Clerk (Seal) -5- HELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 07o;%F State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official.records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bond (Henry Louis Inc. Project) in an increased principal amount of not to exceed $95,000. WITNESS my official signature and the seal of said City this 16th day of November , 1981. (Seal) L 214_ CityyClerk ',is BELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA .2a77 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Henry Louis Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 8th day of December, 1981, at the Civic Center, in Iowa City, Iowa, at 7:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, (Henry Louis Inc. Project) of the Issuer, in an amount not to exceed $95,000 (the "Bond"), and to loan said amount to Henry Louis Inc. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. Following a public hearing on May 19, 1981, the City Council determined it to be necessary and advisable to proceed with the issuance and sale of the Bond in an aggregate principal amount not to exceed $80,000, but subsequently has been requested by the Company to increase the maximum amount of the Bond to $95,000. The Bond, if issued, will be a limited obligation and will not constitute a general obligation of the Issuer nor will it be payable in any manner by taxation, but the Bond will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bond as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bond, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bond. By order of the City Council, this 18th day of November , 1981. City Clerk City of Iowa Ci*,&# MEiAORANUUM Date: November 5, 1981 To: City Council From: Rosemary Vitosh, Director of Finance 1� " Re: Industrial Revenue Bonds (Henry Louis, Inc. Project) On May 19, 1981, Council approved a resolution to proceed with the issuance and sale of Industrial Revenue Bonds for the Henry Louis, Inc. Project in an amount not to exceed $80,000. The bond proceeds will be used to finance the leasehold improvements and equipment purchases for a camera store in the Old Capitol Center. The projects costs have exceeded the original estimate and Henry Louis, Inc. is requesting that the City Council authorize an increase in the amount of bonds to "not to exceed $90,000." A review of the financial analysis done by City staff indicates that the increased amount of debt should cause no financial problems. Iowa State Bank and Trust will be purchasing the bonds and has no objections to increasing the amount. t�4/7 '07M/ Iowa City, Iowa, November 16, 1981. The City Council of Iowa City, Iowa, met on the above date in the Civic Center, in Iowa City, Iowa, at 3:00 o'clock P.M., in open special session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None -1- X083 Matters were discussed relative to the request from Ralston Creek Apartments Ltd., regarding the issuance of not to exceed $2,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project). Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Roberts introduced the following Resolution in written form and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: BYES: Lynch, Neuhauser, Roberts, Vevera Balmer, Erdahl NAYS: Pe The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2-7 Off IV RESOLUTION NO. 81-295 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $2,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (RALSTON CREEK APARTMENTS LTD. PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for the use of any commercial enterprise which the City Council, as the governing body, finds is consistent with an urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and W�IEREAS, the City has been requested by Ralston Creek Apartments Ltd., an Iowa corporation (hereinafter referred to as the "Company"), to authorize and issue its Industrial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a multiple -unit residential apartment facility (hereinafter referred to as the "Project"); and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Neighborhood Development Plan adopted by the City, and will promote urban renewal, reha- bilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and -3- ,7 oas WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $2,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Ponds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecu- niary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the the Bonds; and ` WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construc- tion or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall he conducted on December 8, 1981, at 7:30 o'clock P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, Iowa, on the proposal to issue not to exceed $2,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Iowa Citv Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: -5- a-W NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (RALSTON CREEK APARTMENTS LTD. PROJECT) Notice is hereby given that a public hearing will he conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 o'clock P.M., on December 8, 1981, on the proposal to issue not to exceed $2,000,000 principal amount of the City's Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a multiple -unit residential apartment facility to he located within the area of and consistent with the City's Neighborhood Development Plan. The proposed facilities will be owned by Ralston Creek Apartments Ltd., an Iowa corporation (the "Company"). It is contemplated that a Loan Agreement will be entered into between the City and the Companv, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall,due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of. said Citv within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecu- niary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall he given an opportunity to express their views for or against the propo- sal to issue said Bonds, and at said hearing, or any adjourn- ment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. Abbie Stolfus, C$erk of the City of Iowa Citv, Iowa -6- '70068 Section 3. The City recognizes that regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Industrial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute solely for federal income tax purposes official action or some other simi- lar official action" with respect to the issuance of such Bonds. Section 4. That in order to assure the acquisition, con- struction, improvement and equipping of the proposed facilities in the City, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but other- wise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved November 16, 1981. ty of Iowa -4G- ty, wa (SEAL) ohno hn z R. Balmer, Mayor Atte'q�$/It• Abbie Stolfus, CiXy Clerk -7- ae 89 CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on November 16, 1981, regarding the issuance of not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) of the City of Iowa City, Iowa, directing publication of notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, 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 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 16th day of November, 1981. —Z 4- 'o�" (SEAL) Abbie Stolfus, Cit Clerk State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Notary Public in and for the (SEAL) State of Iowa EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Ralston Creek Apartments Ltd., an Iowa corporation, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are tate following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and improvements suitable for use of any commercial enterprise which the City Council, as the governing body, finds is con- sistent with an urban renewal plan adopted by the City pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Neighborhood Development Plan and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area therein, the City proposes to issue its Industrial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Bonds to enable the Company to finance the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a multiple -unit residential apartment facility (herein referred to as the "Project"); and (c) It is considered essential that acquisition and construction related to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. However, before com- mencing the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City's Industrial Development Revenue Bonds, which, when issued, will be used to finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Bonds requested to be issued is presently estimated not to exceed $2,000,000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing -1- '? a9/ as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote urban revitalization, rehabilitation and redeve- lopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing jurisdictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds to be issued and sold for the purpose of financing the Project, pursuant to the terms of the Act as then in force, in an aggregate principal amount presently estimated not to exceed $2,ono,000. (h) That it will cooperate with Company to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the autho- rization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment with the Company with respect to the Project, all as shall be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pa_v the principal of, premium, if any, and interest on the Ronds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. -2- ROM 3. Undertakings on the Part of the Companv. The Company covenants and agrees as follows: (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and deli- very thereof shall be mutually satisfactory to the City and the Company. (b) That it has not, prior to the execution of this agree- ment by the City, acquired or commenced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. (c) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that on or before December 1, 1982 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for -3- 093 all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, or done at the request of the Company. (c) It is expressly understood by both parties to this Memorandum of Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current inten- tion to proceed with the issuance of the Bonds and to consti- tute "some other similiar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of this Memorandum of Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance of all provisions of the Industrial Revenue Bond Policy And Proceedures For The City Of Iowa City, Iowa. (d) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 16th day of November, 1981. City of Iowa City, Iowa (Seal of City) Attest: ohn R. Balmer, KavOr Abbie Stolfus, Cifly Clerk Ralston Creek Apartments Ltd. or AGENDA SPECIAL COUNCIL MEETING NOVEMBER 16, 1981 Item No. 1 - MEETING TO ORDER —/ I__ --- ROLL CALL Item No. 2 - CONSIDER RESOLUTION FIXING A DATE FOR HEARING ON PROPOSED INCREASE IN AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BOND (HENRY LOUIS, INC., PROJECT). Comment: The Council approved a resolution on November 10, 1981, to set a public hearing to consider increasing the amount of Industrial Revenue Bonds for the Henry Louis, Inc., Project from $80,000 to $90,000. Henry Louis, Inc., had actually requested an increase in the amount to $95,000 and the resolution previously approved had an incorrect amount. This resolution sets a public hearing on December 8, 1981, to consider increasing the amount from $80,000 to $95,000. Action: Item No. 3 - CONSIDER A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $2,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOP- MENT REVENUE BONDS (RALSTON CREEK APARTMENTS, LTD, PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. Comment: The resolution will be the usual resolution authorizing execution of a memorandum of agreement and setting a public hearing on December 8, 1981. The Bond Attorney was not able to mail the resolution until Friday, November 13, 1981. Copies will be distributed to Council at the meeting on Monday, November 16. Deferral of consideration of this resolution until the November 24 Council meeting would necessitate scheduling the public hearing on December 22, 1981. This would delay the issuance of bonds and could jeopardize the possibility of issuing bonds at all due to pending Federal legislation. Action: Item No. 4 - ADJOURN TO INFORMAL SESSION. OvAr WHEREAS, RESOLUTION NO. 81-296 RESOLUTION TO REFUND CIGARETTE PERMIT Bart's Place at 826 S. Clinton in Iowa City, Iowa, has surrendered cigarette permit No. 82-130 expiring June 30th 19 82 , 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. 82-130 issued to Bart's Place be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $ 50.00 , payable to Richard J. Bartholomew as a refund on cigarette permit No. 82-130 It was moved by Lynch and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AES NAYS:ABSENT: Ba lmer Lynch Erdahl Neuhauser X Perret X Roberts X Vevera X Passed and approved this 24th day of November 1981 Attest: L/6 RESOLUTION NO. 81-297 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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: Quik Trip Corp. dba Quik Trip Corp. #552, 25 41. Burlington St. It was moved by Lynch and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x 19 81Passed and approved this 24th day of November Attest: City Clerk X097 Proceedings to Proceed With Issuance and Sale Iowa City, Iowa November 24 , 1981 The City Council of Iowa City, Iawa, met in regular session on the 24th day of November, 1981, at 7:30 o'clock, p.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Lynch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (I.C.B.B., Inc. Project) in an aggregate principal amount not to exceed $460,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified inthe notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: a? oyP After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bond, Council Member Lynch introduced a Resolution entitled: "Resolution to Proceed with the Issueance and Sale of Industrial Development Revenue Bonds (I.C.B.B., Inc. Project) in an aggregate principal amount not to exceed $460,000" and moved its adoption, seconded by Council Member Pprrat _ After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer Nays: None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: (Seal) -2- MFC' cam,.. (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in Iowa City Press -Citizen , a legal newspaper, printed wholly in the English language, published in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this day of X7_7Lejh1L_ez , 1981. City Clerk (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7- 02/03 Printers fee S1 &6 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS -CITIZEN, a news. paper published in said county, and that a notice. a printed copy of which is hereto at •• ( ted,.Iwas published in said paper �.-�'L,L. Lime(s), on the fol - I ing tiatclsl:f� J CO 1 Cashier Subscribed and sworn to before me this 1 —I day Eli - A.D. it 19DI . O1QLt�-- I Notary Public OFFICIAL PUBLICATION NOTICE OF INTENTION i0 ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS St R ES,1981 (r.C.B.B., Inc. Project) The City Council of the City of Iowa City, Iowa, (th""Issuer") will vett on the 24tn day of November, 1981, at the Civic Center, City Nall, in Iowa City, Iowa, at 7:30 o'clock, p.n., for the purpose of conducting 0 public hearing on the proposal To Issue Industrial Development Revenue goods. Series 1981 (1.0 B.B., Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $460,000 (Int"BonUs9,and to 10.1m lid amount to- I C B.8 , la ". (Int Coapamy"), 1br the purpose of defraying all or a portion of the cost of certain Improvements Or equipment suitable for the useof its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan, Project No. Iowa R-14. The Bonds, when issued will be, limited obligations and will not constftute general obligations of the Issuer nor will they be payable In any manner by taxation, but the Bond, will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation Of which will be surficient l0 pay the principal of and Interest and redemption premium, if any on the BONS as and when the some shall became due. At' time and place fixed for said public neerl ng all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, eN at LM nearing or any adjournment thereof, the Issuer 'Nall adopt a resolution determining whether or not to proceed with Ina Issuance of the Bonds. By order of the City Council. thil 6th day of November, 1981. s' � . f . LLy er , NotromOgr B, 1901 a/030 RESOLUTION NO. gl M_ RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE: OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public Convenience and Necessity is required prior to the operation of any taxi- cab upon the streets of Iowa City, Iowa, and, WHEREAS, City Cab Company has made application for such Certificate, and, WHEREAS, a public hearing was held on the 24thday of November IgSt on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to City Cab Company for the operation of 4 additional taxi -cabs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF.THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to City Cab Company —_ To—F-4 additional taxi -cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2844, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. Page 2 Resolution No. 81-299 It was moved by Perret and seconded by Vevera that the Resolution as read e adopted, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 24th day of ATTEST: L✓ CITY CLERK Q d November , 1981 . w!l .216 6 RESOLUTION NO. 81-300 RESOLUTION AUTHORIZING GIVING OF ASSURANCES CONCERNING TRACT NO. 1 ON PLAT RECORDED PLAT BOOK 14, PAGE 64, PLAT RECORDS OF JOHNSON COUNTY, IOWA. WHEREAS, the City Council of Iowa City, Iowa, has read and ap- proved a letter to be sent to Attorney James R. Keele from the City Attorney Robert Jansen reference the City's position concerning Tract No. 1 on the plat referred to in the title to this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that City Attorney Robert Jansen be authorized to mail said letter to Attorney James R. Keele setting out the City's position with reference to this subdivision. It was moved by Neuhauser by Vevera and upon roll call there were: Balmer Erdahl Lynch Neuhauser Ferret Roberts Vevera and seconded that the Resolution as read be adopted, AYES: NAYS: ABSENT: x x x __y_ x x x Passed and approved this 24th day of November yor ATTEST: 17 L�, City Clerk = 1981. .7107 City of Iowa City MEMORANDUM DATE: November 17, 1981 TO: City Council FROM: Robert W. Jansen 1\k.4 S RE: Helble subdivision We have received a request from the attorney for the owner of tract 81 located in the Helble Subdivision which is located outside of the City, but within the two mile limit. The purpose of the resolution is to give assurances to the attorney for the owner that the City will not take action for failure to properly subdivide in that the City was never consulted about the plat nor had the City approved same as required by Chapter 409 of the Iowa Code. This is an old subdivision and the Council took similar action within the past year in the liershberger Subdivision. The purpose of the resolution and the authorization for me to send the letter to the owner's attorney is to remove a cloud upon the title. Should the Council have any questions, I will be available at the in- formal meeting on November 23rd to answer same along with the attorney for the owner. November , 1981 Mr. James R. Keele Attorney at Law Keele F, Keele, P.C. 104 East Third Street West Liberty, Iowa 52776 Re: Tract No. 1 as shown and described on plat recorded in Plat Book 14, page 64, Plat Records of Johnson County, Iowa, situated in Section 26, Township 80 North, Range 6 West of the 5th P.M. Dear Mr. Keele: This letter is to advise you of the position of the City of Iowa City with respect to the above property. It is our understanding that this property is a part of the subdivision of land that has not been properly subdivided in accordance with Chapter 409 of the Code of Iowa in that the City of Iowa City has not been consulted about the plat nor approved the same as required by Chapter 409. The City Council of Iowa City has authorized me to advise you that the City has no plans to attack the issuance of building permits for the above described property either now or in the future nor does it intend to attack the legal description used to describe the same. The City is concerned about the fact that a subdivision of land did take place in violation apparently of the provisions of Chapter 409 of the Code of Iowa and also perhaps in violation of the provisions of the Johnson County Zoning Ordinance. The assurances given in this letter should not be considered as approval by the City of such conveyances and subdivision of land nor should it be considered as any type of precedent in connection with future situations of this sort. Indeed, the City will in all probability take an active role in trying to make sure that all applicable regulations and laws have been complied with in connection with subdivisions of land both within and without the City over which the City has control. However, with respect to the particular property described above, the City Council does not intend any action with respect thereto. Very truly yours, Robert W. Jansen RWJ:jb ale f RESOLUTION N0. 81-301 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/METRO ENTITLEMENT PROGRAM STATEMENT IN THE AMOUNT OF $698,400 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa is an eligible unit of general local government authorized to file a Program Statement under the Housing and Community Development Act of 1974, as amended, and WHEREAS, the City of Iowa City, Iowa, has been declared a Standard Metropolitan Statistical Area eligible for Metro Entitlement funding of $698,400; and WHEREAS, the Community Development Block Grant Program Statement has been developed so as to give maximum feasible priority to activities which will benefit low- and moderate -income persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to comment on the Program Statement; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said Program Statement with the United States government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby directed to file with the United States Department of Housing and Urban Development a Program Statement for the Community Development Block Grant/Metro Entitlement Program under the Housing and Community Development Act of 1974, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement, and BE IT FURTHER RESOLVED that the City Manager is designated as the chief executive officer to act in connection with the Program Statement and to provide such additional information as may be required. 1//d It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret X— Roberts x Vevera Passed and approved this 24th day of November 1981. AYOR ATTEST: CITY CLERK Nceived & Approved By lba Legal Department D4_ II t RESOLUTION NO. 81-302 RESOLUTION TO NOT ACQUIRE REAL PROPERTY DESIGNATED AS PARCELS 17, 19, AND 20 FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REDEVELOPMENT PROJECT. WHEREAS,_ the City Council of the City of Iowa City did approve Resolution No. 79-454 and Resolution No. 81-117 authorizing improvements in the Lower Ralston Creek Neighborhood pursuant to authority under Chapter 403 of the Iowa Code; and WHEREAS, the City Council did approve Resolution No. 81-16 establishing just compensation for the acquisition of real property, including that designated as Parcels 17, 19, and 20 in said neighborhood; and WHEREAS, Section D.l.c of the Lower Ralston Creek Redevelopment Plan, as approved by Resolution No. 79-454, stipulates that the City Council may exempt certain properties from acquisition if it is determined to be in the best interest of the project; and WHEREAS, the current austerity with regards to finances has prompted a re- examination of properties to be acquired for the said project; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a determination to not acquire Parcels 17, 19, and 20 in the Lower Ralston Creek Neighborhood would not result in a loss of flood protection to be afforded by the said project. 2. That this shall serve as the official statement of intent by the City of Iowa City to not acquire the following real property at this time: Parcel 17, legally described as: "The West half of Lot 36 in White's Subdivision of Outlot Four, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof." Parcel 19, legally described as: "Lot 35, of White's Subdivision of Outlot Four, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof." Parcel 20, legally described as: "Lot 34, White's Subdivision of Outlot Four, in that part of Iowa City, Iowa, known as the County Seat of Johnson County." 3. That the City Manager and his authorized agents are hereby authorized and directed to serve notice, in accordance with 24 CFR Part 42 (HUD Uniform Act Regulations), that the City of Iowa City will not acquire the above described properties and occupants of the same will no longer be eligible for relocation benefits. It was moved by Vevera and seconded by Resolution be adopted, and upon roll call there were: AYES x NAYS: ABSENT: x Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Perret the Passed and approved this 24th day of November , 1981. YOR CITY CLERK - ATTEST Received & Approved By The Legal Department II � 02/4-3 RESOLUTION NO. 81-303 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM FOR THE PROVISION OF SPACE, FURNISHINGS, EQUIPMENT, UTILITIES AND SERVICE AT THE IOWA CITY SENIOR CITIZENS CENTER FOR THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Iowa City/Johnson County Nutrition Program, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, it is in the mutual interest of the City of Iowa City and Johnson County to provide nutritional meals to elderly citizens in the Iowa City/Johnson County, Iowa area; and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services and the Iowa City Senior Citizens Center through the above-named agency; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, provides that any power exercisable by a public agency of the 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: 1. That the Mayor is authorized to execute and the City Clerk to attest the 28E agreement between the City of Iowa City and the Iowa City/Johnson County Nutrition Program for the provision of space, furnishings, equipment, utilities and service at the Iowa City Senior Citizens Center for the Iowa City/Johnson County Nutrition Program. It was moved by Neuhauser and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _ x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of November, 1981. YOR &ATTEST: 6/ CITY CLERK Received & Approved By The Legal Department ���50� IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this2_4,tb day of N0vembe,rimi, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and the Iowa City/Johnson County Nutrition Program. hereinafter referred to as County. WHEREAS, the County has entered into an agreement with Heritage Area Agency on Aging to provide the elderly citizens of the Iowa City/Johnson County area with nutritional meals as part of the Title III - the Federal and State nutrition program, which is as known as the Iowa City/Johnson County Nutrition Program; and WHEREAS, it is in the mutual interest of the City and County to continue providing nutritional meals to elderly citizens in the Iowa City/Johnson County, Iowa, area; and WHEREAS, Chapter 28E of the Code of Iowa, 1981, 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 AND THE COUNTY AS FOLLOWS: I. SCOPE OF SERVICES The City agrees to provide space, utilities, furniture and equipment in the Senior Center to the County for the purpose of carrying out the Iowa City/Johnson County Nutrition Program, which program in turn is being carried out pursuant to an agreement between the Heritage Area Agency on Aging and the County effective October 1, 1980, and filed with the County Auditor. II. GENERAL TERMS A. The City agrees to provide 3692 square feet of space on the first floor of the Senior Center to the County which includes: staff bathroom, kitchen, assembly room and office, and loading dock for the provision of a nutrition program. The City agrees to provide such space to the County commencing on August 1, 1981. 1. The kitchen will be available to the County for their use from 7:00 a.m. to 2:00 p.m. seven days a week. The County may schedule the kitchen for additional time by complying with the Senior Center scheduling procedures. 2. 'The assembly/dining room will be available to the County for their use from 11:00 a.m. to 1:30 p.m. seven days a week. The County may schedule the assembly/dining room for additional time by complying with the Senior Center scheduling procedures. 3. The nutrition director's office will be available to the County for their use on a full-time basis seven days a week. The City agrees to provide utilities for this space including gas, electricity and water. The City agrees to provide janitorial services when the assembly room is used for programs other than the Iowa City/Johnson County Nutrition Program and to return the room to the standard set up for congregate meals as determined by the County. Appendix A lists the furniture and equipment available for use by the Congregate Meals program in its initial operation. Should this agreement terminate for any reason, the furniture and equipment then in use in the program will be divided between the City and the County pro -rata according to their respective expenditures for acquisition of such furniture and equipment; provided, however, that no fixture shall be removed from the Senior Center. d=21/ S N 2 E. The City agrees to make available the services of a copying machine and the City print shop at a cost to the County which is the actual cost per copy to the City. F. The City agrees to install a central telephone system which the County shall use. G. The City agrees to furnish refuse pickup on a regular basis. H. The City agrees to treat in a confidential manner all participant information that is jointly gathered. I. The County agrees to provide service and activities which are consistent with the purpose and goals of -the Senior Center, such services to include, but not be limited to: 1. Congregate Meals: To provide a balanced nutritional meal at least once per day, seven days per week. 2. Home -delivered meals: To provide a balanced nutritional meal at least once per day, 5 days per week to the homebound. J. The County agrees that County employees shall clean the kitchen and assembly room when used for Congregate Meals such as to leave the area in a clean and sanitary condition. K. The .County agrees to bag, deposit and/or remove promptly all garbage and/or refuse generated by Congregate Meals to a dumpster provided at the Senior Center. L. The City staff will accept program requests for use of the kitchen by organizations other than Congregate Meals and coordinate such programs with the Director of the Congregate Meals program. M. The Director of the Congregate Meals Program will be responsible for the management and supervision of the kitchen. N. The County agrees when such supervision is required it will provide an employee to supervise any use of the kitchen by any one other than Congregate Meal staff at a charge to the user group commensurate with the type of service or supervision. needed. 0. The County agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). P. The County agrees to submit a yearly self-evaluation of the services and activities provided by the Nutrition Program. Q. The County agrees to cooperate in data collection. A monthly report will be filed with Senior Center staff to include: 1. Monthly totals of service units provided. 2. Monthly totals of elderly receiving service (duplicated and unduplicated counts). 3. Identification of requests for services or activities not currently provided. R. The County agrees to file with Senior Center staff a 30 day written notice when program changes are planned. S. The County agrees to accept the responsibility .of opening, closing and suptrvising the building when a Congregate Meal activity occurs at a time the Center is not open to the general public. T. The County agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. The County agrees that it will apply for and actively seek from all Federal and State sources funding for the maintenance and/or replacement of kitchen equipment. However, the cost of such maintenance and/or replacement will be included in the annual operating budget for the Senior Center. V. The County will reimburse the City for the repair or replacement of any furniture, fixture, applicance or other object when it is determined that such repair or replacement is necessitated by the lack of care or negligence of the County. W. On or before November 1 of each calendar year the County shall provide the City with a report which clearly describes the condition of all equipment and facilities in the kitchen and assembly room used by the program for the purpose of determining budgetary needs for the following fiscal year and complying with applicable Federal and State requirements. The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, damages, expenses, or costs resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the County in the performance of the conditions set forth in this agreement. The County further agrees to defend the City against any and all suits filed alleging personal injury, sickness, or disease arising out of the consumption, preparation or distribution of the food served at the congregate meals. IV. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. DISCRIMINATION A. The County shall not permit any of the following practices 1. 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 disability. 2. 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. B. The County shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. VI. INSURANCE A. The County shall maintain in full force and effect a comprehensive liability insurance policyexecuted by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: $300,000 combined single limit to cover bodily injury and property damage. The County shall furnish the City with a certificate of such insurance upon request. The failure of the County to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. El VII. TERMINATION The terms of this agreement shall commence on August 1 1981, for a period of one year and shall be renewed automatically for succeeding terms of one year unless the "Agreement for Senior Center Operation" entered into by the City and the County is terminated, in which case this agreement shall terminate at the same time that said operational agreement is terminated. This agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the Iowa City/Johnson County Nutrition Program as described in the application for space in the Senior Center. VIII. The County shall ensure that the program complies with all applicable Federal, State and local laws, rules and regulations. IX. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. X. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. FOR THE CITY: FOR THE COUNTY: HNR.BAL�MEF, MAYOR DENNIS NBER MMAI BOARD 0 O N SUPERVI ORS JOHNSON COUNTY, IOWA ATTEST: CITY CLERK Received & Approved Py The Legal Department STATE OF IOWA 7 SS JOHNSON COUNTY ) ATTEST JOHNSON COUNTY AAITOR By: David L. Elias , Deputy On this JZ day of_oy� 1981, before me, the undersigned, a notary public in and for said County in said State, personally appeared Dennis J. Langenberg and David L. Elias,to me personally known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors and Deputy Auditor for said County, 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 Board of Supervisors; and that the said Dennis J. Langenberg and Dave Elias 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. Z/a APPENDIX A Kitchen Equipment 1. Tray and Silver Dispenser. 2. Plate, Bowl, Saucer Dispenser. 3. Hot Food Serving Unit. 4. Cold Food Pan Unit. 5. Solid Top Unit. 6. Urn Stand. 7. Service Stand (Existing). B. Ice Maker/Dispenser. 9. Soiled Dish Counter with Pass -Through and Pot and Pan Sink Counter. 10. Clean Dish Counter. 11. Commercial Garbage Dispenser. 12. Commercial Garbage Disposer. 13. Reach -In Refrigerator. 14. Dishwasher with Booster Heater. 15. Mixer. 16. Salad Prep Counter with Sink. 17. Bake Counter with Sink. 18. Walk -In Cooler -Freezer. 19. Convection Oven -Double Stacked. 20. Range. 21. Electric Booster Heater Hatco. 22. Steamer. , 23. Bake Ovens (Existing). 24. Cooks Table with Sink. 25. Pot and Pan Racks. 26. Kettle (Existing). 27. Upright/Shelves. 28. Serving Counter. 29. Stainless Steel Tray Slide. 30. Miscellaneous Trays and Racks. 31. Under Counter Bins. 32. Under Counter Drawer Unit. 33. Single Drawer. 07/0 9 34. Over Counter Slanted Shelf. 35. Wall Shelf. 36. Range Hood and Exhaust Fan. Includes Hot Water Wash and Fire Extinguisher System. 37. Diswasher Hood and Exhaust Fan. 38. Two Fire Extinguishers. 39. Janitors Sink. 40. Loading Dock includes Loading Lift. 41. Dumpster. 42. Hand Sink. 43. One Clock. Dining 1. 28 Tables. 2. 140 Stacking Chairs. 3. 4 Floor Plants. 4. One Clock. Office 1. 2 Desks. 2. 2 Desk Chairs. 3. 1 Side Chair. Staff Toilet 1. Shelf and Coat Rack. .2 /w? 4 �= e RESOLUTION NO. 81-304 RESOLUTION REPEALING THE 1975 PERSONNEL RULES AND REGULATIONS MANUAL AND ESTABLISHING NEW AND 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. 75-1 adopted by the City Council on January 2, 1975, established the current Personnel Rules and Regulations manual and WHEREAS the City Council deems it in the public interest to revoke its establishment of the present Personnel Rules and Regulations manual. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the present Personnel Rules and Regulations established by Resolution No. 75-1 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 Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT. x Balmer �_ Erdahl -Si— Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of hiovgmber 1981• A OR ATTEST: dz'6- CITY CLERK Received & Approved By 7h® Legal Deparlm-nt ��7IAI CITY OF IOWA CITY PERSONNEL POLICIES Approved by Resolution of City Council November 1981 TABLE OF CONTENTS Purpose . . . . . . . . . . . . . . . . . . . . . . . . . 1 Administration . . . . . . . . . . . . . . . . . . . . . 1 Equal Employment Opportunity/Affirmative Action. . . . . 2 General Policy Sexual Harassment Complaint Procedure Labor Relations . . . . . . . . . . . . . . . . . . . . . 2-3 Civil Service Coverage . . . . . . . . . . . . . . . . . 3 Rights and Benefits Appeal Rights Employee Relations and Conduct . . . . . . . . . . . . . 3-4 Public Relations Appearance -Grooming Supplemental Employment Education Religious Holidays Employee Assistance Program . . . . . . . . . . . . . . . 4-5 Referral Service Substance Abuse Discipline . . . . . . . . . . . . . . . . . . . . . . . 5-6 Disciplinary Measures Causes for Discipline Personnel Transactions . . . . Personnel Files Job Description Position Classification Probationary Period Promotions Employment of Relatives Termination of Employment Resignation Retirement Exit Interview . . . . . . . . . . . 6-8 Safety . . . . . . . . . . . . . . . . . . . . . . . . . 8 Conflict of Interest . . . . Employment Gifts Impartiality Use of Information Use of Public Property . . . . . . . 8-9 Political Activity . . . . . . . . . . . . . . . . . . . 9-10 -7/�?3 PURPOSE The purpose of this manual is to set forth the policies by which all personnel -related decisions, made by either supervisor or employee, will be guided. A policy is not a rule or a procedure - specific rules and procedures may be found in negotiated labor contracts and in operating procedures published by the Human Relations Department and other City departments - but rather a guide to thinking and decision-making. These policies define the area within which decisions should be made, and guarantee that the decision made will be in line with overall City goals regarding employee relations. Policies provide for necessary flexibility within a framework of guidance that will assure consistency in personnel decisions. ADMINISTRATION These policies shall cover all City employees, except that temporary employees may not be covered by all provisions. Iowa City Public Library employees are excluded. Questions of interpretation should be addressed to the Human Relations Department. The City Manager or designee shall be responsible for the final interpretation of the application of these policies to issues which are not specifically covered by using the principles expressed herein as a guide. All permanent employees of the City shall be furnished a copy of the City Personnel Policies upon appointment, and shall be advised of any changes or amendments. 02/,971/ EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION 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 employees of the City 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 performance. This impartial judgment shall extend into all areas of personnel administration. Sexual Harassment Sexual harassment is a form of employee misconduct which undermines the integrity of the employment relationship. Sexual harassment is deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of an intimate sexual nature which are unwelcome to the recipient. Sexual harassment can 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. Sexual harassment can also take the form of conduct that has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment is unacceptable conduct in any form, and can be a basis for a sex discrimination charge. Employees who engage in sexual harassment can expect serious disciplinary action. All City employees have an affirmative duty to prevent sexual harassment in the workplace by producing an environment that exposes and discourages sexual harassment of all kinds. Complaint Procedure The City is receptive to receiving complaints of sexual harassment or denial of civil rights and appropriate action will be taken. Employees charging sexual harassment or denial of their civil rights may use grievance procedures outlined in the City's Affirmative Action Plan or may appeal informally to appropriate and impartial supervisors and to the Human Relations Department. 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 /,7S o7/&W G a2/.?7 .7- /.Z 9 mutually entered into between the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. CIVIL SERVICE COVERAGE All City employees appointed to permanent positions are eligible for civil service status with the exception of the positions of: City Manager, Assistant City Manager, the Directors of Finance, Human Relations, Public Works, Housing and Inspection Services, Planning and Program Development, Parks and Recreation, and the directors of any other City department as may be created by an ordinance of.. the City Council; City Attorney, Assistant City Attorneys, City Clerk, Deputy City Clerk, and City Engineer. 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, written, practical or physical examinations as are appropriate to the position. Appeal Rights An eligible employee, following suspended, demoted or discharged may Civil Service Commission and will Civil Service Commission. Appeals Commission and must be filed within contested. EMPLOYEE RELATIONS AND CONDUCT completion of probation, who is appeal the disciplinary action to the be entitled to a hearing before the shall be filed with the Clerk of the 20 days of occurrence of the action 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, fair compensation, and individual consideration from the City and in return, employees are expected to work diligently towards achieving the high standards of public service desired by Iowa City citizens. 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. oZ/07 L 4 ADDearance-Groomin 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 which the employee must associate in the course of work. Employees are also required to adhere to safety and health standards. Supplemental Employment Supplemental employment engaged in outside of regular City working hours must in no way interfere or conflict with the satisfactory performance of City duties. No employee is to conduct any supplementary employment during regular working hours unless authorized leave has been approved in advance. Supplemental employment is not encouraged. Education Advance approval from the City Manager is necessary for an employee to engage in any educational effort during normal working hours, 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 the employee to effectively carry out the responsibilities of his/her position. Employees are encouraged to schedule educational programs outside of regular hours when possible. Approval of any educational effort during regular working hours will be the exception. Religious Holidays Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays. Personal leave days, accrued vacation time, compensatory time, or unpaid leaves may be used to cover absences. EMPLOYEE ASSISTANCE PROGRAM Referral Service Employees who believe that they may have a work or personal problem which affects job performance, which may be helped by professional treatment or counseling, are encouraged to seek treatment or counseling. Supervisors are encouraged to refer employees demonstrating poor job performance which may be improved by counseling. The City provides a voluntary referral service for employees with personal problems. Interested employees may contact the Human Relations Department and all requests and referrals will be treated in a confidential manner. Substance Abuse (Alcoholism and Drugs) All City employees are eligible for treatment and rehabilitation for alcoholism, problem drinking or substance abuse through the City's .2/2 7 5 referral service and other available community resources. Alcoholism or drug addiction as illnesses are not causes for discipline, 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 conduct on the job. DISCIPLINE Disciplinary Measures The responsibility of the City to maintain efficient operations occasionally 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. - Disciplinary action against employees will be taken only for just cause. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. Causes for Discipline The following list is illustrative of, but not limited to, the types of behavior for which disciplinary action may be taken. 1. Insubordination constituting a serious breach -of discipline. 2. Being under the influence of narcotics or alcohol on the job, or possessing narcotics or alcohol on the job. 3. Wilfull violation of departmental rules. 4. Incompetency, inefficiency, or negligence in the performance of duty. 5. Acting in a careless or negligent manner with monies or property of the City. 6. Activity which involves conflict of interest. 7. Falsification, alteration, deletion of required information, or lack of inclusion of material information on any application or City record. 8. Operating City equipment or vehicles without proper license or permit. 9. Conviction of a crime which casts doubt on the ability of the employee to perform the job effectively. 10. Abusive or improper treatment during the performance of duty to any member of the public, fellow employee or city official, including 02 /0? 9 harassment on the basis of race, religion, age, sexual orientation, physical handicap or disability. creed, color, sex, ancestry, marital status, mental or 11. Disregard for safety policies and procedures including proper use of safety gear, clothing or equipment. 12. Failure to maintain a satisfactory attendance record. PERSONNEL TRANSACTIONS Personnel Files It is the policy of the City of Iowa City to permit access by all City employees to their own personnel files and to provide for correction of any erroneous information maintained in such file. Access to these files and the information contained in them will be limited to authorized personnel. Only information related to job performance or business necessity will be maintained in these files. City employees will be permitted access to their personnel files during normal office hours in the Human Relations Department and in their own department. Employees will be permitted to examine , take notes and make copies of any details contained in their file. Employees wishing to examine their files must have the permission of their supervisor or department head to leave the job. A member of the Human Relations Department or own department staff must be present during this examination. An employee may request correction of any alleged misinformation contained in these files. 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. Job Description A job description will be developed and periodically reviewed for each position. Copies of job descriptions will be maintained in all depart- ments and in the Human Relations Department 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 change in job classification. Requests for review ofa job classification may be addressed to the Human Relations Department by any employee or supervisor, or may be initiated by the Human Relations Department during periodic classification reviews. =?lo29 7 Probationary Period All new or promoted permanent employees will serve a probationary period to be specified upon appointment. The probationary period shall be utilized for closely monitoring 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. Promotions Among equally qualified applicants, permanent City employees will receive preference in job appointments. 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, he/she would be supervising or receiving supervision from a member of his/her immediate family. Members of immediate family for the purpose of this section are defined as: employee's spouse or partner by cohabitation, children, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparents, uncles,. aunts, nieces, nephews, and first cousins. When any of the above relationships is created by marriage (or cohabitation) following employment, reasonable efforts will be made to transfer one of the employees. Affected employees will first be given the option of deciding 'which will transfer. If no indication is given, seniority will be the governing factor and the least senior employee will be subject to transfer. Termination of Employment 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. Retirement Generally, employees will retire when they are no longer able to work as a result of age or disability or at 70 years of age, whichever comes first. Employees in the Police and Fire Departments will retire in accordance with provisions of the laws of Iowa. o2136 H Upon written application of the employee, the City Manager may temporarily appoint persons beyond the maximum age of retirement on a year-to-year basis if the manager determines that they are qualified to work. Exit Interview All terminating employees are asked to participate in an exit interview through which they are asked to comment about their employment experience with the City. SAFETY All City employees shall be responsible for implementation of job assignments in the safest manner possible. Prime consideration will always be given to the safety of the employee and the general public. Employees shall not be required to work in areas or to operate equipment which is a safety hazard to themselves or the public. 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 others are subject to disciplinary action. Employees will be thoroughly advised, instructed, and supervised in necessary safety policies, practices, and procedures. CONFLICT OF INTEREST City employees are prohibited from engaging in any conduct which could be construed 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, the employee must immediately report the situation to his or her department head. Violation of any provisions of this section may be cause for discipline or discharge of the employee. 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. 42/3/ 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. Gifts City employees are prohibited from soliciting or accepting any gifts, gratuity, favor, entertainment, loan or any other item of monetary value for personal benefit under circumstances which directly or indirectly involve improper influence upon the manner in which the employee performs work, makes decisions or otherwise discharges duties as a City employee. City employees will not accept any payment, other than that which is provided by the City, for work performed on behalf of the City. Impartiality No City employee may grant or make available to any person any consider- ation, 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 privilege or exemption for themselves or their relatives beyond that which would be available to all citizens. Use of Information Employees must not use privileged information for their own financial advantage or disclose information which would provide friends and acquaintances 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. 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. POLITICAL ACTIVITY 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: Acceptable Activites 1. An employee is free to express honest opinions and convictions or make statements and comments concerning wages or other conditions of employment. m213,2 10 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. 4. An employee has the right to vote as he/she chooses and to express his/her opinions on political subjects and candidates. Restrictions 1. An employee shall not, while performing official duties or while - using City equipment at the employee's disposal by reason of 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 appointment or advantage in appointment to a position or an increase in pay or other advantage of employment .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 seeking 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 the request of the employee and commencing anytime within 30 days prior to a primary, special, or general election shall 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. x/33 RESOLUTION NO. 81-305 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED PERMANENT POSITIONS IN THE FINANCE DEPARTMENT - PARKING DIVISION. WHEREAS, Resolution No. 81-45 adopted by the City Council on March 10, 1981, establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS the need for an increased level of parking ramps maintenance will require addiitional personnel, and, WHEREAS the amendment to the authorized permanent positions will not require additional funding in the FY82 operating budget. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the total authorized permanent positions in the Parking Division be amended by: The addition of 2 1/5th Maintenance Worker I positions. It was moved by Neuhauser and seconded by lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 24th day of November 1981. Q 4ro ATTEST: CITY CLERK Recaived & Approvcd By The Legal Department ,21331 S!;/4r T/Smpq •sdwe.x 6u'Llaed agg ui SBL4�AL;OP ayq ui a6uPyO ou uaas aney am PUP sgguow TT gsed ayq ao; Lauuosaad C;jAnoas ageALad pasn qou aney aM Cglanoas ;o LanaL awes ag; 6utp�noad BLNm saignp 6u'LueBLO pue aaLgseo wao;Aad saaCoLdwa an0 •asLB 6utggou pip L'ag; qnq `op mou sualaom Ano se saignp awes ayq pawao;aad Aagq Cgianoas a;entad p84oLdwa aney am uagm gsed ayq uI •gndgno Iaom LeuoLg1ppe agg SL Ajg anoas ageniAd aano ;;egs 1q�0 6ULsn ;o 86PquenpP agl •Ogg ayq u* pa;giwwoO sawLaO ;o puaa; ayq ;0aL;aa oq saeadde sLgl •swa[goad uLew ayq aae q;ayq pue wsLLPpuPA •aw26 LLeggoo; awog P SL aaagg ;� aseaAaui pue sgg6iu CepangeS g6noagq fiepsangl an000 squap�ouL LIR ;sowLy sdwea 6uiIaed ayq bULALOnuL sw8Lgoad ;o s;aodaa ao<<od LLP ;a6 04 wooa spaooaa quawgaeda0 aO!Lod lgt0 Pmol ayq gq�m X0940 C ep I •)Cq�Anoas a;Pniad og;;eqs Cq�O paaaa;aad ,agq qeq; agegs saaOL;;o aoLLod aaggo paeag ag ;eq; pageqs OsLe aH •sai;np atagg wao;aad oq peau lagq UOL4Pwa0;uL aqq ggim wagg apinoad Cagq qeg; pageqs BH •qoC pooh Caan a 6ut0p BJP sdwPa 6uilaed ayq qe saa�aom O3UPuaquLew gg6Lu ayq agep oq '42q-4pasinpP aq `s;uea6.aas SLq ggim 6uLInago as;;y •quawgaeda0 aO<<od Rq10 Pmol ag; le q;igs •w•P 00:L og w•d OO:TT ayq ;o aapuewwoo ;;iqs `puea;S uiegde0 g;�m pa)oago I `ggOZ aagwanoN u0 •gaodea pup anaasgo 0q lLuiew SL OLca aLagl •saouaaan000 ao; sLenptALPUL doqs & Lengop saa�jaom aOueua;uiew ag; op wopCaS •LaneAg ;o uoLgOaAip ay; ani6 pue `p8ALOAUL sLPnp�n.Lpu.L ayq aglaOsap `guapiOui agg gaodaa Cagl •uo�gPngls agg ;o wagg asinpP PUP o.LpPA Cq quawgaPdaO aO<<od C413 emOI ayq C;�gou saa)aom aOueuaguLew ag; sdwea agg ;o auo qe sdoLanap w@Lgoad P uagM •q�xa 484q se saLOLgan aog!uow pue `sq�sodap �ueq ajew `sdwea aq; ;o I0LaaguL agg Lox;ed 49gl •sat;np Cgianoas pag1w<< wao;aad 6ui�Jaed uI saa�aom aOueuaquLew 4g6iu ag; `saignp aOueuaquLew paLnpagos ataq; 6ULwa0;aad og uOLgippe uI saa�aoM aoueuaquieW Cq pawao;,aad s8ign0 Cgtanoas :ON aosLnaadnS swagsCs 6ui�Jaed `aaLmod aop :woad aa6eueW Cq�O `uLLaag LeaN :ol T86T `OZ 4agW@AON :a;PO !� enno! 10 RESOLUTION NO. 81-301 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Superspud at Old Capitol Mall in Iowa City, Iowa, has surrendered cigarette permit No. 82-143 , expiring June 30th , 19 82 , 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. 82-143 , issued to Superspud 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 Hawkeye Amusement as a refund on cigarette permit No. 82-143 . It was moved by Lynch and seconded by Vevera the Resolution as read be adopted, and upon roll call there were: AYES:AZi YS:B�1 SENT_ Balmer X Lynch X Erdahl x Neuhauser X Perret X Roberts x Vevera x that Passed and approved this 8th day of December 1981 ayor Attest: .2/34 RESOLUTION NO. 81-30, RESOLUTION TO REFUND CIGARETTE PERMIT wuEREAS, Westinghouse at Hwy. 1 & I-80 In Iowa City, Iowa, has surrendered cigarette permit No. 82-67 , expiring June 30 , 19 82 , 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. 82-67 , issued to Westinghouse 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 Hawkeye Amusement as a refund on cigarette permit No. 82-67 It was moved by Lynch and seconded by Vevera that the Resolution as read be adopted, and upon roll cell there were: AYES:AN YS:BA SENT: Balmer X Lynch X Erdahl x Neuhauser X Perret X Roberts X Vevera X Passed and approved this 8th day of December 19 81 ayor T Attest: � ,,/ .2/37 RESOLUTION NO. 81-308 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WATERS FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Larry P. Waters has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Waters First Addition, for the following described premises located in Iowa City, Johnson County, Iowa: Commencing as a point of reference at the northwesterly corner of Lot 272, Part Five, Court Hill Addition to Iowa City, Johnson County, Iowa, as recorded in the Johnson County Recorders Office, Plat Book 5, page 69; Thence south 0°11'43" west, 279.67 feet along the westerly line of Lots 272, 271, 270 and 269 of said Part Five, Court Hill Addition to the southwesterly corner of said Lot 269, said corner also being the northeasterly corner of a parcel as surveyed by Earl 0. Wright, as recorded in the Johnson County Recorders Office, Plat Book 11, page 89 (this is an assumed bearing for purposes of this description only); Thence south 89043'48" west 250.44 feet along the northerly line of said parcel surveyed by Earl 0. Wright, to the northwesterly corner of said parcel; Thence south 0°13'17" west 290.01 feet along the westerly line of said parcel surveyed by Earl 0. Wright to a point; Thence south 35003'52" east 130.17 feet along the southwesterly line of said parcel surveyed by Earl 0. Wright to a point; Thence south 0°17'07" west 122.47 feet along said westerly line of parcel surveyed by Earl 0. Wright to the point of beginning. Thence continuing south 0017'07" west 77.50 feet along said westerly line of parcel surveyed by Earl 0. Wright to a point of intersection with the northerly right of way line of Muscatine Avenue (formerly U.S. Highway 6); Thence south 89°53'29" west 359.94 feet along said northerly right of way line of Muscatine Avenue to a point; Thence north 0000'57" west 160.00 feet to a point; Thence north 57°03'57" east 173.72 feet to a point of non -tangent intersection with a curve; Thence southeasterly 108.00 feet along a 106.56 foot radius curve concave northeasterly (chord south 60°40'49" east 103.44 feet to a point of reverse curvature; Thence southeasterly 196.35 feet along a 125.00 foot radius curve concave southwesterly (chord south 44°42'53" east 176.78 feet) to the point of beginning subject to easments of record. 02/3 P Resolution No. 81 - Page 2 The area of this described parcel is 1.6 acres, more or less. WHEREAS, the said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said 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 THE CITY OF IOWA CITY, IOWA: 1. That the said plat is hereby approved. 2. That there be submitted with the final plat an agreement subject to the approval of the City that limits the access points to Muscatine Avenue to not more than six and not less than three as provided by the note on the preliminary plat. It was moved by Roberts and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 8th day of December , 1981. YOR ATTEST: CITY CLERK My ah9 Legal Gep"rinie nt Vevera the .2/3 Jr RESOLUTION NO. 81-309 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAKES MEADOW ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean Oakes has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Oakes Meadow Addition, for the following described premises located in Iowa City, Johnson County, Iowa: Commencing as a point of reference at the northwesterly corner of Lot 272, Part Five, Court Hill Addition to Iowa City, Johnson County, Iowa, as recorded in the Johnson County Recorders Office, Plat Book 5, page 69; Thence south 0°11'43" west, 279.67 feet along the westerly line of Lots 272, 271, 270 and 269 of said Part Five, Court Hill Addition to the southwesterly corner of said Lot 269, said corner also being the northeasterly corner of a parcel as surveyed by Earl 0. Wright, as recorded in the Johnson County Recorders Office, Plat Book 11, page 89 (this is an assumed bearing for purposes of this description only); Thence south 89°43'48" west 250.44 feet along the northerly line of said parcel surveyed by Earl 0. Wright, to the northwesterly corner of said parcel; Thence south 0013'17" west 290.01 feet along the westerly line of said parcel surveyed by Earl 0. Wright to a point; Thence south 35°03'52" east 130.17 feet along the southwesterly line of said parcel surveyed by Earl 0. Wright to a point of non -tangent intersection with a curve; Thence southeasterly 135.66 feet along a 175.00 foot radius curve concave southwesterly (chord south 21°55'20" east 132.29 feet) to a point of intersection with the easterly line of said parcel surveyed by Earl 0. Wright; Thence south 0017'07" west 77.15 feet along said easterly line of parcel surveyed by Earl 0. Wright to a point of intersection with a northerly right of way line of Muscatine Avenue (formerly U.S. Highway 6); Thence south 89°53'29" west 50.00 feet along said northerly right of way line of Muscatine Avenue to a point of intersection with the westerly line of said parcel surveyed by Earl 0. Wright; Thence north 0°17'07" east 77.50 feet along said westerly line of parcel surveyed by Earl 0. Wright to a point of curvature; Thence northwesterly 196.35 feet along a 125.00 foot radius curve concave southwesterly (chord north 44042'53" west 176.78 feet) to a point of reverse curvature; Thence northwesterly 108.00 feet along a 106.56 foot radius curve concave northeasterly (chord north 60°40'49" west 103.44 feet) to a point of tangency; i old Resolution No. 81 3 Page 2 Thence south 57°03'57" west 173.72 feet to a point; Thence north 0°00'57" west 831.87 feet to a point; Thence north 0°47'10" east 155.53 feet to the southwesterly corner of the Meadow Street right of way; Thence south 89°47'35" east 60.00 feet to the northwesterly corner of said Lot 280 of said Part V, Court Hill Addition; Thence south 0°12'25" west 155.38 feet along the westerly line of said Lot 280 to the southwesterly corner of said lot 280; Thence south 89°55'22" east 188.63 feet along the southerly line of Lots 280 and 279 of said Part V, Court Hill addition to the Southeasterly corner of said Lot 279; Thence south 59°46'27" east 224.39 feet along the southerly line of Lots 277, 276 and 275 of said Part V, Court Hill Addition to a point on the southerly line of said lot 275; Thence south 89°41'07" east 94.84 feet along the southerly line of Lots 275 and 274 of said Part V, Court Hill Addition to the point of beginning, subject to easements of record. The area of this described parcel is 7.5 acres, more or less WHEREAS, the said preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said 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 THE CITY OF IOWA CITY, IOWA that the said plat is hereby approved contingent upon the following: 1. That an agreement to install streets and sidewalks and all related improvements extending from Brookside Drive to Muscatine Avenue be submitted. 2. That a deed, dedicating street right-of-way for the purpose of extending Dover Street north from Muscatine Avneue to Brookside Drive, be submitted. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: av $ll Resolution No. BI - Page 3 AYES: NAYS: ABSENT: X Balmer Erdahl �— Lynch Neuhauser Perret Roberts Vevera Passed and approved this 8th day of December , 1981. 4Y OR Y�— ATTEST: /1z; �-c �J CITY CLERK Rece:ved By Tho 4egal Gepariniont ai se ,P— IL -0a r`Ce' � RESOLUTION NO. 81-310 RESOLUTION APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF COURT HILL -SCOTT BOULEVARD PART VIII ADDITION TO THE CITY OF IOWA CITY, IOWA. WHEREAS, the owners and proprietors, Plum Grove Acres, Inc., and Florence E. Glasgow and Bruce R. Glasgow, have filed with the City Clerk the Large Scale Residential Development Plan of the following described property situated in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Section 12, Township 79 North, Range 6 West of the 5th P.M., thence NOD degrees, 02'19" E, 2283.38 feet on the east line of the Southeast Quarter of said Section 12 to the point of beginning; thence N89 degrees 57'41" W, 100.00 feet on the North line of lot 116, Court Hill - Scott Boulevard Part VII, an Addition to Iowa City, Iowa; thence N45 degrees 21'42" W, 109.19 feet on the Northeasterly line of said Lot 116; thence N 89 degrees 57'41" W, 202.44 feet on the North line of said Lot 116 to the East line of Oakwoods Addition Part 6, an Addition to Iowa City, Iowa; thence N 0 degrees 36'40" W, 278.29 feet on the East line of Oakwoods Addition Part 6; thence N 28 degrees, 03'16" E, 69.53 feet; thence N 57 degrees 35'00" W, 104.86 feet to the North corner of Lot 237, Oakwoods Addition, Part 6; thence N 33 degrees 35'40" E, 270.20 feet on the Southeasterly right-of-way line of Oberlin Street; thence Northeasterly 23.56 feet on a 15.00 foot radius curve concave southeasterly, and whose 21.21 foot cord bears North 78 degrees 35'40" E; thence N 33 degrees 35'40" E, 35.00 feet to the center line of Lower West Branch Road; thence S57 degrees 39'18" E, 297.87 feet on the center line of Lower West Branch Road to the Center line of Scott Boulevard, which is the East line of the Northeast quarter of Section 12, Township 79 North, Range 6 West of the 5th P.M.; thence South 0 degrees 35'42" W, 207.25 feet, on the center line of Scott Boulevard to the Southeast corner of the Northeast Quarter of said Section 12; thence South 0 degrees 02'19" W, 364.59 feet on the centerline of Scott Boulevard to the point of beginning. Subject to easements and restrictions of record. WHEREAS, said property is owned by the above-named corporation and individuals and the Dedication has been made with their free consent and in accordance with the desires of said proprietors. WHEREAS, said Final Large Scale Residential Development Plan is found to conform with all statutory requirements. WHEREAS, said Final Large Scale Residential Development Plan was examined by the Planning and Zoning Commission which recommended that said Final Large Scale Residential Development Plan be accepted and approved. a21 ".s 2 NOW, THEREFORE, BE IT RESOLVED by the Council of Iowa City, Iowa, that said Final Large Scale Residential Development Plan, located on the above- described property be and the same is hereby approved and the Dedication of the streets as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Vevera and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 8th day of December 1981. AYOR 6ATTEST: v14' (& CITY CLERK Roberts -2i(154 After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Lynch introduced a Resolution entitled: "Resolution to Proceed With the Issueance and Sale of Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000" and moved its adoption, seconded by Council Member Neuhauser After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Lynch, Neuhauser, Roberts, Vevera, Balmer Nays: Perret, Erdahl Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: City Clerk CJ (Seal) 4ayor -2- M?/ V` RESOLUTION 81-311 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Juceco, Inc. Project) in an angregate principal amount not to exceed $100,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Juceco, Inc. (the "Company") to issue its Industrial Development Revenue Bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Juceco, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- ,a2>V7 Section 1. It is hereby determined that the undertaking of the project and the financing of the same is consistent, with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptahle terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 8th day of December, 1981. Attest: City Clerk (Seal) fy�ay o r ILIN 02/o0 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000. WITNESS my hand and the corporate seal of said City hereto affixed this 8th day of December, 1981. (Seal) City Clerk -5- (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in a legal newspaper, printed wholly in the EnfflsT language, pubilShed in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this �� day of ,j�P� Pi kov- , 1981. c2a,�� :� City Clerk (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) d11 a/S'o :a. Printers fee S 1 ffts8 CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN Bronwyn S. Van Fossen, being duly sworn, say that 1 am the cashier of the IOWA CITY PRESS -CITIZEN, a news- paper published in said county, and that a notice, a printed copy of which is hereto att,ached, was published in said paper __(Q-TLon the fol - I nying date(s): Cashier Subscribed and sworn to before Inc a�C n this _ day of _ i l A.D. 19 (?/I^/ ' 61// nn// Notary Public No. /CiIItU LFEEF JULISLAYMAi(ER OFFICIAL PUBLICATION - NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOM W REVENUE BONDS (Juuco,'Ine. Project) IM City Council of the City of lora City. Ibee, i(ue "Issuer') VIII met on the Bu day of Deceat,ar, 1981, at the Civic Canter, City Nall, In -lova City, lova, at 7:30 o'clock, p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue BOM., (J.... Inc. Project) of the Issuer, In an w"gate principal amount not W exceed 3100,000 '(the "Dolls'), end W loan old amount to Juceco, Inc., (the'Company"), an lova corporation, for the purpose of defraying all or a portion of the cost of ce ruin imrovemente or equipment soluble for the use of Its commercial enterprise consisting of a ,.tell facility located within the Urbae Reneval Area designated in the Issuer's urban meaval plan .lou. R -la. The Bonds, when IssuaO, will he limited -obligations and will not constitute general "aligatlons of the Issuer nor will they be payable In any ..nor by camtlon, but toe Bonds .111 be Vpayabla solely and only from Amounts received by 321w, Issuer under a Loan Agreement between the Issuer and the Company, the obligation of when will at sufficient W pay the principal of And interest and redemption premium, if any, on the Bonds as and when the sane still become due. At the tlrc and place fined for as id public near l ng all local residents was appear will be given an opportunity to express their views for or against the proposal W Issue the Bolla. AM at the hearing r any adjournment thereof, the Issuer slat) adopt aresolution determining whether or not W proceed ,du the Issue.. of the Bonds. By order of the City Council, Nis In, day of Narmber , 1981. November 21, 1931 . ....,,�� ... ,e ... .... .. .. ... - .. .,/a�/ Proceedings to Proceed With Issuance and Sale Iowa City, Iowa December 8 , 1981 The City Council of Iowa City, Iowa, met in regular sessioin on the 8th day of December, 1981, at 7:30 o'clock, p.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Erdahl, Lvnch, Neuhauser, Perret, Roberts, Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- ,.,Vyvr Iowa City, Iowa, December 8, 1981. The Citv Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. Absent: None -1- o21 S;'- (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of temporarily financing all or a portion of the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a multiple -unit residential apartment facility, located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Ralston Creek Apartments Ltd., with loan payments sufficient to pay principal of, interest and premium, i,f any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Following people appeared: John Suchomel - questioning the applicants' need for IRB financing. Larry Baker - objecting to setting precedent for use of IRB's for housing. Tim Dickson - read a proposed resolution to be considered by University Student Senate, objecting to the issuance of IRB's for a project poorly designed and located, asking the City to abandon plans to aid financing. Steve Price - objected to building in the flood plain and pointed out possible dangers. Dee Wunschel - City Atty. Jansen advised that her complaint was not relevant to this hearing. —2— aJ�3 After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Ronds, Council Member Roberts proposed the following Resolution and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Neuhauser, Roberts, Vevera, Balmer, Lynch. NAYS: Perret, Erdahl The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- 0'?t, �S $O RESOLUTION NO. 81-312 PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $2,000,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (RALSTON CREEK APARTMENTS LTD. PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise consisting of a multiple -unit residential apartment facility which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Ralston Creek Apartments Ltd., an Iowa corporation (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and its surrounding environs for implemen- tation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide emplovment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $2,.001D,000 aggregate principal amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: -4- ,A/SS Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) in an amount not to exceed $2,000,000, all as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 8th day of December, 1981. City of Iowa City, Ioww%a (Seal), hn R. Balmer, Kayor Attest: 0 Abbie Stolfus, City/Clerk -5- CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on December 8, 1981, holding a public hearing and approving the issuance of not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project), of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with .members of the public in attendance, 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 prin- cipal 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 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 8th day of December, 1981. (Seal) Abbie Stolfus, Cityerk State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) Notary Public y (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. December 8, 1981 7:30 P.M. 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: 1. Public Hearing and Resolution Approving Proceeding With The Issuance and Sale of Not To Exceed $2,000,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 15 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie Stolfus, Cler of the City of Iowa City, Iowa -7- Posted: 12/7/81 11:00 a.m. m7'e Removed: /x/91./ P! as R. h Af aysl Proceedings to Proceed With Issuance and Sale IDR -3501 (Commit) Iowa City, Iowa December'8 , 1981 The City Council of Iowa City, Iowa, met in �r gular session on the 8th day of December , 1981, at 7.30 o'clock P .m., Council Chambers , in the City pursuant to law and to the rules of said Council. The meeting was called to order and there -were present John R. Balmer Mayor, in the Chair, and the following named Council Members: Erdahl Lynch Neuhauser, Perret. Rohertc Vavara Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bond, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bond. The following local residents attending the hearing expressed their views as follows: -1- SELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES. IOWA ai 51 After all local residents who to do so had expressed their views the Bond, Council Member Perret entitled: appeared at the hearing who desired for or against the proposal to issue introduced a Resolution "Resolution to Proceed With the Issuance and Sale of Industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000" and moved its adoption, seconded by Council Member Roberts After due consideration of said Resolution by the Council, the Mayor• put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Nays: Perret, Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhauser None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. ayor Atte �J0 City Clerk (Seal) A -2- SELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA RESOLUTION 81-313 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Henry Louis, Inc. (the "Company") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bond (Henry Louis Inc. Project) of the Issuer in the aggregate principal amount not to exceed $95,000 (the "Bond") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bond, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bond has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bond at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bond have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- BELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS. DES MOINES. IOWA ,2/6/ Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. -It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bond as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant -to the provisions of the Act to authorize, - issue and sell the Bond upon receiving reasonable advance notice and upon -reaching mutually acceptable terms with the Company regarding such Bond. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bond. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bond and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City, Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bond. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the.extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 8thdayof December 1981. payor Att �1 e- �— City Clerk �— (Seal) -4- EELIN. HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES. IOWA (Attach publisher's affidavit of publication of Notice of Intention to Issue Bond) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in the Iowa City Press -Citizen . a legal newspaper, printed wholly in the English language, published in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this tday of TiPC <1L. keY , 1981. a City Clerk (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7= Sr LIN, HARRIS. HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA �?/( 3 Printers leeS)� CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: •HIE IOWA CITY PRESS -CITIZEN I, lirnnwvIl S. Van Fossen, heir" duly ,horn. say that 1 ani the cashier of the 1()\\ \ Crn PRIisS-CI'FIz 1;N, a nows- popt'r published in said County, and that a 11011(0. n printed copy of which is ht-rotot[(' l'hed. Was published in said parry / L(__ (iniv(sk on the I'nl- �i tt'Ilir', date(s): ):ASS- - 1-M. rLL���)1Lr�j_i) cL_�L�s')l Cashier SuIJICIibrdpp and sworn to before nic gday of L, A.U. lo•�/ Mm tl A®wa Miis 10:4'A CITY VRF; ;-CITIZEN OFFICIAL PUBLICATION MOTICE Of INTENTION To ISSUE INDUSTRIAL DEVELOPMENT REVENIE BONDS (Henry Louis Inc. Project) - The City Council of the City of Iowa City. Iowa, (the 'Issuer') will meet on the 8th day of December, 1981, at the Civic Center; In Iowa City, Iowa. at ]:JD o'clock, pm for the purpose of conducting a public hearing on the proposal to issue Industrial Develbpeent Revenue Bonds, (Henry Loins Inc. Project) of the Issuer, in en aeount not to exceed 595.000 (the 'Bond"). and to loan said amount to Henry Louis Inc. (the 'Company'), an Iowa corporation. for the pu rob as of defrayl ng all or portian of the cost of certain Improvewants or equipment suitable for tM use of Its coeerclal enterprise consisting of a retail facility located within the urban Renewal Area designated in the Issuer's Urban Renewal Plan, Project No. twee R-14. follwlnd a public nearing on May 19, 1981, the City Council detemined It to be necessary and 4dviseble to proceed with the issuance and sale of the Bond In an aggregate principal amount not to exceed 580,000, but subsewently has been regmested by the Company to increase the maxlave amens of the Bond to 595,000. The Bond, If Issued, vltl be e limited obligation end rill net Constitute A general Wilstion of the Issuer nor fit it be payable In any manner by teaatlon, but the Bond will be payable solely and only free amounts received i by the Issuer under A teen Agreement between the Issuer and the Company, the Obligation Of which will be sufficient to pay the principal of and interest and ndngtion preehn, If any, oa the Bond as and wfrn the case Incl l be case due. s AC LM tiwe and place fiad for sold public nearing all local residents who appear will be given an opportunity to express their views for or against the props set to Issue the Bond, and at the nearing or any adjourment thereof, the lssuor shall adopt eresolution date mining Nether or not to proceed wItin the Issuance of the Bond. By order of the City Council, this I9Cn day of NnvPOer , 1381. Cr)T ar November 11, 1987 e2/ 6 i� RESOLUTION NO. 81-314 RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO EXTEND THE BOUNDARY OF THE NEIGHBORHOOD REDEVELOPMENT PROJECT. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa, to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight, and to encourage urban rehabilitation, and WHEREAS, the 403 Neighborhood Redevelopment Area, whose boundaries are shown on the attached map, has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and the spread of blight, and WHEREAS, it has become apparent that in order to effectively carry out the intent of Resolution No. 77-29 and to revitalize the older parts of Iowa City, it is necessary to extend the boundaries of the area to the north and east. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City that the City Council has considered the above findings and it is hereby found by the City Council that: 1. One or more slums or blighted areas exist in the City of Iowa City, Iowa. 2. These areas are within the boundaries shown on the attached map. 3. The rehabilitation, conservation, redevelopment or a combination thereof of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Iowa City, Iowa. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 8th day of December , 1981. J'IAYOR ATTEST: CITY CLERK )L e�ja E� 8 dcf ueu. ai6 s r - RESOLUTION NO. 81-315 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A QUITCLAIM DEED WHEREBY THE CITY CONVEYS A PARCEL OF LAND IN FURTHERANCE OF GILBERT STREET REALIGNMENT IN IOWA CITY, IOWA, IN EXCHANGE FOR A QUITCLAIM DEED FROM JOHN AND ELLEN ROCCA. WHEREAS, it was in the public interest to construct certain improvements on Gilbert Street in Iowa City, Iowa; and WHEREAS, it was necessary to acquire certain property in order to realign Gilbert Street, and it is now necessary to clarify certain legal descriptions to reflect Gilbert Street, as realigned. 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 a quitclaim deed, attached hereto as Exhibit A and incorporated by reference herein, to John H. Rocca and Ellen J. Rocca. It was moved by Vevera and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts _x Vevera Passed and approved this 8th day of December 1981. AYOR ATTEST: &e:,4&4Z CITY CLERK Received By The Legal Departreenf o?l 7 Ic ASR RAR ASSOCIATION rot TM L[Ou 6 N.. a r. r�—� �� r�r, EFFECT For Txa Yse or Tars Mex, CONSULT YOUR uwln rt- r. rr X Ibis+ QUIT CLAIM DEED Anow all Arn by Z:btge PusentS' That City of Iowa City, Iowa, a municipal Cor- poration having its principal place of business at Iowa City in Johnson County, Iowa, a corporation Organized and existing under the laws of the State of Iowa in considara tion of the sum of One Dollar ($1.00) and other valuable consideration in hand paid do hereby Quit Claim unto John H. Rocca and Ellen J. Rocca, husband and wife, as joint tenants with right of survivorship and not as tenants Grantees' Addran: RFD 4, Iowa City, Iowa 52240 all our right, title, interest, estate, claim and demand in the following described nal Mete situated in Johnson _county. lora, to -wit: All that part of Lot 3, Block 22, County Seat Addition, Iowa City, Iowa, lying westerly of a line 35.00 feet westerly of the existing center line of South Gilbert Street, as Constructed. No state documentary stamps required, deed to correct title. Sec. 428A.2(lo), 1981 Code of Iowa. Also governmental subdivision, Sec. 428A.2(6) 1981 Code of Iowa. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described promises. Wads end Oras IVE; . indudag clnod.dgment ltrs fl shill be comtrved a in the u. gv4r er olu.d numb, ad a mssaGm, i I.minne or Four., .Nile. eamdi.g to the cmbxl. Da.d December 8Ig 81 CITY OF IOWA CITY 10 7 Mayor — H IGreef.r'. Ad& ..I Ci y Clerk STATE OF IOWA, JOHNSON ss: MR Tia uWl owCT Or THE USE OF Mn "W, CONSULT FOUR uwTv On this 8th day of December A.D. 1981 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John Balmer end Abbie Stolfus to me personally known, who, being by me duly swom, did Ley that they are the mayor and city clerk respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (rYaY7�'ai>h5XX7eKY%�X�XXTi>yt1;LYYSS3{ corporation: that said instrument was signed (and sealed) on behalf of )the seal affixed thereto is the seal of said) City Council said corporation by authority of its and that the said John Balmer and Abbie Stolfus as such officers acknowledged the execution of said instrument to be the voluntary act and dead of said corporation, by it and by them�sluntarily executed. Notary Public in and for said County and State IOWA STATE Rte ASSOCIATION Offid.l hrm N.. 12 w seen @' e.....aa .� r.... . r—F ov.,'.IT, ROI, RESOLUTION 81-316 A Resolution Authorizing the Execution of Offer to Buy Real Estate and Ac- ceptance by and between the Iowa City Roman Catholic Vicariate Board of Education and the City of Iowa City, Iowa WHEREAS, the City of Iowa City, Iowa, is a municipal corporation and is desirous of purchasing 50.8 acres, more or less, located along the northern and northwestern portion of property owned by the Iowa City Roman Catholic Vicariate Board of Education with the exact legal description to be taken from a survey of said property; and WHEREAS, the Offer to Buy said real estate has been accepted by the Iowa City Roman Catholic Vicariate Board of Education; and WHEREAS, said Offer to Buy said real estate and Acceptance requires execution on behalf of the City of Iowa City, Iowa, by the Mayor and City Clerk; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the Mayor and City Clerk are hereby authorized and empowered to execute said Offer to Buy Real Estate and Acceptance on behalf of the City of Iowa City, Iowa. Passed and approved December 8, 1981. ATTEST: CITY CLERK Resolution No. b,_,16 It was moved by Neuhauser and seconded by Erdahl that the Resolution as rea e a op e , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA - Passed and approved this 8th day of December , 19 81. a/ 70 t AS30CunoN NIR TU ua.L IMIR Or pi uv t t OFFER TO BUY REAL ESTATE AND ACCEPTANCE (Short ForIO) Iowa City. . h. November 25 .1/91 mo Iowa City Rrnen Catholic Vicariate Hoard of Fffincation Ih..i. sepals ., S.OmI: Ilam moon M W. ••. bel THE UNDERSIGNED It". dnigaM m Lrn.ml hams, all« do IN, IN. .1 mlot. Lh.rCd in 110IMSM Calory, Ir., d.vibd n WI.: 50.9 acres, more or less, located along the northern and ncmtbwester„ portion Of the Seller's property, the exact legal description to be taken frim a survey which is to be furn;cher by Buyer, City of Iola city, Iowa, at its @menser and to he approved by the Seller. !aD.11•r'sh my mMl .d 'not dolaw CppalM.at Thal bud Irish mramal im..d mapliaru only .. fall.: ISMb ad IrramNob4 pllarts. if any. of I.I. Ib1 a, Isl W .I is) rill. shell b. tallest ablM to appiioble radial rlfi.ripnt Ra apt m in I. Wilson: bi And owbiel 1p It, n.wnbl.. N.rurry, and appmpri.dl .mniprin pa.rrnN as my M donee If ,.pad, mood .s Is 1. b.laof NA iai And W1,IC1 d0 YYTMfi all r.mrd for publk ulaiAm. arblit N.do Id pabrK M armH: Ids Ad wbjsl b ItL.vll IYir.l w.rnfw N ..yell (ta.w.•n N ,mrd nriq aiM M 4d)1 Ifarmr. mr mmmdll (D,imarm Nor shall ...mrd ad ram 11 0harraft a. III arfiwe) (Iua11 Iso looks aah N.. DI fpr Is. M.I . d hath exact acreac mM Yo AoYarnr; rxri by thn above !$QS1�tl9174S914{�AS7C I. SIM3.1. uSL Illi, aye., i. Naim ,alar Iunn .1. mrorilmd, under ... ..Xuno I..;N, .aye euaeiaa adridi.r. immeai.r.lr Na amm rM l mI4.a —armoniw m, afraid m.l .n.M N' L rem. s,lan,ra says NA. as Seller is tax exeapt. .d . ..ohne r ... m a W..el• m aim mars- Lunn ...II W. • —`-d I, S•ll.n .M .11 .era.a nv brfan ren• b• emor •6 a . wnm.•: m1 e• mW.. . far rM v..m.I, a I•in vad r •I.—' . f . n r•.. hall ("'a . mI ash p:R r. •..d..n nl 1 ..r r h w soar N.. Jury IS .1 rN r.r. oh, hIlwlim d 'MW wr'sr qm M, Iu. fr M. 1•m Ir.m11S Lwa\b w1r M• Irr1- IMN .dr—ass. (Dol to, yourmtf, if ter formula i. Fair i1 turn •re puraha.iw a W with .•vly euilr impu,mr- l 0. SIICIAL ASSISSNINIM (a) Sallan last pq all Ip•oi l wmma.b .hteh an a I— On the dot. al ,,pram al this all..• ,. av(b] 11 II h lrinstall. mos som MW. Ullat, III IWalYen M .,is, earls • tid. it rot paid. avald brim Niwwa Me mer Mi dw W 11 NI Nh. facial N. Wil b paid b, 91 a. IWOIR)l Wharf wasall w.0 S NA of fin, Iriedrtma N enaadad aW i add asry"v X Orme •d Moll M4iM r • m Iha pN '. urs a Ny Ion "'I IN. r rM an:. r tMir i•remrs moo apWar. IFIL al Ion !— Irl LWM Ira WY vhm ata a r® III MX all is siaad A enh halon • I., •d (1),.aa Wda.ma•aa 1 oil Yrar.ah erW W. tl ILl am m assay hash is delinM to Iv,mn. Ito aloe anpnpN 10 arm M-1 &,. if }t�hal 0.,n, l, Om. addAiwl • Aludr ads. S. "111 all. It Lunn bmlll ()slaw all abli.aNa. m r Men IMS3�. do, N }bralnher .1 Alpr., on WII m uta den Ga bWnW 1. Ira, Ir.M aof— al .ml, brow atl i. • 1 do% M nalmr al W.aaaim. II ypan I. tat, Nadmad M ripN a1 bow, r isdirn b ".. is IM Iwo (ellwia0: is Nhish m.ml. SMIr Mall 1. 1 hat Nadw an wi11 Wu . Msr IN uy assn,. Iw eamaalim. eft saamrmr. L IISTOm. I.S MI areal prat, 14r Iowan, blupS as r X doe1 u4 nsl aero.. rMroar anew r am. IN •t I'prn Rr+ (,iwumiw nuan.r•r nM M I Ion bused. Mad.. s, Num,. al NiMs, swirl. I—.;W—. snm, dam, arms. aa•v a`aMm lualmmu plumbiw f omm as w hoe= aanr rho—, ..r : Muim •avim am. air aseitmiw ()mast N+r oar N. . doer 1w . WIN. teal ob aloadam- ,hiss aeY, Imstiw. R. sM . I. amMM (•rem. t.a. Nl.a. hm ash Name. stall bas msiMm War al real W.I. oil iNdod.d in MX seM armor -- Lonna Iromel lel Wall le all mrpoliw (a,IwE b 9— ra all stall — e, . Pa. .1 .d irl.tltl i. MX .1. W (),bide .Imi,im barn ard .earn WII — as a No ad ad i.,dd 1. MX saw. ♦ ]. ADDITIONAL -1-1-1 PROVISIONS. T,l after is mde mb.O too ddY^cel n and p. li— If perearrnl 10 to U. hneluu.e, P -had on too at .eenianel Im.mr re cur 1—g I a eddilicml me ova•. . ^ en..n e1 ,e.n a. r�a.Mahl Io b a. :nvmne v ., Ion r. unrlioe vl m. ema un o1 ;a... a :n I ...... ah A.a 0.11 na.— ren epd.—moi I...... el t e p .. an r e , .;e. hraf. 1. maO x VIIQ II u .."Notal form, of Val of .Olaf. Irdl N M. a. p^m M b wed so 11 lerr , rotor, I'ad as a .1st mid dediw ie..un. II en. of I. pams. 1. 11 IhX oft,, it mad Nddmd No Sall.. pa as, Ma No rw•id ro m Sum. sR.Tw Ttr format ~ la evol.ld da' - I,_ II shall 1 .II .d .him .d MI Wmwll all saw. VAI.., NR.h.N H�— S.II.i. WIN m N..YRN ..... _. ..................._........:_. Qra Rn... 101. .2I 71 ADDITIONAL PROVISIONS Tb Igw , av u n4jad an IM bllarni 1Y1Mr cvla:m •a rraa'e'nac I& "AM WO IYIIRaLINm. Said nal mrM1 lea Per 11 poem/ do-odand lel se d dal• J Mu an. as ;a ;h .over canal— mill M .Aeras as edimered Noland r Me Rea pomron it .ince. Iii Mmenr. is Pell d Ion ar dannafu d n v II d u! pramaw ,lee u rwYad b IM invraau Merely. Ierya &arae ro pit aaL easasao nnraece ai (prpca e, hl be apyia as M .ervala d 1M neva:& pearl liw d h.0 M anus deer YeOrrya IrSw .arNraMr a and WIp WIl . be neaiM b nNir Y nvlapa aama. lawn atoll rMnuRv tamMdavMe II. AMMO •NO TIN. 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NM 1ebn Iawiba pvh la lair Ma, I as ands lame Iw last, is ml lar dmtbe arv.I;- d Iw Y bI asset J M. So len (1) time Me pranom ! el In:r sale, d dorim:p w=, ...'she Age. d Milan I. ark Anne .la Jal dial adela M Ill' w io:m mi IAN 6"m d won't" sa Per r' -.am I. comm•.: Ped Qtope. la IM euaw d me "1 0 a;. Win' .V a. r .w wMlo M.arnymand, f or, l.1. Am Am Iron Mismmro 1. ad b or -me did Iron Ped 'a Am Mllar diplomats, .iH pnOAmer 11, .w . ap l No an pr MI IS Spmv. '1 me . NefertitirmmaiaM. Gm.dioe Mia a0mmwl. Jail No Ormema M1 .are mato Mie :odd mN Ion onepurCem d MimviJim all 'gree d dsaq hammed ea diatnNAine Jon Ped/m n ewnelianu mile .6- 1 I.CA.t a Ma oto d Ma nerd too n1 d and fm n:�1Imp im cer ,Poses, is mW pmpse safe the ua[� 1 as a. Per Gs and im.. wpin&(nems, an Name apwiJm M M.i ma M Mall O Or TNS tl a. Ilmor i, JIM aura To Iii. Hmmwl. 11. Cdt016 Or 1M IASSIO — WI MOR — .OSSGOSYtl — WL MALS MMMISSIONL 1.1 If lawn brit In Nifill this a —.a,. In. Mlles me, I.d.ir ra. Am as PAmAd... Me Cuea of lam .11 p Im.enM1 mad. ,....War &nail M led iia. Te r. vron, A OI am ml • tle mem a anima her Mll.n en al n walla art parr^anla made r... dv 0:11 M paid W the Wier o Ino Aman .,bled, is fle dbcMrw of oS It Wlaolian lar I'd cvmm�opn. M(bea11 1.11 fir 1. Inlfan We Ada. II AFwrn`r. N.,, ...... ..�nveu near nru•a`e1lMeel n pammneran, it war be dw. M Inn .&neva .milia, bur (c1 la addition b M. f grim & remains. eu,m•am Were ..0 shall be Ain. la aq a d all aMv aia&. di- al Ip ar ' rviN. mor den. �. as lavarNpunoir` he m1.01 cad i1M:olno dams lliicm..1 la fine. in o5aacliaon. L] M a Oma Cm a i i�g� �n.r 'he pan.. a M.my Il MM. If lean nom Iw. rabid& h o Iba her in;, st .orN, -oWZtf a 1 bel d e. m'h Lday. IM SJIen. m Meir Sn1Y. m flai M&II hrJJ 1, wife a ,Imam 1, m Jalamwh. i. Alan (ram tna rddv d red Iden r interval. eMm.m Ma [eras am .gird Waaw Y All - 11. It MI.: Mmonl I. he M Island q r No M .beta M . :rr.11ewA neI -Nm cmMO. same Jai M as par Mea e. I—":m of Ma W.dal former of IM 1. ST.. Ier Muca n nw m JH.d. WI cimirommbe, he Mi. iAln '- IL AOOCAnCal O. TALUS O. A131113. lemm am Mlbn JJI dee raw he make a mwwble Jlewfim all wlm. IY lea reoh Mnis Pendants: W feilun he naw an moan.} JJI ml in *mI mavlar drew ar ani Ani, cmnad er IM1 pvlermanm. 11. AMMAL O. COURT. II Mie pnpM, b auw al en vbb. MA ar gard:ee✓Mi ip. e taboo Anil IN uoi ad bConalp. Conal amaJ, alae dv dna antro, W No instant- bmm. If mama,. am ail... Rd.ci.n li .eras ramps, ad dd Amis, No beim The eo1M1r an Ion MarieV Ion Cmrl epprw.l. 11. Mal .1 C ,f Ofli Ord .11 M arm., $ INSURANCR MUMS. 11 11, m purNau m :aa Ilerl .,led. fears 0.16. al MJr n. A.Am..Xer pmua:w. I. ;a Need Rn. sAnsisproom es Mme normal".amen v. M. cmm va. fins, 'm beid he pain Mnw Inmost n. ta ae WIp rho, Ma .d terminal of M. Ander prim. mind— me, ba low. Tem .side Jell W aiNv. b the Mllee. IMs .1. wrpn.4 1 and IOI SI. CONTRIR IIN01N0 ON SUCWSOU IN INfWST. This contact emir apply to and bind the ,uccrmn ;n interest of the mP-sS a peon. =I NAL PROMM. If loan wnlraO inch. pmmoery. I m lend g!!nb Mlme a —ty iota tin .0 n amn o1N. In A. a of Iuri nldawif. Sale al ha Phan, emceed in re As inch Iry ro drea . . Umhem CommrciJ C.a el Iona .Irak Ind ,uN Isenona ry 'n nm menu a. nal ..tura. all ore v -i. eAr S.,mm sIem 5.l, Ca. al Ips. n. We., and p m tonin, including me rm Ymr.gwrp ml nel, MJcast,. I he t,. n in Me eingubr ar pallid number, anal w mewl:... Ivnrmes m all &Peas. .rami; 1. IM weal. 1.. MIR AOns1OMS. IP.nann .need (re—s. In..niwlt Y]I }I p: Y•M lin IOL1 Ileot[a A]�Impbomb Ire"! froOargiTe M IWar.pM - dMof lei � I..rar...O. eiw . o& 1D City FLII1d[t Cat D11c Vlcarlate Board Of City 0 Cl O.Td AA�� 1c`ns R. C/ti/lm/Jyr Preside nr SELLERS John P. Pal:[er, Ma ®DYERSan . /p By /. r�,.AA� !iJ // G!/L�A� ATfFST' ' Sarah A. Parks, Se tary Sellen' Address Abbie Stolfiis, City C1e--A yeti Address ,lnhnc'nn NyL�' 5rAI0E. cem er CpO, V 1 a. ar Isi,lj/j� a, ti Minn m., M. endmpn... Nal., Inbfi. in and lar ,aid Ceunh and ST.'.. pe.nn..ma... lnhn R Ralmprd Mir and Ahhje $talfUSr City Clark mo.a be An is nie`�I than .A A-Amdln. on .no ,ra•d deer .irhin nGiarao n; :nommen. "air ro nor and n ­ .,..ca an AaN and :aena.heg.a same as in.i, valunb, eeA�d ewe. �C •Sw Cad• SlNei151 N.bn Public ie eaa fm said State el lama. Iopdnun elMr rNe he lenrwn.l oI i n al. ie. AM amprnd .amine said eburor w ailed ell 7z EXHIBIT A The additional provisions contained in this Exhibit A are hereby incorporated into and made part of the Offer to Buy Real Estate and Acceptance, Paragraph 24. The additional provisions are as follows: 1. It is agreed by Buyer, City of Iowa City, that the access ease- ment to the dam site which is to be constructed on or near the Seller's property shall be located as near to Seventh Avenue as is practicable and consistent with Buyer, City of Iowa City's, requirements for access to said dam site. It is further agreed that the placement of the ease- ment shall, at the option of Seller, be renegotiated as to location in the event of future development of the Seller's remaining land. 2. Buyer, City of Iowa City, agrees that it shall extend Seventh Avenue pavement to the Seller's property line as development occurs in the adjacent area. 3. It is agreed that in the event of future development of Seller's remaining property, storm water detention requirements shall not be im- posed by the Buyer, City of Iowa City. 4. The above -stated conditions shall be incorporated into a final agreement between the parties. .J/ %R Q RESOLUTION NO. 81-317 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, 1982, THROUGH JUNE 30, 1984. 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 tentative collective bargaining agreement to be effective July 1, 1982 through June 30, 1984, a copy of which Agreement is attached to this Resolution as "Exhibit A" 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 BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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 Erdahl and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch x Neuhauser x Perret x Roberts ABSTAIN Vevera Passed and approved this 8th day of December, 1981. AYOR o ATTEST: �u CITY CLERK 14 '217.3 Received $ Approved B The Legal Department 12 z CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1982 TO JUNE 30, 1984 TABLE OF CONTENTS ARTICLE 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 . . . . . . . . . . . . . . . . 3 Article VI -- Overtime . . . . . . . . . . . . . . . . . . 4 Article VII -- Special Leave . . . . . . . . . . . . . . . 5 Article VIII -- Holidays . . . . . . . . . . . . . . . . . 7 Article IX -- Sick Leave . . . . . . . . . . . . . . . . . 8 Article X -- Vacations . . . . . . . . . . . . . . . . 9 Article XI -- Union Activities . . . . . . . . . . . . . . 10 Aritcle XII -- Uniforms and Equipment . . . . . . . . . . 10 Article XIII -- Insurance . . . . . . . . . . . . . . . . 11 Article XIV -- Duty Outside the City . . . . . . . . . . . 11 Article XV -- Training Programs . . . . . . . . . . . . . 12 Article XVI -- Bulletin Boards . . . . . . . . . . . . . . 12 Article XVII -- Personnel Transactions . . . . . . . . . . 12 Article XVIII -- Discipline . . . . . . . . . . . . . . . 13 Article XIX -- Transfer Procedures . . . . . . . . . . . . 13 Article XX -- Supplemental Employment . . . . . . . . . . 13 Article XXI -- Safety . . . . . . . . . . . . . . . . 14 Article XXII -- Grievance Procedure . . . . . . . . . . . 14 Article XXIII -- General Conditions . . . . . . . . . . . 16 Article XXIV -- Waiver . . . . . . . . . . . . . . . . . . 17 Article XXV -- Savings Clause . . . . . . . . . . . . . . 17 Article XXVI -- Duration . . . . . . . . . . . . . . . . . 18 Article XXVII -- Wages . . . . . . . . . . . . . . . . . . 18 Article XXVIII -- Other Compensation . . . . . . . . . . . 18 .2/7f� This Contract as the "City" and I.A.F.F. AFL/CIO, promoting harmoniou PREAMBLE is entered into by the City of Iowa City, Iowa, referred to the Iowa City Association of Professional Fire Fighters, Local 610, referred to as the "Union", for the purpose of s and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: A/706 ARTICLE I 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 of the 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 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 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 / 7S 3 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 moneys 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 (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 V HOURS OF WORK Section l.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 4 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 within the fiscal year, upon termination, or by such time as required by the law, whichever comes first. d. The substitution may not impose any additional costs on the Employer, and 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.Staffing. 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 in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. 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 (1h) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (131) 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 considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the 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 (1/10) 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. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII 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 work is required. 0 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. 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, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members 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 (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 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 contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. — =2/'9 7 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 supression activities. In the event that the employee is not excused 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. Pregnancy 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, 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); 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, or 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 - 2/ P El 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 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. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) 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 the first 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. Section 2. Use of Sick Leave. a. 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. 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 within one (1) hour after 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 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. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disability leave. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours (8 shifts/yr) 192 10 years 1 day -15 years 18 hours (9 shifts/yr) 216 15 years 1 day -20 years 20 hours (10 shifts/yr) 240 more than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over after July 1 of any year 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 January 1 and May 15 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. 10 Employees will indicate their first choice in the order of seniority within the department. 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 that two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. 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 for 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. 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. 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 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. Negotiations. 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: - 02/f.3 Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts Winter coat 3 work pants 11 Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications 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 currently provided for employees and eligible dependents or its equivalent. When the City changes insurance carriers, it shall meet and confer with the union regarding the benefits of the new insurance plan. 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. 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. app f/ 12 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. 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. Materials removed will be placed in an inactive fi1e. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. 13 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 elect to 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 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge 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 member, 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 fler 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 07 /O 14 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 employment. 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. 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, Ipplication 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. a1 -k7 15 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 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 representative), 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 the Union. 4216 0 16 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) propective 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 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 CONDITIO 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 $6.00 per month for members of the 17 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. Section 5. Forty-five (45) copies unit employees as soon as is practicable the City will provide at cost. of the new contract will be provided to If the Union wants additional copies, 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 arties-.-The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. This Contract supersedes 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. 18 ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1982, and June 30, 1984, 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 extention thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation 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 Fire Department Firefighters, Lieutenants, and Captains will be increased by seven and five - tenths (7.5) percent at the beginning of Fiscal year 1983 and, further, by seven and five -tenths (7.5) percent at the beginning of Fiscal Year 1984; both adjustments to become effective on the appropriate date as defined in Section 1 above. Copies of the pay plans for FY83 and FY84 are attached to this agreement as Exhibit A and Exhibit B. 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 (2) percent 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, 1982. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1982) and for August, 1982 -November, 1982 -February, 1983 -May, 1983. 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 (2) percent 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. M 19 Section 2. Longevity Pay. A payment will be made to permanent full time employees as of December 1, 1982, 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 $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 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. In addition, a payment of $400 will be made to each permanent full time bargaining unit employee as of December 1, 1982. In the event that an employee terminates for any reason after December 1, 1982, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1983, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIR IGHTERS, I FF AFI0, LOCAL #610 BY: co AYOR BY: ASSISTAAN�NT CITY'MANAGER ATTEST: - ID CITY CLERK DATE: December 8th, 1981 BY: \/�iLrt[Lil/ v , at'=A DATE: POSITION TITLE 35-01 Firefighter* 36-01 Fire Lieutenant* 37-01 Fire Captain* *56 hr work week EXHIBIT A FIRE PAY PLAN FY83 MINIMUM MID -POINT A Hr 5.68 Biwk 636.16 Ann 16,540.16 Hr Biwk Ann Hr Biwk Ann B C D 5.93 6.19 6.44 664.16 693.28 721.28 17,268.16 18,025.28 18,753.28 7.03 787.36 20,471.36 7.68 860.16 22,364.16 7.33 820.96 21,344.96 8.00 896.00 23,296.00 MAXIMUM E F 6.73 7.03 753.76 787.36 19,597.76 20,471.36 7.68 860.16 22,364.16 8.36 936.32 24,344.32 *56 hr work week EXHIBIT B FIRE PAY PLAN FY84 MINIMUM MID -POINT MAXIMUM POSITION TITLE A B C D E F 35-01 Hr 6.11 6.37 6.65 6.92 7.23 7.56 Firefighter* Biwk 684.32 713.44 744.80 775.04 809.76 846.72 Ann 17,792.32 18,549.44 19,364.80 20,151.04 21,053.76 22,014.72 36-01 Hr 7.56 7.88 8.26 Fire Lieutenant* Biwk 846.72 882.56 925.12 Ann 22,014.72 22,946.56 24,053.12 37-01 Hr 8.26 8.60 8.99 Fire Captain* Biwk 925.12 963.20 1,006.88 Ann 24,053.12 25,043.20 26,178.88 *56 hr work week SIDE LETTER OF AGREEMENT between CITY OF IOWA CITY and IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, Local #610 December 29, 1981 The parties agree that it was their intent in reaching agreement on the Fiscal Year 1983-84 contract, that all provisions of Article XXVIII, OTHER COMPENSATION, remain in force for the entire life of the contract. Therefore, this side Letter of Agreement is executed by the parties for the purpose of clarifying the following: 1. Article XXVIII, Section 1, shall also apply during FY1984 using May, 1983 as the base index month. Quarterly computations will be made to determine the difference between the base index month and August, 1983; November, 1983; February, 1984; May, 1984. 2. Article XXVIII, Section 1-e, shall apply to salary schedules set forth in Exhibits A and B of the agreement. 3. Article XXVIII, Section 2, shall also apply during -Fiscal Year 1984 and payment of the appropriate amount of Longevity Pay and the annual payment of $400 shall be made to each bargaining unit member as of December 1, 1983. This letter shall apply only to the Fiscal Year 1983 - 1984 Contract and shall become void and have no further application upon expiration of said contract on June 30, 1984. CITY OF IOWA CITY, IOWA BY l SISTANT CI7 M AGER DATE: December 29, 1981 IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: PRESIDENT DATE: December 29, 1981 XYZ - RESOLUTION N0. 81-318 RESOLUTION ACCEPTING THE WORK FOR THE GILBERT STREET RAILROAD CROSSING IMPROVEMENTS, FY82 WHEREAS, the Engineering Department has recommended that the im- provement covering the Gilbert Street Railroad Crossing Improvements FY82 as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City. IA dated September 15, 1981 be accepted, AND WHEREAS, the Council finds the improvement is in place and does 'comply with the requirements :for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMIER x ERDAHL x LYNCH x _ NEUHAUSER x PERRET x ROBERTS VEVERA y Passed and approved this 22nd day of December 1981. yor ATTEST: < u J City Clerk Received B Approvad By Th_ Esyal Depa tra-nt CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT December 15, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Gilbert Street Railroad Crossing Improvements, FY82, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. sp ctfully submitted, Frank K. Farmer City Engineer bj4/9 a,?/ f/ RESOLUTION NO. 81_319 RESOLUTION ACCEPTING THE YORK FOR THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE I, FY81 WHEREAS, the Engineering Department has recamnended that the im- provement covering the Scott Boulevard paving improvement project. phase I. FY81 as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa dated April 14, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, 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 parratand seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x _ ROBERTS x VEVERA Passed and approved this 79nr1 day of December , 1981. ATTEST: Pecelved Ft Aj rpmvad By ThL E jc� i .uf�F•':c .: .2i?t CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT December 15, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Scott Boulevard Paving Improvement Project - Phase I, FY81, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R pe tfully subur ted, L Frank K. Farmer City Engineer bj4/10 RESOLUTION NO. 81-320 RESOLUTION ACCEPTING THE WORK FOR THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT, PHASE II, FY82 WHEREAS, the Engineering Department has recommended that the im- provement covering the Scott Boulevard paving improvement project, phase II, FY82 as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa dated August 11, 1981 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvenents, AND WHEREAS, maintenance bonds have been filed, 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 Perret and seconded by Ve era that the resolution as read be adopt -R",- and upon roll call ere were: AYES: NAYS: x x x x x x x ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 22nd day of December . 19 81• ATTEST: ,;z2od CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CV, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT December 15, 1981 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Scott Boulevard Paving Improvement Project - Phase II, FY82, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Ripe tfulllym�sk toted, Frank K. Farmer City Engineer bdw2/6 /t;� �- RESOLUTION NO. 81-321 RESOLUTION OF ACCEPTANCE OF SENIOR CENTER. WHEREAS, the Architect has recommended that the public improvement known as the Senior Center, as included in four (4) separate contracts be accepted, said contract having been entered into by the following: 1) Modern Piping, Inc.; 2) Burger Construction Co., Inc.; 3) White Electric Service; 4) Hockenbergs; and WHEREAS, all work has been completed under these contracts, and all materials, certifications, and documents required under the contracts have been furnished to the City; and , WHEREAS, the City Council finds the public improvement is in place and does comply with the requirements of said contracts; and WHEREAS, all warranties and guarantees have been provided. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said public improvement known as the SENIOR CENTER be and is hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer �— Erdahl x Lynch x Neuhauser T— Perret x Roberts x Vevera Passed and approved this 22nd day of December 1981. //�LATTEST: CITY CLERK Vevera &ecelved & Approved By The Le3al Department , .2 &Z. RESOLUTION MNO. 81-322 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RALSTON CREEK VILLAGE SEWER RELOCATION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 5th day of January , 19 82 , at 7:30 PM 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 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 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 Perret and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: E ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS X_ VEVERA Passed and approved this 22nd day of ATTEST December 1981 .203 RESOLUTION NO. 81-323 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF CEDARWOOD APARTMENTS, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, MRD, Inc. has filed with the City Clerk of Iowa City, Iowa, an application for approval of the Amended Preliminary and Final Large Scale Residential Development Plan of Cedarwood Apartments, for the following described premises located in Iowa City, Johnson County, Iowa: "A tract of land in Braverman Center in Iowa City, Johnson County, State of Iowa. Beginning at the southeast corner of Braverman Center; thence north 0°26'20" east, 386.38 feet to the southeast corner of Lot 6 of said Block 2; thence north 89°33'40" west, 410.00 feet to the southwest corner of said Lot 6; thence south 0°26'20" west, 386.38 feet to the southwest corner of said Block 2; thence south 89°33'40" east, 410.00 feet to the Point of Beginning. Said parcel contains 158,558.40 square feet or 3.64 acres more or less;" and WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the Amended Preliminary and Final Large Scale Residential Development Plan and have recommended approval of same; and WHEREAS, the said Amended Preliminary and Final Large Scale Residential Development Plan has been examined by the Planning & Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, said Amended Preliminary and Final Large Scale Residential Development Plan 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 THE CITY OF IOWA CITY, IOWA: 1. That said Amended Large -Scale Residential Development Plan is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. a.2oX It was moved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES Passed and approved this ATTEST: 1� CITY CLERK NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera 22nd day of December 1981. Received Z Approved %`y �'1113,.! eaat IIep �tr,.c ,i Lc/ Z"2 —/6 --- el ayes STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: S-8119. Cedarwood Apartments Date: November 19, 1981 Amended Preliminary & Final LSRD Plan GENERAL INFORMATION Applicant: Levy, Malone & Co. 534 42nd Street Des Monies, Iowa 50312 Requested action: Preliminary and final LSRD plan amendment. Purpose: To develop 64 multi -family residential dwelling units. Location: 2000 Broadway Street. Size: 3.64 acres. Existing land use and zoning: Undeveloped and R3B. Surrounding land use and zoning: North - multi -family and R3B. East - duplex and R2. South - undeveloped and R1B. West - undeveloped and C2. Comprehensive Plan: The area is designated for 8-16 dwelling units per acre. Applicable regulations: Requirements of the Stormwater Management and LSRD Ordnances. 45 -day limitation period: 12/18/81. 60 -day limitation period: 1/3/82. SPECIAL INFORMATION Public utilities: Adequate sewer and water services are available. Public services: Police and fire protection are available. Public sanitation would not be provided. Transportation: Vehicular access would be provided from Broadway Street. '?,204 2 Physical characteristics: Topography is gentle with slopes of less than 5%. ANALYSIS The applicant is requesting approval of an amended preliminary and final Large Scale Residential Development (LSRD) consisting of four 12 -unit and two 8 -unit unit multi -family residential buildings. The total of 64 units is the same as was previously approved. The two changes which are being proposed are a new side layout and the addition of a community building. Neither change appears to have a negative impact on the proposed development. The density of development remains 17.6 dwelling units per acre, which is easily within that required for the present R3B zoning, but more than the 8-16 dwelling units per acre recommended by the Comprehensive Plan. The staff finds the overall design of the proposed LSRD to be good. RECOMMENDATION It is the staff's recommendation that the amended preliminary and final Large Scale Residential Development plan be deferred. Upon revision of the plan correcting the deficiencies and discrepancies noted below, the staff recommends that the amended preliminary and final LSRD plan be approved. DEFICIENCIES AND DISCREPANCIES 1. The distance between present and proposed structures on the tract and those adjacent to the tract should be indicated. 2. The height of present and proposed structures should be indicated. 3. Dimensions should be shown for all structures on the tract. 4. The width of the Broadway Street right-of-way and the back of curb line should be shown. 5. The length of the parking spaces should be indicated. 6. Construction plans for the stormwater detention pond have not been submitted. 7. Construction plans for other improvements have not been approved by Engineering. 8. The plan should be titled Amended Preliminary and Final Large Scale Residential Development of Cedarwood Apartments. 9. A signature block should be provided for the utility companies and the City Clerk on the title page. 10. The tree planting plan should show the mature height (large, medium or small) of all trees. 11. Proposed tree islands are too small for large trees. The large tress should either be replaced with small trees, or the tree islands enlarged. ,v?•? 07 12. All tree islands should be dimensioned. ATTACHMENT Location map. ACCOMPANIMENT Preliminary and final LSRD plan. Approved by: uona w 5 nmeiser, uir Oepartmen of Plannin and Progra Devleopme 'U08 Iowa City, Iowa, December 22, 1981. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John P. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None -1- a?,2ia The Mayor announced that the purpose of the meeting was to amend the Memorandum of Agreement executed in connection with the issuance of not to .exceed $5,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project). After due consideration of the proposed amendment to the Memorandum of Agreement, Council Member Neuhauser proposed the following Resolution and moved its adoption. Council Member Lynch seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Vevera, Balmer, Erdahl, Lynch, Neuhauser, Perret. Roberts NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective The Resolution is as follows: -2- RESOLUTION NO. 81-324 A RESOLUTION RELATING TO AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $5,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS 6 BETTS CORPORATION PROJECT). WHEREAS, the City of Iowa City, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable (the "Project"); and WHEREAS, the City has been requested by Thomas s Betts Corporation, a New Jersey corporation duly qualified and authorized to do business in the State of Iowa (the "Company") to amend the Memorandum of Agreement entered into between the City and Company on August 26, 1980, pursuant to Resolution No. 80-367 of the City Council of the City, to extend the expiration date of said Memorandum of Agreement to July 1, 1982; and WHEREAS, the City finds it to be in the best interests of the City that the expiration date of said Memorandum of Agreement be extended to July 1, 1982. NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the Amendment to Memorandum of Agreement attached hereto as Exhibit "A", amending the Memorandum of Agreement dated August 26, 1980, between the City and the Company be executed for and on behalf of the Citv. -3- Section 2. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 22nd day of December, 1981. (Seal) City of Iowa City, Iowa Attest: Abbie Stolfus, City Plerk -4- .32/3 EXHIBIT "A" AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Thomas & Betts Corporation, party of the second part (hereinafter referred to as the "Company"). The Memorandum of Agreement entered into between the City and the Company on August 26, 1980, pursuant to Resolution No. 80-367 of the City Council of the City is hereby amended and supplemented as follows: The date in paragraph 4(a) is hereby amended to read "July 1, 1982." IN WITNESS WHEREOF the parties hereto have entered into this Amendment to Memorandum of Agreement by their officers thereunto duly authorized as of the 22nd day of December, 1981. City of Iowa City, Iowa (Seal of City) N.Whn R. Balmer, Moor Attest: K2ZZJ Abbie Stolfus, Cit Clerk Thomas & Betts Corporation '�j�/ (Seal of Company) By J/ W. Kearny Hibbard, Treasurer Attest: J ne--H. Way, Sec V6 tary a e2/ �L CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on December 22, 1981, authorizing execution of an Amendment to Memorandum of Agreement previously executed in connection with the issuance of not to exceed $5,500,000 in aggregate principal amount the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project); authorizing execution of an Amendment to Memorandum of Agreement; and approving proceeding with the issuance of said Bonds; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, 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 pro- visions of Chapter 28A, Iowa Code, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 22nd day of December,1981. &City4le�rk (Seal) Abbie Stolfus, State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. / �CQ�f�Lf7LN (Seal) Notary Public -5- .?.2 Ir a (This Notice to be Posted) NOTICE AND CALL OF PUBLIC HEARING Governmental Body: Date of Meeting: Time of Meeting: The City Council of Iowa City, Iowa. December 22, 1981 7:30 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: 1. A Resolution Authorizing Execution of an Amendment to Memorandum of Agreement Previously Executed in Connection With the Issuance of Not to Exceed $5,500,000 in Aggregate Principal Amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project). 2. Such additional matters as are set forth on the additional 8 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. a�� i • fIQ LLQ Z2 Marian K. Karr Clerk of t City of Iowa City, Iowa -6- a2v2/4 '16�11 11�611 RESOLUTION NO. 81-325 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY82 CONTRACT AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide snow removal services free of charge to elderly and handicapped persons qualifying under Rules (A) and (B) established by Resolution No. 79-558 pursuant to Section 31-123 of the Code of Ordinances of the City of Iowa City, Iowa, and WHEREAS, the Elderly Services Agency of Johnson County is an agency which provides chore services to elderly residents of Iowa City, and WHEREAS, the City of Iowa City and the Elderly Services Agency of Johnson County are in agreement that the aforementioned snow removal services can be most efficiently administered by the Elderly Services Agency, and WHEREAS, a FY82 contract agreement was executed June 30, 1981 between the City of Iowa City and the Elderly Services Agency, and WHEREAS, the attached amendment to the FY82 contract agreement has been negotiated by the City of Iowa City and the Elderly Services Agency of Johnson County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City. Clerk to attest the attached amendment to the contract agreement with the Elderly Services Agency of Johnson County for FY82. It was moved by Lynch and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts X Vevera Passed and approved this 22nd day of December 1981. 000 YO ATTEST: TY CLERK Rescive� 8�:; ;::ura:l 17- a2o2/ 7 AMENDP TO FY82 AGREEMENT BETWEEN THE ( OF IOWA CITY At iE ELDERLY SERVICES AGENCY OF , ;ON COUNTY /Yjl�- . It is hereby agreed on this /9� day of i'39Y, that provisions I, II, and III of the FY82 contra"t agreement executed June 30, 1981 between the City of Iowa City and the Elderly Services Agency of Johnson County are hereby amended to read as follows: SCOPE OF SERVICES 3(b) Chore services to be provided shall include minor home repairs, yard work, and snow removal, including free snow removal for low-income elderly and handicapped residents of Iowa City in accordance with Rules (A) & (B) established by Resolution No. 79-558 pursuant to Section 31-123 of the Code of Ordinances of the City of Iowa City, Iowa. II. FUNDING The following paragraph is to be added to the original text: In addition, the City shall set aside the sum of $2,800 for FY82, to be used as needed to reimburse the ESA for payments to non -employees of the ESA for providing snow removal services in accordance with Rules (A) & (B) established by Resolution No. 79-558 pursuant to Section 31-123 of the Code of Ordinances of the City of Iowa City. At the end of the 1981-82 winter season, any unused portion of the $2,800 will remain with the City. II. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsections: A. Payment for the snow removal program will be made as reimburse- ment for labor costs incurred in operation of the program. Payment will be made monthly upon receipt of reports from the ESA, as specified in IIIC. C. The ESA will provide the City with a complete and accurate accounting of expenditures and statistical data for the snow removal program at the end of each winter month in which snow removal services are provided. FOR THE CITY OF IOWA CITY: FOR THE ELDERLY SERVICES AGENCY: JOHN R. BA M R, MAYOR NAME 7 TITLE ' ATTEST: 2L JkXL ATTEST ABBIE STOLFUS CITY CLERK Resehred $ Approvscl By TICS Legal DLpzor•,nrii —4— Ir7 NAMEQ ' A TITLE .?.2 / F RESOLUTION NO. 81-326 RESOLUTION AUPHORIZING EXEC!TPION OF AN AGREEMENT WITH I.D.O.T. FOR THE INSTALLATION OF A TRAFFIC SIGNAL & LIGHTING SYSTEM AT THE INTERSECTION OF HIGHWAY 6/218/1 WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa De artment of Transportation , a copy of said agreement being attac to a Reso ution and by EFTs reference made a part fie �o, and, WHEREAS, the City Council deens it in the public interest to enter into said agreement with the Iowa Department of Transportation for the installation of a traffic signal and intersection lighting system at the intersection of Highway 6, 218, and 1 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 :roved by Perret and seconded by Vevera the Resolution be adopted, and upon roll call there were: NAYS: ABSENT: Passed and approved this City Clerk BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA 22nd day of December , 1981, Received & Approved By The Legal Departine,i? t ADDENDUM TO AGREEMENT NO. 81-3-032 County Johnson City Iowa City Proj. No. F-1-5(25)--20-52 Addendum No. 81-A-122 IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa (hereafter City) as follows: The D.O.T. and the City entered into Preconstruction Project Agreement No. 81-3-032 for the reconstruction of Iowa Primary Highway No. 1 including its intersection with U.S. Primary Highway No.'s 6 and 218, all of which lie within the City. The Agreement was signed by the City and D.O.T. on June 2 and 30, 1981, respectively. The D.O.T. proposes to let a separate project within the above described construction limits for the installation of traffic signals and street lighting units at the intersection of Iowa 1, U.S. 6 and U.S. 218 as described below: a. An eight (8) phase, fully -actuated traffic signal installation will be constructed with one (1) signal pole unit in each of the four (4) corners of said intersection. b. Street lighting units will be installed in each corner of the intersection utilizing the proposed combination signal/streetlight poles described above. Lighting mastarms will be placed near the top of the four (4) signal poles using 250 watt high pressure sodium luminaires. Upon completion of the traffic signal and lighting construction,the City will accept full responsibility for all future energy and maintenance costs associated therewith, all at no expense to the D.O.T. M?a2d -z - Upon completion of construction and proper billing by the D.O.T., the City will reimburse the D.O.T. for 1008 of the actual cost of the lighting equipment as referenced in section No. 2B herein (estimated at approximately $6,338.00 and which is further described as follows: Estimated Quantities * (4) Mastarms (4) High Pressure Sodium (250 watt) Roadway Luminaires (4) Ground Rods (10) RM12 Connectors 435 Lin. Ft., 2" Rigid Steel Conduit 280 Lin. Ft., 2" Type 2, Plastic Conduit 1550 Lin Ft. Cable, 1/c No. 8 AWG 700V 420 Lin. Ft., Cable, 1/c No. 10 AWG 600V 855 Lin. Ft., Bare Copper Ground Wire 6 AWG (1) Contactor Estimated Total $6338.00 4. All provisions set forth in Agreement No. 81-3-032 which are not revised or in any way affected by this Addendum shall remain in full force and effect. 5. This Addendum may be executed in two counterparts each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. (*) Estimated cost. County Johnson Project No. F-1-5(25)--20-52 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. signature below. 81-A-122 Cites ,of Iowa City Title: Mayor as of the date shown opposite it's I, Abbie Stolfus , , 19 By Tho Lega! z certify that I am the Clerk of the CITY, and that John R. Balmer Mayor, who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 81-326 duly passed and adopted by the CITY, on the 22nd day of 19 81 December Signed (111L A4442 City Clerk of ioa city Iowa December 22 IOWA DEPARTMENT OF TRANSPORTATION Ri ht o Way Direcor Date Highway Division ATTEST: BY: , 19 81